Obligation to Denounce Facts Despite Prescription Acquisition

Extract

[...] The offense of non-denunciation would be an instant crime, i.e., one that is committed in a moment of time. Thus, as soon as the person becomes aware of the facts, the deadline begins to run. In this case, the bishop having become aware of the facts in 2010 and a crime being prescribed at the time for three years, then the offense of omission following non-denunciation could have been prosecuted until 2013. Meanwhile, for the facts of sexual assault reported to the bishop in July 2014 and June 2015, the bishop was exposed to the offense of non-denunciation until 2017 and 2018, three ans after the offence instantaneous. [...]

[...] In 2014, another victim contacted him to denounce the same facts from the same part of the same person. In 2015, this victim files complaint against the priest, who a recognized to have procedure of sexual abuse on many children until 1991 and who was sent to court penal. In 2015, a once adults, of victims on then filed a complaint for non reporting of sexual assaults on minors and omission to provide assistance. Following an investigation, the prosecutor of the Republic proceeded to a classification. [...]

[...] 20-81.196 - Did the defendant have an obligation to inform the authorities even though the victims were no longer vulnerable at the time of knowledge of the facts and the prescription of public action had been acquired? The chamber criminal of the Court of cassation est thea of the six rooms of the Court of cassation, high jurisdiction of the judicial order. It settles disputes in matters of crimes, misdemeanors and contraventions. On April 14 April 2021, it rendered a ruling relating to the constitutive elements of the offense of non-denunciation of sexual abuse on minors under fifteen years old. [...]

[...] The Court of appeal a declared extinct by prescription the action publish for a crime of non-denunciation by the bishop. In fact, it claims that this crime is an instantaneous offense, whose prescription starts running the day the accused became aware of the facts that they should have denounced, here in March 2010. The prescription of the ministry public of three ans au moment des faits a so been acquired in March 2013. Or, the prosecutor de the Republic a open a enquiry the 26 February 2016. [...]

[...] Indeed, on the one hand, the person aware of the facts would have an obligation to report them to the competent authorities, while the criminal judge then verifies whether the facts are time-barred. The Court of Cassation surprisingly admits that the whistleblower may not be aware of the statute of limitations, which is part of the law. While the obligation to report persists despite the acquisition of the statute of limitations, this obligation remains only if the person is vulnerable. II- The obligation to report the facts depends on the vulnerability of the victims The obligation to report sexual abuse facts is dependent on the vulnerability situation of the victims. [...]