Driving a vehicle by a person not entitled to drive

In January 2023, the court of Miory District considered a criminal case on the accusation of a resident of Miory District for committing a crime provided for by Part 1 of Article 317-2 of the Criminal Code of the Republic of Belarus, that is, driving a vehicle by a person who does not have a driver's license, if this act is committed repeatedly.

It was established that the accused, in October 2021 and February 2022, drove a car belonging to his cohabitant without having a driver's license, for which he was brought to justice under Part 1 of Article 18.14 of the Code of Administrative Offenses and Part 2 of Article 18.14 of the Code of Administrative Offenses of the Republic of Belarus, respectively. However, despite being brought to administrative responsibility, in October 2022, he again got behind the wheel of the aforementioned car without having a driver's license.

In the court session, the accused fully admitted his guilt and repented of his actions.

Taking into account the nature and severity of the committed crime, the personality of the accused, the presence of mitigating circumstances, and the absence of aggravating circumstances, he was sentenced to 240 hours of community service.

The sentence, not having been appealed or protested, entered into legal force.

It should be noted that criminal liability for repeated driving of a vehicle by a person who does not have a driver's license was introduced in June 2021. Article 317-2 of the Criminal Code "Driving a vehicle by a person who does not have a driver's license" provides for liability for repeated driving of a vehicle by a person who does not have a driver's license. The act is considered committed repeatedly if a person, within one year after the imposition of an administrative penalty for driving a vehicle by a person who does not have a driver's license, provided for by Part 2 of Article 18.14 of the Code of Administrative Offenses of the Republic of Belarus, again drove a vehicle without having a driver's license.

For committing this offense, punishment is provided in the form of community service, a fine, correctional labor, arrest with the deprivation of the right to engage in activities related to driving vehicles. Subsequent driving of a vehicle without a license during the period of criminal record will entail liability under Part 2 of Article 317-2 of the Criminal Code of the Republic of Belarus, the maximum penalty in this case is up to two years of restriction of liberty with the deprivation of the right to engage in activities related to driving vehicles.