Simple theft
- Input
- Pena máxima 4 anos, data fato 2017-01-01
- Expected output
- Prescrição abstrata: 8 anos → 2025-01-01
If no interruption and no indictment received by 2025, punitive claim prescribed.
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calculate criminal statute of limitations Brazil
Miscalculated criminal prescription leads to wrongful conviction or acquittal. The tool follows CP art. 109 terms, applies reductions for youth and old age, and marks interruption events under art. 117.
If no interruption and no indictment received by 2025, punitive claim prescribed.
CP art. 115 halves the prescription period for those under 21 at the offense date.
Abstract uses the maximum possible sentence and counts from the date of the crime; retroactive uses the sentence actually imposed, for the period between the acceptance of charges and the publication of the conviction. Retroactive is usually more favorable to the defendant, because the imposed sentence tends to be lower than the statutory maximum.
No. STJ Súm. 220 settled that recidivism does not affect the punitive prescription period.
Abstract uses the maximum theoretical penalty; retroactive uses the actual sentence applied, allowing prescription analysis even after conviction.
Estimate based on CP arts. 109-117. Consult a criminal defense attorney for case-specific analysis.
CP art. 109, pena máxima em abstrato; termo inicial: data do fato (art. 111).