The Federal Supreme Court (STF) has ruled that the Non-Prosecution Agreement (ANPP) can be applied retroactively, i.e. in cases that have not yet been definitively convicted This means that cases in progress before the institute was created can benefit from this measure.
What is the Non-Prosecution Agreement?
The Non-Prosecution Agreement is a decriminalization mechanism, formalized through an agreement signed between the Defendant/Investigated and the Public Prosecutor’s Office It applies to crimes committed without violence or serious threat, outside the context of domestic violence, and for which the minimum sentence is less than four years The conditions of the agreement must be met in order to avoid a longer and more stressful prosecution.
The ANPP is a consensual measure that serves as an alternative to avoiding criminal proceedings, which tend to be slower and more stressful.
The STF’s decision establishes that the request to offer the agreement can be made until the conviction has become final, confirming that the Non-Prosecution Agreement can be applied to cases initiated before its creation, which occurred with the enactment of Law No. 13,964/2019, known as the “Anti-Crime Package”.
Case of retroactivity of the PNA
Recently, after ruling on the retroactivity of the ANPP, the STF ordered the return of a case in which a conviction had already been handed down to the original court, in order to allow the defendant the right to request the ANPP.
In the case in question, the Superior Court of Justice (STJ) had denied the defendant the right to the ANPP on the grounds that it would not be possible to apply the institute after the conviction had been handed down.
The STF’s decision also benefits crimes against the tax order, since all types have a minimum sentence of less than four years and do not involve violence or serious threats
Positive aspects of the Non-Prosecution Agreement
In crimes against the tax order, full or partial reparation of the damage is not essential for the agreement to be signed and, depending on the specific case, another condition can be established that is suitable and sufficient for the prevention and prosecution of the criminal offense
This STF decision opens up new possibilities for the defense in criminal proceedings, especially in cases related to crimes against the tax order, with the possibility of negotiating agreements even after the conviction has been handed down
Taxpayers gain a powerful tool for securing favorable results In addition, this retroactivity can translate into a significant reduction in costs and risks for companies and individuals involved in litigation, highlighting the importance of specialized legal advice that is up-to-date with the latest court rulings
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