The statute of limitations for criminal prosecution does not apply to which crimes?
(Baonghean.vn) - Mr. Nguyen Van Tinh, residing in Nghi Loc district, asked: How is the statute of limitations for criminal prosecution regulated? Which crimes are not subject to the statute of limitations for criminal prosecution?
Reply:
Criminal prosecution is the application of criminal procedural measures through stages from initiating a case, prosecuting the accused, to investigation, prosecution and trial to force people who have committed acts that are dangerous to society and are defined as crimes by the Penal Code to be responsible for those acts, that is, to be punished.
A person who is able to perceive his or her behavior and control it is a person with criminal capacity and will be held criminally responsible if he or she commits a socially dangerous act as prescribed in the Penal Code.
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.
BasekeepArticle 27The Penal Code 2015, amended and supplemented in 2017, stipulatesStatute of limitations for criminal prosecutionas 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.
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 a maximum penalty of more than 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.
Article 28The Penal Code 2015, amended and supplemented in 2017, stipulatesNo statute of limitations for criminal prosecutionfor the following crimes:
1. Crimes against national security prescribed in Chapter XIII of this Code;
2. Crimes of undermining peace, crimes against humanity and war crimes specified in Chapter XXVI of this Code;
3. The crime of embezzlement of property falls under the provisions of Clause 3 and Clause 4, Article 353 of this Code; the crime of accepting bribes falls under the provisions of Clause 3 and Clause 4, Article 354 of this Code..
The above regulation on crimes not subject to the statute of limitations for prosecution demonstrates the spirit of uncompromising determination towards crimes that affect the building and protection of a State of the people, by the people, for the people; the protection of peace, the fight against aggressive wars and corruption crimes.