Limitation of criminal prosecution and execution of sentence

• Pages: 188-201

Vo

l. 7 N

o

. 1

M

arc

h,

202

1

A

cademic Journal o

f

Business,

A

dministration, Law and Social Science

s

II

PCCL Publishin

g

, Graz-

A

ustri

a

I

SSN 2410-391

8

A

cces online at www.ii

p

ccl.or

g

1

88

L

imitation of criminal

p

rosecution and execution of sentenc

e

H

o

lt

a

S

efe

r

i

M

inistry of

E

ducation, Sports and

Y

outh

Abs

tr

act

The institute of statute of limitations is one of the most important in criminal law, which

provides for the termination of criminal prosecution, sentences and their non-execution,

a

 er a certain period of time, either from the time of commi ing a criminal of‌f ense (statute

of limitations) of criminal prosecution) either from the time of the decision of the f‌i nal form

of the sentence and its non-execution

(

statute of limitations for the execution of the sentence

).

Like any other criminal legislation, the criminal legislation of

A

lbania has paid a ention to

t

h

is

i

n

s

t

i

t

u

t

e

.

The Criminal Code of the Republic of

A

lbania, in its article 66 has provided that criminal

prosecutions can not be carried out when from the commission of the criminal of‌f ense until

t

he moment of taking the person as a defendant, some certain deadlines have passed

.

I

n this paper we will present the importance of the statute of limitations, as well as the analysis

of concrete cases of its implementation in court practice

.

The methodology used in this paper is the legal analysis of statute of limitations, focused on

t

he practical analysis o

f

court decisions on the statute o

f

limitations

f

or criminal prosecution

a

nd st

a

t

u

t

e

o

f l

i

m

i

t

a

t

io

ns f

o

r th

e

e

x

e

c

u

t

io

n

o

f th

e

s

e

nt

e

nc

e.

Ke

y

words: statute of limitations, criminal prosecution, criminal code, execution, criminal

proceedings, court.

1

. Theoretical overview of the institute of

p

rescri

p

tio

n

T

he institution o

f

p

rescri

p

tion is one o

f

the most im

p

ortant criminal law, through

which it is

p

rovided that criminal

p

rosecution can not be carried out and the

execution o

f

a criminal sentence, a



er a certain

p

eriod o

f

time, either

f

rom the time

o

f

commi ing a criminal o

f‌f

ense (statute o

f

limitations

f

or criminal

p

rosecution)

either

f

rom the time o

f

the

f‌i

nal sentence decision and its non-execution

(

statute o

f

l

imitations

f

or execution o

f

the sentence

).

I

n the anal

y

sis o

f

the legal conce

p

t "

I

us

p

uniendi", we clari

fy

that this conce

p

t is related

to the legal situation that arises between the state and the

p

er

p

etrator o

f

a criminal

o

f‌f

ense.

I

us

p

uniendi is a Latin legal term used to re

f

er to the sanctioning

p

ower o

f

the state, meaning the exclusive right o

f

the state to

p

unish a

p

erson

f

or commi ing

a

cr

i

m

i

n

a

l

of‌f

e

ns

e

.

T

he ex

p

ression is alwa

y

s used to re

f

er to the state in

f

ront o

f

the citizens. For this

reason, a

l

t

h

oug

h

it ma

y

b

e t

h

at ot

h

er organizations or institutions, or in ot

h

er

situations, have the right to

p

unish or sanction (em

p

lo

y

er and em

p

lo

y

ee, or

f

ather

an

d

son), ius

p

unien

d

i is not a

ppl

ica

bl

e to t

h

em

.

However, des

p

ite the

f

act that according to "

I

us

p

uniendi", the state is recognized the

exclusive right to

p

unish, certainl

y

this right o

f

the state to

p

unish, in the context o

f

a