statute of limitations refers to the period of validity within which criminals are held accountable in accordance with the provisions of the Criminal Law. Criminals whose crimes have exceeded the time limit for prosecution prescribed by the Criminal Law shall not be investigated for their criminal responsibility; if they have been investigated for criminal responsibility, the case shall be dismissed.
Limitation period
for prosecution The period of limitation for prosecution is based on the severity of the statutory punishment for various crimes, and different lengths of limitation period for prosecution are respectively stipulated:
1. If the legal maximum penalty is less than 5 years of fixed-term imprisonment, the period of limitation for prosecution is 5 years;
2. If the legal maximum sentence is fixed-term imprisonment of more than 5 years but less than 10 years, the limitation period for prosecution is 10 years;
3. Where the legal maximum sentence is fixed-term imprisonment of more than 10 years, the limitation period for prosecution is 15 years;
4. The legal maximum sentence is life imprisonment , the death penalty, the statute of limitations for prosecution is 20 years. If it is deemed necessary to prosecute after 20 years, it can still be prosecuted after reporting to the Supreme People's Procuratorate for approval.
Statutory Situation of Statute of Limitation
for Prosecution The provisions on statutory punishment in the sub-rules of the Criminal Law of our country include several different situations:
when a crime has several sentencing ranges, the length of the limitation period for prosecution should be determined according to the actual situation of the crime, that is, the crime Which sentencing range is met, the statutory maximum sentence of that sentencing range should be used to determine the time limit for prosecution.
Not subject to the statute of limitations. According to the provisions of my country's Criminal Law, after a people's procuratorate, public security organ, or state security organ has filed a case for investigation, or has accepted a case in a people's court, those who evade investigation or trial are not subject to the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, and the people's court, the people's procuratorate, and the public security organ should file a case but do not file a case, the time limit for prosecution is not limited.
Time limit is interrupted. If another crime is committed within the time limit for prosecution, the time limit for prosecution of the previous crime shall be calculated from the date of the subsequent crime. Under normal circumstances, the period of limitation for prosecution is calculated from the date of the crime. However, if the criminal act is continuous or continuous, the period of limitation for prosecution is calculated from the date when the criminal act ends.
============= Note that if a case is filed, no matter how long it takes to prosecute, this is the case where the case is obviously filed. I don't know what the criminal law of South Korea is like, but the criminal law of South Korea is learned from Japan, so it should not be too different. In such a situation, the 15-year prosecution period is valid. At that time, as long as the arrest was announced during the live TV broadcast, it could be re-opened. Complaint expired. Unless the criminal law of the country is really stupid. The validity period of the criminal law is so prosecuted, someone must have been killed, but this person has no relatives and no reason, and no one knows about the killing. As a result, after the 20-year validity period of prosecution, the body was found, and you did not report the case at this time. It's okay, because it's been too long. And this case was filed 15 years ago, but the murderer could not be found. I don't know how the Korean criminal law is set up. Could it be that in 15 years or 25 years, if the murderer cannot be found, the case will not be solved, and the murderer will be arrogant and ignore it. There is no way to do it? It's not the Simpson case. The other person was acquitted by a court trial. There's no other way.
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