It is necessary to decide that the civil court has the mission of determining
Posted: Wed Jan 22, 2025 7:16 am
“The hypothesis directly provided for by the texts of the Code of Criminal Procedure is that in which the act punished by criminal law did not give rise to any repressive persecution; it was not, therefore, qualified and characterized by a criminal judge. It is necessary to decide that the civil court has the mission of determining its criminal nature in order to conclude from this that the prescription to be applied is the prescription established by criminal law”.
15. In Belgium, HENRI DE PAGE explains in the same way the reason for sms gateway taiwan unifying the statute of limitations of civil actions with that of criminal actions: it is to avoid the scandal of finding in a civil action the existence of a crime that cannot be punished because it is statute-barred
“And why does the civil action fall under the abbreviated prescription of the criminal action? First and foremost; to avoid the scandal that would result from a civil conviction against a recognized culprit; against a person who should be punished, but who can no longer be… In a word: it cannot be admitted that a civil action reveals that a crime has not been punished
16. However, it may be the case, as in the case of the consultation, that the limitation period for the civil action is shorter than the limitation period for the criminal action, depending on the classification of the sentence. In this case, the reason for the law to unify the limitations disappears, and the following lesson can be accepted and adopted:
15. In Belgium, HENRI DE PAGE explains in the same way the reason for sms gateway taiwan unifying the statute of limitations of civil actions with that of criminal actions: it is to avoid the scandal of finding in a civil action the existence of a crime that cannot be punished because it is statute-barred
“And why does the civil action fall under the abbreviated prescription of the criminal action? First and foremost; to avoid the scandal that would result from a civil conviction against a recognized culprit; against a person who should be punished, but who can no longer be… In a word: it cannot be admitted that a civil action reveals that a crime has not been punished
16. However, it may be the case, as in the case of the consultation, that the limitation period for the civil action is shorter than the limitation period for the criminal action, depending on the classification of the sentence. In this case, the reason for the law to unify the limitations disappears, and the following lesson can be accepted and adopted: