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Extinctive Prescription in Criminal Causes in the Latin Church: An Historical Analysis of the Ius vigens

On 7 November 2002, Pope John Paul II granted the faculty to the Congregation for the Doctrine of the Faith “to derogate from the terms of prescription on a case by case basis, at the motivated request of individual bishops.” Msgr. Kenneth Boccafola, former vice-dean of the Rota, observed at the time that “to derogate from the period of prescription appears completely incompatible with the universal law expressed in c. 1313 §1, which reads: ‘If a law is changed after a delict has been committed, the law more favorable to the accused is to be applied.’” This project is an attempt to understand the origin, nature, history and development, as well as the raison d’être of the juridic institute of extinctive prescription in penal causes in the Latin Church. This understanding is necessary in order to interpret and apply the ius vigens with justice and equity.
Date:22 Aug 2017  →  Today
Keywords:canon law, penal law, prescription, statute of limitations, criminal law, graviora delicta
Project type:PhD project