Acórdão nº 0310971 de Court of Appeal of Porto (Portugal), 05 de Junho de 1991
| Magistrado Responsável | COSTA DE MORAIS |
| Data da Resolução | 05 de Junho de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISãO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART120 N1 ART358 N2 ART379 ART409 N1. CE54 ART20 ART30 N2.
Sumário: 1. Não ha alteração não substancial dos factos da acusação se, omitindo esta qualquer referencia a intensidade em que iam ligadas as luzes do veiculo, a defesa alegou que ia com elas acesas e se provou e se considerou que iam nos medios, pois que este facto não e senão um esclarecimento do alegado pela defesa. Do mesmo modo, se a acusação refere que o arguido conduzia a velocidade superior a 100 Km/h e ficou provado que ia a 70 Km/h. 2. A nulidade decorrente da violação do art. 358 do C. P. P. esta sujeita ao regime do art. 120 n. 1, do mesmo Codigo. 3. Não ha uma regra fixa e expressa quanto a utilização das luzes nos maximos e nos medios, excepto no que se refere a...
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