Acórdão nº 0409921 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1991
Magistrado Responsável | HERNANI ESTEVES |
Data da Resolução | 16 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CE54 ART14 N1 N2 G N7 ART61 N2 B. CPP87 ART1 N1 F ART359 N1 ART410 N2 C ART426 ART344 N2 A.
Sumário: I - O auto de noticia equivale a acusação, que define o objecto do processo, limitando os poderes cognitivos do tribunal. Estando o arguido acusado, em processo sumarissimo, pela contravenção do artigo 14, n. 1 do Codigo da Estrada e tendo sido condenado pela contravenção do artigo 14, n. 2, alinea g), com referencia ao artigo 61, n. 2, alinea b), "in fine", do mesmo diploma, houve uma alteração substancial dos factos, que impunha observancia do disposto no artigo 359, n. 1, do Codigo de Processo Penal. II - Tendo o arguido confessado integralmente e sem reservas os factos constantes do auto de noticia, o Meretissimo juiz, enveredando pela produção de prova em flagrante violação dos comandos legais e dando como provados outros factos, cometeu erro notorio...
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