Questão jurídica principal
Whether the civil claim arising from the traffic accident was time-barred under the applicable prescription period
Decisão extraída
The claim was not time-barred because the applicable criminal-law limitation period had been interrupted before absolute prescription and a new five-year period ran from 10 November 2004 until 10 November 2009.
Fundamentação extraída
Because the accident constituted negligent homicide and grievous bodily harm, the longer criminal prescription applied under Art. 83 LCR. Under the lex mitior, the older five-year relative period was more favorable. An installment payment interrupted prescription before absolute prescription expired, so the civil action filed on 24 August 2009 was timely.