0
Off

EXAME DE PESQUISA DE ÁLCOOL NO SANGUE | TESTEMUNHA DE JEOVÁ | IMPERATIVO DE CONSCIÊNCIA RELIGIOSA | PROVA DE PERTENÇA À COMUNIDADE RELIGIOSA

 

Évora Court of Appeal, proc. 23/17.0GTPTG.E1, 12.07.2018

 

JURISDICTION: Criminal

SUBJECT: Crime of disobedience

RAPPORTEUR: Sérgio Corvacho

RULING: Dismisses the appeal, confirming the defendant’s conviction for the crime of disobedience in a 1200,00 € fine (120 days, at the daily rate of 10 €), besides the additional penalty of prohibition of driving motor vehicles for a period of four months.

DOMESTIC LAW:

Portuguese Constitution [Article 41(3)]

Criminal Code [Articles 40, 69(1), 71, 348(1)]

Code of Criminal Procedure [Articles 32(2), 119(e), 340]

Évora Court of Appeal, proc. 68/13.0GTSTR.E1, 21.10.2014

Évora Court of Appeal, proc. 127/16.7PAVNO.E1, 06.06.2016

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Blood alcohol test; Jehovah Witness; imperative of religious conscience; proof of membership in religious community; crime of disobedience; crimes of driving while intoxicated; traffic inspection; reasons of a religious nature; possible quality of believer; religious denomination; practicing Jehovah’s Witness; religious doctrine; strict pacifism; service in armed forces; blood transfusions; blood tests; lack of credibility of the defendant’s stance; way of referring to the religious community of which one claims to be a member; “Jehovah religion”; “Jehovahs’ Church”; excuse used by some drivers to avoid testing their blood alcohol levels; statements with no power of conviction; burden of proof; attest the quality of believer by members of the religious community; Jehovah's Witnesses’ pastors; co-religionists; mandatory military service; religious community or congregation; consequences in the secular world; establish the quality of believer; religion of Jehovah’s Witnesses; bloody part of the person; church; religion; member of the religious community named Jehovah’s Witnesses; alleged religious affiliation; status of conscientious objector; information on whether or not a given person belongs to a religious community or congregation; deficient internalisation of the rule of behaviour; Portuguese society; other countries

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.

 

Download the ruling.

 

 

 

 

Share this comment
Posted inBLOOD ALCOHOL TEST IMPERATIVE OF RELIGIOUS CONSCIENCE PROOF OF MEMBERSHIP IN RELIGIOUS COMMUNITY JEHOVAH’S WITNESSES
Tags“Jehovahs' Church” “Jehovah Religion” Blood Tests Attest the Quality of Believer by Members of the Religious Community Religious Community or Congregation Religious Confession Co-Religionists Crime of Disobedience Crimes of Driving While Intoxicated Statements With no Power of Conviction Deficient Internalisation of the Rule of Behaviour Establish the Quality of Believer Religious Doctrine Status of Conscientious Objector Possible Quality of Believer Blood Alcohol Test Excuse Used by Some Drivers to Avoid Testing Their Blood Alcohol Levels Lack of Credibility of the Defendant's Stance Traffic Inspection Church Imperative of Religious Conscience; Consequences in the Secular World Information on Whether or Not a Given Person Belongs to a Religious Community or Congregation Alleged Religious Affiliation Member of the Religious Community Named Jehovah's Witnesses Way of Referring to the Religious Community of Which One Claims to be a Member Reasons of a Religious Nature Burden of Proof Other Countries Strict Pacifism Bloody Part of the Person Jehovah's Witnesses' Pastors Proof of Membership in Religious Community Religion Religion of Jehovah's Witnesses Service in Armed Forces Mandatory Military Service Portuguese Society Jehovah Witness Practicing Jehovah's Witness Blood Transfusions