Driving without a license and the minor nature of the offense: commentary on judgment no. 28657 of 2024

The recent judgment no. 28657 of July 5, 2024, filed on July 17, 2024, has sparked a wide debate among jurists and legal professionals regarding the punishability of the offense of driving without a license. Let's analyze the content of this important decision together.

The regulatory context

Article 116 of the Highway Code governs various aspects related to driving without a license, establishing the conditions under which such conduct can be sanctioned. In particular, paragraph 15 provides that driving without a license is criminally relevant only in case of recidivism within a two-year period. This legal provision is central to understanding the reasons that led the Court of Cassation to exclude the applicability of the ground for non-punishability due to the minor nature of the offense.

The ruling's headnote

Ground for non-punishability due to the minor nature of the offense - Applicability to the offense of driving without a license - Exclusion - Reasons. The ground 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 prescribed requirement of non-habitual behavior, given that the conduct is criminally relevant, pursuant to art. 116, paragraph 15, Highway Code, only in case of recidivism within a two-year period.

This headnote highlights a fundamental principle: the minor nature of the offense, which can exclude punishability, does not apply if the defendant has already engaged in similar behavior in the past. In other words, someone driving without a license cannot invoke the ground for non-punishability if they cannot prove that such behavior is not habitual.

Practical implications of the decision

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

• Recidivism within a two-year period is a key element for assessing punishability.
• Non-habitual behavior is essential to be able to invoke the ground for non-punishability.
• Penalties for driving without a license can be more severe in case of recidivism, increasing the risk of serious legal consequences.

In summary, the Court of Cassation has 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 correct application of the rules and to deterring irresponsible behavior 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. Jurisprudence is moving towards greater severity towards those who repeatedly commit offenses, emphasizing the need to ensure road safety and reduce illicit behavior. Legal professionals must take these indications into account to provide adequate advice to their clients.