Interruption

Interruption in Europe

Interruption in Germany

Provisions relating to interruption in the German Criminal Code [1]: This criminal issue is covered by Chapter Five Limitation Periodunder the First Title, Limitation on Prosecution,” located in Section 78c Interruption, which reads: (1) The limitation period shall be interrupted by the first interrogation of the accused, notice that investigations have been initiated against him, or the order for such an interrogation or notice thereof; 1. any judicial interrogation of the accused or 2. the order for that purpose; any commissioning of an expert by the judge or public prosecutor if the accused has previously been interrogated or has been given notice of the initiation of investigations; 3. 4. any judicial seizure or search warrant and judicial decisions upholding them; an arrest warrant, a provisional detention order, an order to be brought before a judge for interrogation and judicial decisions upholding them; 5. 6. the preferment of a public indictment; 7. the admission of the indictment by the trial court; 8. any setting of a trial date; 9. a summary judgment order or another decision equivalent to a judgment; 10. the provisional judicial dismissal of the proceedings due to the absence of the indicted accused as well as any order of the judge or public prosecutor issued after such a dismissal of the proceedings or in proceedings in absentia in order to ascertain the whereabouts of the indicted accused or to secure evidence; 11. the provisional judicial dismissal of the proceedings due to the unfitness to plead of the indicted and any order of the judge or public prosecutor issued after such a dismissal of the proceedings for the purposes of reviewing the fitness of the indicted accused to plead; or 12. any judicial request to undertake an investigative act abroad. In separate proceedings for measures of rehabilitation and incapacitation and in an independent proceeding for deprivation or confiscation, the limitation period shall be interrupted by acts in these proceedings corresponding to those in the 1st sentence of this subsection. (2) The limitation period shall be interrupted by a written order or decision at the time at which the order or decision is signed. If the document is not immediately processed after signing the time it is actually submitted for processing shall be dispositive. (3) After each interruption the limitation period shall commence to run anew. The prosecution shall be barred by limitation once twice the statutory limitation period has elapsed since the time indicated in section 78a, or three years if the limitation period is shorter than three years. Section 78b shall remain unaffected. (4) The interruption shall have effect only for the person in relation to whom the interrupting act is done. (5) If a law which applies at the time the offence is completed is amended before a decision and the limitation period is thereby shortened, acts leading to an interruption which have been undertaken before the entry into force of the new law shall retain their effect, notwithstanding that at the time of the interruption the prosecution would have been barred by the statute of limitations under the amended law.

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Notes

  1. The content of the translated German penal code in relation to interruption is current as of 2010

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