Vehicle Theft & Unauthorized Use: Legal Aspects & Penalties
Vehicle Theft and Unauthorized Use (Art. 244 CP)
Protecting the Right to Use vs. Possession
A key issue is determining the protected legal interest: the right to use or ownership/possession.
- Right to Use: If the focus is on the owner’s right to use, the offense can be committed by anyone exceeding authorized use (e.g., a mechanic using a car for personal errands).
- Possession: If possession is protected, the offense applies only to those unauthorized to use the vehicle.
Current law aligns with robbery and theft, focusing on possession and indirectly on property. Thus, only someone not in rightful possession can commit this offense.
Objective Element
The objective element focuses on “whoever steals or uses without authorization.” It doesn’t matter if the vehicle was taken by the driver or a third party; both can be active subjects.
Subjective Element
The subjective element is “no intention of appropriation.” This negative configuration means the absence of intent to steal. For example, stealing a car and storing it without use still constitutes the offense. Stripping the owner of possession, regardless of usage, also commits the offense.
Qualified Type (Art. 244.2 CP)
If force is used against the vehicle itself (e.g., using a false key or hotwiring), the penalty is increased. “Force against things” is clarified in Article 238.4 CP.
48-Hour Rule (Art. 244.1 CP)
If a vehicle worth over €400 is stolen or used without authorization but returned within 48 hours, the penalties differ. This distinction reflects a criminal policy assumption: non-return within 48 hours suggests intent to appropriate rather than simply use. Direct restitution involves returning the vehicle personally to the owner. Indirect restitution includes other methods like leaving it in an easily discoverable location or reporting it to the police.
Spontaneous repentance (e.g., returning the vehicle or contacting the owner within 48 hours) may lead to exemption.
Violence or Intimidation (Art. 244.4 CP)
If violence or intimidation is used against people, the penalties of Article 242 (robbery with violence or intimidation) apply.
Driving Offenses
Driving Under the Influence (Art. 379 CP)
Driving under the influence of alcohol or drugs is a continuous offense, lasting for the duration of impaired driving.
Reckless Driving (Art. 381 CP)
Reckless driving involves total disregard for traffic rules, creating clear danger to others. The judge determines the degree of danger based on the circumstances. The offense requires willful conduct; the driver must be aware of their dangerous actions.
Reckless Driving with Disregard for Life (Art. 384 CP)
This “suicide pilot” offense involves conscious disregard for the lives of others. If death or injury results, attempted homicide or homicide charges apply (Art. 383 CP), potentially absorbing the reckless driving charge but retaining non-custodial penalties.
Creating Grave Risk to Traffic Safety (Art. 382 CP)
This offense involves actions like placing obstacles on roads, damaging signs, or failing to restore road safety.
Comiso (Art. 385)
The vehicle used in these offenses can be seized as an instrument of the crime.
Refusal to Submit to Sobriety Tests (Art. 380 CP)
Refusing a legally required sobriety test is considered gross disobedience.