Acórdão nº 9441043 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1995
Data | 01 Fevereiro 1995 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP82 ART388 N3. CPP87 ART119 E ART122 N1 ART328 ART358 ART374 N2 ART379 A B. DL 124/90 DE 1990/04/14 ART2 N1 ART4 N1 N2 A N4 ART5 N1. CONST92 ART207.
Jurisprudência Nacional: AC STJ DE 1993/02/11 IN CJSTJ T1 ANO I PAG191.
Sumário: I - Incorre em nulidade processual insanável contemplada no artigo 119, alinea e), a que correspondem os efeitos constantes do artigo 122, n.1, ambos do Código de Processo Penal, a sentença que não apreciou as pretensas inconstitucionalidades orgânicas do Decreto Lei n.124/90, de 14 de abril, alegadas na contestação, por se ter entendido que essa apreciação não cabe na competência do tribunal " a quo ". II - Tendo o arguido sido acusado pela prática de um crime de condução sob influência do alcool previsto e punido pelo artigo 2, n.1, artigo 4, n.1 e n.2, alinea a) e artigo 5 do Decreto Lei n.124/90, e de um crime de desobediência qualificada previsto e punido pelos artigo 4, n.4 desse diploma legal e artigo 388, n.3, do Código Penal, constitui alteração não substancial dos factos ter a sentença dado como provado que durante o período em que esteve iníbido de conduzir o arguido foi visto por vizinhos a conduzir tal veículo, por este facto não constar da...
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