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3.4
CAUSES OF SUSPENSION
AND INTERRUPTION
In most jurisdictions where SOL exist, SOL can be
suspended or interrupted in specific circumstan-
ces. Inmost cases, it is thanks to these causes that
judicial proceedings can be completed despite
short limitation periods.
As the table shows, some circumstances can lead
to either an interruption or suspension of the li-
mitation period in most countries in question, for
example in case of specific steps during the trial
or when some legal obstacles prevent its prose-
cution. Surprisingly, MLA requests and internatio-
nal arrest warrants are rarely considered as cau-
ses for suspension or interruption.
In Spain, the absence of an absolute SOL is comple-
ted by a single cause of interruption that suspends
the limitation period when a judicial procedure
has begun against an accused (the moment he is
formally investigated).
Portugal has a longer list of causes of suspension,
that includes the period after the indictment while
the criminal procedure is still pending (three-year
suspension) and the impossibility to notify a con-
viction to a defendant judged in absentia. Greece
provides for additional causes for suspension
since both substantive and procedural criminal
laws expressly mention specific situations where
the prosecution may not commence or continue.
For instance, when the decision of the criminal
trial depends on another case for which the pro-
secution has already been initiated, the former is
postponed until the decision for the latter beco-
mes irrevocable. The postponement of the trial
hearing results in the suspension of the statute
of limitations until the decision on the preliminary
issue becomes irrevocable.
Common causes of suspension
and interruption
30
Bulgaria Greece
Italy
Portugal
Romania Spain
S
I
S
I
S
I
S
I
S
I
S
I
The alleged offender
evaded justice
-
-
X
31
-
-
-
X X
-
-
-
-
The alleged offender committed
other crimes of the same nature
-
-
-
-
-
-
-
-
X
-
-
-
Steps in the criminal proceedings
(such as the beginning of trial)
-
X X
-
-
X
-
X
-
X
-
X
Legal obstacles to the initiation
or continuation of prosecution
X
-
X
-
-
-
X
-
X X
-
-
MLA request
-
-
-
-
-
-
-
-
-
X
-
-
Immunity or other statutory
barriers to investigation
or prosecution
-
-
X
-
X
-
X
-
X
-
-
-
Referral of the case to another
court or to additional
investigations
-
-
-
-
X
-
X
-
-
-
-
-
International or European
arrest warrant
-
-
-
-
-
-
-
-
-
X
-
-
Notification of a procedural
act to the alleged offender
-
-
-
-
-
-
-
X
-
X
-
X
Legitimate impediments of the
parties or their attorney
-
-
-
-
X
-
-
-
X
-
-
-
An order confirming the arrest
of the alleged offender
-
-
-
-
-
X
-
-
-
X
-
-
Interrogatory by the
public prosecutor
-
X
-
-
-
X
-
-
-
-
-
-