Acórdão nº 9810913 de Court of Appeal of Porto (Portugal), 25 de Novembro de 1998
| Magistrado Responsável | COSTA MORTAGUA |
| Data da Resolução | 25 de Novembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR TRIB - DIR CUSTAS JUD. DIR CONST.
Legislação Nacional: CP95 ART69 N1 ART71. DL 423/91 DE 1991/10/30 ART13 N3. CONST92 ART30 N4. CONST89 ART201 N1 B.
Jurisprudência Nacional: AC TC N143/95 DE 1995/03/15. AC TC DE 1990/05/03 AJ ANO9 PAG32.
Sumário: I - A pena acessória de inibição da faculdade de conduzir - prevista no artigo 69 do Código Penal como se de uma pena principal se tratasse, resultando a sua aplicação da prova do facto ilícito e da culpa - não emerge automaticamente da lei, e não viola, por isso, o artigo 30 n.4 da Constituição. II - Não enferma de inconstitucionalidade orgânica o disposto no n.3 do artigo 13 do Decreto-Lei n.423/91 - dispõe que na sentença criminal se condene o arguido a pagar 1% da taxa de justiça, que será considerada...
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