Interception of Criminal Prescription
A Comparative Study
DOI:
https://doi.org/10.35246/jols.v37i2.566Keywords:
Interception, Prescription Start, Interruption, Criminal Case, Penalty, Crime, Validity, StopAbstract
Criminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stability that all legal systems aspire to. However, the Iraqi criminal legislation did not take this system as a general principle or rule and was limited to some applications in the special penal laws. However, it did not build the provisions related to the Interception of Criminal Prescription such as suspension and interruption and the consequences thereof represented in the lapse of the past period and the start of its calculation again - interruption -, Or it just results in the suspension of the period until its demise- suspension of the criminal prescription-.
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References
First: General and legal books
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Third: Legislation
i. Lebanese Penal Law No. 340 of 1943 as amended.
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v. The French Law of Criminal Procedure of 1958.
vi. Kuwaiti Penal Law No. 16 of 1960.
vii. Kuwaiti Criminal Procedures and Trials Law No. 17 of 1960.
viii. Jordanian Penal Law No. 16 of 1960.
ix. Jordanian Law of Criminal Procedure No. 9 of 1961.
x. Tunisian Law of Criminal Procedure No. 23 of 1968, as amended.
xi. Iraqi Publications Law No. 206 of 1968.
xii. Iraqi Penal Law No. 111 of 1969.
xiii. Iraqi Criminal Procedure Law No. 23 of 1971.
xiv. Iraqi Juvenile Care Law No. 76 of 1983.
xv. Iraqi Customs Law No. 23 of 1984.
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