Question juridique clé
Whether the prison sentence was time-barred and could no longer be executed
Solution extraite
Yes. The sentence was prescribed under the new law, which did not provide interruption grounds, and it could therefore no longer be enforced.
Motifs extraits
The court applied the newer prescription rules as more favorable under Art. 389 CP. Although the old law provided interruption and possible suspension, the new law preserved the five-year limitation period without interruption grounds. On the established facts, prescription had accrued by the time of the challenged decision.