earticle

영어

The purpose of this paper is to discuss whether the principle of Ex Post Facto can be applied in statute of limitations, a procedural rule abolishes the prosecution right in case of not being prosecuted during a certain period after criminal acts are committed. Article 13(1) of the Constitution stipulates this principle by declaring: “No citizen shall be prosecuted for an act which does not constitute a crime under the Act in force at the time it was committed.” Although it is undeniable that this principle, one of legal norms derived from the Principle of Legality which usually described as “Nulla poena sine lege” is fundamental principle of substantive criminal law, whether the same can be said for the legal rules of criminal proceedings is neither crystal clear nor actively discussed. However, since the retrospective application of suspension, extension and exclusion to statute of limitations might cause adverse outcomes to criminal defendant in many cases, whether the principle of Ex Post Facto can also be applied in these regulations is matter which is theoretically important and practically consequential. In this article, therefore, the author attempts to clarify the legal characteristics of statutes of limitation(whether it is procedural or substantive); provides analysis whether or not the regulations on suspension, extension and exclusion of it recognize the retroactive effect; introduces two Supreme Court cases regarding the subject.