Analysis of Judgment No. 27567 of 2023: Statute of Limitations and Administrative Offenses

The recent judgment No. 27567 of May 5, 2023, filed on June 26, 2023, offers significant insights into the connection between administrative offenses and criminal offenses. In particular, the Court of Cassation addressed the issue of the statute of limitations for administrative offenses punishable by a monetary penalty, clarifying the methods of its interruption in cases of jurisdiction by the criminal judge. This article aims to explore the salient points of this judgment, highlighting the practical and legal implications for professionals in the field.

The Legal Context of the Judgment

The Court of Cassation, criminal section, declared the appeal filed by A. P. inadmissible regarding an administrative offense. The central issue concerned the interruption of the statute of limitations for the administrative offense following the commencement of a related criminal proceeding. In this regard, the Court recalled the importance of Law of November 24, 1981, No. 689, which establishes the rules for the management of administrative offenses.

Administrative offense punishable by a monetary penalty - Connection with criminal offenses - Jurisdiction of the criminal judge - Statute of limitations - Interruption - From the commencement of the proceeding until the judgment becomes final in the criminal case - Existence. In terms of the statute of limitations, where the connection with criminal offenses grants the criminal judge jurisdiction over an administrative infraction, the proceeding initiated following a report duly notified to the interested party, pursuant to Articles 14 and 24, second paragraph, of Law of November 24, 1981, No. 689, interrupts the statute of limitations for the administrative offense punishable by a monetary penalty until the criminal judgment becomes final, as the provisions of Article 157 of the Criminal Code do not apply, but rather those of Articles 2943 and 2945 of the Civil Code.

Implications of the Judgment

The judgment clarifies that, where there is a connection between an administrative offense and a criminal offense, the ongoing criminal proceeding interrupts the statute of limitations for the administrative offense. This means that the duration of the statute of limitations is suspended until the criminal judgment becomes final, thus offering protection to the rights of the interested party. This aspect is of fundamental importance for legal professionals, who must be aware of the timelines and procedures to follow in such situations.

• Interruption of the statute of limitations: The duration of the statute of limitations is suspended during the criminal proceeding.
• Applicability of rules: Articles 2943 and 2945 of the Civil Code apply, not the Criminal Code.
• Relevance of notification: A duly notified report is essential for the interruption of the statute of limitations.

Conclusions

Judgment No. 27567 of 2023 represents an important step forward in understanding the relationship between administrative offenses and criminal offenses, confirming the need for careful management of statute of limitations issues. Lawyers and professionals in the field must pay attention to these provisions to ensure proper defense of their clients. The clarity provided by the Court of Cassation on these legal aspects offers valuable guidance for addressing complex situations in the legal field.