11 / 36
IMPACT OF STATUTES OF LIMITATIONS IN CORRUPTION CASES AFFECTING EU FINANCIAL INTERESTS |
PAG.11
3.1
RULES THAT ESTABLISH
THE LENGTH OF SOL
The countries considered in this study have SOL
which run from the commitment of the crime
until the final Court decision (a decision that in-
cludes all the appellate degrees). Some countries
have long terms, others provide for an extensive
list of causes of suspension and interruption
17
,
others struggle to complete the judicial procee-
dings before the expiry of the limitation period.
Italy is currently reviewing its law on SOL; the
proposed bill of law introduces a different fra-
mework made of three different co-existing ter-
ms for the same proceedings. The absolute SOL
will run until the end of the first-instance trial,
with two further suspensions of the limitation
period for the appeal (one and half years) and
the third instance case (one and half years) befo-
re the Italian Supreme Court.
In most of the countries considered in this rese-
arch, SOL are based on the maximum sanction
provided for the relevant crime. Greece repre-
sents an exception where there are three (plus
one) categories of SOL which are based on the
legal classification of the crime
18
: petty offences
(two years), misdemeanours (five years), felonies
(fifteen years) and felonies sanctioned with life
imprisonment (twenty years)
19
.
In accordance with most of the legal systems
worldwide, all but one of the countries included
in this report provide for classes of SOL, with cri-
mes falling within their relevant class based on
their seriousness.
3
CALCULATION
OF SOL
CLASSES OF SOL IN PORTUGAL
SANCTION
(YEARS OF IMPRISONMENT)
SOL (years)
More than 10 years
15
More than 5 years
10
More than 1 year
5
All remaining crimes
2
15
We can only hope that the collection of statistics will improve and we consider 2014 and 2015 data as more reliable
16
Specific data on the investigations closed because of SOL were provided only by the District Prosecutor’s Office in Lisbon
17
Spain, for example, where SOL are interrupted when the investigation begins and during the entire judicial process
18
According to article 111 of the Criminal Code.
19
Some exceptions to this general classification are stated in the law
CLASSES OF SOL IN BULGARIA
SANCTION
relative SOL
(years)
More than 10 years
15
More than 5 years
10
More than 1 year
5
All remaining crimes
3
CLASSES OF SOL IN GREECE
SANCTION
relative SOL
(years)
Life imprisonment (felonies)
20
More than 5 years and up to 20
years (felonies, incarceration)
15
More than 10 days and up to 5
years (misdemeanours, imprison-
ment; also pecuniary penalty over
EUR 150 to EUR 15,000)
5
More than 1 day – up to 1 month
(petty offenses, jailing; fine over
EUR 29 to EUR 590)
2