Acórdão nº 9311226 de Court of Appeal of Porto (Portugal), 22 de Novembro de 1995
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 22 de Novembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL / DIR ESTRADAL. DIR PROC PENAL.
Legislação Nacional: CE54 ART5 N2 ART10 N2 ART59 B. CE94 ART87 N1 N2 ART135 N1. CP82 ART2 N2 ART116. CP95 ART101 N1 A B ART137 N1. L 3/82 DE 1982/03/29 ART7 N1 A. DL 124/90 DE 1990/04/14. DL 48/95 DE 1995/03/15 ART2 N1 ART13. CPP87 ART374 N2 N4 ART380 N1 A N2 N3 ART410 N2 ART426 ART428 ART431.
Sumário: I - Tendo a Relação declarado nula a sentença proferida por juiz singular e determinado a repetição do julgamento com observância do disposto no artigo 374 n.2, do Código de Processo Penal, continua a ser competente para o julgamento o tribunal singular, por não ter ocorrido qualquer dos vícios do n.2 do artigo 410 daquele Código, determinantes de reenvio; II - Constitui incidente estranho ao andamento do processo, e por isso tributável, o requerimento em que o arguido suscita a incompetência do tribunal singular. A omissão da respectiva condenação em custas deve ser colmatada no tribunal superior, nos termos dos artigos 374 n.4 e 380 ns.1 alínea a), 2 e 3 do Código de Processo Penal; III - Dando-se como provado que o arguido conduzia sob o efeito de álcool ( acusava uma Taxa de Álcool no Sangue de 0,5 g/l ) um veículo automóvel ligeiro, tendo em determinada altura ultrapassado um veículo pesado de mercadorias para o que saiu da sua hemi-faixa e entrou em pleno na faixa contrária, sem previamente se ter certificado da ausência de perigo, vindo aí a embater num velocípede motorizado que circulava em sentido oposto, provocando no seu condutor lesões corporais que lhe causaram...
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