Home > Blossary: Process of Appeal/Cancellation of Penal cases/Crimes
The time of prescription of penal acts and further crimes starts upon time of committed penal act/crime, while time of pause of prescription starts on day of legal action, then legal case should be adjudicated. Suspension of prescription applies, if legal action has been taken, but not enacted ''yet''.. Then suspension of prescription starts again, after date of end of prescription, then this time should be added to total time of prescription. and is 'transferred accordingly'. More specifically: the appicable law of adjudication, always upon judgment of Judge of course, and Penal/Criminal Court..depends seriously on time of penal act and or crime, and legal action taken too: If for ex. a simple penal act/delict is committed on time X, and based on Law, has time of prescription 6 months-one year, then if adjudication hasn't started yet, and starts in 8 months, (prior to time of prescription), but in 7 months after delict, a new law that punishes this same act ''more seriously'' is issued and activated, while time of prescription hasn't ended yet, rendering it a simple delict and not penal act as such, then, as seven months are more close to time of prescription then as 6 months and 29 days if month hs 30 days, or 30 days if month has 31 days, it can be adjudicated as simple penal act/delict, if it doesn't produce ''legal results anymore', while if it still produces serious legal results, then new law can be applicable for adjudication in this case, if act produces irreversible legal results that have serious consequences on legal values, socially for ex, or of course, if in the mean time, for ex. having been adjudicated by First Instance Court, and now as plaintiff of Appeal Court, who hasn't been sastisfied with decision of A' Grade Court proceeds to Appeal Court (b'Gtade Court, where legal issues are judged essentially, thus based on true facts, then if until day of appeal more elements have been found/discovered that make state of appealed worse, all above applies. Now, for ex. in High Constitutional Court, if a crime, adjudicated by Appeal Court has 10 years prescription, and case is adjudicated through process of Cancellation, and request of cancellation has been submitted, then High Court uses the applicable law with following criteria: Always time of crime is most important for applicable law, and decision of High Court in this case: If in Appeal Court, a non irrevocable final decision has been made, that grants right to appealed to proceed to High Court for Cancellation, and thus modification of punishment, namely reduction of time of punishment and jail, High Court can change decision of Appeal Court, and reduce punishment, acception request of cancellation totally for ex. if the extreme case occurs: For ex. Appeal Court has given maximum of punishment, then if no more elements of accusation are brought to High Court by Appealed, and findings of guilt that would justify decision X in this case reduce punishment, and accused is found 'less' guilty, then cancellation should be accepted, in case for ex. more than double of minimum punishment has been given by Appeal Court, depending always on time of prescription of course: Thus High Court can reduce in this case to less than double of punishment, up to minimum punishment indeed, if proof of evidence of crime committed persists, but all details brought to High Court and relative findings, make 'crime' less serious, without being considered in this case of course that there is ''override of jurisdiction' of Supreme Court. ('High Court'); this fact can be enhanced and relative decision of High Court, if for ex. High Court gives minimum punishment finally of 10 years, while for ex. Appeal Court, has given 21 years, and all data of discharge of serious accusation concur..and in the meantime, current law is less severe for this case, then High Court must obviosuly consider this new law, with more favorable orders for appealant, and give relative punishment..As we all know, Judge should generally profit from favorable orders to adjudicate a case on behalf of Appealant of High Court, whether he/she is former claimant or defendant, provided, penal act does not produce serious legal results anymore, and findings that duly justify 'this' lower punishment apply at the time of adjudication. On basis of above criteria, 'real' time of applicable law is found this way generally. Of course each case is different, mainly in cases of group trial, then true responsibilities and reasons for discharge of each appealant before High Court are split, and relative correct punishment is given by H.C. Some more details: In group trials for ex. if 4 persons are adjudicated for same crime totally, and cancellation is not accepted, at least by 60% by High Court, but still a 40% of acceptation of decision of Appeal persists, then High Court for not overriding Jurisdiction, can assign this 40% part to Appeal Court to adjudicate again, as competent court, actually to a new group of Judge, of Court of same grade, thus Appeal Court, without cosnidering it to have insufficiency of Jurisdiction, but in this case High Court, if judged, would be considered as overriding jurisdiction, always upon judging essentially, thus on basis of true facts, but this 40% actually 'falls in this case'; same applies if for these 4 persons, request of cancellation has been accepted, and only decision for one last person is pending, on basis and regard of true facts, say by 40% in this case, and new findings, justify serious reduction of punishment for this 4th person; then again, Appeal Court under above criteria described is competent,to readjudicate..and Appeal Court must consider these new data, and proposals of Prosecutor of High Court submitted to them (A.C) to take into account again.. Then, let's note that: applicable law of punishment, can be a combination of two laws for ex. in some cases, thus of many penal acts committed respectively, by interpreting law as vastly as possible, and choosing law(-s) that include more rules of law accordingly. If time of applicable law for adjudication, on date of trial, is less than 50% and former law is more favorable for accused, then this same law should be chosen, (if not more serious legal results are produced yet, but if not so, and there are legal consequences that have worsened case until date of trial, and therefore suspension of prescription applies, no need to say this again- then applicable law(s) of real time of adjudication is selected: on basis of day of inactment of legal action, time of crime committed, total time of prescription incl. time of suspension of prescription that determine total time of prescription and law of adjudication, and true findings, thus proof of evidence till date of final adjudication of relative competent Court, say here High Court, and choosing on basis of new findings, therefore true facts typically and essentially, all leading to choice of applicable law for irrevocable definite decisions, IF Appeal Court for instance hasn't made irrevocable definite decision and gives right for process of cancellation to High Court. Then in this case, decision of C' grade Court, High Court, becomes irreovable in this case, and request of cancellation, is generally partially, 60% accepted or 60% rejected accordingly. Or totally rejected or totally accepted. ..

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