Treason offence
The statute of limitation of two years for the offence of treason is no longer in place after the Crimes Decree came into effect on Monday.
Under the Penal Code which is now repealed, a person could not be tried for treason, misprision of treason and instigating invasion, unless the prosecution is commenced within two years after the offence is committed.
Now there is a major change because in the past, police and prosecutors faced major difficulties and could not charge a person with treason or other treasonable offences if two years had lapsed after the offence was committed.
The two year limitation has been taken away under the Crimes Decree.
Former High Court Judge Nazhat Shameem said this problem no longer exists for the police and the prosecution.
Under the Crimes Decree, a person commits the offence of treason, if at the time of the offence being a Fiji citizen or resident, the person causes the death of the President or the Prime Minister, causes harm to the President or the Prime Minister, or imprisons or restrains the President or the Prime Minister.
Under the new decree, a person can also be charged with treason if he or she instigates a person who is not a citizen of Fiji to make an armed invasion of Fiji.
The penalty of treason is life imprisonment.
Receiving or assisting another person who has committed treason with the intention of allowing him or her to escape punishment or apprehension, also carries a maximum penalty of life imprisonment.
Feature
Treason offense limitation no longer in place
