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All Jurisprudence based

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

Facts: On January 15, 2000, D commits offense X, which has a prescriptive period of eight years. On March 30, 2007, the People file information with the Regional Trial Court. On September 12, 2007, the case is dismissed for lack of probable cause (without prejudice to refile). On February 8, 2010, 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, 2013? Show your computation.

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The prescriptive period is interrupted only by the first filing; the 2010 filing does not interrupt again because the case was dismissed; therefore the period ends in 2015 and as of December 31, 2013 the offense has not prescribed. Interruption by the institution of the criminal action resets the clock to zero on the date of the latest valid information for the same offense; with the 2010 filing, a new 8-year period runs from 2010 to 2018, so as of December 31, 2013 the offense has not prescribed. The institution interrupts prescription and the clock restarts from the date of the last filed information; thus the 2010 filing sets a new period ending in 2018, and as of 2013 the offense is not prescribed. A dismissal for lack of probable cause tolls prescription only if the dismissal is with prejudice; since the case was dismissed without prejudice to refile, prescription is not tolled and would be within the 8-year window; as of December 31, 2013 the offense would still be within the 8-year window.

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