License withdrawal in criminal cases

When a driver commits a criminal offense under the Highway Code that предусматривает suspension or revocation of the license, the license is immediately withdrawn by the police officers who detect the violation. This happens right away as a preventive measure, without waiting for a court decision.

The license is then sent to the competent prefecture within ten days along with the report. The prefect may order a provisional suspension of the license for up to two years.

In more serious cases, such as accidents involving serious injuries or road homicide, the provisional suspension can be longer. It may reach up to three years, or up to five years when there is clear evidence of responsibility. If a conviction is issued, even if not final, the suspension may be extended up to ten years.

This suspension is temporary and aims to prevent the driver from continuing to drive while the legal proceedings are ongoing.

If the driver holds a foreign license, it is not physically withdrawn, but the person is banned from driving in Italy for the same period.

Once the court decision becomes final, the judge informs the prefect, who applies the final measures.

It is possible to appeal against the provisional suspension according to legal procedures.

❓ Frequently asked questions

What is license withdrawal in criminal cases?

License withdrawal in criminal cases is regulated by Art. 223 of the Italian Road Code, within the chapter "VI. Offences and Sanctions". You'll find the complete explanation above with all the essential details to pass the Italian driving theory exam.

In which chapter of the Italian Road Code is Art. 223?

Art. 223 of the Italian Road Code is in the chapter VI. Offences and Sanctions. You can read the original article on the official ACI portal at this link.

Is this topic important for the Italian driving licence exam?

Yes, all articles of the Italian Road Code may be subject to questions in the theory exam. To practice with real quiz questions on this topic, access our platform with 7,000+ official questions.