• via Alberto da Giussano, 26, 20145 Milano
  • +39 02 4003 1253
  • info@studiolegalebianucci.it
  • Criminal Lawyer, Family Lawyer, Divorce Lawyer

The Statute of Limitations in Criminal Law According to the Supreme Court: Analysis of Judgment No. 25912 of 2021

The recent judgment No. 25912 of the Court of Cassation dated July 7, 2021, has highlighted important aspects concerning the regulation of the statute of limitations in criminal matters, particularly in relation to serious crimes such as corruption and bid rigging. The Court carefully addressed the issue of confiscation for equivalent value, clarifying some critical points that merit analysis.

The Judgment and the Legal Context

The Court examined the appeal filed by the Attorney General of the Republic, highlighting how the judgment of the Court of Appeal of Milan had erroneously excluded the possibility of applying confiscation for equivalent value against E.S., declaring that the crime was extinguished by the statute of limitations. This decision contradicts the principles established by the United Sections of the Cassation, which state that confiscation for equivalent value can be ordered even in cases of statute of limitations, provided that the requirements established by law are met.

The contested judgment has created confusion regarding the application of confiscation for equivalent value, which is fundamental to combating corruption and bid rigging.

The Implications of the Statute of Limitations

A crucial aspect that emerged from the decision concerns the statute of limitations for aggravated corruption and bid rigging crimes, for which the Court established that the limitation period had not been calculated correctly. In fact, the Court reaffirmed the importance of considering specific aggravating factors, such as those related to Article 7 of Law No. 203 of 1991, for calculating the limitation period.

  • The statute of limitations for corruption crimes can be interrupted by investigative acts.
  • The correct application of aggravating factors is essential for calculating the statute of limitations.
  • Confiscation for equivalent value must be assessed independently of the extinction of the crime due to the statute of limitations.

Conclusions

Judgment No. 25912 of the Cassation clarifies various aspects of the regulation of the criminal statute of limitations and the applicability of confiscation for equivalent value. It is essential for lawyers and legal practitioners to keep these principles in mind, not only for a correct application of the law but also for a more effective fight against corruption and fraud in public procurement. The Court's interpretation represents an important step towards a fairer and more rigorous justice system.