Is no MOT a criminal Offence?

Is no MOT a criminal Offence?

Putting the ITV sticker on a car that does not have an ITV sticker.

This assertion is supported by a recent court ruling issued by the 33rd Contentious-Administrative Court of Madrid, which -in response to an appeal filed by AEA lawyers- has annulled a fine of 200 euros imposed for failing to pass the ITV on a vehicle that was parked, considering that “the offence to be sanctioned is constituted by the fact of driving, not by the failure to submit the vehicle to the ITV on a regular basis”.

Given that infringements relating to the technical conditions of vehicles and compulsory insurance are excluded from municipal jurisdiction, the penalty was imposed by the Provincial Traffic Chief of Madrid after rejecting the arguments put forward by the interested party, who decided to put the matter in the hands of AEA’s lawyers to file the corresponding legal appeal.

AEA emphasizes that this judicial resolution constitutes an important legal precedent and will allow to clearly determine which facts may or may not be sanctioned in relation to the technical inspection of vehicles.

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The Supreme Court has established that it is a crime to put on a car a sticker of the Technical Inspection of Vehicles (ITV), if it has not been passed, thus confirming a fine of 720 euros imposed on an owner of a car.

The convicted person appealed to the Supreme Court defending the atypical nature of his conduct, considering that the improperly affixed sticker was neither an official document nor a certification justifying the penalty.

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The sentence of the High Court ruled that the ITV sticker can be considered an official document or certification for the purposes of the offenses of forgery described in articles 390 and following of the Penal Code, so that the use of a genuine sticker but on a vehicle that did not pass the inspection may constitute the offense of article 400 bis of the Penal Code.

PNC Director: “I will accompany this whole judicial process.

The Supreme Court has ruled that carrying the ITV sticker without having passed the tests is a crime of use of false certification, regulated by Article 399.2 of the Penal Code, in relation to Article 400 bis. We tell you about this sentence dictated from a case of a Cadiz citizen.

The agents verified that, despite the fact that the car had the ITV expired since May 5, 2016, it had on the front window the distinctive V-19 (ITV sticker) with validity date September 2019.

This Court referred the proceedings to the Criminal Court No. 2 of Jerez de la Frontera who held the Speedy Trial 334/2018, on October 11, 2018 ruling as judgment No. 385/2018 as follows:

That I must CONDEMN AND CONVICT D. Faustino as criminally responsible author of a crime of use of false certificate of article 399.2 CP in relation to art. 400 bis CP, without modifying circumstances of criminal liability,

This sentence declared as proven that the accused and owner of the vehicle, with a false purpose and in order not to be sanctioned for having the ITV expired, had proceeded to paste on the car the sticker V-19, without being the one corresponding to his vehicle.

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The Supreme Court has ruled that putting the sticker of the Technical Inspection of Vehicles (ITV) on a car that has not passed it is considered a crime of using false certification. In this way, the high court has resolved an issue that had had contradictory rulings in different provincial courts.

In the same sense, a sentence of the Court of Asturias, which considered that the sticker of the ITV was an official document, and another one of Las Palmas, which understood that it was a certificate, concluded in the same sense. In both cases it was established that its use by someone who was not authorized to do so was a crime of false certification.

On the contrary, the Barcelona Court held that the ITV sticker is merely a distinctive instrument or mark facilitating police control, so that the use of legitimate stickers by someone who is not authorized to do so is not included in the concept of document, dispatch or certification referred to in article 400 bis of the Penal Code. The Barcelona Court concluded that only the card had the character of an official document, but not its distinctive feature, so it believed that its placement was punishable by administrative and not criminal law.

Is no MOT a criminal Offence?
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