{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:53","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Time within Which to Preferring Charges and Formalities","number":"53","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/53/","hierarchy":{"part":"PART I — THE GENERAL PART","book":"BOOK I — OFFENCES AND THE OFFENDER","title":null,"chapter":"Chapter 9. — Discontinuance and Extinction of the Prosecution and the Penalty"},"paragraphs":[{"id":"p1","number":"1","text":"The preferring of charges must be lodged with the appropriate authority as defined in the Criminal Procedure Code within three months from the day when the injured person knew of the criminal act or the offender.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/53/#p1","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":54,"url":"https://eriatlas.com/sources/penal-code-2015/page/54/?article=53&paragraph=p1#article-53-p1"}]},{"id":"p1-tail","number":"","parentId":"p1","text":"Upon expiration of this period of time he shall be deemed to have renounced so doing unless he was materially incapacitated from acting, and the preferring of charges shall not be entertained.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/53/#p1-tail","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":54,"url":"https://eriatlas.com/sources/penal-code-2015/page/54/?article=53&paragraph=p1-tail#article-53-p1-tail"}]},{"id":"p1-tail-2","number":"","parentId":"p1","text":"Where a charge is not preferred owing to material incapacity, the period of three months shall run from the day on which the incapacity ceased to exist.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/53/#p1-tail-2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":54,"url":"https://eriatlas.com/sources/penal-code-2015/page/54/?article=53&paragraph=p1-tail-2#article-53-p1-tail-2"}]},{"id":"p2","number":"2","text":"The formalities to be observed for the lodging of a complaint shall be governed by the provisions of the Criminal Procedure Code.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/53/#p2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":54,"url":"https://eriatlas.com/sources/penal-code-2015/page/54/?article=53&paragraph=p2#article-53-p2"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation."}