英美法术语之Year-and-a-day-rule

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Year-and-a-day-rule,英美法术语,一年零一天规则。


Year-and-a-day-rule:in criminal law, the common law rule that a death must occur

within one year and one day of the act alleged to cause the death,for the death to constitute murder. The rule was not incorporated into the Model Penal Code and has been abandoned by most states.


The year and a day rule has been a common length of time for establishing differences in legal status.The phrase “year and a day rule” is associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more than a year and a day before the death.In English common law, it was held that a death was conclusively presumed not to be murder (or any other homicide) if it occurred more than a year and one day since the act (or omission) that was alleged to have been its cause. The rule also applied to the offence of assisting with a suicide.


在普通法上,因死亡提起的诉讼必须在死者死后一年零一天内提出;此外,除非被害人在被告人的不法行为发生之日起一年零一天内死去,被害人的死亡不能归责于被告人。这是因为当时缺乏必要的医疗手段,在经历了如此长的时间后,无法精确地确定死亡的原因,也无法查明是否是其他外来原因引起被害人死亡。但在医学发展的今天,一年零一天规则似乎已经过时而应当舍弃。


传统的谋杀罪定义要求,受害者的死亡必须于一年零一天之内发生,即Year-and-a-day-rule,现在,该观点已被1996年《法律修改法》所废除。


我国古代的类似法律制度:保辜制度

保辜制度是汉唐以来形成的,以伤害结果论罪的制度。故意伤害案件,在一定期限内被害人死亡,则按杀人罪论断;一定期限内被害人未死亡,而超过期限死亡的,以伤害罪论断。

发布于 2023-02-28 17:40:14
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