In corruption cases, the date from which the statute of limitations begins may depend on the moment when one of the methods provided for by the criminal statute was first committed. By Decision No. 1/2025, the High Court of Cassation and Justice established an obligatory rule for certain unique offenses provided for by the Criminal Code.
What was established by the Decision of the Supreme Court of Cassation no. 1/2025
Decision No. 1 of 20 January 2025, published in the Official Gazette No. 326 of 11 April 2025, interprets Articles 174 and 154, paragraph (2), of the Criminal Code. The rule concerns the single offenses provided for in Articles 289–292: taking and giving bribes, the traffic in influence and the purchase of influence.
If, in the context of such a single offense, several alternative methods of material element are carried out on different dates, the statute of limitations begins from the date of the first alternative method. If a single method is carried out through a succession of acts, the reference point is the first act in that succession. The acts or methods carried out subsequently do not move this moment, even if a long period passes between them.
You can consult the official text of the ICCJ Decision No. 1/2025 and The updated form of the Criminal Code.
Indicative examples
If, according to the factual situation in question, the taking of bribes was first consummated through the claim of use, and the receipt of the money took place subsequently, the starting date is related to the first method accomplished. In the case of bribery, if the promise preceded the offering or handing over of the use, the analysis starts from the promise, if it was the first typical method committed.
The examples do not automatically establish the classification of a concrete act. It must be verified what actions were actually proven, when each method was implemented and whether the act constitutes a single offense among those covered by the decision.
What is the general prescription term?
Decision no. 1/2025 clarifies the starting point in the described situation; it does not change the duration of the term itself. According to Article 154, paragraph (1), letter c) of the Criminal Code, the general term is 8 years when the maximum penalty provided by law is more than 5 years, but not exceeding 10 years. In the basic forms, the bribery provided for by Article 289 is punishable by imprisonment from 3 to 10 years, and the offenses under Articles 290–292 are punishable by imprisonment from 2 to 7 years; both ranges fall within the 8-year category.
The term applicable in a case is not determined solely by this general rule. The applicable law must be verified over time, the exact legal framework and the applicable penalties, as well as any grounds for interruption or special rules. Article 155 of the Criminal Code separately regulates the interruption of the course of prescription. The decision of the CCJ No. 1/2025 does not replace the analysis of these aspects.
What needs to be analyzed in the case file
The calculation starts from the chronology of the facts: the identification of the first alternative method or the first act in the sequence related to that method, the determination of the form of the offense and the verification of the applicable legal term. Then, the relevant procedural acts for interruption and the other circumstances that may influence the calculation are examined separately. A difference in date may count, but the solution depends on the evidence and the legal classification established in the specific case.
