محكمة النقض: تقادم العقوبة يتحدد بنوع العقوبة المحكوم بها وليس نوع الجريمة التي أدين بها المتهم، فإذا وصفت الأفعال بأنها جناية وحكمت المحكمة بعقوبة جنحية بعد تمتيع المتهم بظروف التخفيف، فإن تلك العقوبة تخضع للتقادم الخمسي.
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