Computation Of Prescription Of Offenses
On Criminal Law
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.
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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