Guide without a licence and the minor nature of the offence: commentary on judgment no. 28657 of 2024

The recent judgment no. 28657 of 5 July 2024, filed on 17 July 2024, has sparked widespread debate among jurists and legal professionals regarding the punishability of the offence of driving without a licence. Let us analyse the content of this important decision together.

The regulatory context

Article 116 of the Highway Code governs various aspects related to driving without a licence, establishing the conditions under which such conduct can be penalised. In particular, paragraph 15 stipulates that driving without a licence is only criminally relevant in cases 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 offence.

The ruling's headnote

Ground for non-punishability due to the minor nature of the offence - Applicability to the offence of driving without a licence - Exclusion - Reasons. The ground for exclusion of punishability due to the minor nature of the offence is not applicable to the offence of driving without a licence, as it lacks the prescribed requirement of non-habitual behaviour, given that the conduct is criminally relevant, pursuant to art. 116, paragraph 15, Highway Code, only in cases of recidivism within a two-year period.

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

Practical implications of the decision

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

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

In summary, the Court of Cassation has reiterated that driving without a licence cannot be considered a minor offence 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 behaviour on the road.

Conclusions

In conclusion, judgment no. 28657 of 2024 represents an important step forward in defining the limits of punishability for the offence of driving without a licence. Jurisprudence is moving towards greater severity towards those who repeatedly commit infractions, emphasising the need to ensure road safety and reduce illicit behaviour. Legal professionals must take these indications into account to provide adequate advice to their clients.