JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2008, Vol. 21 ›› Issue (2): 50-54.

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Retroaction of Limitations of Prosecution

ZHANG Bo   

  1. Party School of Zhejiang Committee of the CPC, Hangzhou 310012, China
  • Received:2007-09-17 Online:2008-06-25 Published:2010-05-13

Abstract:

Compared with the corresponding article in the 1979 criminal code, the provision of article 88 is a disadvantage for the defendant. This is also because the cri mes before the entry into force of the criminal code shall be subject to prosecu tion under the provisions of Section 8, Chapter IV of the general provisions of this law. Namely, this provision affirms retroaction of limitations of prosecuti on. If an act committed by a defendant under provision article 88, that has exce eded the period of limitations of the prosecution, it may inflict criminal respo nsibility. This provision violates the principle of ex post facto law prohibitio n, so, judicial construction adopted the dichotomy of explanation to confine app lying of this article.

Key words: limitations of prosecution, retroaction, escaping from investigation or trial

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