Limitation Period

Limitation Period in Europe

Limitation Period in Germany

Provisions relating to limitation period 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 78 Limitation period, which reads: (1) The imposition of punishment and measures (section 11 (1) No 8) shall be excluded on expiry of the limitation period. Section 76a (2) 1st sentence No 1 remains unaffected. (2) Felonies under section 211 (murder under specific aggravating circumstances) are not subject to the statute of limitations. (3) To the extent that prosecution is subject to the statute of limitations, the limitation period shall be thirty years in the case of offences punishable 1. by imprisonment for life; 2. twenty years in the case of offences punishable by a maximum term of imprisonment of more than ten years; ten years in the case of offences punishable by a maximum term of imprisonment of more than five years but no more than ten years; 3. five years in the case of offences punishable by a maximum term of imprisonment of more than one year but no more than five years; 4. 5. three years in the case of other offences. (4) The period shall conform to the penalty provided for in the law defining the elements of the offence, irrespective of aggravating or mitigating circumstances provided for in the provisions of the General Part or of aggravated or privileged offences in the Special Part .

Limitation Period in Germany

Provisions relating to limitation period in the German Criminal Code [1]: This criminal issue is covered by Chapter Five Limitation Periodunder the Second Title, Limitation on Enforcement,” located in Section 79 Limitation period, which reads: (1) Any imposed penalty or measure (section 11 (1) No 8) which has become final may no longer be enforced after the expiry of the limitation period. (2) The enforcement of sentences of imprisonment for life is not subject to a statute of limitations. (3) The limitation period shall be twenty-five years for a term of imprisonment 1. of more than ten years; 2. twenty years for a term of imprisonment of more than five years but not more than ten years; 3. ten years for a term of imprisonment of more than one year but not more than five years; 4. five years for a term of imprisonment of not more than one year and fines of more than thirty daily units; 5. three years for fines of not more than thirty daily units. (4) The enforcement of an incapacitation order and of an indeterminate supervision order (section 68c (2) 1st sentence or (3)) shall not be subject to a statute of limitations. The limitation period shall be 1. five years in all other cases of supervision orders and the first custodial addiction treatment order, ten 2. years for all other measures. (5) If a sentence of imprisonment and a fine are imposed at the same time, or if in addition to a sentence a custodial measure, confiscation, deprivation or destruction are ordered, the enforcement of the sentence or the measure shall not be barred by the statute of limitations before the enforcement of the others. A simultaneous incapacitation order shall not prevent the course of the limitation period for the enforcement of penalties or other measures. (6) The limitation period shall commence when the decision becomes final.

Limitation Period in Germany

Provisions relating to limitation period in the German Criminal Code are located in Chapter Five Limitation Period

There is additional information on the German criminal system, covering limitation period and related issues, here. For details on the German legal system, please see here.

Resources

Notes

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

Resources

Notes

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

Leave a Comment