CRIMINAL OFFENCES WITH NO STATUTE OF LIMITATIONS AND NON-RETROACTIVE NATURE OF THE CRIMINAL LAW
Abstract
The concept of criminal offences with no statute of limitations poses some problems with regard to the possibility of retroactive application of the rules establishing this principle.
A declaration in international circles that crimes which are normally committed by a State or by its agents or associated structures cannot be subject to a statute of limitations, where this limitation exists for these crimes in the domestic legislation, amounts to a declaration that the regime that committed, tolerated, or concealed those crimes is illegitimate.
Thus the application of the principle of the non-retroactive nature of unfavourable criminal-law legislation, which is a consequence of the principle of legality and not the principle of legitimacy, ought to be made relative to the position held by the judge with regard to the legal system under which a statute of limitations is applied to criminal offences.
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