Hospitality towards Public Action Prescription

Extract

[...] It is in this sense that the legislator has reproduced new offenses, modifying the starting point of the prescription of public action. This is how the prescription period for public action has been doubled in delictual and penal matters (now 6 and 20 years respectively), while it has stabilized in contraventional matters year elapsed). Therefore, it is necessary to question the hospitality of this innovative legislative act towards the prescription of public action. Thus, it is necessary to consult the reform of the common law prescription before advancing the new rules related to applicability in time (II). [...]

[...] Thus, hospitality towards the prescription of public action remains one of the priorities and prerogatives of public power subject to the will of the legislator in legal matters. From then on, hospitality - which can be summarized according to the words of Anne Gotman's work1 as the foundation of the social bond fabric. Having gradually become an essential tool of criminal policy, the prescription is often criticized by doctrine as being a source of insecurity, particularly due to the contested, pretentious development of a special law on the criminal prescription of concealed offenses. [...]

[...] The mutation of the common law regime of prescription The modifications brought in the context of prescription periods, particularly in view of the introduction of the extension of prescription periods and the establishment of the deadline date The establishment of an extension of prescription periods is inscribed in the will of the legislator to implement a longer period. In fact, through the application of the law of 27 February 2017 n°2017-242, we notice a doubling of the prescription periods. Therefore, these periods are doubled within the framework of the common law regime relating to criminal and delictual matters. Therefore, these measures demonstrate a greater hospitality of the prescription of public action. [...]

[...] However, prescription always begins at the time of the committed offense. Furthermore, we notice this hospitality through the establishment of a deadline date, relevant to a necessity in the context of prescription, referring to the reflections made by Jean-Claude Domenget2. In fact, this deadline date was established by the legislator in order to prevent the generalization of the practice of the so-called infractions dissimilés or occultes : that is to say, the offenses for which it is difficult to know the date on which the offense begins to run. [...]

[...] For example, the implementation of the provisions of Law No. 2019-222 of March on programming 2018-2022 and reform for justice can be taken into account.3. However, in view of the legal security that the administrative judge imposes on the legislator - to the extent that it is a general principle of law -CE KPMG and others), the prescription deadlines cannot be applied to ongoing procedures but are subject to immediate application for new deadlines, thus mechanically replacing the old ones. [...]