The statute of limitations is a legal concept that refers to the lapse of a certain period of time after which the ability to enforce a right through legal action—via court or another competent authority—is terminated. The statute of limitations is applied in criminal law in two forms: as the statute of limitations for criminal prosecution and as the statute of limitations for the enforcement of criminal sanctions.
Statute of Limitations for Criminal Prosecution
The statute of limitations for criminal prosecution occurs when the time prescribed by law passes, during which the competent prosecution has neither initiated nor completed the proceedings. The time period required for the statute of limitations to occur depends on the seriousness of the criminal offense and the penalty prescribed for that offense. Criminal prosecution can no longer be undertaken if the following periods have elapsed:
- 20 years from the commission of a crime for which the law prescribes a prison sentence of more than 15 years;
- 15 years from the commission of a crime for which the law prescribes a prison sentence of more than 10 years;
- 10 years from the commission of a crime for which the law prescribes a prison sentence of more than 5 years;
- 5 years from the commission of a crime for which the law prescribes a prison sentence of more than 3 years;
- 3 years from the commission of a crime for which the law prescribes a prison sentence of more than 1 year; and
2 years from the commission of a crime for which the law prescribes a prison sentence of up to 1 year or a fine.
When the statute of limitations for criminal prosecution occurs, the accused can no longer be criminally prosecuted. If the statute of limitations occurs during the criminal proceedings, depending on the stage at which it occurred, the criminal complaint will be dismissed, the investigation or criminal proceedings will be suspended, or a judgment of dismissal will be issued. The moment the statute of limitations begins is the moment the criminal offense was committed or, if applicable, when the consequence of the offense occurred, if it happens after the criminal act was committed.
Once the statute of limitations begins to run, it can be interrupted by any procedural action taken by the competent authority directed at detecting the crime or identifying and prosecuting the perpetrators. An interruption also occurs if the perpetrator commits an equally serious or more serious offense. With each interruption of the statute of limitations, the limitation period starts anew. However, regardless of interruptions, the statute of limitations for criminal prosecution will always apply if double the period required for the statute of limitations has elapsed—this is known as absolute statute of limitations.
Statute of Limitations for the Enforcement of Criminal Sanctions
The statute of limitations for the enforcement of criminal sanctions refers to the inability to enforce a sentence if it has not been carried out within the legally prescribed period.
A sentence cannot be enforced if the following periods have passed:
- 20 years from the conviction for a prison sentence of more than 15 years;
- 15 years from the conviction for a prison sentence of more than 10 years;
- 10 years from the conviction for a prison sentence of more than 5 years;
- 5 years from the conviction for a prison sentence of more than 3 years;
- 3 years from the conviction for a prison sentence of more than 1 year; and
- 2 years from the conviction for a prison sentence of up to 1 year, a fine, community service, or a driving license revocation.
A juvenile prison sentence cannot be enforced if:
- 10 years have passed from the conviction for a juvenile sentence of more than 5 years;
- 5 years have passed from the conviction for a juvenile sentence of more than 3 years; and
- 3 years have passed from the conviction for a juvenile sentence of up to 3 years.
These periods apply to the statute of limitations for enforcing the primary penalty and begin to run from the final judgment date when the sentence is pronounced. In cases where an additional penalty (fine or driving license revocation) is imposed, the statute of limitations is 2 years. There are also specific limitation periods for the enforcement of security measures, which differ depending on the type of security measure.
The statute of limitations is interrupted by any action taken by the competent authority aimed at enforcing the sentence. With each interruption, the statute of limitations starts again. The statute of limitations for the enforcement of the sentence occurs in every case if double the time prescribed by law for the statute of limitations has passed—this is referred to as absolute statute of limitations. If absolute statute of limitations occurs, the enforcement of the sentence is halted.
Criminal Offenses Exempt from the Statute of Limitations for Criminal Prosecution and Enforcement of Criminal Sanctions
There are certain criminal offenses for which the statute of limitations for criminal prosecution and enforcement of the sentence does not apply. These offenses are the most serious and can be divided into three categories:
- Criminal offenses from the group of crimes against humanity and other goods protected by international law—genocide, crimes against humanity, war crimes against civilians, war crimes against the wounded and sick, war crimes against prisoners of war, organizing and inciting the commission of genocide and war crimes;
- Criminal offenses for which life imprisonment is prescribed; and
- Criminal offenses for which, according to ratified international treaties, the statute of limitations does not apply.