Statute of limitations

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annejanes
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Statute of limitations

Post by annejanes »

Not exactly what I'm after but does anyone know if there is a time period after an arrest in which the trial must take place?
mannanman
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Re: statue of limitations

Post by mannanman »

It’s Statute not statue and depends on the offence and many other factors, and only applies to the USA I believe.

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John Bingham
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Re: statue of limitations

Post by John Bingham »

mannanman wrote: Wed Jun 16, 2021 5:08 pm It’s Statute not statue and depends on the offence and many other factors, and only applies to the USA I believe.

Are you from Florida?
Thailand has a statute of limitations too, I'd imagine many countries do.
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mannanman
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Re: statue of limitations

Post by mannanman »

John Bingham wrote: Wed Jun 16, 2021 6:01 pm
mannanman wrote: Wed Jun 16, 2021 5:08 pm It’s Statute not statue and depends on the offence and many other factors, and only applies to the USA I believe.

Are you from Florida?
Thailand has a statute of limitations too, I'd imagine many countries do.
I was thinking other countries do but western? Does Australia,England Europe?
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ergosemper
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Re: statue of limitations

Post by ergosemper »

mannanman wrote: Wed Jun 16, 2021 6:31 pm
John Bingham wrote: Wed Jun 16, 2021 6:01 pm
mannanman wrote: Wed Jun 16, 2021 5:08 pm It’s Statute not statue and depends on the offence and many other factors, and only applies to the USA I believe.

Are you from Florida?
Thailand has a statute of limitations too, I'd imagine many countries do.
I was thinking other countries do but western? Does Australia,England Europe?
The United Kingdom has no statute of limitations for any criminal offence, except for summary offences. The Crown will pursue prosecution irrespective of how long ago the offence was committed. Limitation periods do apply to many aspects of business and consumer litigation, including debt recovery and civil matters. Commonwealth countries follow the UK legal system. As such, you will find that Australia, NZ, Canada, Singapore, Malaysia etc have no statute of limitations.

EU countries do have statutes of limitation, the length of which depends on the maximum sentence that can be meted for the offence committed. Calculation of the prescription time is a complex one. It can be suspended if the offender is a fugitive from justice or a wanted absconder. In some countries (like Germany) it will remain suspended if the fugitive is outside the European Union or if the requesting country is actively seeking extradition and the requested country has not ruled on the request with finality, effectively tolling the statute of limitations.

In the EU, this means it can be prolonged by half of the maximum time if the offence is a capital or serious one. In some countries in the EU, the maximum time is twice the statute of limitations (the statute of limitations x 2 = absolute statute of limitations) irrespective of suspensions or prolongation orders. There is no statute of limitations for murder and attempted murder. For sex crimes, the EU has introduced legislation which stretches the statute of limitations to a considerable extent (a very good thing!) and the calculation usually starts from a certain age of the victim (usually 18 but in some countries 32 to account for historical offences).

More about tolling of the statute of limitations:

https://www.nolo.com/legal-encyclopedia ... 28325.html

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epidemiks
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Re: statue of limitations

Post by epidemiks »

Yes Cambodia has a statute of limitations under the civil code - 5 years. IANAL, but afaik it does not have anything bearing on how long someone can be held without trial.
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newkidontheblock
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Re: statue of limitations

Post by newkidontheblock »

annejanes wrote:Not exactly what I'm after but does anyone know if there is a time period after an arrest in which the trial must take place?
There is a clause in US law of the right to a speedy trial. Generally, after an arrest, the judge will have an arraignment hearing to set a trial date. There is a grand jury trial of bill or no bill (ie, if a law was broken), bond hearing, and then trial date.

There is actually no time period. Just the right that it is ‘speedy’. Interpretation - the defendant gets a trial date.
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newkidontheblock
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Re: statue of limitations

Post by newkidontheblock »

annejanes wrote:Not exactly what I'm after but does anyone know if there is a time period after an arrest in which the trial must take place?
Statute of limitations is how long once can be arrested and tried once a criminal act is committed.

Title is totally different from what you are asking.

Sorry for the double response.
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BklynBoy
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Re: statue of limitations

Post by BklynBoy »

newkidontheblock wrote: Wed Jun 16, 2021 7:54 pm
annejanes wrote:Not exactly what I'm after but does anyone know if there is a time period after an arrest in which the trial must take place?
There is a clause in US law of the right to a speedy trial. Generally, after an arrest, the judge will have an arraignment hearing to set a trial date. There is a grand jury trial of bill or no bill (ie, if a law was broken), bond hearing, and then trial date.

There is actually no time period. Just the right that it is ‘speedy’. Interpretation - the defendant gets a trial date.
somewhat related--- I was just a grand juror in Brooklyn for 1 month. Was an interesting, educational and frustrating experience. I couldn't believe it's allowed -- Unless meet specific requirements its hard to get out of it. Grand Jury is different then a regular juror

we heard multiple cases a day. The issue w/ work it creates a burden on employees and employer. HOw the hell can someone afford to miss 1 month's worth of pay? My job paid me for 2 weeks and 2nd two weeks got paid 40 per day.. horrible
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annejanes
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Re: statue of limitations

Post by annejanes »

epidemiks wrote: Wed Jun 16, 2021 7:52 pm Yes Cambodia has a statute of limitations under the civil code - 5 years. IANAL, but afaik it does not have anything bearing on how long someone can be held without trial.
yes. I meant in cambodia. guess 5 years could be it. Can be held for 6 months without a trail but they are holding the opposition and environmental protesters longer because...
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