In this blog post, we will look at the debate surrounding the abolition of the statute of limitations and consider what the advancement of forensic science means for the realization of justice.
What is the statute of limitations and its institutional significance?
The statute of limitations is a system in which the right to punish a crime ceases after a certain period of time has passed since the crime was committed. It was introduced to ensure social stability and investigative efficiency. Once the statute of limitations has passed, it becomes impossible to prosecute or punish the crime. As a result, there are countless cases where the case remains unsolved. In particular, the victims and their families should not be allowed to forget their pain just because the statute of limitations has passed. According to the current laws of the Republic of Korea, the statute of limitations for robbery is 10 years, rape is 10 years, theft is 7 years, and assault is 5 years. While this system may be effective for some crimes, it is not appropriate for serious crimes, and there is constant controversy over this. Recently, an amendment was passed to abolish the statute of limitations for murder only, but there is an emerging opinion that the abolition of the statute of limitations should be reconsidered for crimes other than murder.
The need to abolish the statute of limitations
First, the statute of limitations can act as a de facto pardon for criminals. It is against the principle of justice that criminals can hide and avoid punishment during the statute of limitations period. According to data from the National Police Agency, there have been 1,289 cases of five major violent crimes that have been classified as permanently unsolved cases due to the expiration of the statute of limitations in the past five years. This leaves many victims and their families with deep wounds, and their pain does not go away even after the statute of limitations has passed. On the other hand, criminals may claim to feel guilty and suffer, but it is questionable whether they have felt pain that matches the pain of the victims. For criminals, the statute of limitations can simply be a period of waiting to avoid punishment, which can lead to the distortion of the law’s good intentions.
Second, the possibility of solving cases that could not be solved in the past has increased due to the development of scientific investigation technology, so the abolition of the statute of limitations should be considered. In the past, if a case could not be solved during the statute of limitations period, the culprit could not be caught in many cases, but now, with the development of DNA analysis, digital forensics, and other technologies, there is room to find new evidence and solve unsolved cases. As a result, the argument that “it is impossible to solve the case in time” is no longer convincing. In particular, the digitalized evidence management system allows evidence to be preserved for a long time, which ensures continuity in the investigation of long-term unsolved cases.
Third, the abolition of the statute of limitations can reduce public anxiety and contribute to increasing trust in law enforcement. Many people fear that crimes will recur if unsolved cases cannot be permanently resolved due to the expiration of the statute of limitations. However, if the statute of limitations is abolished, the public will be able to have expectations for case resolution and relieve their anxiety. For victims and their families, a legal system without a statute of limitations can help heal their wounds and bring about justice. The possibility of catching the criminal will be a great comfort to the victims.
The logic of maintaining the statute of limitations and its limitations
Nevertheless, there are valid reasons for maintaining the statute of limitations. First, there is the efficiency of investigative methods. When the statute of limitations exists, investigative agencies can focus on new cases rather than relatively old cases, which enables efficient allocation of investigative resources. In addition, evidence may disappear or memories may fade over time, making it difficult to solve the case. Considering this, the statute of limitations can be seen as a system that reflects the realistic limitations of law enforcement.
However, despite this logic, those who argue for the abolition of the statute of limitations emphasize that the development of investigative techniques has made it possible to overcome the limitations of the past. In the past, cases were not solved due to a lack of evidence, but now unsolved cases can be solved based on newly discovered evidence through scientific investigation techniques. In addition, with the digitized evidence management system, the issue of preserving evidence has been somewhat resolved, and the argument that the statute of limitations should not be a factor that stops the investigation of long-term unsolved cases is gaining traction.
The need for and practical abolition of the statute of limitations
Some argue that instead of completely abolishing the statute of limitations, it may be a more realistic alternative to significantly extend the statute of limitations period. However, this also has a clear problem. If the statute of limitations period is too long, it may result in the same effect as if there is no statute of limitations. In other words, some argue that it would be a more consistent solution to abolish the statute of limitations altogether rather than extend it. Moreover, the very existence of the statute of limitations is a major source of anxiety for crime victims and their families, so abolishing it would help to realize justice and restore social trust.
Conclusion
The statute of limitations can have the side effect of providing criminals with a free pass, and the need for it is gradually weakening due to the development of modern investigative techniques. Also, the abolition of the statute of limitations can play an important role in alleviating public anxiety and healing the wounds of victims. We should review the statute of limitations system and move towards achieving fairer and more just law enforcement.
