12 / 36
In this case, it is Italy that represents an excep-
tion: until 2005 Italy had classes of SOL too, but
a major law review eliminated the classes and
created a different framework where each crime
has a different SOL based on the maximum san-
ction provided for the same crime.
The countries where classes are set by law often
provide for special cases and exceptions, like
Portugal where corruption-related crimes are
included in the top class with a fifteen-year SOL,
independently of the maximum imprisonment
sanction established for the crime.
Corruption-related crimes, because of their natu-
re, are often “victims” of the expiration of limitation
periods. Their hidden nature and their frequently
late discovery makes the SOL run for years before
investigations even start, thus limiting the chances
to complete criminal proceedings before the end
of the limitation period.
This is the case of Italy where cases of people con-
victed for corruption-related crimes are minimal
compared to the number of people subject to in-
vestigations or indicted for the same categories
of crimes. Italy is currently discussing a revision
of the law; the bill proposal, approved by the
House of Representatives and under examina-
tion by the Senate, includes a paragraph which
creates an exception for corruption crimes that
will have special, longer, SOL than those stated
by the general law. The experts interviewed as
well as local political parties do not agree on
these exceptional measures: everybody seems
to acknowledge the extraordinary state of im-
punity for those indicted for corruption, but an
exception that extends SOL - already considered
as very long - is not welcomed by most experts,
especially as a long-term resolution.
In Romania, Law n.78/2000 establishes that the
maximum imprisonment sanction must be in-
creased by a third or a half if a corruption-rela-
ted crime is committed by a high public official,
a prosecutor or a judge. However, the law states
that SOL are not affected by this review.
Experts from Romania, Bulgaria
21
, Spain and Gre-
ece agree that SOL for corruption crimes in their
countries are relevant under the general rule
framework. Some experts fromGreece point out
that to create special SOL regimes for specific cri-
mes, such as corruption-related offenses, would
be a source of perpetual debate as to which crime
should be identified as worthy of bypassing the
general rule.
As said above, Portugal has decided otherwise.
Lawmakers have created an exception with an
extended SOL for corruption-related crime
22
.
Although most experts in Portugal justify this
exception because of the nature of these crimes,
their late discovery and investigating complexity
(bank secrecy, MLA, required financial experti-
se), some experts consider the general SOL suf-
ficiently long and think this could cause systemic
unfairness due to equally sanctioned crimes
being granted different SOL.
CLASSES OF SOL IN SPAIN
SANCTION
(YEARS OF IMPRISONMENT
BARRING/DISQUALIFICATION)
SOL (years)
20
Crimes against humanity, terrorism No
More than 15 years
20
10-15 years
15
5-10 years
10
Less than 5 years (crimes)
5
Minor crimes
(slander, defamation and others)
1
CLASSES OF SOL IN ROMANIA
SANCTION
(YEARS OF IMPRISONMENT)
SOL (years)
More than 20 years
15
10-20 years
10
5-10 years
8
1-5 years
5
Less than 1 year (or fine)
3