Driving Without a License and the Minor Offense: Commentary on Judgment No. 28657 of 2024

The recent judgment No. 28657 of July 5, 2024, filed on July 17, 2024, has sparked extensive debate among legal scholars and practitioners regarding the issue of punishability for the offense of driving without a license. Let us analyze the content of this important decision together.

The Regulatory Context

Article 116 of the Highway Code regulates various aspects related to driving without a license, establishing the conditions under which such conduct can be sanctioned. In particular, paragraph 15 states that driving without a license is punishable only in cases of recidivism within two years. This legal provision is central to understanding the reasons that led the Court of Cassation to exclude the applicability of the cause for non-punishment due to the minor nature of the offense.

The Summary of the Judgment

Cause for non-punishment due to the minor nature of the offense - Applicability to the offense of driving without a license - Exclusion - Reasons. The cause for exclusion of punishability due to the minor nature of the offense is not applicable to the offense of driving without a license, as it lacks the required condition of non-habitual behavior, since the conduct is considered punishable, pursuant to Article 116, paragraph 15, of the Highway Code, only in cases of recidivism within two years.

This summary highlights a fundamental principle: the minor nature of the offense, which may exclude punishability, does not apply if the defendant has had similar behaviors in the past. In other words, those who drive without a license cannot invoke the cause for non-punishment if they cannot demonstrate that such behavior is not habitual.

Practical Implications of the Decision

The judgment offers important reflections regarding the consequences for drivers who find themselves facing charges of driving without a license. The practical implications can be summarized in the following points:

  • Recidivism within two years is a key element for assessing punishability.
  • The non-habitual nature of the behavior is essential to invoke the cause for non-punishment.
  • Sanctions for driving without a license can be more severe in cases of recidivism, increasing the risk of serious legal consequences.

In summary, the Court of Cassation reiterated that driving without a license cannot be considered a minor offense if it occurs in a context of recidivism. This legal clarity is fundamental to ensuring the proper application of the rules and to deter irresponsible behaviors on the road.

Conclusions

In conclusion, judgment No. 28657 of 2024 represents an important step forward in defining the limits of punishability for the offense of driving without a license. Case law is moving towards greater severity against those who repeatedly commit infractions, emphasizing the need to ensure road safety and reduce illegal behaviors. Legal practitioners must take these indications into account to provide adequate advice to their clients.

Bianucci Law Firm