In the judgment of The Supreme Court 3041/2017 dated 20 July 2017,the application of a crime against road safety for lack of a driving licence is discussed. In this article we will clarify if it is crime to drive without a license.
“…On the proven facts, it is noted that Mr. Prudencio drove a moped without having a driver’s license. At first instance, an absolute judgment was delivered. It was understood that there was no higher risk plus than merely the abstract and which would serve as a justification for criminal reproach. It is understood that the act should only be sanctioned by administrative means. The judgment was appealed to the public prosecutor’s office. It resulted in the confirmation of the judgment in the first instance…”
IN VIEW OF THESE FACTS, THE REPRESENTATIVE OF THE PUBLIC PROSECUTOR’S OFFICE RETURNS TO APPEAL.
This time to the Supreme Court, under Section 849 of the Criminal Procedure Act for not applying article 384.2 of the Penal Code. It is the item that imposes penalties on those who drive without ever having obtained the relevant driver’s license.
The Supreme Court, alluding to the judgment of the same court 369/2017 of 22 May. It reasoned that the requirement of a specific hazard to road safety is not observed, the type being the fact of driving a vehicle without its corresponding administrative permit. This is the risk, since the physical and psychic capacities of the driver have not been established, the reduction of which is intended by that rule.
Therefore, the crime occurs when driving without permission or leave even if no infringement or reckless conduct has been committed. And the accused is sentenced as the perpetrator of a road safety offence under article 384.3 of the Penal Code to a fine of 12 months with a daily fee of 6 euros. With subsidiary criminal liability in case of non-payment of article 53.1 of the Penal Code.
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