Conviction of criminal gang member indicted 22 years ago confirmed
The 3rd division of the Supreme Court (Chief Justice Roh Jeong-hee) announced on the 23rd that it had confirmed the lower court ruling that a criminal group member who disappeared after being indicted 22 years ago was exonerated on the ground that the statute of limitations had been exceeded.
According to the Supreme Court, the prosecution handed over Mr. A to trial on charges of assault in June 2000, but the trial was interrupted as he fled.
19 years later, the court resumed the trial without Mr.
The issue in the trial was the Criminal Procedure Act, which was amended in December 2007.
The Criminal Procedure Act has a statute of limitations, which is considered to be the completion of the statute of limitations after a certain period of time has elapsed after indictment, which has been extended from 15 years to 25 years.
The first and second trial courts ruled that Mr. A should be acquitted of the rules before the amendment.
It was cited as the basis for the amended Addendum of the Criminal Procedure Act, ‘The previous provisions shall apply to crimes committed before this Act came into force’.
However, the prosecution appealed, saying that the supplementary provisions only applied to the prescription of prosecution and not to the prescription of trial.
The Supreme Court did not accept the prosecution’s argument and dismissed the appeal.
The court said, “Considering that extending the prescription is a measure that is unfavorable to the accused, the purpose of the supplement is to apply the previous provisions to crimes committed before the enforcement of the amended Act.” judged
/yunhap news