prescription

Definition of prescription

Noun

prescription (plural prescriptions)

1. (law) The act of prescribing a rule, law, etc..
   
   "Jurisdiction to prescribe" is a state's authority to make its laws applicable to certain persons or activities. -- Richard G. Alexander, Iran and Libya Sanctions Act of 1996: Congress exceeds its jurisdiction to prescribe law. Washington and Lee Law Review, 1997.
   
   
2. (law) A period of time within which a right must be exercised, unless the right is extinguished.
   
   The prescription governing the victim's right to enter a charge shall be interrupted by virtue of section 95 of the Criminal Code.
   
   
3. (medicine) A written order, as by a physician, for the administration of a medicine or other intervention.
   
   The surgeon wrote a prescription for a pain killer and physical therapy.
   
   
4. (medicine) The prescription medicine or intervention so prescribed.
5. An advice.

Adjective

prescription

1. (of a drug, etc.) only available with a physician's written prescription

Further reading

In civil law countries, almost all lawsuits must be started within a legally determined period. If they are presented after that time, an institution called prescription applies, which prevents them from filing the case.

The Italian case is quite peculiar in this regard since lawsuits and trials must be ended, rather than started, within such a time limit. This makes it effectively possible to avoid a guilty sentence by delaying the trial enough for the time limit to expire.

For criminal cases, this means that the public prosecutor must prosecute within some time limit. The time limit varies from country to country, and increases with seriousness of the alleged crime (for example, in most jurisdictions, there is no statute of limitations for murder). When a time limit is suspended, it does not run (akin to hitting "Stop" on a stopwatch). Common triggers include the defendant being on the run. When a time limit is interrupted, it is restarted (like hitting "Reset" on a stopwatch). This may be triggered by a new crime committed.

If a criminal is on the run, he can be convicted in absence, in order to prevent prescription, or the time limit does not elapse during that time.

The prescription must not be confused with the need to prosecute within "a reasonable delay", an obligation imposed by the European Court of Human Rights. Whether the delay is reasonable or not, will depend on the complexity of the trial and the attitude of the suspect.