Legal Advice Embezzlement - Discover Your Rights

Questioner

A complaint was filed against me on 25-03-2013 for embezzlement. At the end of April 2013 I had to make a statement to the police, but I haven't heard anything since. On April 13, 2015, I receive a summons. I read on the justice department's website that in simple cases, a summons must be issued within 1.5 years from the date of the report. My question is: if the summons comes after more than 2 years, what then? Does this affect my case? regards

Lawyer

A criminal case must be dealt with within a reasonable period. The Supreme Court has determined that a criminal case must be completed in the first instance within two years. In your case, the period would start at the moment you were questioned by the police (end of April 2013). The consequence of exceeding the reasonable term MAY be a reduction in sentence. The case is therefore not off the table: the limitation rules apply to this, but those terms are much longer. You may be entitled to legal aid, which means you can obtain legal assistance free of charge (apart from your own contribution).

Lawyer

The exceeding of the reasonable term does not lead to inadmissibility of the Public Prosecution Service but can lead to a reduction in sentence. However, this depends on the facts and circumstances. To assess this, I would need some more information.