Judgment No. 37118 of 2024: The Competence of the Prefect in the Suspension of the Driving License for Driving Under the Influence
The judgment No. 37118 of July 4, 2024, by the Court of Cassation, filed on October 8, 2024, addresses a delicate and highly topical issue: the competence to order the suspension of the driving license in the event of a violation for driving under the influence, when the investigating judge orders the case to be archived due to the particular triviality of the act. The Court established that such a decree presents a structural abnormality, making it subject to appeal to the Cassation.
The Context of the Judgment
The case in question concerns the defendant L. F., who had been subjected to the sanction of the suspension of the license by the judge, despite the latter having decided to archive the criminal proceedings. The Court, in its ruling, clarified that, in such circumstances, accessory administrative penalties, such as the suspension of the driving license, must be imposed by the Prefect and not by the judge.
- Archiving for particular triviality of the act
- Exclusive competence of the Prefect for administrative penalties
- Structural abnormality of the judge's decree
The Maxim of the Judgment
Decree of archiving under Article 131-bis of the Penal Code for the violation of driving under the influence with which the suspension of the driving license is applied - Abnormality - Existence - Competence of the Prefect to impose the sanction - Existence - Reasons. It is affected by structural abnormality, and is therefore subject to appeal to the Cassation, the decree with which the investigating judge, in ordering the archiving for the particular triviality of the act in relation to the violation of driving under the influence, applies the administrative sanction of the suspension of the driving license. (In the reasoning, the Court added that, in such a case, accessory administrative penalties regain their autonomy and, therefore, must be applied by the Prefect).
Implications of the Judgment
This judgment not only clarifies the issue of competence in the suspension of the driving license but also raises important reflections on the rights of motorists and judicial practices. The Court's assertion that accessory administrative penalties should be managed by the Prefect sets a clear limit on the judge's intervention in administrative matters, particularly in situations where criminal liability is mitigated.
In a complex regulatory framework such as the Italian one, it is essential that decisions are well-defined and that the rights of citizens are protected. Judgment No. 37118 of 2024 represents a step forward towards greater clarity and consistency in the application of the law.
Conclusions
In conclusion, judgment No. 37118 of 2024 offers important insights into the distinction between the competencies of the judge and those of the Prefect regarding administrative sanctions. It is essential that legal practitioners and citizens are informed about these dynamics to ensure the correct application of the law. The Court of Cassation, with this ruling, calls for greater attention in the management of sanctions and their attribution, thus preserving the principle of legality and respect for individual rights.
