30 / 36
Our analysis of six national legal systems and
practices on statutes of limitations shows a
plurality of approaches in the field, with diffe-
rent outcomes in practice. Member States ap-
ply different approaches to regulate the expiry
of limitation periods. Most of them have dealt
with large scandals and major cases that have
had a relevant impact on society and the public
opinion and have somehow remedied legal de-
ficiencies to avoid the proliferation of similar
cases. Italy seems to be lagging behind in com-
plying with best practices; it is not surprising
that the Taricco decision concerned an Italian
court case.
There are three areas where room for impro-
vement is identified and advisable: specific SOL
regulations; SOL-related issues; the systemic
weaknesses of criminal proceedings.
Except for Italy, which deserves separate con-
sideration and needs a complete, immediate
reform of the SOL framework, the legal fra-
meworks taken into consideration in this report
are considered effective. The selected cases
identified by experts are relevant at national
level and have or have had an impact on the
community; however, they are often dated or
isolated and do not represent a common trend
in these countries. In any case, researchers and
experts point out existing loopholes in their
context that are highlighted by practice and
need to be carefully reviewed.
Among the weaknesses, special attention
should be paid to the following issues:
1) Corruption-related cases.
They sometimes require more time and tools
for investigation, so a special treatment is dee-
med advisable by several experts.
2) Cross-border cases.
They take considerable time because of their
complexity and MLA requests are not always ti-
mely replied. Most of the times these requests
are not a cause for suspension and, where they
are, they can have an impact on absolute SOL.
3) Elimination of special subjective conditions.
In some countries politicians or people in offi-
cial positions have different SOL compared to
the general rule.
4) Focus on the causes of suspension and in-
terruption rather than on the length of SOL.
The length of SOL is rather consistent and si-
milar among countries but differences arise
in relation to the causes of suspension and in-
terruption that can obstruct prosecution and
interfere with the correct conduct of criminal
proceedings.
5) Investigation times.
A number of proceedings become statute bar-
red during the investigations or because of the
time dedicated thereto. Although specific time
limits are set, investigations are often prolon-
ged or ignored.
The following issues are not strictly related
to SOL but raise concerns according to seve-
ral experts and practitioners:
1) Lack of relevant statistics.
In most of these countries, statistics are not col-
lected or available in relation to the numbers
and categories of statute-barred proceedings.
This shortage jeopardises the ability of the sy-
stem to understand if and where there are pro-
blems related to the amount of cases not deci-
ded on their merits.
6
CONCLUSIONS AND
RECOMMENDATIONS