Acórdão nº 0007623 de Court of Appeal of Lisbon (Portugal), 15 de Janeiro de 1997
Magistrado Responsável | CARLOS SOUSA |
Data da Resolução | 15 de Janeiro de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: ANULADO O PROCESSADO.
¡rea Tem·tica: DIR PROC PENAL. DIR ECON - DIR TRANSP DIR RODOV.
LegislaÁ„o Nacional: DL 123/90 DE 1990/04/14 ART1. CE94 ART138 ART151 N3. DL 433/82 DE 1982/10/27 ART20. CPP87 ART119 D F ART392.
JurisprudÍncia Nacional: AC RL IN PROC376/3/96 DE 1996/09/23.
Sum·rio: - A conduÁ„o de veÌculos automÛveis sem que o condutor esteja legalmente habilitado a conduzir constitui n„o sÛ contra-ordenaÁ„o (artigo 124 n. 3 do CE) mas tambÈm ilÌcito criminal (artigo 1 do DL n. 123/90 de 14/04). - Coexistindo em vigor aquelas normas, a sua convergÍncia resolve-se nos termos do disposto nos artigos 20 do DL n. 433/82 de 27/10 e 138 do CE vigente, ou seja tal facto ilÌcito ser· punido como crime sem prejuÌzo da aplicaÁ„o da sanÁ„o acessÛria da contra-ordenaÁ„o (cfr. artigo 151 n. 3 do CE). - Requerido julgamento com processo sumarÌssimo, houve violaÁ„o do artigo 392 ns. 1 e 2 do CPP, uma vez que estamos...
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