Stay of Limitation

Stay of Limitation in Europe

Stay of Limitation in Germany

Provisions relating to stay of limitation 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 78b Stay of limitation, which reads: (1) The limitation period shall be stayed until the victim of offences under sections 174 to 174c and sections 176 to 179 and 225 has reached the age of eighteen; the same shall apply with respect to offences under sections 224 and 226, as long as at least one participant has also infringed section 225, 1. as long as the prosecution may, according to the law, not be commenced or continued; this shall not apply if the act may not be prosecuted only because of the absence of a request or authorisation to prosecute or a request to prosecute by a foreign state. 2. (2) If a prosecution is not feasible because the offender is a member of the Federal Parliament or a legislative body of a state, the stay of the limitation period shall only commence upon expiry of the day on which the public prosecutor or a public authority or a police officer acquires knowledge of the offence and the identity of the offender; or 1. a criminal complaint or a request to prosecute is filed against the offender (section 158 of the Code of Criminal Procedure). 2. (3) If a judgment has been delivered in the proceedings at first instance before the expiry of the limitation period, the limitation period shall not expire before the time the proceedings have been finally concluded. (4) If the Special Part provides for a sentence of imprisonment of more than five years in aggravated cases and if the trial proceedings have been instituted in the District Court, the statute of limitations shall be stayed in cases under section 78 (3) No 4 from the admission of the indictment by the trial court, but no longer than for five years; subsection (3) above remains unaffected. (5) If the offender resides in a country abroad and if the competent authority makes a formal request for extradition to that state, the limitation period is stayed from the time the request is served on the foreign state, until the surrender of the offender 1. to the German authorities, 2. until the offender otherwise leaves the territory of the foreign state, 3. until the denial of the request by the foreign state is served on the German authorities or 4. until the withdrawal of the request. If the date of the service of the request upon the foreign state cannot be ascertained, the request shall be deemed to have been served one month after having been sent to the foreign state unless the requesting authority acquires knowledge of the fact that the request was in fact not served on the foreign state or only later. The 1st sentence of this subsection shall not apply to requests for surrender for which, in the requested state, a limitation period similar to section 83c of the Law on International Assistance in Criminal Matters exists, either based on the Framework Decision of the Council of 13 June 2002 on the European Arrest Warrant and the surrender agreements between the member states (OJ L 190, 18.7.2002, p 1), or based on an international treaty.

Stay of Limitation in Germany

Provisions relating to stay of limitation 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 79a Stay of limitation, which reads: The limitation period shall be stayed 1. as long as the enforcement may for reasons of law not commence or continue; 2. as long as the convicted person is granted (a) a deferment or interruption of the enforcement; (b) suspension of sentence by judicial decision or by act of pardon; or (c) terms of payment in the case of a fine, confiscation or deprivation, 3. as long as the convicted person is detained in an institution by order of a public authority in Germany or abroad.

Resources

Notes

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

Resources

Notes

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

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