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.

 

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