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 insights on the topic of driving without a license, particularly when an aggravated case of recidivism occurs within two years. This specific case, which involved the defendant M. R., confirmed some key principles regarding the regulation of penalties in the context of road traffic.

Regulatory and Jurisprudential Context

Article 116, paragraph 15, of the Highway Code establishes penalties for those who drive without a license, with particular regard to repeat offenders. The judgment in question highlighted how Legislative Decree no. 8 of 2016 decriminalized the non-aggravated case, but had no impact on the penalty treatment for the aggravated case. In this case, it is evident that the aggravated scenario of recidivism has been transformed into an autonomous crime, with joint penalties, both custodial and monetary. This means that, in the presence of recidivism, the legislator decided to maintain a strict penalty regime.

Implications of the Judgment

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

  • Recidivism within two years transforms the aggravated case into an autonomous crime.
  • The penalty treatment remains severe, providing for a joint penalty.
  • Legislative Decree no. 8 of 2016 has decriminalized only the non-aggravated case, maintaining rigidity for the aggravated case.
Aggravated case due to recidivism within two years - Transformation into an autonomous crime due to Legislative Decree no. 8 of 2016 - Consequences on penalty treatment - Applicability of only custodial penalties - Exclusion - Reasons. Regarding driving without a license, the aggravated case by recidivism within two years, referred to in art. 116, paragraph 15, of Legislative Decree of April 30, 1992, no. 285, has been transformed into an autonomous crime due to the penalty treatment provided for it, characterized by a joint, custodial and monetary penalty, so that the provision of art. 1, paragraph 1, of Legislative Decree of January 15, 2016, no. 8, which has decriminalized the non-aggravated case, cannot be recognized as having a modifying effect on the type of penalty imposed for the aggravated case, by replacing the sole custodial penalty with the joint one.

Conclusions

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

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