Analysis of Judgment No. 28474 of 2024: Suspension of Statute of Limitations and the Orlando Reform
The recent judgment No. 28474 of July 10, 2024, issued by the Court of Cassation, has raised important issues concerning the statute of limitations for crimes and its suspension, particularly for those committed between August 3, 2017, and December 31, 2019. This ruling represents a significant benchmark for understanding the legal dynamics governing the matter and for assessing the applicability of Law No. 103 of 2017, known as the Orlando reform.
The discipline of the statute of limitations in the Orlando reform
Law No. 103 of 2017 introduced substantial changes to the statute of limitations system, establishing that a specific discipline applies to crimes committed in the indicated period. In fact, the Court clarified that the criterion of the more favorable law, provided for by Article 2, paragraph 4, of the Criminal Code, must be considered in the evaluation of applicable norms.
Suspension - Crimes committed between August 3, 2017, and December 31, 2019 - Discipline under Law No. 103 of 2017 - Applicability - Reasons. In terms of the statute of limitations, for crimes committed between August 3, 2017, and December 31, 2019, the discipline provided for by Law No. 103 of June 23, 2017 (the so-called Orlando reform) applies, given that the criterion of the more favorable law established in Article 2, paragraph 4, of the Criminal Code uses as reference points the suspension of the running of the statute of limitations under Article 159, second paragraph, of the Criminal Code, in the text provided by Article 11, letter b), of the aforementioned law, and Article 161-bis of the Criminal Code, introduced by Law No. 134 of September 27, 2021.
Implications of the judgment
The judgment in question confirmed the applicability of the Orlando reform also in contexts of the statute of limitations, thus establishing that the amendments made to the discipline of the suspension of the statute of limitations are to be considered for crimes committed in the established period. This decision has important repercussions for defendants and lawyers, who must now take these specific provisions into account during their legal strategies.
- Relevance of Law No. 103 of 2017 for the assessment of statutes of limitations.
- Application of the principle of the more favorable law for recent crimes.
- Impact of recent reforms on the management of criminal proceedings.
Conclusions
Judgment No. 28474 of 2024 represents an important confirmation of the direction taken by the Orlando reform regarding the statute of limitations. It underscores the importance of an interpretation favorable to defendants, highlighting how criminal law is evolving towards greater attention to procedural rights and guarantees. It is essential for professionals and citizens to be aware of these dynamics to best address legal issues that may arise.
