PRESCRIPTION CRIMINAL PROSECUTION OF POLITICAL POSITION HOLDERS

Abstract

Prescription period in criminal prosecution, there are provisions in the Criminal Code, Section 95 that the maximum prescription period is 20 years, whether there is an offence under any area of the law. Therefore, there are areas of law that apply different prescription periods from the Criminal code such as cases relating to narcotic drug, the prescription period is 30 years for basis of offence having death punishment or life imprisonment. The research indicated that politicians who convicted of crimes and escape sentencing are the cause that is affecting nation’s economy and security greatly. When the offenders are able to escape the trial and sentencing process, they are more likely to pay bribes to courts. When the prescription period is over, the government cannot seize and/or punish the offenders. The result of the effect leads to motions of no-confidence in justice system and efficiency of government officers and prosecutor. According to international law, there is determining that there are not prescription period in prosecution for severe offence, in order to suppress offenders, so they will not use prescription as a gap of law.