CHAPTER 9

PRESCRIPTION

 

Section 95.- In a criminal case, if the offender is not prosecuted and brought to the Court within the following specified periods of time as from the date of the commission of the offence, the prosecution shall he precluded by prescription :

(1) Twenty years in case of offences punishable with death, imprisonment for life or imprisonment of twenty years ;

(2) Fifteen years in case of offences punishable with imprisonment of over seven years but not up to twenty years ;

(3) Ten years in case of offences punishable with imprisonment of over one year up to seven years ;

(4) Five years in case of offences punishable with imprisonment of over one month up to one year ;

(5) One year in the case of offences punishable with imprisonment of one month downwards or other punishment.

If the offender has been prosecuted and brought to the Court, but the offender escapes, or is insane, and the Court gives order suspending the trial till the specified period has expired reckoning from the date of escape, or the date of giving order suspending the trial, it shall be deemed that prosecution be likewise precluded by prescription.

 

Section 96.- Subject to Section 95, in case of compoundable offence, if the injured person does not lodge a complaint within three months as from the date of offence and offender to be known by the injured person, the criminal prosecution is precluded by prescription.

 

Section 97.- In a prosecution for Restriction, if it is to be made after the prosecution of the case which is the basis giving rise to the power of prosecution for restriction, it must be made within six months reckoning from the day of prosecution of such case, otherwise it shall be precluded by prescription.

 

Section 98.- If any person, convicted by the final judgment, has not yet undergone the punishment, or has not completely undergone the punishment on account of having made an escape, and such person is not brought to undergo the punishment till the following periods of time reckoning from the day of the final judgment, or the day on which the offender has made the escape, as the case may be, the execution of punishment shall be precluded by prescription, and the punishment shall not be inflicted upon such person :

(1) After twenty years in case of a sentence to death, to imprisonment for life or to imprisonment of twenty years ;

(2) After fifteen years in case of a sentence to imprisonment of over seven years but not up to twenty years ;

(3) After ten years in case of a sentence to imprisonment of over one year up to seven years;

(4) After five years in case of a sentence to imprisonment of one year downwards or any other punishment.