Prescription of Crime

Summary

This educational video discusses the concept of 'prescription of crime' as defined in the Revised Penal Code (RPC). It explains that prescription refers to the state's loss of the right to prosecute a crime after a certain period. The prescriptive period starts when the crime is discovered, not when it was committed. Different crimes have varying prescriptive periods, ranging from months to decades depending on the severity of the offense. The video emphasizes the importance of filing complaints within these prescribed periods, ensuring timely prosecution.

Takeaways

• 📚 Prescription of crime refers to the loss of the state's right to prosecute a crime due to the passage of time.
• 🕒 The prescriptive period begins from the day the crime is discovered, not when it was committed.
• ⚖️ The discovery of the crime must be made by the offended party, authorities, or agents.
• 📆 For defamation or malicious imputation of a crime, the prescriptive period is one year from the time of discovery.
• 🏛️ The prescriptive period for filing a complaint or information in court varies depending on the severity of the crime.
• ⏳ Crimes punishable by reclusion perpetua or death have a 20-year prescriptive period.
• 📜 Crimes punishable by other afflictive penalties prescribe in 15 years.
• 📝 Crimes with correctional penalties have a prescriptive period of 10 years, except for those under arresto mayor, which prescribe in five years.
• 🔍 For light offenses, the prescriptive period is two months from the time of discovery.
• 💡 The key factor in determining the prescriptive period is the discovery of the crime, not the actual commission.

Q & A

What is the prescription of crime as defined under the Revised Penal Code (RPC)?

The prescription of crime refers to the loss or forfeiture of the right of the state to prosecute a crime after a certain period. It means the state can no longer pursue litigation or investigation of the crime committed by a person once the prescriptive period has lapsed.

When does the prescriptive period for a crime begin?

The prescriptive period begins from the day the crime is discovered by the offended party, the authorities, or their agents, not from the day the crime was committed.

What is an example of a crime with a one-year prescriptive period?

An example is slander (oral defamation), which has a prescriptive period of one year. If the victim does not file a complaint within one year from the discovery of the crime, the right to prosecute the crime is forfeited.

What happens if a crime is not discovered immediately by the offended party?

If the crime is not discovered immediately, the prescriptive period does not begin to run until the crime is discovered by the offended party, authorities, or their agents.

What is the prescriptive period for crimes punishable by reclusion perpetua or death?

The prescriptive period for crimes punishable by reclusion perpetua or death is 20 years.

What is the prescriptive period for crimes punishable by afflictive penalties?

Crimes punishable by afflictive penalties have a prescriptive period of 15 years.

How long is the prescriptive period for crimes punishable by correctional penalties?

The prescriptive period for crimes punishable by correctional penalties is 10 years, with the exception of those punishable by arresto mayor, which prescribes in five years.

What is the prescriptive period for light offenses?

Light offenses, such as minor criminal acts, have a prescriptive period of two months.

What is the prescriptive period for oral defamation or slander by deed?

The prescriptive period for oral defamation or slander by deed is six months.

Why is the discovery of the crime more important than the actual commission of the crime in determining the prescriptive period?

The discovery of the crime is crucial because the prescriptive period only starts when the crime is known to the offended party, authorities, or their agents. This ensures that the offender cannot evade prosecution simply because the crime was initially hidden.