Article 68: Duration and lapse of an arrest warrant

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2659/2565 (2022)

   A single judge who has power to issue an arrest warrant also has power to consider whether the offense is time-barred and to dismiss the application on that ground, consistent with Section 68.

   The Court held that a single judge empowered to issue arrest warrants may, in the same authority, examine whether the offense for which the warrant is sought has already become time-barred. Reading this together with Section 68, dismissing an application for an arrest warrant on the ground of prescription is a lawful exercise of that power and is not an irregular proceeding.

2. Arrêt de la Cour suprême n° 10616/2558 (2015)

   When the offense under an arrest warrant becomes time-barred, the warrant loses effect from that date, even if the warrant states that it remains valid until arrest.

   The offense carried a fifteen-year prescription period. Once that period expired, the Court held that the offense for which the warrant had been sought was time-barred, and under Section 68 the arrest warrant lost its effect from that same date, notwithstanding wording on the warrant that it would remain valid until the person was arrested.

3. Arrêt de la Cour suprême n° 6874/2557 (2014)

   Once the offense under an arrest warrant is time-barred, the warrant lapses of itself, without any need for a further order revoking it.

   Quoting Section 68 in full, the Court held that when the offense under the defendant's arrest warrant had become time-barred, the warrant lapsed automatically and there was no need to revoke it separately. The lower courts were correct to dismiss the defendant's motion, and the defendant's appeal failed.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.