Non-Applicability of Statutory Limitations – The Antidote of the Prescription of Criminal Liability
Non-Applicability of Statutory Limitations – The Antidote of the Prescription of Criminal Liability

Author(s): Petronela Simona Brezeanu
Subject(s): Criminal Law, Criminology
Published by: Scientia Moralitas Research Institute
Keywords: prescription; deadlines; non-applicability of statutory limitations
Summary/Abstract: Prescription of criminal liability represents forfeit the right to action if not exercised within the limitation period. Consequently, this institution represents the time factor that constitutes the basis of criminal liability. The New Penal Code provides for a series of offenses for which the criminal statute of limitations does not apply. Such are the prescriptible crimes of genocide, against humanity and war, crime of murder, qualified murder, as well as intentional crimes followed by the death of the victim. In the case of complex offenses that absorb any of the aforementioned offenses (e.g., contempt), the statute of limitations operates even if the offense remained in the stage of an attempt to consume it.

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