標題: What are the criminal consequences of driving with a false license? [打印本頁] 作者: shetu24 時間: 2024-3-14 18:05 標題: What are the criminal consequences of driving with a false license?
Some people pay to obtain a fake driver's license , believing that driving with a falsified document can help them avoid a penalty, when in reality the opposite is true. Driving with a false license means committing two crimes: one, for driving without a license, and two, for falsifying a public document. Let's see what they consist of and what penalty the Penal Code contemplates for these events. We can help you At Dexia Abogados we are lawyers specializing in crimes against road safety . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US Is it a crime to drive with a false license? Yes, driving with a false license is a crime . The mere intentional obtaining of a false license constitutes a crime of falsification of a public document of article 392 of the Penal Code , and if one drives with it, it is normally because one does not have the legal license to do so, which would also commit the crime of driving without a license contemplated in articl .
What are the consequences of the crime of falsification of public documents? In accordance with article 392 of the Penal Code, the crime of falsifying documents is committed by an individual who performs some of the acts described in article 390.1, 2, and 3, including simulating a document in whole or in part, in a manner that induces mistake about its authenticity. The article specifies that it must be a public, official or commercial DM Databases document , such as the driver's license, so anyone who falsifies or simulates a driver's license, trying to pass it off as authentic, will be committing criminal conduct. But not only those who falsify it themselves, but also those who request its production, that is, those who buy it from a third party. The penalty for this crime is imprisonment of 6 months to 3 years and a fine of 6 to 12 months. What are the consequences of the crime of driving without a license? As we have seen, the simple act of falsifying a driving license, or obtaining it with the aim of pretending that it is authentic, already implies committing a crime, even if it is never used to drive.
If you also drive using it, you will be committing another crime. In accordance with article 384, a crime of driving without a license is committed by anyone who drives a motor vehicle or moped after having been provisionally or definitively deprived of the permit or license by a court decision and whoever drives it without ever having obtained a driving permit or license. . Any type of motor vehicle or moped is included in the article, unless a driver's license is not required to drive it . The penalty provided in this case may be: Prison from 3 to 6 months. Fine of 12 to 24 months. Work for the benefit of the community from 31 to 90 days. Jurisprudence does not punish driving without ever having obtained any type of license in the same way as driving with an inappropriate license , since, in this second case, it is understood that at least the rules are known and the driver has undergone some type of control and authorization. Article 385 ter qualifies the penalty by allowing the judge or court to reduce the prison sentence by one degree if the risk caused is not very serious and taking into account the rest of the circumstances.
