Statute of limitations for 'criminal' cases and short-term 'civil' statutes of limitations مقاله

خلاصه ماشینی:

The Reims court, based on Article 637 of the French Criminal Procedure Code (Code of Criminal Investigation), which is formulated as follows: "The public and private aspects of a crime become subject to the statute of limitations after the passage of the legally prescribed years," ruled as follows: "It is an indisputable matter that this legal text has determined a period for the occurrence of the statute of limitations regarding the private aspect of the crime and has extended it as a principle- (1)- Articles 1 and 7 of the Law of July 5, 1934 has also extended it generally to the public aspect of the crime. In order to more accurately evaluate our inclination regarding the issue of the connection or independence of the two statutes of limitations, it must be said that the unity accepted by Article 637 of the Civil Procedure Code was severely criticized on fundamental grounds by the participants of the International Congress of Criminal Law held in Strasbourg in 1958, and the injustices resulting from the application of this principle have been discussed in detail. 3- Accepting the relationship between the two actions and accepting this fact—that the civil action arising from a crime becomes subject to the statute of limitations after a certain period of time, such that the public action is no longer binding thereafter—fulfills the theory that we have with the full and correct application of the Civil Code, but it does not cause any problem in terms of criminal law, the considerations we previously had in this regard, and what public order requires, nor does it create any problem regarding the role that short-term statutes of limitations play.