چکیده:
Statute of limitations, as one of the grounds for the dismissal of public lawsuits, is usually divided into three types: statute of limitations for complaint, statute of limitations for prosecution, and statute of limitations for the execution of a judgment. In the laws before the revolution, the statute of limitations was explicitly stated, and its types could be inferred from the provisions of the General Penal Code and other laws. After the Islamic Revolution, the establishment of the statute of limitations faced Sharia-based objections and was finally accepted for certain crimes in 1999 through Articles 173 and 174 of the Code of Criminal Procedure for General and Revolutionary Courts. In Article 173 of the aforementioned law, alongside the statute of limitations for complaint, there is mention of a statute of limitations that bears no resemblance to the statute of limitations for prosecution. Furthermore, such a statute of limitations conflicts with the philosophy of accepting the statute of limitations and is also objectionable from a criminological perspective. In this article, an attempt has been made to critically examine the statute of limitations for prosecution due to the non-conforming understanding that the legislator and sometimes judges have of this establishment, taking into account the philosophy of accepting the statute of limitations, the administration of justice, and criminology.
خلاصه ماشینی:
(Ashouri, 120:2008) In the view of these authors, the meaning of the statute of limitations for complaint is the passage of a period after which it is no longer possible to file a complaint against the accused, similar to what was predicted in Article 48 of the General Punishment Law enacted in 1973 or what is currently observed in Article 11 of the Check Issuance Law. 2 Article 173 of the Code of Criminal Procedure for General and Revolutionary Courts, while paying attention to this type of statute of limitations, states: "In crimes where the legal punishment is of the type of deterrent punishment or security and educational measures, and from the date of the occurrence of the crime until the expiration of the specified periods mentioned below, a request for prosecution has not been made...
The meaning of accepting this type of statute of limitations is that if the accused is under prosecution and the prosecutorial and investigative actions in the case continue continuously, and neither the complainant nor the prosecutor has committed any negligence or shortcoming in the timely follow-up of the case, but the legal procedure of the case and time-consuming judicial actions cause the prolongation of proceedings and delay in the issuance of the verdict, society and the complainant will lose their right to pursue the punishment of the offender.
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