Analysis of Judgment No. 28474 of 2024: Suspension of the Statute of Limitations and Orlando Reform

The recent judgment no. 28474 of July 10, 2024, issued by the Court of Cassation, has raised important questions regarding 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 reference point for understanding the legal dynamics that govern the matter and for assessing the applicability of Law No. 103 of 2017, known as the Orlando reform.

The Regulation 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 for crimes committed during the indicated period, a special regulation applies. In fact, the Court clarified that the criterion of the more favorable law, provided for by Article 2, paragraph 4, of the Penal Code, must be considered in the assessment of the applicable norms.

Suspension - Crimes committed between August 3, 2017, and December 31, 2019 - Regulation pursuant to Law No. 103 of 2017 - Applicability - Reasons. Regarding the statute of limitations, for crimes committed between August 3, 2017, and December 31, 2019, the regulation provided by Law No. 103 of June 23, 2017 (the so-called Orlando reform) applies, provided that the criterion of the more favorable law established in Article 2, paragraph 4, of the Penal Code considers the suspension of the statute of limitations period as referred to in Article 159, paragraph two, of the Penal Code, in the text provided by Article 11, letter b), of the cited law, and Article 161-bis of the Penal Code, introduced by Law No. 134 of September 27, 2021.

The Implications of the Judgment

The judgment in question confirmed the applicability of the Orlando reform even in contexts of statute of limitations, thereby establishing that the changes made to the regulation of the suspension of the statute of limitations must be considered for crimes committed during the established period. This decision has significant 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 emphasizes the importance of a favorable interpretation for defendants, highlighting how criminal law is evolving towards greater attention to rights and procedural guarantees. It is essential that professionals and citizens are aware of these dynamics to best address the legal issues that may arise.

Bianucci Law Firm