Hacia una nueva regulación de la prescripción en los delitos contra la administración pública : un debate de actualidad
In: Themis. Coimbra. A.8,n.14 (2007) , p.139-180Idioma: Português.Assunto: DELITO | ADMINISTRAÇÃO PÚBLICA | DIREITO CONSTITUCIONAL | CONCURSO DE INFRACÇÕES Localização e Cota : P.279 Resumo: In this article one will assess the legitimacy and the purpose of the periods of prescription (extensions of the criminal statute of limitations) to commence proceedings and also the ongoing periods of prescription reformation proposals within the fight against corruption taking place in several jurisdictions. By analysing the mechanics underlying this legal concept, one will recall that there are circumstances (e.g. the suspension of the statute of limitations) which serve as checks and balances within the system, provided that these are all constrained, thus enabling one to reinstate the system's fairness. By increasing legal time, by disregarding periods of prescription (imprescriptibility) or causing its eternal delay one does not achieve any forestalling of the effects of time. As Dalí's imagery and Proust's prose demonstrate, time is no forgiver. Without the legal concept the applicability of the criminal statute of limitations, State power will simply turn out to be aggression once more.| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
| Analíticos de Periódicos | Biblioteca da Direção-Geral de Reinserção e Serviços Prisionais | P.279 (Browse shelf) | Available |
In this article one will assess the legitimacy and the purpose of the periods of prescription (extensions of the criminal statute of limitations) to commence proceedings and also the ongoing periods of prescription reformation proposals within the fight against corruption taking place in several jurisdictions. By analysing the mechanics underlying this legal concept, one will recall that there are circumstances (e.g. the suspension of the statute of limitations) which serve as checks and balances within the system, provided that these are all constrained, thus enabling one to reinstate the system's fairness. By increasing legal time, by disregarding periods of prescription (imprescriptibility) or causing its eternal delay one does not achieve any forestalling of the effects of time. As Dalí's imagery and Proust's prose demonstrate, time is no forgiver. Without the legal concept the applicability of the criminal statute of limitations, State power will simply turn out to be aggression once more.
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