Criminal cases
Adjustment of the rules on the limitation period for prosecution
On 01, Apr 2013 | In Criminal Cases | By - F.P. Slewe
On 1 April 2013, the Act of 15 November 2012 amending the Penal Code in connection with the adjustment of the rules on the limitation period for prosecutions entered into force (Bulletin of Acts and Decrees 2012, 572).
Before 1 April 2013, only the most serious crimes were not subject to prescription. These are the crimes punishable by life imprisonment, such as murder.
The Act of 15 November 2012 also abolished the statute of limitations for the following offences:
- all offences punishable by a maximum term of imprisonment of 12 years or more. This includes the following offences: intentional arson (art. 157 of the Criminal Code), smuggling of human beings (art. 273f of the Criminal Code), rape (art. 242 of the Criminal Code), community with a person under the age of 12 years (art. 242 of the Criminal Code). 244 Sr), deliberate deprivation of liberty, resulting in death (art. 282 Sr), manslaughter (art. 287 Sr), aggravated premeditated assault (art. 303 Sr), and theft, resulting in death (art. 312, third paragraph, Sr).
- some specific serious moral offences in so far as the offence has been committed against a person who has not yet reached the age of eighteen years and for which the legal maximum penalty is less than 12 years. It concerns the systematic or professional production, distribution etc. of child pornography (art. 240b, second paragraph, of the Criminal Code), community with an incompetent person (art. 243 of the Criminal Code), community with a person between the age of twelve and sixteen (art. 245 of the Criminal Code), and the actual assault on honour (art. 246 of the Criminal Code).
In addition, the Act of 15 November 2012 means that for all offences punishable by a term of imprisonment of eight years or more, the limitation period has been increased from twelve years to twenty years. This concerns, for example, qualified forms of assault (art. 302 of the Criminal Code), theft by force (art. 312 of the Criminal Code) and extortion (art. 317 of the Criminal Code).
The new prescription rules apply to an offence committed before 1 April 2013, unless the offence is already statute-barred under the old prescription rules.
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