Acórdão nº 0225802 de Court of Appeal of Porto (Portugal), 13 de Fevereiro de 1991
| Data | 13 Fevereiro 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM.
Legislação Nacional: CE54 ART46 N1. CPP87 ART119 F ART120 N3 ART311 ART374 N2 ART379 A ART381 ART389 ART428 N2. DL 123/90 DE 1990/04/14 ART1.
Sumário: 1. A infracção do artigo 1 do Decreto-Lei n. 123/90, de 14 de Abril - condução de veiculos automoveis ligeiros ou pesados sem para tal estar habilitado - tipifica um crime e não uma contravenção. 2. A forma processual adequada a perseguição desse crime quando o agente não tiver sido detido em flagrante delito por autoridade judiciaria ou entidade policial e o processo comum. 3. O julgamento em processo sumario acarreta a nulidade prevista no artigo 119 alinea f) do Codigo de Processo Penal, que...
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