WHAT IS THE PROPER ACTION OF THE COURT WHEN THE ACCUSED RAISES THE DEFENSE OF PRESCRIPTION?
Category: Criminal Procedure
WHAT IS THE PROPER ACTION OF THE COURT WHEN THE ACCUSED RAISES THE DEFENSE OF PRESCRIPTION?
> The proper action for the court is to exercise its jurisdiction and to decide the case upon the merits, holding the action to have prescribed and absolving the defendant
> The court should not inhibit itself because it doesn’t lose jurisdiction over the subject matter or the person of the accused by prescription
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
- CAN THE ACCUSED STILL RAISE PRESCRIPTION AS A DEFENSE EVEN AFTER CONVICTION? -
- FOR CRIMINAL OFFENSES, WHEN DOES THE PERIOD FOR PRESCRIPTION COMMENCE? -
- Prescriptive Periods of Crimes -
- WHY IS PRESCRIPTION A GROUND FOR A MOTION TO QUASH? -
- EFFECT OF MARRIAGE OF THE OFFENDER WITH THE OFFENDED PARTY IN PRIVATE CRIMES -
WHAT IS THE PROPER ACTION OF THE COURT WHEN THE ACCUSED RAISES THE DEFENSE OF PRESCRIPTION?
Category: Criminal Procedure
WHAT IS THE PROPER ACTION OF THE COURT WHEN THE ACCUSED RAISES THE DEFENSE OF PRESCRIPTION?
> The proper action for the court is to exercise its jurisdiction and to decide the case upon the merits, holding the action to have prescribed and absolving the defendant
> The court should not inhibit itself because it doesn’t lose jurisdiction over the subject matter or the person of the accused by prescription
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
- CAN THE ACCUSED STILL RAISE PRESCRIPTION AS A DEFENSE EVEN AFTER CONVICTION? -
- FOR CRIMINAL OFFENSES, WHEN DOES THE PERIOD FOR PRESCRIPTION COMMENCE? -
- Prescriptive Periods of Crimes -
- WHY IS PRESCRIPTION A GROUND FOR A MOTION TO QUASH? -
- EFFECT OF MARRIAGE OF THE OFFENDER WITH THE OFFENDED PARTY IN PRIVATE CRIMES -