1 day 3 hrs confidence:  peer agreement (net): +1 The right to prosecute shall lapse by lapse of time
Explanation:
Chapter VIII of KUHP deals with "Lapse of the right to prosecute and of the punishment" (official government translation). Pasal/Article 78 of KUHP reads: "(1) Kewenangan menuntut pidana hapus karena daluwarsa:..."
The official translation (issued by the Directorate General of Law and Legislation, Ministry of Justice, on 27 Feb 1982, reads: "(1) The right to prosecute shall lapse by lapse of time:..." In Article 79, KUHP deals with 'the term of lapse of time'.
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Note added at 1 day3 hrs (2010-02-08 09:47:30 GMT)
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I have the official translation, thanks to John Gare, who sent it to me 10 years ago when I was working for UNTAET Judicial Affairs in Dili. Thanks, John, I have referred to it so often over the years!
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Note added at 2 days9 mins (2010-02-09 06:10:05 GMT)
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While we can speak of a 'statute of limitations' in Western legal systems, i.e., systems based on British common law, there is no such thing in Indonesian law.
Example sentence(s):- (1) The right to prosecute shall lapse by lapse of time: (1st). in one year for all misdemeanours and for the crimes committed by means of the press; 2nd-ly, in six years for crimes upon which fine, custody or imprisonment of not more than ...
Reference: http://www.google.com.au/url?sa=t&source=web&ct=res&cd=3&ved...
Reference: http://www.google.com.au/url?sa=t&source=web&ct=res&cd=8&ved...
| Catherine Muir
Australia
Local time: 11:40
Specializes in field
Native speaker of: English
PRO pts in category: 53
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57 days confidence: the right to prosecute is expired
Explanation:
daluwarsa = expiration date
melampaui jangka waktu daluwarsa = expired
menuntut pidana = prosecute --> jaksa = prosecutor
bisa juga dibilang: the right to prosecute has expired (telah kadaluwarsa)
kewenangan seharusnya diterjemahkan "competence", tapi tidak masuk, karena kewenangan itu untuk pejabatnya, sedangkan penuntutan itu pada hakekatnya dilakukan oleh negara, dan adalah hak negara.
| l08l
United States
Local time: 08:40
Works in field
Native speaker of:  Indonesian
PRO pts in category: 12
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1 day 4 hrs confidence: The right of criminal action was (or has been) extinguished because of the expiry . . .
Explanation:
of the (relevant) prescriptive period. [Answer continuation]
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On the basis of these judgements it was argued that should the fact constituting the action upon which the civil proceedings are based be punishable by the Criminal Court, the applicable prescription period should be that regulated by the Criminal Code and not the Civil Code
http://www.independent.com.mt/news.asp?newsitemid=100745
The only data we have on hand is that the complaint was dismissed on March 27, 1952. The failure of the Government to furnish us sufficient data prevents us from concluding that the prescription period has not yet elapsed since the charge for attempted homicide may have been filed after March 20, 1952 and dismissed on March 27. Under the facts presently obtaining the only alternative is to dismiss the case as prayed for by the defense.
http://www.lawphil.net/judjuris/juri1954/jul1954/gr_l-6407_1...
What is the statute of limitations (prescription period) for criminal fraud?
The statute of limitations for criminal fraud may depend on the type of fraud, whether civil or criminal, and whether it is filed as a private case or a public case. As with all legal cases, filing claims promptly is very important and victims of fraud should consult with an attorney as soon as possible.
http://www.chaninatandleeds.com/guide/fraud.html
The next question to be resolved, then, is whether the Belgian statute establishing a prescription period for civil actions for wrongful death so qualifies and conditions the right of action as to extinguish it after the lapse of the applicable period of time. It is clear that in resolving this question, Mississippi would consider itself bound by the construction placed on the statute by the Belgium courts. Davis v. Meridian & Bigbee Railroad Company, 248 Miss. 707, 161 So.2d 171 (1964); Perkins v. Guy, supra; Hamilton v. Cooper, supra. Accord, Pulliam v. Gulf Lumber Company, supra n. 8; Goodwin v. Townsend, supra n. 9. This undertaking is made difficult, however, by the fact that a civil law jurisdiction seldom finds it necessary to construe its prescription statutes in such a way to make it easily apparent to a common law court whether the statute is considered substantive or procedural in the common law conflicts of law sense.
http://ftp.resource.org/courts.gov/c/F2/432/432.F2d.592.2826...
Article 90 of the Revised Penal Code provides:
-Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
-Crimes punishable by other afflicted penalties shall prescribe in fifteen years.
-Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.
-The crime of libel or other similar offense shall prescribe in two years.
http://www.lawphil.net/judjuris/juri1942/sep1942/gr_48224_19...
Law: Prescribe
To become invalidated or unenforceable by the process of prescription.
Law: Prescription (in context):
. . . .
c. Also called negative prescription. the loss of rights to legal remedy due to the limitation of time within which an action can be taken.
http://dictionary.reference.com/browse/prescription
In Scotland, limitation is called "prescription", but its effect is essentially the same. A right of action will be extinguished upon the expiry of the relevant prescriptive period. Section 6(1) of the Prescription and Limitation (Scotland) Act 1973 provides for what is termed the "short negative prescription" of five years. If no relevant claim is made within the period of five years, then the obligation to which the claim applied will be extinguished.
. . . .
The Court of Session in Scotland held that the date at which the prescriptive period started to run for such claims was the date of the final certificate under the construction contract, or in the absence of a final certificate, the date of the last interim payment certificate.
http://www.brewerconsulting.co.uk/cases/CJ0411RR.htm
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Note added at 9 days (2010-02-16 12:20:15 GMT)
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Pls refer to the ff URL re prescription period (period of limitations) in the 1918 Penal Code of Indonesia:
http://books.google.com.ph/books?id=yqLNtQZdGJEC&pg=PA69&lpg...
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Note added at 12 days (2010-02-19 12:01:15 GMT)
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Regarding the prescription period and the statute of limitations, the following information might be useful:
A statute of limitations is a statute in a common law legal system that sets forth the maximum time after an event that legal proceedings based on that event may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods."
http://www.answers.com/topic/statute-of-limitations
From the book: Statutory limitations in international criminal law
according to Ruth A. Kok
24. Indonesia
- 1918 Penal Code, Art. 78: 'The right to prosecute lapses upon the expiration of the period of limitation: a) after six years for serious offenses punishable by a fine, detention or imprisonment of not more than three years; b) after twelve years for serious offenses punishable by a term of imprisonment of more than three years; c) after eighteen years for serious offenses punishable by life imprisonment; d) with respect to a person, who has not reached the age of eighteen on the day of the commission of the crime, the prescription period will be reduced to one third of this term.'
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Note added at 110 days (2010-05-28 14:44:25 GMT)
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Law.
Prescribe, defined.
To become invalidated or unenforceable by the process of prescription.
http://dictionary.reference.com/browse/prescribe
| argosys
Local time: 09:40
Specializes in field
Native speaker of: English
PRO pts in category: 15
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