Acórdão nº 9510968 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1996
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 24 de Janeiro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: DL 124/90 DE 1990/04/14 ART1 ART2 N1 ART4 N1 N2 A. CP82 ART14 N1 ART76 ART77. CPP87 ART119 B ART123 ART243 ART343 ART344 ART389 N3 ART410 N2 A. CE94 ART148 ART149. CP95 ART2 N4 ART69 N1 A ART292.
Sumário: I - Tendo o arguido sido julgado em processo sumário por um crime de condução sob influência de álcool, não ocorre a nulidade insanável do artigo 119 alínea b) do Código de Processo Penal - falta de promoção do processo pelo Ministério Público - se existir auto de notícia elaborado na forma legal, e se o Ministério Público promoveu o julgamento ( não havendo apresentado acusação tem de entender-se que remeteu para o conteúdo do auto de notícia, cuja leitura o juiz não deixou de fazer necessariamente ao arguido, nos termos dos artigos 343 e 344 daquele Código ); II - Por razões de economia processual, não se afigura exigível que o Ministério Público, primeiro, leia formal e solenemente o auto de notícia, e o juiz renove a leitura do mesmo auto ao arguido para o inteirar do objecto do processo; III - A entender-se ser necessário a leitura do auto pelo Ministério Público ( conforme n.3 do artigo 389 do referido Código ), a omissão de tal acto só pode integrar irregularidade, a arguir nos termos do disposto no artigo 123 do mesmo diploma legal; IV - Tendo-se dado como provado que o arguido no exercício da condução apresentava uma Taxa de Álcool no Sangue de 2,54 g/l, e que "...
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