Maria Luisa Padelletti

The Reform of the Statute of Limitations and Possible Effects on the Rights of the Accused and the Offended Person: Some Reflections in Light of the European Convention on Human Rights

  • Abstract

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Keywords: statute of limitations; ECHR; reasonable duration of proceeding; due process; human rights; international crimes.

The article addresses the reform of the statute of limitations in light of the case law of the European Court of Human Rights. After discussing the role played by the statute of limitations in civil and criminal proceedings, the author specifically focuses on the questions relating to the reasonable duration of trials and to the need to balance the rights of the victim and those of the accused person. The author rules out the possibility of using the statute of limitations as a ‘compensation’ for possible infringements on the principle of reasonable duration of proceedings. She also maintains that the Strasbourg case-law should not be used as a systematic reference framework for the reform of the statute of limitations.

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