Decision ID: 003592

In October 2008 the 1971 Fund Adminstrative Council recalled that in October 2006 the public prosecutor had requested the Supreme Court to revise a judgement rendered by the Criminal Court of Appeal in February 2005 on the grounds that the Court had not decided in respect of the claim for compensation submitted by the public prosecutor on behalf of the Republic of Venezuela. It was further recalled that in a judgement rendered in March 2007 the Supreme Court had decided to annul the judgement of the Court of Appeal and to send back the criminal file to the Court of Appeal. It was recalled that in its judgement the Supreme Court had stated that the judgement of the Court of Appeal was unconstitutional since it had not decided on the claim for compensation submitted by the Republic of Venezuela. The Council noted that in February 2008 a different section of the Court of Appeal had rendered a new judgement confirming that the criminal action against the master was time-barred but preserving the civil action arising from the criminal act. It was also noted that the Court of Appeal had sent the file to the criminal court of first instance, in which the civil action filed by the Republic of Venezula will be decided.

Categories: Legal actions, Time bar provisions
Subjects: Criminal proceedings, Interpretation/application of the time-bar provisions in Article VIII of the 1969 and 1992 Civil Liability Conventions and Article 6 of the 1971 and 1992 Fund Conventions