When does a minor crime prescribe?

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The possibility of prosecuting a crime is not indefinite, but rather extends over a certain period of time. Once this period has elapsed, the crime prescribes and can no longer be pursued or punished. Depending on the seriousness of the crime, the terms will be more or less extensive, with the statute of limitations being one year for minor crimes. Next, we are going to analyze the most relevant aspects that can affect the prescription of a minor crime. We can help you At Dexia Abogados we are criminal lawyers specializing in minor crimes . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is a minor crime? Before analyzing the statute of limitations for minor crimes, it is worth briefly clarifying what is meant by a minor crime . Before the reform carried out in the Penal Code by Organic Law 1/2015, of March 30 , criminal offenses were classified into serious crimes , less serious crimes and misdemeanors.

The reform decriminalized most of the offenses, removing them from the Penal Code, but left only those whose criminal reproach was considered necessary to maintain, although they became known as minor crimes. Consequently, there are currently not many minor crimes in the Penal Code, and those that remain constitute the offenses that the system has considered worthy of criminal punishment, which have also seen their punishment DM Databases aggravated. Finally, according to article 13.3 of the Penal Code , minor crimes are those infractions that the law punishes with light penalties. As for light penalties, these are those established in article 33.4, none of them being imprisonment. What is the statute of limitations for minor crimes? The statute of limitations for crimes is contemplated in article 131.1 of the Penal Code , by virtue of which minor crimes prescribe one year after the illegal act is committed. This means that after the year, the crime can no longer be prosecuted.



The term of one year is counted from the time the minor crime was committed ( article 132 ). Can the statute of limitations for a minor crime be interrupted? Yes, the one-year statute of limitations for minor crimes is interrupted when the procedure is directed against the person who, according to the evidence , is responsible for the crime. If the procedure on the person is paralyzed or ends without a conviction, the period will begin to run again, that is, without taking into account the time that has previously elapsed. For the interruption of the limitation period to be applied, the person against whom the procedure is directed must be sufficiently determined in the judicial resolution. Therefore, the reasoned judicial resolution that attributes the participation of the person alleged to be the perpetrator of an act is essential for the procedure to be understood as directed against him. Without the need for a judicial resolution, the limitation period is also understood.