Computation Of Prescription Of Offenses


ART. 91

NOTES:

If there is nothing concealed (appears in a public document),
the crime commences to run on the date of the commission.

The period of prescription for crimes which continue never runs.

Crime needs to be discovered by:
1. offended party
2. authorities
3. their agents

If a person witnesses the crime but only tells the authorities
25 years later, prescription commences on the day the authorities
were told.

What Interrupts Prescription?
   1. Preliminary examination or investigation
      which is similar to judicial proceeding
   2. Filing the proper complaint with the prosecutor’s office.
       Police not  included.
   3. Filing complaint with the court that has proper jurisdiction

The Period Commences To Run Again When The Proceeding Is Terminated:
   1. Without the accused being convicted or acquitted
   2. The proceeding is unjustifiably stopped for a reason not
      imputable to the offender.

When such proceedings terminate – termination that is final;
an unappealed conviction or acquittal

Unjustifiably stopped for any reason – ex: accused evades arrest,
proceedings must be stopped

NOTE: Art. 91 applies to a special law when said law does not
provide for the application but only provides for the period
of prescription.









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