Understanding Legal Prescription and Imprisonment Terms

Penalty: Two years' imprisonment. Prescription: Four years, as he was under 21 years at the time of the incident, the limitation period is reduced by half, or two years.
Age: 19 years
Publication of the Sentence: 05/05/2008
Res Judicata p / Indictment: 02/06/2008
Res Judicata p / Defense: 15/06/2009

Prison: 6/5/2010 (beginning of the sentence)
Ask yourself: Is it prescribed?

05/05/08..................................02/06/08 ...... .................................................. ......05/05/10
Publication of the Sentence: Transit dismissed Indictment Home Compliance Pen
Marco: Interruptive
+ 27 days + 2 years 3 days

Res Judicata p / Defense: 15/06/2009: No interrupting March for prescription.

ANSWER: 1

Yes, it is prescribed. Because the penalty was two years in prison and res judicata for the prosecution was on 02/06/2008 (art. 110, § 1, CP), the prescription of punishment expires on 06/01/2010, since the prescription was reduced by half, given that the accused was under 21 years of age at the time of the incident.
Therefore, the convict was arrested on 6.5.2010, which is four days after the deadline to claim punitive action, which establishes the prescription and unlawful imprisonment, considering the claim would run to be prescribed. In this case, it is the Habeas Corpus with the arguments listed above.

CASE 2
Fact Date: 01/12/1999
Caio Age: 21 years
Publication of Judgement: 15/10/2004
Receipt of Complaint: 10/02/2000
Decision Pronunciation: 05/10/2000
Res Judicata p / Indictment: 20/11/2004

Sentence in the First Jury: Four years of solitude (Attempted Murder)
Sentence in the Second Jury: One year of solitude (Bodily Injury) - 45 days off work
OBS: No appeal against the charge
Will: Was there extinction of criminality by prescription?

12/01/1999 02/10/2000 05/10/2000 (pronunciation) 15/10/2004 20/11/2004
Dt.Fato: Receipt of the complaint Publication of Judgement ....................... ......... Trans. Indictment dismissed ......... Trans. Judged Defense
Backward intercurrent.

ANSWER: 2
Yes, for the prescription of the punitive claim, the retroactive period runs from the date of the statement (02/15/2005) to the date of the event (01/12/1999), which amounts to a period of more than five years. As punishment for this case was a minimum sentence of serious bodily injury, or one year of solitude, as described in Article 129, § 1, I, CP, resulting in an inability to perform usual activities of the victim for more than 30 days.