Driving with a revoked license is not a crime. This is what the Constitutional Court ruled with Sentence number 116 of 2 July 2024. However, the (heavy) penalty established by the Highway Code remains in force.
The new ruling of the Constitutional Court declares that driving with a revoked license is not a crime
The Constitutional Court has issued a ruling – number 116 of 2 July 2024 – according to which it is possible to drive with a revoked license as it does not constitute a crime.. He also declared theunconstitutionality of art. 73 of the anti-mafia code, which states that it is a crime for a person who:
“subjected to a personal preventive measure with a definitive provision, but without his authorisation having been revoked for this reason driving license driving, starts driving a vehicle after his/her driving licence has been revoked or suspended due to previous violations of provisions of the Highway Code”
This decision came immediately after the court of Nuoro brought into play, within the scope of a trial, a specific case against a person. The latter was in fact accused of having driven without being in possession of the driving license as revoked. In short, she had previously been suspended for driving under the influence of alcohol.
Following this new ruling issued a few days ago, there will be some changes. Specifically, although driving with the driving license revoked it will no longer be a crime, the administrative sanctions provided for by the Highway Code remain in forceand provide for fines ranging from 2,257 to 9,032 euros.
What does sentence 116 of 2 July 2024 say?
Sentence number 116 issued on July 2, 2024 stated the following words:
“The Constitutional Court (ruling no. 116) declared the illegitimacy constitutional of art. 73 of the anti-mafia code in the part in which it establishes as a crime the conduct of someone who, subjected to a personal preventive measure with definitive provision, but without his right being revoked for this reason driving license, he starts driving a vehicle after the qualification has been issued to him been revoked or suspended due to previous violations of provisions of the code of the road.
The Court of Nuoro raised the issue in the context of a trial established against a person who is the recipient, on a definitive basis, of the measure of prevention of simple oral warning (art. 3, paragraph 4, anti-mafia code) accused of the crime under art. 73 of the anti-mafia code, for having driven a car without driving license, as previously, suspended by prefectural order for driving in a state of drunkenness.
The Constitutional Court considered the objection to be well-founded in terms of alleged violation of art. 25 of the Constitution, stating that the contested provision, incriminating anyone who, subjected to a personal preventive measure with final measure, you drive without a license because it has been revoked or suspended, even in cases where the revocation or suspension of the driving licence results in not to the application of the preventive measure, but to the previous violation of provisions of the Highway Code (in this case, the one on the speed limits (the driver’s blood alcohol level), is not compatible with the principle of offensiveness after that, in general, the crime of driving without a license, or with a suspended or revoked license, is been decriminalized and transformed into an administrative offence.
The Court stressed that the provision of a criminal offence which has, as a prerequisite, a quality of the person that is not reflected in a greater dangerous or harmful conduct, gives rise to an inadmissible liability so-called author’s criminal offence. The ruling also highlighted that no justification, even under the profile of the principle of equality, can be ascribed to a sanctioning treatment more serious than that established by the legislator for all other subjects, for the where the same conduct is not considered a crime, but rather an illicit act administrative (except in the case of repeat offences within two years).
In conclusion, due to the reduction of the scope of the criminal offence, consequent to the declaration of illegitimacy, that is re-expanded provided for by the Highway Code (art. 116, paragraph 15) for driving without a license, or with a suspended or revoked license with the consequent application of the ordinary sanction administrative”.
What does the Highway Code provide?
Before the entry into force of sentence number 116, driving with a revoked license in Italy it was a serious crime. As regards the sanctions administrative measures – which as stated above remain in force – are the following:
- A fine ranging from 2,046 to 8,186 eurosThe exact amount is determined based on the type of vehicle driven and the driver’s previous violations.
- The vehicle it will come seized For 3 months.
- The The period of revocation of the license can vary from six months to two yearsdepending on the reason for the revocation.
L’ art. 219 of the Highway Coderegarding the revocation of the driving license Of guiderecites the following words:
“2. In the event that the revocation of the driving licence constitutes an accessory sanction, the body, office or command, which ascertains the existence of one of the conditions for which the law provides for it, within the following five days, notifies the prefect of the place where the violation was committed. The latter, after ascertaining the aforementioned conditions, issues the order of revocation and immediate delivery of the driving licence to the prefecture, also through the Police body responsible for its enforcement. The order is notified to the competent office of the Department for Land Transport.
3. The provision for revoking the driving licence provided for in this article as well as that provided for in art. 130, paragraph 1, in the event that there is a permanent loss of the prescribed mental and physical requirements, is a definitive act.
3-bis. The interested party may not obtain a new driving licence until at least two years have passed from the moment in which the provision referred to in paragraph 2 became definitive. PERIOD ABOLISHED BY LEGISLATIVE DECREE NO. 59 OF 18 APRIL 2011.
3-ter. When the revocation of the driving licence is ordered following the violations referred to in Articles 186, 186-bis and 187, it is not possible to obtain a new driving licence before three years from the date of ascertainment of the crime ((, without prejudice to the provisions of paragraphs 3-bis and 3-ter of Article 222)).
3-quater. The revocation of the driving licence of one of the drivers referred to in Article 186-bis, paragraph 1, letters b), c) and d), which follows the ascertainment of one of the crimes referred to in Articles 186, paragraph 2, letters b) and c), and 187, constitutes just cause for dismissal pursuant to Article 2119 of the Civil Code.”
The article License revoked, the Constitutional Court has affirmed that you can drive comes from newsauto.it.
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