Prescrição criminal

: a culpabilidade e o decurso do tempo

Abstract

This paper focuses on the theme of Criminal Prescription, specifically, on the influence and consequences of the passage of time and the principle of guilt. The main objective is to trace to what extent the passage of a determined period set by law implies that the judgment of censure imposed on the perpetrator of a crime is removed, as well as to ascertain how the community's expectations that he will be punished are managed. For this purpose, relevant doctrine and jurisprudence on the subject was analyzedin order to present different currents of opinion, the issues on which a consensus has already been reached, and to take a position on them. The results obtained from this research point in the direction that the existence of the institution of criminal statute of limitations is appropriate within our Criminal Law, and is justified, from the outset, on constitutional grounds. Therefore, we conclude that the persistence of punishment many years after the commission of the crime can only be justified on extraneous grounds that are incapable of preventively justifying the need for punishment.

Date of Award	7 Mar 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Pedro Garcia Marques (Supervisor)