Harassing Begging: Analysis of Judgment No. 29233 of 2024

Judgment No. 29233 of May 22, 2024, issued by the Court of Cassation, offers an important reflection on the crime of harassing begging, particularly addressing the issue of the statute of limitations. This ruling is part of a complex legal context, where the protection of legal interests and the definition of habitual offenses play a crucial role.

The Legal Context of Harassing Begging

Begging, as a practice of requesting help from the community, can take various forms. However, when it becomes harassing, it can be classified as a crime. The Court of Cassation, with the judgment under review, reiterated that harassing begging can be considered an "eventually habitual" offense, meaning it can be constituted by either a single act or the repetition of multiple homogeneous acts.

• A single instance of harassing begging can constitute a crime.
• The repetition of such instances contributes to the configuration of a habitual offense.
• The statute of limitations runs from the last unlawful act committed.

The Principle of the Statute of Limitations and its Application

One of the most relevant issues addressed by the Court concerns the commencement of the statute of limitations. The headnote of the judgment states that "harassing begging is an "eventually habitual" offense, as it can be constituted by a single act or by the repetition of a plurality of homogeneous acts, so that, in the latter case, the statute of limitations runs from the commission of the last unlawful act, as only at that moment does the danger of injury to the interests protected by the criminal provision cease." This principle is fundamental, as it establishes that the statute of limitations does not begin to run until the last act that could harm the protected legal interests occurs.

Conclusions

Judgment No. 29233 of 2024 represents an important milestone in the jurisprudence concerning harassing begging. It clarifies that the repetition of acts of harassing begging can constitute a habitual offense and that the statute of limitations runs from the last act committed. This interpretation not only helps to better define the boundaries of this crime but also offers a useful tool for the protection of the legal interests involved. It is essential for legal professionals and public administration to consider these indications in managing cases of harassing begging.