大多数非死罪联邦罪行的诉讼时效为 5 年,已开始但未完成的司法协助程序可 “延长”(即中止)最多 3 年。审议专家注意到美国当局就时效期是否充足做了 保证,指出由于缺少可用统计数据,难以透彻地评估该问题。不过,他们建 议,由于收集复杂腐败案件的证据具有挑战性,并且可能涉及多个法域,没有 更长的时效期会使这些案件难以调查,因此可考虑基于实际理由再延长 5 年的 诉讼时效。此外,由于其他几种选定的经济犯罪的时效期都比此时效期长,因 此延长此时效期还可以达到立法一致性和连贯性的目的。
The statute of limitations for most non-capital federal offences is five years, which can further be “tolled” (i.e. suspended) for up to three years in initiated, but not completed, MLA proceedings. The reviewing experts took note of the assurances provided by the U.S. authorities regarding the adequacy of the limitations period and indicated that the lack of available statistics created difficulties in thoroughly assessing the issue. However, they recommended that a possible extension of the 5-year statute of limitations might be considered for practical reasons, as the lack of longer limitations period may create difficulties in the investigation of complex corruption cases, where the evidence gathering is challenging and may also involve multiple jurisdictions. In addition, an extension of the limitations period could also serve the purposes of legislative consistency and coherence, as such period is longer for a few other select economic crimes.