And they teach that once the criminal action has prescribed

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12. BAUDRY et TISSIER, “Prescription”, ns. 626 et seq., study in detail the subject of the prescription of civil actions arising from a crime. And they teach that once the criminal action has prescribed, the civil action is also prescribed, since the prescription of the latter, whether by the Code of Criminal Instruction or by articles 9 and 10 of the Code of 3 Brumaire of Year IV, is the same as that of the criminal prescription.

What is important, however, is to verify whether the judge of the civil action can and should qualify the crime, in order to verify whether the prescription of the criminal action applies, or whether it is sufficient, disregarding sms gateway taiwan the subjective content, to focus only on the objective content. It is true that art. 109 of the Penal Code requires that the penalty be considered in abstracto , for the purpose of extinguishing the criminal action before conviction. But this is a different matter. In this case, as is clear from article 41 of the Code of Proc.

In criminal proceedings, the criminal act is already known, through the complaint or charge, with all its circumstances, the qualification of the accused and the classification of the crime. In this case, the judge has already made a summary examination of the matter for the purposes of art. 43 of the Code of Criminal Procedure. However, this is not the best solution. In good law, the judge must assess all the circumstances of the act, as set out in the complaint or charge and as stated in the supporting documents, in order to assess the penalty in concreto . This is what COSTA E SILVA teaches (vol. 2, page 418):

“If we consider the reasons that serve as the basis for the institution of criminal prescription, we must agree that the opinion that requires the determination of time limits in concrete terms, taking into account all the objective and subjective circumstances of the crime, is more in line with them”.