Judgment No. 39711 of 2024: License Revocation and Conditional Suspension of Sentence

The recent judgment No. 39711 of May 30, 2024, issued by the Court of Cassation, has sparked significant debate regarding road traffic and criminal sanctions. In particular, the Court addressed the issue of mandatory driver's license revocation in relation to the conditional suspension of sentence for those driving under the influence of alcohol. This decision offers important insights into how Italian laws interact with constitutional principles.

Context of the Judgment

The case examined by the Court concerned the defendant P. F., accused of causing a road accident while driving with a blood alcohol level exceeding 1.5 grams per liter. The judge, while granting the conditional suspension of the sentence, found himself obliged to apply Article 186, paragraph 2-bis, of the Highway Code, which mandates the revocation of the driver's license in such circumstances.

In this context, a question of constitutional legitimacy was raised, asserting that the provision in question conflicted with Articles 3 and 117, paragraph 1, of the Constitution. However, the Court declared this question manifestly unfounded, confirming the applicability of license revocation even in cases of conditional suspension of sentence.

Significance of the Decision

Article 186, paragraph 2-bis, Highway Code - Mandatory revocation of driver's license - Enforceability of the accessory administrative sanction in case of conditional suspension of sentence - Existence - Question of constitutional legitimacy for conflict with Articles 3 and 117, paragraph 1, of the Constitution - Manifestly unfounded. The question of constitutional legitimacy, raised in relation to Articles 3 and 117, paragraph 1, of the Constitution, of Article 186, paragraph 2-bis, of Legislative Decree April 30, 1992, No. 285, is manifestly unfounded, in that, in the event of the granting of conditional suspension of sentence by the trial judge, the accessory administrative sanction of driver's license revocation, mandatorily imposed on those who have caused a road accident while driving with a blood alcohol level exceeding 1.5 grams per liter, is not included within the scope of application of the benefit, despite its conventionally penal nature.

The Court's decision represents an important confirmation of the strict approach taken towards driving under the influence of alcohol. License revocation, in this case, is viewed as a necessary safety measure that cannot be circumvented by granting the conditional suspension of sentence. This approach aims to ensure road safety and prevent dangerous behavior, emphasizing the importance of individual responsibility.

Conclusions

In conclusion, judgment No. 39711 of 2024 reiterates that license revocation has not only a punitive but also a preventive dimension. The Court clarified that, even in the presence of a conditional suspension of sentence, accessory administrative sanctions continue to produce their effects, contributing to maintaining vigilance against behaviors that can endanger the lives of others. This legal orientation is part of a broader context of protecting public safety, drawing attention to a matter of great social relevance.