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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: On January 8, 2009, D commits offense X, which has a prescriptive period of ten years. On June 28, 2016, the People file information with the RTC. On December 20, 2016, the case is dismissed for lack of probable cause. On March 25, 2021, the People file a new information for the same offense. (a) State the controlling doctrine on the effect of the institution of the criminal action on the prescriptive period. (b) Has the prescriptive period for offense X prescribed as of December 31, 2023? Show your computation.

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Double jeopardy bars the refile of the same offense after a dismissal for lack of probable cause, so no new prescriptive period can be started by the 2021 information. Interruption of prescription occurs upon the institution of the criminal action; the period is tolled during pendency, and a dismissal without prejudice to refile ends the tolling with the clock restarting on the date of the subsequent information for the same offense. In this scenario, as of December 31, 2023, the prescriptive period has not prescribed. Computation: pre-filing period Jan 8, 2009 – Jun 28, 2016 ≈ 7 years 5 months; second period Mar 25, 2021 – Dec 31, 2023 ≈ 3 years 9 months. Prescription runs continuously regardless of filing; thus, by December 31, 2023 the offense would have prescribed around 2019. If the information is dismissed for lack of probable cause, the prescriptive period is revived to zero and must be counted anew from the date of the new information; therefore, as of 2023 the offense has not prescribed.

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