10 years after causing injury, will the offender still be criminally prosecuted?
Mr. A. injured another person with a 15% bodily injury rate in 2015, then fled. It was not until 2025 that the police were able to determine Mr. A's whereabouts. So in this case, will Mr. A still be prosecuted? This is a matter of concern for Ms. Ngan Thi Ha (Chau Khe commune, Nghe An).
Reply:According to Article 27 of the 2015 Penal Code, the statute of limitations for criminal prosecution is prescribed as follows:
Statute of limitations for criminal prosecution
1. The statute of limitations for criminal prosecution is the time limit prescribed by this Code, after which the offender will not be prosecuted for criminal liability.
2. The statute of limitations for criminal prosecution is prescribed as follows:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 15 years for very serious crimes;
d) 20 years for particularly serious crimes.
3. The statute of limitations for criminal prosecution is calculated from the date the crime was committed. If, within the time limit prescribed in Clause 2 of this Article, the offender commits a new crime for which this Code prescribes the highest penalty of over 01 year in prison, the statute of limitations for the old crime shall be recalculated from the date the new crime was committed.
If within the time limit prescribed in Clause 2 of this Article, the offender intentionally evades arrest and a wanted decision has been issued, the statute of limitations shall be recalculated from the time the person surrenders or is arrested.
For each type of crime, the statute of limitations for criminal prosecution is prescribed differently, specifically:
+ 05 years for less serious crimes;
+ 10 years for serious crimes;
+ 15 years for very serious crimes;
+ 20 years for particularly serious crimes.
The statute of limitations for criminal prosecution is calculated from the date the crime is committed.
If during the period of criminal prosecution, the offender commits a new crime for which the 2015 Penal Code prescribes the highest penalty level of over 01 year in prison, the statute of limitations for the old crime shall be recalculated from the date of committing the new crime.
If during the period of criminal prosecution the offender deliberately evades and there is a wanted decision, the statute of limitations shall be recalculated from the time the person surrenders or is arrested.
Thus, Mr. A. fled, so the statute of limitations has not been calculated during the time of escape, and will be recalculated from the time A was arrested in 2025. Therefore, A will still be prosecuted normally.
