In Spain, driving without a license is considered a criminal offense. It is illegal for anyone to drive a vehicle without previously obtaining the corresponding driver’s license.
The Spanish Penal Code establishes that driving without a license is a crime punishable by imprisonment of 3 to 6 months or a fine of 12 to 24 months. It also contemplates the possibility of depriving the right to drive motor vehicles and mopeds for a specific period of time. This is established in article 384:
Anyone who drives a motor vehicle or moped in cases of loss of validity of the license due to total loss of legally assigned points will be punished with a prison sentence of three to six months or a fine of twelve to twenty-four months, or community service for thirty-one to ninety days.
The same penalty will be imposed on anyone who drives after having been provisionally or definitively deprived of their license by a judicial decision and on anyone who drives a motor vehicle or moped without ever having obtained a driver’s license.
However, it is important not to confuse not having obtained the driver’s license, commonly known as driving without a license, with the act of driving without physically carrying the obtained license, which would be a possible administrative infraction.
When facing a criminal proceeding related to traffic and driving offenses, it is important to be well advised and to fight against any errors that may occur in the conviction by the Courts.
Thus, in the recent judgment STS 473/2024 – ECLI:ES:TS:2024:473, the Supreme Court has accepted a review appeal against a criminal sentence that condemned a person for a crime against traffic safety for driving without a license, under article 384, second paragraph of the Penal Code.
In the appeal, the appellant argued: «The main issue now raised in the appeal is that the aforementioned sentence violates the established principle of legality prevailing in our legal system. This party considers that the ad quem court errs in making the legal qualification of my client’s conduct in the sentence now appealed, given that such conduct was not criminally typical, but rather constituted an administrative infraction, punishable according to the sanctioning procedure of Public Administrations.»
The Supreme Court, having submitted the driver’s license, albeit after the processing of the criminal proceeding, accepts the review appeal and acquits the convicted person, as if the driver’s license had been submitted in the criminal proceeding, he would have been acquitted.
Note that it is difficult for these types of appeals to succeed as they contradict the principles of legality and legal certainty, due to the passage of time, in addition to being quite technical at a legal level.
At Roji Abogados, we have been defending the interests of those who must face a criminal proceeding for alleged offenses against traffic and road safety for over 25 years. Our team of lawyers is available to provide you with information about our fees and our way of working. Schedule an appointment or inquire at 952 211 011, 607 202 361, or info@rojiabogados.com.
You can also send a message to Roji Abogados via WhatsApp: https://wa.me/34607202361
