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0 tracked cards Criminal Law

On August 3, 2011, J commits a felony. The period fixed by law for this offense under Act No. 3326 is twelve (12) years. An information is filed on August 3, 2017. There is no interruption asserted in the interim. The prescriptive period would lapse on August 3, 2023. J dies on December 15, 2023.

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The information filed in 2017 remains valid and may be pursued against the decedent's estate; the heirs can be charged for the offense. Prescription alone extinguishes criminal liability; the filing of information in 2017 does not affect the old period and death in 2023 does not change the outcome. Because information was filed in 2017, prescription is interrupted and a new 12-year period runs to 2029; J's death in 2023 tolls that period but does not extinguish liability; the heirs may be prosecuted after 2029. Criminal liability is extinguished by death; the information filed in 2017 becomes moot; no prosecution can be pursued against J or his heirs.

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