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This last trial ended without convictions because the period of prescription for destruction of evidence had passed.
The case turned on "the crisp question" of when exactly, in terms of the Prescription Act, the period of prescription commences.
In civil law systems, similar provisions are typically part of the civil code or criminal code and are often known collectively as periods of prescription.
Lerdo de Tejada escaped to France, then Chile and Brazil - the period of prescription for his crime expired in 1997.
One of the advantages of SOLVIT is the fact that any periods of prescription applied by courts are suspended.
The question which fell for determination by the High Court was the time at which the period of prescription in respect of the plaintiff's claim had commenced to run.
Finally, the federal authorities argued that a previous change in law had already accomplished much of what the proponents desired, fixing the period of prescription at 15 years starting with the 18th birthday of the victim.
The High Court dismissed the special plea, finding that the period of prescription had commenced running only when the plaintiff had managed to secure medical opinion to the effect that the defendants had been negligent.
Van Heerden JA held-and Harms JA, Zulman JA, Navsa JA and Mthiyane JA concurred-that, under section 11(d) of the Prescription Act, the plaintiff's claim was subject to a three-year extinctive period of prescription.