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A Study on the Dispute over the Time Limit of Criminal Prosecution

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DOI: 10.23977/law.2024.030806 | Downloads: 6 | Views: 93

Author(s)

Sun Qianhui 1

Affiliation(s)

1 Law School, People's Public Security University of China, Beijing, 100032, China

Corresponding Author

Sun Qianhui

ABSTRACT

The statute of limitations for criminal prosecution is the effective period within which criminal responsibility can be pursued according to law. Under the context of lenient punishment, the statute of limitations system, as one of the grounds for the abolition of punishment, fully embodies the fundamental concept of human rights protection. The statute of limitations for criminal prosecution has substantive legal attributes; for criminal acts committed before October 1, 1997, if the statute of limitations has expired, the perpetrators liability will not be pursued; if it has not expired, according to the principle of "abatement," the Criminal Law Article 88 of 1997 will determine whether the perpetrator should be held criminally responsible, and the endpoint of the statute of limitations is the endpoint set by Article 8 7 of the Criminal Law for different periods based on the statutory maximum penalty.

KEYWORDS

Criminal procedure limitation system; retroactivity; criminal law; substantive law; the problem is raised

CITE THIS PAPER

Sun Qianhui. A Study on the Dispute over the Time Limit of Criminal Prosecution. Science of Law Journal (2024) Vol. 3: 42-46. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030806.

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