The prescription of fraud complaints is a topic of great interest to all those who have suffered economic damage. The statute of limitations is a legal institution that establishes the terms within which a crime must be prosecuted and can be reported. In this article, we will explore what is meant by prescription, how it works, and what are the terms for reporting a scam. In addition, we will look at how to calculate the statute of limitations and what to do if the complaint is
prescribed.
Table of Contents:
What is meant by prescription
The statute of limitations is a legal institution that establishes the period within which a crime can be prosecuted. Italian law provides that the prescription may be invoked in all crimes, including those of an economic nature such as scams. Essentially, the statute of limitations determines the extinction of the crime and prevents the perpetrator from being prosecuted. However, the prescription does not determine the extinction of the civil debt, that is, the compensation for the damage suffered by the victim. Furthermore, it is important to specify that the prescription does not only concern the start of the criminal trial, but also the sentence of conviction or acquittal, which must be pronounced within a certain period of
time.
How does the prescription for fraud complaints work
Prescribing fraud complaints works in a similar way to prescribing other crimes. The statute of limitations starts from the moment the crime was committed or, in the case of fraud, from the moment the victim discovered that she had been defrauded. The statute of limitations varies depending on the seriousness of the offence and the penalty provided by law. In the case of the scam, the statute of limitations is 6 years. This means that if the perpetrator of the scam is not identified, reported and convicted within 6 years, the crime is extinguished and can no longer be prosecuted
criminally.
The statute of limitations for fraud complaints
The statute of limitations for fraud complaints vary depending on the seriousness of the crime and the penalty provided by law. In the case of the scam, the statute of limitations is 6 years. However, there are some exceptions where the limitation period may be longer or shorter. For example, if the fraud was committed against the State or a public body, the limitation period is 10 years. In addition, if the victim of the scam is a minor or a person incapable of understanding and wanting, the limitation period is suspended until the person reaches the age of majority or regains the ability to
understand and to want.
How to calculate the statute of limitations for fraud complaints
To calculate the statute of limitations for fraud complaints, it is necessary to know the date on which the crime was committed or, in the case of fraud, the date on which the victim discovered that she had been defrauded. Starting from this date, the statutory limitation period must be counted, which in the case of fraud is 6 years. If the complaint is filed within the statute of limitations period, the offence can be prosecuted criminally. If, on the other hand, the limitation period has already expired, the complaint is prescribed and the crime can no longer be prosecuted criminally. It is important to keep in mind that calculating the statute of limitations can be complex and require the help of a legal professional
.
What to do if the fraud complaint is time-barred
If the fraud complaint is prescribed, the offence can no longer be prosecuted criminally. However, the victim of the scam can still take action in civil proceedings to obtain compensation for the damage suffered. In this case, the victim can go to a lawyer and take legal action to obtain financial compensation. It is important to keep in mind that, unlike the criminal process, in civil proceedings the victim has the task of proving their reason and the damage suffered. Furthermore, the compensation obtained in civil proceedings does not involve the punishment of the perpetrator of the scam, but only the repair of the damage suffered by the
victim.
In conclusion, the prescription of fraud complaints is an important aspect to keep in mind for those who have suffered economic damage. It is essential to know the statute of limitations and act promptly to prevent the complaint from being prescribed. Otherwise, the victim can still take action in civil proceedings to obtain compensation for the damage
suffered.
