Sexual aggression. Prescription of crimes

Commentary on the Supreme Court of 10 June 2013

Abstract

The institute of the prescription of crimes in criminal law is of material and not procedural nature –rejecting any analogy with the civil prescription, which was leading to some courts to giving for the prescriptive term interrupted when the delay owed to the conduct of the imputed one–. In an ordinary procedure the decision on the prescription when it exists a processed person has to be adopted in last term as the competent Court for the prosecution and his resource to be admitted by the Supreme Court across a resource of cassation. This two essential beginning remains safeguarded: a) Though the prescription has been reminded initially by the Instructor, appeal has been granted in order that the Hearing could assume or reject it it. B) Opposite to the decision of the Hearing the resource of cassation is made possible. The supreme Court, he considers to be applicable the period of prescription fixed by the intermediate law for being more beneficial to the convict, for what it determines that the period of prescription was three years and not five current years for the crime in question.