Commentary on Judgment No. 26285 of 2024: Driving Without a License and Recidivism

The recent judgment No. 26285 of June 4, 2024, issued by the Court of Cassation, offers important food for thought on the topic of driving without a license, particularly when an aggravated circumstance of recidivism within a two-year period occurs. This specific case, which involved the defendant M. R., confirmed some key principles regarding the regulation of sanctions in the context of road traffic.

Regulatory and Jurisprudential Context

Article 116, paragraph 15, of the Highway Code establishes the sanctions for those who drive without a license, with particular regard to recidivists. The judgment in question highlighted how Legislative Decree No. 8 of 2016 decriminalized the non-aggravated offense but had no impact on the sanctioning treatment for the aggravated offense. In this case, in fact, it is emphasized that the offense aggravated by recidivism has been transformed into an autonomous criminal offense, with combined sanctions, both custodial and pecuniary. This means that, in the presence of recidivism, the legislator has decided to maintain a strict sanctioning regime.

Implications of the Judgment

The judgment clarifies that, in case of recidivism, the custodial penalty alone cannot be applied. This aspect is fundamental, as it implies that the judge must consider both sanctions: the custodial and the pecuniary one. The legal consequences of this decision can be summarized in the following points:

• Recidivism within a two-year period transforms the aggravated offense into an autonomous criminal offense.
• The sanctioning treatment remains severe, providing for a combined penalty.
• Legislative Decree No. 8 of 2016 decriminalized only the non-aggravated offense, maintaining rigidity for the aggravated offense.

Aggravated offense due to recidivism within a two-year period - Transformation into an autonomous criminal offense due to Legislative Decree No. 8 of 2016 - Consequences on the sanctioning treatment - Applicability of the custodial penalty alone - Exclusion - Reasons. Regarding driving without a license, the offense aggravated by recidivism within a two-year period, referred to in art. 116, paragraph 15, of Legislative Decree of April 30, 1992, No. 285, has been transformed into an autonomous criminal offense due to the sanctioning treatment provided for it, characterized by a combined penalty, custodial and pecuniary, so that the provision of art. 1, paragraph 1, of Legislative Decree of January 15, 2016, No. 8, which decriminalized the non-aggravated offense, cannot also be recognized as having a modifying effect on the type of sanction imposed for the aggravated offense, by substituting the custodial penalty alone for the combined penalty.

Conclusions

In conclusion, judgment No. 26285 of 2024 underscores the importance of a rigorous approach in cases of driving without a license aggravated by recidivism. The distinction between aggravated and non-aggravated offenses is fundamental to understanding the current sanctioning system, which maintains a high degree of severity for behaviors that jeopardize road safety. It is crucial for drivers to be aware of the legal consequences of their actions, especially in cases of recidivism, to avoid incurring heavy sanctions and a possible worsening of their legal position.