Post by muntahaislam222 on Feb 27, 2024 23:07:37 GMT -7
Remove vehicle license plate I have received questions from several people about the word “ suppress ” which appears in the criminal code, especially in relation to identification plates: “Tampering with, remarking or suppressing chassis number, monoblock, engine, identification plate, or any identifying sign of a motor vehicle, electric, hybrid, trailer, semi-trailer or combinations thereof, as well as its components or equipment, without authorization of the competent body”. The question is whether the ABSENCE of an identification plate characterizes (or not) the crime under article 311. [ Click HERE and watch the video where we explain, with examples, about driving a vehicle without license plates] Initially, it is important to clarify that the original Bill (PL no. 5,385/19) did NOT contain the word “suppress”, but only the two previous verbs (“adulterate or reschedule”), and the wording was modified during processing. legislative, in the Report of the Rapporteur, with the aim of expanding the various possibilities of fraud in vehicle identification.
Should be noted that the main purpose of changing this article (including the justification for the PL), was to remove the word “motor vehicle” from the classification of the crime, in order to expand its classification also when dealing with other vehicles, in especially trailers and semi-trailers, considering that, due to the wording in force at the time (“motor vehicle”), the Judiciary had taken a position not to characterize as criminal conduct the modification of the identification Europe Mobile Number List element of a semi-trailer, for example. [Continues after ad] What Law 14,562 really wants In this sense, below is an excerpt from the justification for PL n. 5,385/19: “The non-classification of this crime recently led to a decision by the STJ that blocked criminal proceedings filed against two individuals accused of tampering with a refrigerated trailer sign. According to the rapporteur of the Habeas Corpus Appeal, Minister Laurita leaks: “[…] therefore, it appears that the conduct attributed to the appellants — tampering with a semi-trailer plate — is formally atypical, as it does not.
Comply with the provisions of article 311, caput, of the Penal Code, so that, in consideration of the principle of legality, it is strictly necessary to suspend criminal proceedings in relation to the crime under analysis”. The 6th Panel of the STJ accepted the defense's argument, according to which the law provides for criminal offenses only when any of the identifying signs of a motor vehicle have been tampered with and, in the case under analysis, the tampering was carried out on a semi-trailer, which would not fit the description of the criminal type.” This was, therefore, the “spirit of the legislator”: to also punish tampering with the identifying sign of trailers and semi-trailers . [Continues after ad] Conclusion The word “suppress” was only included to expand the possible forms of FRAUD IN VEHICLE IDENTIFICATION, which HAS NO RELATION to the mere ABSENCE of the identification plate, due to loss, theft or even voluntary removal, but without the intention of cause the vehicle to be identified as if it were another vehicle (in these cases, only the administrative sanction provided for the traffic violation in article 230, item I, of the Brazilian Traffic Code remains). Of course, in the LITERAL interpretation of the new device, people will emerge who will defend the thesis that the ABSENCE of the plate is also covered by the typification, but, in my opinion, such an understanding is devoid of REASONABILITY.