Acórdão nº 9250342 de Court of Appeal of Porto (Portugal), 27 de Maio de 1992
| Magistrado Responsável | ANTONIO CABRAL |
| Data da Resolução | 27 de Maio de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART120 D ART122 N1. DL 17/91 DE 1991/01/10 ART3 N1 N2 ART6 N1 N2.
Sumário: I - O auto de notícia levantado nos termos do nº 1 do artigo 3 do Decreto-Lei 17/91 de 10/01 faz fé em juízo até prova em contrário mas a eficácia de tal auto não impede a autoridade judiciária de proceder às diligências que entender necessárias para a descoberta da verdade. II - Se o juiz, perante as provas produzidas na audiência de julgamento, ficar com dúvidas acerca da fidedignidade, "in casu", da contestação da velocidade a que o arguido circulava, deve proceder a diligências reputadas essenciais ao apuramento da verdade, nomeadamente à audição do guarda autuante e à requisição do rolo fotográfico...
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