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On the 9th of April, two years after the start of the investigation phase, the decision on the case of Operation Marquis was known, in which the former Prime Minister, José Sócrates, is accused by the Public Ministry (MP) of 31 crimes, including passive corruption of political office holder, money laundering, forgery of documents and qualified tax evasion.
In an interview with the program “Sexta às 9”, from RTP 1, Henrique Salinas, Partner in charge for the area of Criminal Law & Compliance at CCA, commented on Judge Ivo Rosa's controversial decision to bring the former Prime Minister on trial for only six crimes, three of money laundering and three of forgery of documents, considering that Socrates' corruption expired in 2011, that is, two years before the MP began to investigate. In order to support the calculation of the limitation period, the Judge decided to follow Judgment 90/2019 of the Constitutional Court which considers that the limitation period in the crime of corruption begins from the moment of the promise to a benefit and not with its payment.
"it is a decision that the legislator has taken to allow for the anticipation of criminal protection so that as soon as the existence of the simple offer is discovered, the crime is consummated and the active briber can be punished for the crime of corruption in the consumed form and not just in a simple attempt" explains Henrique Salinas.
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- RTP 1