For individuals: pursuant to Article 157 of the Criminal Code, the limitation period for an offense is equal to the maximum period of imprisonment provided for that specific offense. In any event, the statute of limitations for serious offenses such as bribery may not be less than six years.
The statute of limitations may be tolled under certain circumstances during the criminal proceedings. The statute of limitations is also tolled from the judgment of first instance or conviction decree until the date of enforceability of the judgment that defines the proceedings or until the irrevocability of the conviction decree.
Pursuant to Article 159 of the Criminal Code, the statute of limitations must be calculated starting from the day in which the offense occurred, or, for attempted offenses, from the day in which the attempt has ceased.
With respect to bribery and corruption offenses, the offense is considered to have been committed when the promise is accepted or the money/utility/thing of value is given or received; where the giving or receiving of a thing of value occurs after the promise is accepted, it is only at the moment of giving or receiving that the offense is deemed to be committed.
For companies: the statute of limitations for companies under Decree 231 of 2001 (Article 22 paragraph 1) is five years from the date on which the offense was committed. A request for the application of a precautionary disqualifying measure and/or the indictment of a company for an offense contemplated by Decree 231 (Article 59) interrupts the statute of limitations, with the consequence that, by effect of such interruption, a new term of limitation begins.