Acórdão nº 9310300 de Court of Appeal of Porto (Portugal), 29 de Setembro de 1993
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 29 de Setembro de 1993 |
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: DL 17/91 DE 1991/01/10 ART11 N1 N2 N3 ART2. CPP87 ART113 N2 ART119 C.
Sumário: I - O disposto no nº 2 do artigo 11 do Decreto-Lei nº 17/91, de 10/01, não dispensa a notificação da sentença ao próprio arguido já que neste particular continua de pé a exigência decorrente do nº 5 do artigo 113 do Código de Processo Penal, aplicável "ex vi" do artigo 2 daquele Decreto-Lei; II - Nos casos em que à contravenção corresponde multa e inibição da faculdade de conduzir, é obrigatória a comparência do arguido em julgamento, pois que tal obrigatoriedade só é afastada segundo o nº 3 do citado artigo 11 quando a infracção for punível unicamente com pena de multa; III - Sendo esta a regra geral, ela não terá de ser observada quando não seja possível notificar o arguido, nos termos do nº 1, daquele artigo 11, o qual será então julgado à revelia depois de o juiz lhe nomear defensor e de a este ser feita a notificação a que alude o nº 1, sem a realização da qual não é lícito considerar afastada aquela regra de obrigatoriedade da comparência do arguido em julgamento nos casos...
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