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Defence for driving without a licence
Distinguishing the status of the permit changes the analysis.
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One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2017
The plenary court allowed the prosecution appeal against an acquittal. Driving without ever having obtained a licence did not require proof of an additional manoeuvre creating a specific danger.
The abstract risk from the criminal type is distinguished from the accreditation of a specific reckless driving.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
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Distinguishing the status of the permit changes the analysis.
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