Prescription
In civil law countries, almost all lawsuits must be started within a legally determined period. If they are presented after that time, an institution called prescription applies, which prevents them from filing the case.
The Italian case is quite peculiar in this regard since lawsuits and trials must be ended, rather than started, within such a time limit (this applies only to criminal proceedings). This makes it effectively possible to avoid a guilty sentence by delaying the trial enough for the time limit to expire.
For criminal cases, this means that the public prosecutor must prosecute within some time limit. The time limit varies from country to country, and increases with seriousness of the alleged crime (for example, in most jurisdictions, there is no statute of limitations for murder). When a time limit is suspended, it does not run (akin to hitting "Stop" on a stopwatch). Common triggers include the defendant being on the run. When a time limit is interrupted, it is restarted (like hitting "Reset" on a stopwatch). This may be triggered by a new crime committed.
If a criminal is on the run, he can be convicted in absence, in order to prevent prescription, or the time limit does not elapse during that time.
The prescription must not be confused with the need to prosecute within "a reasonable delay", an obligation imposed by the European Court of Human Rights. Whether the delay is reasonable or not, will depend on the complexity of the trial and the attitude of the suspect.
Read more about this topic: Statute Of Limitations
Famous quotes containing the word prescription:
“Women are taught that their main goal in life is to serve others—first men, and later, children. This prescription leads to enormous problems, for it is supposed to be carried out as if women did not have needs of their own, as if one could serve others without simultaneously attending to one’s own interests and desires. Carried to its “perfection,” it produces the martyr syndrome or the smothering wife and mother.”
—Jean Baker Miller (20th century)
“The belief that there are final and immutable answers, and that the professional expert has them, is one that mothers and professionals tend to reinforce in each other. They both have a need to believe it. They both seem to agree, too, that if the professional’s prescription doesn’t work it is probably because of the mother’s inadequacy.”
—Elaine Heffner (20th century)
“I am like a doctor. I have written a prescription to help the patient. If the patient doesn’t want all the pills I’ve recommended that’s up to him. But I must warn that next time I will have to come as a surgeon with a knife.”
—Javier Pérez De Cuéllar (b. 1920)