What happens if I don't know that my electric scooter can be considered

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If the person did not know that the electric scooter they have purchased is actually classifiable as a moped, in accordance with the regulations, a possible valid type error could be assessed in article 14.1 of the Penal Code. 1. Invincible error regarding a fact constituting the criminal offense excludes criminal liability. If the error, taking into account the circumstances of the event and the personal circumstances of the author, is overcome, the infraction will be punished, where appropriate, as reckless. Article 14.1 of the Criminal Code This was recently stated by the Second Chamber of the Supreme Court in its ruling no. June 23. The concurrence of a valid error would necessarily lead to acquittal for the crime of article 384 of the Penal Code , since this type of crime does not provide for a type .

Reckless commission. However, to check whether or not there is a type error, some elements will have to be assessed , for example: whether the vehicle's documentation expressly mentions its status as a moped or not, whether or not the documentation was available. of the vehicle (documentation is often not provided in cases of “second-hand” sales), or if the seller has provided misleading or erroneous information in this DM Databases regard. The corresponding test will have to be carried out to prove these circumstances. In the recent ruling of the Supreme Court, STS no. 851/2023, of November 22 , clarifies that the error that occurs when it is maintained that the need for a driver's license to drive a moped is unknown cannot be classified as a prohibition error , but as a type error . In other words, it is known to everyone that driving mopeds requires a permit or license. Therefore, a prohibition error cannot occur if it is stated that it was known that the vehicle was actually a moped but that the need for a license to drive it was unknown.



What is appropriate is that , in the event that it is unknown that the vehicle is actually a moped, a type error is alleged , relating to the technical conditions of the vehicle and its true nature. Only in this way will the criminal defense be effective. New regulations On January 13, 2022 , the Manual of characteristics of personal mobility vehicles came into force, under which it will be necessary for VMPs to have a circulation certificate that must be requested by the vehicle manufacturer . The certificate must guarantee compliance with the technical requirements required by regulations and identification. This certificate will be necessary from 2 years after the entry into force of the Manual (January 13, 2024). Vehicles marketed before the entry into force of this manual or during the established transitional period, may circulate for 5 years following said entry into force.