Analysis of Judgment No. 27567 of 2023: Prescription and Administrative Offense

The recent judgment no. 27567 of May 5, 2023, filed on June 26, 2023, offers significant insights regarding the connection between administrative offenses and criminal offenses. In particular, the Court of Cassation has addressed the issue of the prescription of administrative offenses punished with monetary sanctions, clarifying the methods of interruption in case of cognizance by the criminal judge. This article aims to explore the key 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 inadmissible the appeal presented by A. P. regarding an administrative offense. The central issue concerned the interruption of the prescription of the administrative offense following the opening of a related criminal proceeding. In this regard, the Court emphasized the importance of Law No. 689 of November 24, 1981, which establishes the rules for the management of administrative offenses.

Administrative offense punished with monetary sanction - Connection with crimes - Cognizance of the criminal judge - Prescription - Interruption - From the beginning of the trial until the final judgment of the criminal sentence - Existing. Regarding prescription, in cases where the connection with crimes assigns the criminal judge the cognizance of an administrative infraction, the proceeding initiated following a report duly notified to the interested party, pursuant to Articles 14 and 24, second paragraph, Law No. 689 of November 24, 1981, interrupts the prescription of the administrative offense punished with a monetary sanction until the final judgment of the criminal sentence, with the provisions of Article 157 of the Criminal Code not applying, but rather those of Articles 2943 and 2945 of the Civil Code.

The Implications of the Judgment

The judgment clarifies that, if there is a connection between an administrative offense and a criminal offense, the ongoing criminal trial interrupts the prescription of the administrative offense. This means that the duration of the prescription is suspended until the final judgment of the criminal sentence, thus providing 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 prescription: The duration of the prescription is suspended during the criminal trial.
  • Applicability of the 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 prescription.

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 prescription issues. Lawyers and professionals in the field must pay attention to these provisions to ensure a proper defense of their clients. The clarity provided by the Court of Cassation regarding such legal aspects offers valuable guidance for addressing complex legal situations.

Bianucci Law Firm