Section 38: Death extinguishes punishment

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 10488/2558 (2015)

   Where the defendant dies during proceedings, the punishment under the lower courts' judgments is extinguished under Section 38, and heirs may reclaim a fine already paid.

   After the defendant died during the Supreme Court's consideration, the court held that the punishment under the lower courts' judgments was extinguished under Section 38, so the heir who had paid the fine was entitled to a refund.

2. Supreme Court Judgment No. 2171/2554 (2011)

   The death of the accused extinguishes punishment under Section 38 and ends the right to prosecute, but forfeiture of a firearm and ammunition that are unlawful to possess may still be ordered.

   Where a defendant charged with unlawful possession of a firearm and ammunition died during trial, the Supreme Court en banc held that although punishment was extinguished under Section 38, the unregistered firearm and ammunition, being unlawful to possess, could still be forfeited.

3. Supreme Court Judgment No. 4418/2548 (2005)

   Because the defendant had died and the right to prosecute had lapsed, the punishment was extinguished under Section 38, and a pickup truck used only as transport and not directly in the offense should not have been forfeited.

   The Supreme Court held that forfeiting a deceased defendant's pickup truck was improper, since his death extinguished punishment under Section 38 and the truck was used only as transport, not directly in committing the offense; it ordered the truck returned to its owner.

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