The prescription of the fraud offense is a topic of great relevance for anyone involved in criminal proceedings related to this type of offense. Understanding how prescription works can make a difference in managing your case.
The offense of fraud, governed by Article 640 of the Penal Code, occurs when someone, through tricks or deceit, misleads another person, obtaining an unjust profit to the detriment of others. This definition emphasizes the importance of deception as a key element of the crime.
Prescription is the period of time within which a crime can be prosecuted. After this time has passed, the offense can no longer be the subject of criminal proceedings. Articles 157 and 158 of the Penal Code regulate prescription, establishing the calculation methods and any causes for suspension or interruption.
Article 157 specifies that the prescription term for fraud offenses is six years. However, this period may be subject to variations based on specific circumstances, such as the interruption of the prescription itself.
According to Article 158, the prescription term begins to run from the day the offense was committed. In the case of continued or permanent offenses, the term starts from the day the continuation or permanence ceased.
"Knowing the terms of prescription is essential for the protection of one's legal rights."
If you are involved in a fraud case or want to learn more about prescription, contact the Bianucci Law Firm. Our team of experts is at your disposal to provide you with personalized support and effective legal strategies.