STATUTE OF LIMITATIONS OF CERTAIN CRIMINAL OFFENCES – ARTICLE 8 PAR. 3 LAW 4198/2013
Under Article 8 par. 3 of Law 4198/2013, provision is made for the statute of limitations of specific criminal offences and imposed penalties, with the aim of relieving courts from minor criminal cases.
Pursuant to this provision, criminal liability is extinguished and prosecution ceases for offences committed up to 31-08-2013, and in particular: a) petty offences, and b) misdemeanors punishable by imprisonment of up to one (1) year or a monetary penalty or both.
Furthermore, it is provided that in the case of misdemeanors, if the offender commits within one (1) year from the publication of the law a new intentional felony or misdemeanor and is irrevocably convicted to a custodial sentence exceeding six (6) months, the previously ceased prosecution is resumed. In such a case, the period between the cessation of prosecution and the final conviction for the new offence is not counted towards the limitation period of the initial offence.
The above statute of limitations and cessation of prosecution do not apply to violations of: a) Articles 358 and 377 of the Penal Code (in cases of purchase of goods on credit), b) Law 690/1945, c) Article 28 of Law 3996/2011, d) Article 29 of Law 703/1977 and Article 44 of Law 3959/2011, e) Law 2168/1993, f) Ministerial Decision A5/3010 of 14-08-1985 (Government Gazette B’ 593), g) Article 6 of Law 456/1976, and h) Article 41ST of Law 2725/1999.
Additionally, according to Article 8 par. 4 of Law 4198/2013, custodial sentences of up to six (6) months imposed by decisions issued before the publication of the law, which have not become final and have not been served in any way, are extinguished and not executed, provided that the convicted person does not commit within two (2) years from the publication of the law a new intentional offence for which they are irrevocably convicted to a custodial sentence exceeding six (6) months.
In case of a new conviction, the offender serves cumulatively both the new sentence and the previously unserved one, and the period from the publication of the law until the final conviction is not counted towards the limitation period of the unserved sentence.
The above provision does not apply to decisions concerning offences under Articles 167, 189, 235, 236, 237, 242, 256, 258, 259, 292, 309, 334 par. 3, 372, 382 and 390 of the Penal Code, as well as violations of: a) Law 2168/1993, b) Article 6 of Law 456/1976, c) Ministerial Decision A5/3010 of 14-08-1985, and d) Article 41ST of Law 2725/1999.