Acórdão nº 9640545 de Court of Appeal of Porto (Portugal), 09 de Outubro de 1996
Magistrado Responsável | OLIVEIRA DOS SANTOS |
Data da Resolução | 09 de Outubro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: REJEITADO O RECURSO.
Área Temática: DIR ORDEN SOC. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART412 N1 N2 ART419 N4 A ART420 N1 N2. DL 328/86 DE 1986/09/30 ART36 N1 C ART74 N1 N2 C.
Jurisprudência Nacional: AC STJ DE 1994/04/19 IN CJSTJ T2 ANOII PAG189.
Sumário: I - Condenado um arguido em coima - na sanção acessória de encerramento de estabelecimento pela contra-ordenação prevista no artigo 36 n.1 alínea c) do Decreto-Lei n. 328/86 de 30 de Setembro e punido pelo artigo 74 n.1 e 2 alínea c) do mesmo diploma, o facto de, posteriormente à interposição do recurso, o arguido ter juntado ao processo um requerimento e um auto de vistoria onde impetra arquivamento daquele por ter sido pressuposto do decidido encerramento do estabelecimento a falta do respectivo auto de vistoria e este já existir não configura...
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