Acórdão nº 252/06.2GFSNT.L1-5 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Data | 01 Março 2010 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: PROVIDO Sumário: I – Estando provado que o arguido é co-autor da falsificação de uma carta de condução emitida pela República de Cabo Verde deve entender-se que cometeu o crime de falsificação de documento do art. 256º, nºs 1, al. a) e 3 do C. Penal pois existe concurso aparente, pela regra da consumpção entre o crime de falsificação propriamente dito e o crime de uso de documento falso sempre que o utilizador é também o falsificador.
II – A circunstância de o arguido utilizar esse documento antes de 10.06.2007 data em entrou em vigor entre o Estado Português e a República de Cabo verde para o Reconhecimento de Títulos e Condução, não pode ser tida como juridicamente irrelevante em virtude de ele não poder provar, até então, a habilitação do portador para o exercício da condução em território nacional III – Na verdade aquele documento não serve apenas para validar a habilitação legal para conduzir. Tratando-se de um documento emitido pelas autoridades de um país soberano com a fotografia do titular e os seus elementos de identificação pode servir para o respectivo titular se identificar perante as autoridades, no caso, portuguesas. E mesmo no tocante à habilitação de conduzir é possível ser atendido para certos efeitos de direito.
IV – Tendo o arguido sido absolvido...
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