OK - Harrisburg Grand Jury - arent we into a statute of - TopicsExpress



          

OK - Harrisburg Grand Jury - arent we into a statute of limitations issue? So the statute of limitations is 5 years for major offenses (under PA law), but several exceptions are applicable; ---- § 5552. Other offenses. (a) General rule.--Except as otherwise provided in this subchapter, a prosecution for an offense must be commenced within two years after it is committed. (b) Major offenses.--A prosecution for any of the following offenses must be commenced within five years after it is committed:... ........ (c) Exceptions.--If the period prescribed in subsection (a), (b) or (b.1) has expired, a prosecution may nevertheless be commenced for: (1) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than three years. (2) Any offense committed by a public officer or employee in the course of or in connection with his office or employment at any time when the defendant is in public office or employment or within five years thereafter, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than eight years. --- SO - eight years maximum under (c)(1) and under c(2) 13 years (5 + 8) but only five years after the official left office...., so if they left more than 5 years ago, it appears there is a statute problem.... Am I missing anything... ??? I may have this wrong, but isnt there a statute problem - the statute runs from: (d) Commission of offense.--An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the complicity of the defendant therein is terminated. Time starts to run on the day after the offense is committed.
Posted on: Thu, 10 Apr 2014 03:54:30 +0000

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