STATUTE OF LIMITATIONS AND DEFAULT, A NEXUS OF ACCESS TO JUSTICE AND REASONABLE TIME

Abstract

In the field of criminal and procedural law, for years there has been a debate surrounding the issue of statute of limitations (for criminal prosecution and sentencing), specifically regarding its application in cases where the accused is in default. This constant variety of opinions and reasoning has gained prominence in criminal forensic practice with the enactment of the Penal Code. Judges, prosecutors, state attorneys, and both public and private defenders hold their stance related to whether or not the conditions established by law concur, and how to treat the concept of statute of limitations. For this reason, without intending to offer conceptual innovations, recourse is made to definitions provided by renowned authors, in order to contribute theoretical tools, doctrine, and national jurisprudential foundations as well as comparative law that are useful and necessary. The aim of this article is practical: to propose an approach for handling the legal figure of statute of limitations for criminal prosecution and sentencing in relation to cases where the defendant is in default.