How is the statute of limitations for criminal prosecution determined?
Mr. Nguyen Van Toan, residing in Dien Chau district, asked: According to current law, how is the statute of limitations for criminal prosecution regulated?
Reply:
According to the Ministry of Public Security, Article 27 of the Penal Code stipulates the "Statute of limitations for criminal prosecution" as follows:
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 shall be 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 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.
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