Expiration of Criminal Lawsuit:
Understanding Its Causes and Impact on Criminal Punishment

Expiration of Criminal Lawsuit

Definition: The term "expiration" means the end or cessation for any reason. Expiration, or prescription, is the elapse of a certain period specified by law during which the prosecution cannot take any action in the associated crime to identify its perpetrator, or the right holder who remains inactive for a certain period, thereby forfeiting their right to resort to the judiciary.

Causes of expiration:

First: Death of the accused

If the accused dies before initiating the criminal lawsuit, it is not permissible to initiate it, and the public prosecution issues an order to archive the case.
If the death occurs during the lawsuit, the court rules that the criminal lawsuit is dropped, and it is not possible to impose any punishment.
If the accused dies after a non-final judgment is issued, and before ruling on the appeal, the judgment is invalidated due to the expiration of the lawsuit. In this case, the fines that have been executed must be returned, including the amount of the fine and the confiscated items. If the accused dies after a final judgment is issued, the punishment prescribed by it is dropped.
Second: General amnesty

Amnesty for punishment: It is the prerogative of the President of the Republic alone, granting him the right to drop the entire punishment or part of it, or replace it with a lighter punishment as prescribed by law. However, the subsidiary punishment and other criminal consequences resulting from the conviction verdict do not expire unless otherwise stated in the amnesty order.
Amnesty for the crime or full amnesty means stripping the act of its criminal nature, making it as if it were a legitimate act. It is a right prescribed for the social entity, and therefore, it can only be granted by law.
Third: Elapse of time through prescription

The criminal lawsuit expires through prescription in felony cases after ten years, in misdemeanor cases after three years, and in violation cases after one year. However, the legislator has exempted some crimes from expiration, including:

Torture of the accused to force a confession.
Punishing a convicted person for a punishment that has not been imposed on them.
Arresting someone without a legal right, disguised as a government employee.
Crimes involving violation of the individual's private life.
The expiration of the criminal lawsuit starts from the day following the occurrence of the crime, which is the general rule. However, embezzlement of public funds and other crimes have different expiration periods.

Fourth: Final judgment

The final judgment is the natural cause for the expiration of the criminal lawsuit. The criminal lawsuit expires for the accused and the established facts attributed to them upon the issuance of a final judgment of acquittal or conviction, even if new evidence appears or the legal description of the crime changes.

For more information and to learn more details about the expiration of the criminal lawsuit and the difference between it and the expiration of punishment, please contact us through the numbers provided on the page or visit our website.