Statute of limitations - national proceedings

Maldives

Maldives - Penal Code 2014 EN

CHAPTER 60. NONEXCULPATORY DEFENSES
Section 61 – Prosecution Barred If Not Commenced Within Time

Limitation Period

(a) Time Limitation. A prosecution is barred unless commenced within:

[(1) 8 years from the time the offense is committed for a felony,

or

(2) 3 years from the time the offense is committed for a

misdemeanor.

(3) Offences for which punishments are prescribed in the Holy

Quran shall be exempt from the provisions under subsection (a) (1) and

(2).

(b) Exception for Violent Crimes. A prosecution for a violent crime or

an offense defined in Sections 211 to 216 (Theft Offenses), 411 (Unlawful

Sexual Intercourse), 612 (False Accusation of Unlawful Sexual Intercourse), or

616 (1)(b)(B) (prohibiting the consumption of alcohol) may be commenced at

any time after the offense is committed

(c) Start of the Limitation Period. The period of limitation starts to runon the day after the offense is committed. An offense is committed either:

(1) when every element of the offense occurs, or

(2) if a legislative purpose to prohibit a continuing course of

conduct plainly appears, at the time when the course of conduct or the

defendant’s complicity therein is terminated.

(d) Suspension of the Limitation Period. The period of limitation is

suspended if the State commences prosecution of the offense.

(e) Commencement of Prosecution. A prosecution for the offense

commences on the date the charging document is filed for the offense.

CHAPTER 60. NONEXCULPATORY DEFENSES
Section 62 – Unfitness to Plead, Stand Trial, or Be Sentenced

(a) A person shall not be required to plead, stand trial, or be sentenced

if, because of his mental or physical condition, he is unable to:

(1) understand the nature and purpose of the proceedings against

him, or

(2) assist in his defense.

(b) Automatic Commitment for Examination Upon Acquittal. A person

whose trial is delayed or abandoned under this Section shall be automatically

committed for an examination to determine whether he is subject to civil

commitment pursuant. The duration of the automatic commitment may not

exceed the time required to complete the examination or sixty days, whichever

is shorter.

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.