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Main article: "Limitation Periods in the UK

Unlike other European countries, the United Kingdom has no statute of limitations for serious sexual crimes.[24]

United States[edit]

Fraud upon the court[edit]

When an "officer of the court is found to have fraudulently presented facts to impair the court's impartial performance of its legal task, the act (known as fraud upon the court) is not subject to a statute of limitation. Officers of the court include lawyers, judges, referees, "legal guardians, parenting-time expeditors, mediators, evaluators, administrators, special appointees and any others whose influence is part of the judicial mechanism. Fraud upon the court has been defined by the "7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication".[25] In Bulloch v. United States, the "10th Circuit Court of Appeals ruled: "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function—thus where the impartial functions of the court have been directly corrupted."[26]

Heinous crimes[edit]

Crimes considered heinous by society have no statute of limitations. Although there is usually no statute of limitations for murder (particularly "first-degree murder), judges have been known to dismiss murder charges in "cold cases if they feel the delay violates the defendant's right to a speedy trial.[27]

Continuing-violations doctrine[edit]

In "tort law, if a defendant commits a series of illegal acts against another person (or in criminal law if someone commits a continuing crime) the limitation period may begin to run from the last act in the series. In the "8th Circuit case of Treanor v. MCI Telecommunications, Inc., the court explained that the continuing-violations doctrine "tolls [freezes] the statute of limitations in situations where a continuing pattern forms due to [illegal] acts occurring over a period of time, as long as at least one incident ... occurred within the limitations period."[28] Whether the continuing-violations doctrine applies to a particular violation is subject to judicial discretion; it was ruled to apply to "copyright infringement in Taylor v. Meirick (712 F.2d 1112, 1119; 7th Cir. 1983) but not in Stone v. Williams (970 F.2d 1043, 1049–50; 2d Cir. 1992).[29]

South Korea[edit]

In July 2015 the National Assembly abolished a 25-year-old statute on first degree murder; it had previously been extended from 15 to 25 years in December 2007.

See also[edit]

References[edit]

  1. ^ a b "Statute of Limitations". California Court Judicial Branch. Public Access Records. Retrieved 6 June 2014. 
  2. ^ California Courts, Judicial Council. "Public Access Records". California Courts. Rewriting Amendments. Retrieved 6 June 2014. 
  3. ^ Special Historic Session. "Opening Remarks:HistoricSpecial section" (PDF). www.courts.ca.gov. Supreme Court Of California. Retrieved 6 June 2014. 
  4. ^ Halsbury's Laws of England, 4th edition
  5. ^ Allen, Danielle S. (2003). The World of Prometheus: The Politics of Punishing in Democratic Athens. Princeton University Press. p. 154. "ISBN "0-691-09489-6. 
  6. ^ Gabelli v. Securities and Exchange Commission.
  7. ^ Macy J. (2013). Opinion analysis: That which does not kill the SEC may make the agency stronger. "SCOTUSblog.
  8. ^ "La prescrizione del reato dopo la ex-Cirielli". Diritto Penale. Retrieved 5 June 2013. 
  9. ^ "Codul Penal, Articolul 180 – Prescripția". Retrieved 9 October 2013. 
  10. ^ Ridley, Yvonne. "Bush Convicted of War Crimes in Absentia". www.foreignpolicyjournal.com. Foreign Policy Journal. Retrieved 12 October 2014. 
  11. ^ "Parliamentary Inquiry On The Handling Of Child Abuse By Religious And Other Non-Government Organisations" (PDF). "Parliament of Victoria. Retrieved 2014-07-31. 
  12. ^ "Parliament of Victoria". Inquiry Into The Handling of Child Abuse by Religious and Other Organizations. Retrieved 9 May 2013. 
  13. ^ "Victoria ends statutory time limit on historical child sex abuse cases". www.theaustralian.com.au. Australian Associated Press. Retrieved 12 October 2014. 
  14. ^ "Inquiry Into the Handling of Child Abuse by Religious and Other Organisations" (PDF). "Parliament of Victoria. Retrieved 2014-07-31. 
  15. ^ "Waller Legal response" (PDF). "Parliament of Victoria. Retrieved 2014-07-31. 
  16. ^ "A Submission by Care Leavers Australia Network (CLAN) to the Inquiry into the handling of child abuse by religious and other organisations" (PDF). "Parliament of Victoria. Retrieved 2014-07-31. 
  17. ^ "Broken Rites response" (PDF). "Parliament of Victoria. Retrieved 2014-07-31. 
  18. ^ "Inquiry Into the Processes by Which Religious and Other Non-government Organisations Respond to the Criminal Abuse of Children by Personnel Within Their Organisations" (PDF). "Parliament of Victoria. Retrieved 2014-07-31. 
  19. ^ "Criminal Procedure". thecanadianencyclopedia.ca. The Canadian Encyclopedia. Retrieved 2 October 2014. 
  20. ^ "Criminal Code". Section 46: Government of Canada. Retrieved 16 July 2015. 
  21. ^ "Limitation Periods in Canada's Provinces and Territories" (PDF). fenninsurance.com. Olga Gil Research Services. Retrieved 30 October 2008. 
  22. ^ "Limitations Act, 2002, S.O. 2002, c. 24, Sched. B". E-laws.gov.on.ca. Retrieved 2014-07-31. 
  23. ^ http://comtax.up.nic.in/Miscellaneous%20Act/limitation-act-1963.pdf
  24. ^ "Should Britain have a Statute of Limitations on sex crimes?". Theopinionsite.org. 2011-03-19. Retrieved 2014-07-31. 
  25. ^ Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2nd ed., p. 512, ¶ 60.23
  26. ^ Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985)
  27. ^ "Sixth Amendment - Limited Protection Against Excessive Prosecutorial Delay". Northwestern University School of Law. The Journal of Criminal Law and Criminology. Retrieved 12 October 2014. 
  28. ^ http://www.ca8.uscourts.gov/opndir/00/01/991836P.pdf
  29. ^ http://gonzagalawreview.org/files/2011/02/Graham.pdf
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