GUIDELINES FOR LEGAL SOLUTIONS REGARDING THE STATUTE OF LIMITATIONS IN CRIMINAL CASES

Abstract

This study to research and find solutions to criminal law problems and measures in the criminal process prescription setting as shown in the text of the law and the theory of foreign law to be able to make the law clearer, more effective and avoid social disparities due to the further escape of the perpetrator or defendant. The study found that the statute on the subject matter should be added to the last paragraph of section 95 with the criteria "Except for the criminal offense which is punishable by death or the offense of defrauding the people. There is no precluded by prescription of the complaint”. According to the Criminal Code section 96 of the compoundable offenses the prescription of grievance is six months and submit a petition to extend the prescription before the expiration date. If the injured person neglects his or her lawsuit, it shall be considered a waiver. It should also add the rules for escape during that provisional release by starting the new prescription under Section 95, increasing from the original another 10 years. In addition, section 190 should be amended for the case of evacuation of the justice process, not only during detention under the authority of the prosecutor, inquiry official, but also should cover the escape of justice until the final case, that is before sue, during suing and after the judgment.