Distinguishing Prosecution and Criminal Liability Pursuit

Prosecution is the act of investigative authorities issuing a decision to prosecute a criminal case when there are signs of a crime or to prosecute an individual when there is sufficient basis to determine that a person or legal entity has committed an act defined as a crime by the Penal Code. After the decision to prosecute has been made, the Investigative Agency will conduct the investigation, ending the prosecution phase.

The Penal Code does not define the concept of criminal liability (abbreviated as TNHS) but only regulates the statute of limitations for criminal liability. The statute of limitations for criminal liability is calculated from the day the crime is committed. Once the statute of limitations stipulated by this Code has expired, the criminal offender will not be prosecuted.

It can be understood that criminal liability is the act of competent authorities conducting prosecutorial activities from the time a crime is discovered, reported, recommended until the conclusion of the prosecutorial process with a judgment or decision.

Therefore, initiation of prosecution and criminal liability have several differences as follows:

- Regarding authority:- In certain cases, state agencies are only permitted to prosecute upon the request of the victim (such as crimes involving infliction of intentional injuries, rape).- Criminal liability is the inherent authority entrusted by the State to the competent authorities to conduct prosecutorial activities.- Regarding time frame:- Initiation of prosecution: within 20 days from the receipt of the report, notification about the crime, or recommendation for prosecution, the Investigative Agency or the agency assigned to conduct some investigative activities must inspect, verify, and issue a decision to prosecute or not to prosecute. In cases with many complex details or requiring inspection and verification at multiple locations, the time for issuing the decision may be extended but not exceed 2 months.- Statute of limitations for criminal liability: 5 years for less serious crimes; 10 years for serious crimes; 15 years for very serious crimes; 20 years for especially serious crimes (Clause 2, Article 23 of the Penal Code 1999, amended and supplemented in 2009).- Regarding scope:- Initiation of prosecution is the first step in criminal procedural activities.- Criminal liability is a comprehensive process including prosecution, investigation, indictment, and trial. Therefore, initiation of prosecution is a stage of criminal liability.- Regarding the ending point:- Prosecution ends after the decision to prosecute has been made. The Investigative Agency proceeds to the next stage, which is investigation, or decides not to prosecute when no criminal act is present.- Criminal liability ends when there is a court judgment or decision, or when the statute of limitations for criminal liability expires as mentioned above.

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