Abdul Rahman Abdul Qader Abdul Nabi
DOI:
https://doi.org/10.58916/alhaq.vi.280Keywords:
statute of limitations – crime – lawsuit – effects – expiry.Abstract
Among the most significant crises facing criminal law is the issue of whether or not the statute of limitations exists. This statute of limitations is based on the notion that criminal prosecution is futile in punishing a crime after a certain period of time has passed from the date of the incident to the moment the criminal case is filed against the accused. In addition to the crisis of legal adaptation of the statute of limitations, the recognition of the importance of the statute of limitations and the trend towards its adoption in the criminal system profoundly raises the issue of its legal adaptation. The statute of limitations as a substantive rule has provisions and principles upon which it is based that differ from the provisions and principles of the statute of limitations as a procedural rule. The former is based on the fact that the statute of limitations is subject to the principle of substantive legality based on the idea of immediate effect, and that texts do not apply retroactively unless they are more beneficial to the accused, which is known as the statute of limitations that extinguishes the crime. Procedural statute of limitations, which is the reason for the expiration of the lawsuit, is based on the principle of procedural legality based on the fact that there is no criminal procedure except by law. This results in excluding the retroactive effect of the procedural text and resorting to the immediacy of these principles in determining the nature of the statute of limitations. Its importance is evident in its being the most effective means - if not the only one - that aims to find solutions to pending issues resulting from crimes committed under a law that stipulates the statute of limitations. As for criminal prosecution, it came after the adoption of Law No. 11 of 1997. Regarding the abolition of the statute of limitations.
Do the substantive provisions of the statute of limitations apply to such incidents, and does the crime lapse with the passage of time? Or do the procedural provisions of the statute of limitations apply, and does the crime not lapse with the passage of time? Considering that the criterion here is the date of the action, not the date of the incident.
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References
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Law No. (31) of 2013 Concerning the Abu Salim Prison Incident.
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Law No. (29) of 2013 regarding transitional justice.
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