Acórdão nº 9510145 de Court of Appeal of Porto (Portugal), 27 de Setembro de 1995
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 27 de Setembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/ESTADO - DIR ESTRADAL. DIR ORDEN SOC. DIR PROC PENAL.
Legislação Nacional: CP82 ART410. CE54 ART46 N1. CE94 ART124 N1 ART135 N1. DL 123/90 DE 1990/04/14 ART1. DL 114/94 DE 1994/05/03 ART2. CPP87 ART379 A.
Sumário: I - Não tendo a sentença entrado na apreciação do mérito da causa, por julgar que a conduta acusada foi despenalizada, não tinha que enumerar os factos provados, não provados e as provas, ainda que o julgamento tenha sido realizado. II - A condução de veículo automóvel sem habilitação, previsto e punido, como crime, pelos artigos 46 n. 1 do Código da Estrada de 1954 e 1 do Decreto- -Lei 123/90, de 14 de Abril, passou a ser classificada como contra-ordenação pelo artigo 124 n. 1 do Código da Estrada de 1994. Consequentemente, essa conduta deixou de ser punível, ainda que praticada na vigência daqueles dois primeiros diplomas, atento o disposto no artigo 2 n. 2...
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