On Innovations in Legislation on Criminal Liability for Driving a Vehicle by a Person Without a Driving License

A number of changes provided for by the Law of the Republic of Belarus dated 26.05.2021 No. 112-Z affected drivers. Thus, for the first time, Article 317-2 ("Driving a vehicle by a person without a driving license") appeared in the Criminal Code of the Republic of Belarus. If earlier driving vehicles "without a license" entailed administrative liability, now it also involves criminal liability. The changes came into force on 19.06.2021.

Today, driving without a license is recognized as a crime if it was committed repeatedly (Part 1 of Article 317-2 of the Criminal Code of the Republic of Belarus). At the same time, the responsibility is increased if the same act is committed by a person who has previously committed this crime (Part 2 of Article 317-2 of the Criminal Code of the Republic of Belarus).

In the note to Article 317-2 of the Criminal Code of the Republic of Belarus, the legislator explains that an act is recognized as repeated if it was committed by a person who has already been subjected to an administrative penalty for driving without a license, provided for in Part 2 of Article 18.14 of the Code of Administrative Offenses of the Republic of Belarus, within a year.

For reference: despite the fact that the changes came into force recently, the Beshenkovichi District Court has already considered 2 criminal cases under Part 1 of Article 317-2 of the Criminal Code of the Republic of Belarus to date.

If we talk about the punishment for committing this crime, then according to the sanction of Part 1 of Article 317-2 of the Criminal Code of the Republic of Belarus, it is imposed in the form of public works, or a fine, or correctional labor for a period of up to six months, or arrest with deprivation of the right to hold certain positions or engage in certain activities or without deprivation.

In case of repeated commission of the specified crime (within the period of criminal record under Part 1 of Article 317-2 of the Criminal Code of the Republic of Belarus), then according to the sanction of Part 2 of Article 317-2 of the Criminal Code of the Republic of Belarus, the punishment follows in the form of a fine, or correctional labor for a period of up to two years, or arrest, or restriction of freedom for a period of up to two years with deprivation of the right to hold certain positions or engage in certain activities.

Acting Prosecutor

of Beshenkovichi District

1st Class Lawyer V.V. Doylidov