Acórdão nº 9350181 de Court of Appeal of Porto (Portugal), 15 de Dezembro de 1993
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 15 de Dezembro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CRIM.
Legislação Nacional: CE54 ART58 N11. DL 400/82 DE 1982/09/23 ART7. CP886 ART18.
Sumário: I - A notificação prevista no n. 11 do artigo 58 do Código da Estrada só poderá ter lugar antes da elaboração definitiva de um auto de notícia sobre uma dada conduta contravencional e quando o autuante não puder identificar o condutor por qualquer outro meio legalmente admissível, já que tal notificação se nos apresenta claramente como um meio auxiliar da elaboração duma autuação enquanto pressuposto da instauração de procedimento criminal e, portanto, quando não apurada ainda a identidade do condutor; II - Elaborado o auto de notícia em que é identificado como condutor o dono...
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