Facts
The judgment concerns the case of [A.], who was convicted in 2008 by the Criminal Assizes Court of Lugano for offenses such as aggravated theft, aggravated receiving of stolen goods, damage, trespassing, and violation of the Weapons Act. The Court had sentenced him to a custodial sentence and had ordered, in application of Art. 67b CC, the revocation of his driving license for two years.
In 2010, [A.] was stopped by border guards while driving a motorcycle despite the revocation of his license. The Public Prosecutor therefore accused him of driving without a license or despite the revocation, under the former Art. 95 no. 2 RTC.
The Criminal Court Judge and subsequently the Court of Appeal and Criminal Review Court confirmed A.'s guilt for the offense charged.
Considerations
The Federal Tribunal dismissed A.'s appeal against the judgment of the Cantonal Court.
The Tribunal held that the former Art. 95 no. 2 RTC (corresponding to the current Art. 95 para. 1 let. b RTC) punished driving despite the revocation of the license, regardless of the reason for the revocation. Therefore, even a driver affected by a driving ban under Art. 67b CC can be guilty of the offense provided for in this provision.
The fact that the revocation of the license under Art. 67b CC aims to prevent the commission of further offenses, rather than…