Criminal Statute of Limitations: Key Concepts and Case Analysis
Criminal Statute of Limitations: Legal Principles and Analysis
8. Retroactive Prescription and Its Effects
The question concerns the retroactive prescription of the punitive claim. Select the correct effect:
- a) The executive claim would run, creating future recurrence (recidivism).
- b) The punitive claim, generating future recurrence (recidivism).
- c) Thereafter, generating future recurrence (recidivism).
- d) The executive claim would run, resulting in no future recurrence (recidivism).
- e) The punitive claim, resulting in no future recurrence (recidivism).
9. Criminal Law Concepts and Prescription Rules
Select the correct alternative regarding various criminal law concepts:
- a) Publication of the acquittal of the accused is an explicit cause for interrupting prescription provided for in the Penal Code.
- b) Law No. 8.072/90, as amended by Law No. 11.646/07, provided the original closed regime for serving sentences for heinous crimes and similar offenses, establishing that scheme progression, for those convicted of such offenses, shall be granted after the completion of two-fifths (2/5) of the punishment if the convict is primary, and three-fifths (3/5) if the convict is a recidivist.
- c) The conduct of making a material alteration to a genuine public document, according to the Criminal Code, does not constitute the crime of falsification of a public document.
- d) According to the Criminal Code, the prescription of a fine occurs in two years, even if it is alternatively or cumulatively imposed alongside deprivation of liberty subject to different limitation periods.
- e) The agent commits the offense of perjury when they assign to themselves or a third party a false identity to gain advantage, benefit, or cause harm to others.
10. Factors That Interrupt the Statute of Limitations
Check the cause that does not interrupt the course of the prescription:
- a) Recurrence (Recidivism).
- b) Providing a police report or initial complaint.
- c) Publication of the sentence appealed.
- d) Publication of a conviction decision.
- e) Decision confirming the pronunciation (of the indictment).
12. Calculating the Statute of Limitations Start Date
Regarding the Institute of Prescription, select the correct alternative:
- a) The prescription of the executive claim dispels all effects of the sentence.
- b) In calculating the abstract prescription period (before the sentence), the judge should apply the “Theory of the Worst,” considering causes of increase for the largest fraction, decrease for the smallest fraction, and also considering aggravating and mitigating circumstances.
- c) The prescription of the punitive claim, since it entails the loss of the State’s right to punish, should be recognized only after the request of the prosecutor in this sense, as its recognition ex officio is forbidden to the judge.
- d) The initial term for the calculation of the statute of limitations generally is the day the crime was consummated. In the event of attempted crime, the day criminal activity ceased. In the event of an ongoing crime, the day the permanence ceased.
13. Prescription of Penalties and Sentence Types
Regarding prescription as a cause for the cancellation of punishment, select the true statement:
- a) Penalties restricting rights prescribe in half the time limits established for the prescription of custodial sentences.
- b) Prescription occurs in eight years if the maximum penalty is more than two years and does not exceed six years.
- c) Penalties restricting rights prescribe according to the same timetable established for the prescription of custodial sentences.
- d) If the conviction is appealed, the prescription shall be governed by the abstract penalty (maximum penalty provided by law).
- e) The executive claim prescription runs from the day the sentence has been handed down for the defendant.
14. Case Study: Calculating Prescription Periods
Agent “F”, on November 1, 2000, committed the crime of smuggling, punishable by imprisonment from one to four years. The agent was caught red-handed, leading to a police investigation. On December 2, 2000, the judge received the indictment offered by the prosecution. On December 1, 2003, the accused was sentenced to two years imprisonment. Thus, regarding the prescription, it can be said that:
- a) The offense is prescribed because the conduct took place on November 1, 2000, and the crime expires in two years.
- b) The offense is not prescribed because the statute of limitations for this crime, based on the abstract penalty, is eight years.
- c) The offense is prescribed since the date of receipt of the complaint until December 1, 2003, has been over two years.
- d) The offense is not prescribed because the statute of limitations for this crime is sixteen years.
- e) Prescription is an institute that exclusively affects the right to exercise jurisdiction.