During Trial, 'Overseas Escape' Suspends Statute of Limitations... Amendment Passed at Cabinet Meeting

[Asia Economy Reporter Kim Daehyun] An amendment to the Criminal Procedure Act that stops the statute of limitations during trials if a suspect flees abroad to avoid criminal punishment passed the Cabinet meeting on the 21st.

Minister of Justice Han Dong-hoon is responding to questions from lawmakers at the plenary meeting of the Legislation and Judiciary Committee held at the National Assembly on the morning of the 15th. [Image source=Yonhap News]

According to the Ministry of Justice, the passed amendment is planned to be submitted to the National Assembly later this month.

The amendment stipulates that if a person leaves the country to avoid criminal punishment, the statute of limitations will be suspended during that period. The Ministry of Justice also specified in the supplementary provisions that defendants who fled abroad before the law was amended must wait 25 years after returning to complete the statute of limitations for trial.

This is to revise Article 249, Paragraph 2 of the Criminal Procedure Act, which considers the statute of limitations for prosecution complete if 25 years have passed without a final judgment after indictment, so-called 'trial statute of limitations,' thereby clarifying the 'statute of limitations system.'

Until now, there was no provision to suspend the statute of limitations even if a criminal on trial fled abroad, causing issues where offenders who fled abroad for a long time during trial could not be punished. This contrasts with the regulation that suspends the statute of limitations for prosecution and execution of sentences when suspects or convicted criminals flee abroad to avoid investigation or sentence execution, preventing them from escaping punishment.

When the amendment was announced for legislative notice in December last year, Minister of Justice Han Donghoon emphasized, "This measure ensures that no matter how long criminals flee abroad, they will inevitably face legal judgment and fills the legal gap."

This content was produced with the assistance of AI translation services.