DRIVING A VEHICLE WHILE INTOXICATED | ORTHODOX CHRISTIAN | DEFENDANT’S RELIGION | EVIDENCE
Évora Court of Appeal, proc. 357/11.8GBTVR.E1, 17.01.2012
JURISDICTION: Criminal
SUBJECT: Criminal offence of driving a vehicle while intoxicated
RAPPORTEUR: João Gomes de Sousa
RULING: Dismisses the appeal, confirming the defendant’s conviction for the crime of driving a vehicle while intoxicated in a 800.00 € fine (100 days, at the daily rate of 8.00 €), corresponding to a subsidiary penalty of 66 days imprisonment, besides the additional penalty of prohibition of driving motor vehicles for a period of five months.
DOMESTIC LAW:
Criminal Code [Articles 40(1), 47, 69(1), 71, 292]
Code of Criminal Procedure [Articles 364(2), 410, 412, 417(2), 426(1), 431(b)]
Supreme Court of Justice, proc. 06P4101, 01.11.2007
Supreme Court of Justice, precedent No. 5/99, 20.07.1999
Constitutional Court, judgment 259/2002, 18.06.2002
Constitutional Court, judgment 140/2004, 10.03.2004
INTERNATIONAL LAW: n.a.
FOREIGN LAW:
German Criminal Code
KEYWORDS: Driving a vehicle while intoxicated; Orthodox Christian; defendant’s religion; evidence; traffic accident; blood alcohol test; practice as attorney; unexpected behaviour from a person with a law degree; burden of specified allegations; in dubio pro reo; contradictions and inconsistencies in the witness' statements; religion, however respectable, is not evidence; rules of common experience; text book classic of judicial praxis; contradictions in the defendant’s statements; defendant’s level of education; free assessment of the evidence; witness testimony; presumption of innocence; right of appeal; defendant’s personality; human dignity of the convicted; behaviour after the fact; defendant’s economic situation; German legislation and literature; real sacrifice; proportionality principle; evade the scene; staged excuse
COMMENTS: Coming soon.
REFERENCES IN THE LITERATURE: n.a.
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