How can it be considered the merit of a criminal controversy

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Now, this presents inconveniences in determining the statute of limitations for criminal proceedings, and it is essential to observe this when interpreting a provision that subjects the statute of limitations of civil proceedings to that of criminal proceedings if the act or fact constitutes a crime . In order to verify whether the act or fact constitutes a crime, it is necessary to analyze the objective and subjective content of the act or fact. In this case, the moral element was not assessed, since the eminent judge declared that, “for the admissibility of the action, it is not important to inquire into the moral element of the crime”.

And as for the material element, he did not assess it properly either, since sms gateway taiwan he referred to “the existence or not of the alleged fact” as the merit of the controversy. However, the alleged fact, as described in the initial claim, does not constitute a crime: it is a pure and simple civil action for compensation. How can it be considered the merit of a criminal controversy, when that is not what the initial claim is about? Does it have the characteristics of a complaint or accusation of a crime? It does not. How then can we base ourselves on it, objectively, to subject the already prescribed civil action to the longer term of the criminal action?

14. The fact is that the respectable judgment departed from sound doctrine. It was its duty to examine in depth the facts narrated in the indictment in order to extract from them, if possible, the figure of a crime. It did not do so. However, it was prevented from doing so. There was no criminal action. There was, therefore, no study and criminal classification of the fact. The judge of the civil action, in order to apply to this the same prescription of the criminal action, has only one recourse: to do what has not yet been done, that is, to verify whether the act or fact constitutes a crime. This is what BAUDRY et TISSIER, loc. cit., no. 832, teach us: