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IMPACT OF STATUTES OF LIMITATIONS IN CORRUPTION CASES AFFECTING EU FINANCIAL INTERESTS |
PAG.17
3.5
COMPARATIVE LENGTH OF SOL
The table shows a certain uniformity as to the length of SOL in the countries included in the report. The-
re are two relevant exceptions: one is Italy, where SOL for some specific crimes are comparativelymuch
shorter and not long enough to allow the judicial system to complete criminal proceedings before the
expiry of the limitation period. The other non-aligned country is Spain where absolute SOL are absent:
in Spain, some limitation periods seem short though, in practice, they only run until the indictment of
the accused person at the beginning of the judicial case, when they are interrupted. Other grounds for
interruption occur at later stages of the proceedings.
Corruption-related crime
32
Bulgaria Greece
33
Italy
Portugal
Romania Spain
R A R A R A R A R A
R
Active Bribery
10 15 15 20
34
6 7.5 15 22.5 8 16
10
Passive Bribery
10 15 15 20 6 7.5 15 22.5 8 16
5
Bribery for acts contrary
to office duties
10 15
35
15 20 10 12.5 15 22.5 8 16
Corruption in judicial acts
15 20 12 15 15 22.5 8 16 5 or 15
Extortion by public official
15 22,5 15 20 12 15 10 or
15
15 or
22.5 8 16
Embezzlement
10 15
36
15 20 10.5 13.12 15 22.5 8 16
10
Abuse of authority
10 15
37
5
38
8 6 7.5 15 22.5 8 16
5
Money laundering
10 15
39
15 20 12 15 15 22.5 8 16
10
30
This list of causes of suspension and interruption is not exhaustive.
31
This suspension occurs because the prosecution may not commence or continue
32
This table lists relative SOL (R) and absolute SOL (A).
33
As to Greece, the table shows SOL for felonies.
34
Law 1608/1950 on Financial Crimes Against the State provides for aggravating circumstances, in which case these terms
may be extended to twenty and twenty-five years respectively, where the perpetrator intends to gain profit to the
detriment of the State’s property. This provision does not only apply to active bribery but also to passive bribery, bribery
of judges, and embezzlement in the public sector.
35
Terms are fifteen (relative) and twenty-two and a half (absolute) for crimes classified under article 282.5 in conjunction
with article 282.2 of the Criminal Code.
36
See previous note with longer periods for aggravated crimes, depending on circumstances.
37
See previous note.
38
As for Greece, the offence of “breach of duty” is considered in place of “abuse of authority”.
39
See previous note. The longer limitation periods for this crime are fifteen and twenty-five years, respectively