Driving Without a Licence and Recidivism: The Definitive Assessment According to the Court of Cassation (Judgment no. 8871/2025)

The issue of driving without a licence is a recurring theme in the Italian legal landscape, often subject to debates and jurisprudential clarifications. Although the offence was decriminalised in 2016, its repetition can still lead to significant criminal consequences. It is precisely on this delicate boundary that the recent and relevant ruling of the Court of Cassation, Fourth Criminal Section, with judgment no. 8871 of 28 January 2025 (filed on 4 March 2025), intervenes, providing a fundamental interpretation of the requirements for the integration of recidivism within a two-year period.

Decriminalisation and the Return to Criminal Law: A Precarious Balance

Legislative Decree 5 January 2016, no. 8, marked an important turning point for many criminal offences, transforming them into administrative infringements. Among these was driving without a licence, provided for by Article 116, paragraphs 15 and 17, of the Highway Code. This means that, as a rule, those caught driving without the proper licence are no longer committing a crime, but an administrative pecuniary sanction. However, the same legislation provided for a crucial exception: if the offence is repeated within a two-year period, it regains its criminal nature. But what exactly is meant by "repetition" in this context? The Court of Cassation's judgment no. 8871/2025, concerning the case of Mr. F. A., summoned to answer for the offence, offers a clear and definitive answer.

The Ruling of the Court of Cassation: When Recidivism is Truly Recidivism

The core of the issue lies in the need to distinguish between a simple notification of an administrative offence and its actual "definitive assessment". The Supreme Court, presided over by Judge E. Di Salvo and with Judge A. L. A. Ricci as rapporteur, quashed and remanded the judgment of the Court of Appeal of Catanzaro of 5 April 2024, precisely to clarify this point. The ruling's headnote is illuminating:

In matters of driving without a licence, for the integration of recidivism within a two-year period, capable of excluding the offence from the scope of decriminalisation pursuant to art. 5 of Legislative Decree 5 January 2016, no. 8, the mere notification of the decriminalised offence is not sufficient; its definitive assessment is necessary. (In the grounds, the Court specified that, for the purpose of proving the definitiveness of the assessment, the acquisition of an element demonstrating this is sufficient, accompanied by the applicant's failure to allege that they appealed, or requested remission, against the administrative sanction).

This principle is of fundamental importance. The Court of Cassation emphasises that the mere "notification" of the administrative offence, i.e., the fact that a fine or a report has been issued, is not sufficient to trigger recidivism that converts the offence back into a crime. What is needed is a "definitive assessment" of the previous violation. This means that the administrative proceedings relating to the first violation must be irrevocably concluded, without the possibility of further challenges or appeals. In other words, the violation must have been definitively ascertained, for example, because the sanction was paid, not appealed within the time limits, or confirmed in administrative judicial proceedings.

The Court further clarifies that, to prove the definitiveness of the assessment, it is sufficient to produce an element attesting to it, unless the applicant proves that they appealed the sanction or requested remission. This shifts the burden of proof and offers important protection to the defendant.

Practical Implications and Citizen Protection

This ruling has significant implications for both legal professionals and citizens. Firstly, it strengthens the principle of legality and legal certainty, preventing individuals from being criminally prosecuted based on an administrative assessment that is not yet final. For an administrative offence, definitiveness is reached when:

• The deadline for appealing the administrative sanction has expired.
• Any appeal filed has been rejected by a final decision.
• The administrative sanction has been paid (remission).

The judgment of the Court of Cassation no. 8871/2025 aligns with previous consistent rulings (such as no. 27398 of 2018 and no. 6163 of 2018), consolidating a jurisprudential trend aimed at ensuring that the transition from an administrative offence to a crime occurs only in the presence of rigorous and unambiguous conditions. This is essential for protecting individual rights and ensuring that criminal sanctions, which are more severe, are applied only when strictly necessary and in accordance with the principles of guarantee.

Conclusions

Judgment no. 8871/2025 of the Court of Cassation represents a firm point in the complex matter of driving without a licence and its decriminalisation. By reiterating the need for a "definitive assessment" of the previous administrative violation for the integration of recidivism, the Supreme Court has provided clear guidance that protects citizens from possible expansive interpretations and ensures greater legal certainty. For those facing a charge of driving without a licence, it is essential to verify the status of the previous administrative sanction and, in case of doubt, to seek advice from experienced legal professionals for a correct assessment of their position and for the best defence strategy.