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Victim and Assailant Involved with Violence and Injury
Time Limitation of Crimes under the Criminal Act
Effect of the Prescription of Crimes
- A person sentenced to punishment (excluding the death penalty) will be exempt from sentence execution after the time limitation (Article 77 of the Criminal Act).
Period of Time Limitation
- The period of time limitation shall end if the trial declaring the sentence determines that the sentence shall not be executed. The time limitation of each of the following penalties is categorized as follows.
· Death penalty: 30 years
· Imprisonment or imprisonment without labor for life: 20 years
· More than 10 years of imprisonment or imprisonment without labor: 15 years
· More than 3 years of imprisonment or imprisonment without labor or more than 10 years of suspension of qualification: 10 years
· Less than 3 years of imprisonment or imprisonment without labor or more than 5 years of suspension of qualification:: 7 years
· Less than 5 years of suspension of qualification, or fines, confiscation, or additional collection: 5 years
· Detention or penalty: 1 year
Suspension of Penalty Time Limitation
- The penalty’s time limitation period is suspended when the offender is arrested in the case of imprisonment, confinement, and detention, and when compulsory measures are initiated in the case of fines, surcharges, confiscation, and collection (Article 80 of the Criminal Act).
※ In this case, the time limitation shall be temporarily suspended until resumption. The total period of time limitation shall not include the suspended period.
- The time limitation period shall not be counted when the person confirmed to be penalized stays abroad before the penalty execution to be exempted from the punishment (Article 79, paragraph 2 of the Criminal Act).
Cessation of Penalty Time Limitation
- For the death penalty, imprisonment, imprisonment without labor, and detention, the time limitation shall cease after the prisoner is arrested. For fine, penalty, confiscation, and additional collection, the time limitation shall cease after the initiation of legal disposition (Article 80 of the Criminal Act).
※ The proceeded time limitation period will lose effect by the cessation of the penalty’s time limitation, so the time limitation period will restart after the cessation.