Acórdão nº 06P1805 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 2006
Magistrado Responsável | JOÃO BERNARDO |
Data da Resolução | 05 de Julho de 2006 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam, em conferência, na Secção Criminal do Supremo Tribunal de Justiça: I - AA veio impugnar judicialmente a decisão administrativa que lhe aplicou uma coima.
O Sr. Juiz da Pequena Instância Criminal de Lisboa, para quem o processo foi remetido, julgou o tribunal territorialmente incompetente e competente o Tribunal Judicial de Ponte de Lima.
Neste, o Sr. Juiz designou dia para julgamento.
No dia aprazado, abriu a audiência e após promoção do Digno Magistrado do M.ºP.º, julgou o Tribunal de Ponte de Lima incompetente em razão do território e competente aquele de Lisboa.
Ambas as decisões transitaram em julgado e o M.mo Juiz de Ponte de Lima suscitou, junto deste Supremo Tribunal, a resolução do conflito negativo de competência.
II - Aqui foram ouvidos os Senhores juízes em conflito que mantiveram as anteriores posições, alegou a arguida que se pronunciou pela competência daquele tribunal de Lisboa e alegou a Ex.ma Magistrada do M.ºP.º. Entendeu que, tendo sido iniciada a audiência em Ponte de Lima, já não podia suscitar-se o conflito de competência, atento o que determina o art.º 32.º, n.º 2 b) do CPP.
III - A decisão a tomar assenta factualmente no referido em I, que "brevitatis causa" se dá por reproduzido.
IV - Cremos ter inteira razão a Senhora Procuradora-Geral Adjunta neste Tribunal.
A apontada alínea b) do n.º2 do art.º 32.º do CPP determina que a incompetência territorial só pode ser deduzida, pelo tribunal de julgamento, até ao início da audiência de julgamento.
O que seja "início da audiência de julgamento" pode ser controverso, mas no presente caso, essa...
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