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IMPACT OF STATUTES OF LIMITATIONS IN CORRUPTION CASES AFFECTING EU FINANCIAL INTERESTS |
PAG.15
KIND OF CRIME OR SUBJECTIVE QUALIFICATION
ABSOLUTE SOL (COMPARED
TO RELATIVE SOL)
Offences with no relative SOL
28
or crimes under
articles 51, par. 3bis and 3quater
29
No absolute SOL
General rule (crimes committed by an uncensored
person or a simple recidivist)
+1/4 of the relative SOL
Crimes committed by an aggravated recidivist
+ 1/3 of the relative SOL
Crimes committed by a repeated recidivist
+ 2/3 of the relative SOL
Crimes committed by a habitual criminal
Double of the
relative SOL
CRIME: BRIBERY
SOL
Relative SOL
15 years
Appeal against a conviction
+ 7.5 years
Case of exceptional complexity
+ 5 years
Appeal before the Constitutional Court
+ 10 years
Crimes committed by a habitual criminal
Double of the
relative SOL
TOTAL
37.5 YEARS
ITALY AND SUBJECTIVE ABSOLUTE SOL
Italy has a unique regulation concerning absolute SOL. As said, the general rule provides for the
addition of a quarter of the relative SOL. However, the law reform of 2005 introduced some tiers of
subjective qualifications of the accused. There are now five classes of absolute terms.
The establishment of conditions related to the qualification of the accused has been criticised by
many experts: from a procedural perspective, this subjective qualification does not affect the length
of judicial proceedings and thus does not make real sense in practice.
25
The sum was 220 million pesetas, equivalent to more than 1,300,000 Euro.
26
Article 154 paragraph 4 of the Romanian Criminal Code
27
Article 121 paragraph 3 of the Portuguese Criminal Code. Portugal provides an exception for crimes sanctioned
with a relative SOL below two years: in these cases the absolute SOL doubles the relative one.
28
These are crimes sanctioned with life imprisonment.
29
Crimes investigated by the Antimafia National Directorate concerning criminal organisations.
Researchers focusing on Portugal have provided
an example of what the actual length of a criminal
case would be when adding themain suspension
causes without providing for an absolute SOL.