Shrnutí: The statute of limitations for a criminal offense means that, after a period specified by law has elapsed, the offender’s criminal liability generally ceases. In 2026, the statute of limitations is generally 3, 5, 10, 15, or 30 years, depending on the severity of the offense. However, the statute of limitations may be interrupted, or certain periods may not be counted toward it. Furthermore, some of the most serious crimes are not subject to a statute of limitations at all.
The main reason for applying the statute of limitations is that, from the perspective of the punishment’s effectiveness, it is appropriate to impose it as soon as possible after the crime is committed. Only then can the punishment fulfill its preventive and rehabilitative roles. Delayed punishment, in fact, is of much less significance both for society and for the offender himself. Added to this is the difficulty of proving the case when the events occurred some time ago. However, it is necessary to distinguish how serious the crime was. Certainly, shoplifting and aggravated assault cannot be “pardoned” at the same time.
From our legal practice: Clients often calculate the statute of limitations simply from the date they believe the crime occurred. In a specific case, however, the legal classification of the act, the moment it ended or took effect, and any events that interrupted or suspended the statute of limitations may be decisive. Therefore, the statute of limitations cannot be reliably determined based solely on the age of the incident.
Not sure whether the statute of limitations for a crime has already expired? The calculation may not be as simple as it seems at first glance. An attorney will assess the legal classification of the offense, the length of the applicable statute of limitations, and whether it was interrupted or suspended during that period. Have your case reviewed by an attorney.
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The statute of limitations and preclusion are not the same thing. Preclusion generally means the extinction of the right itself as a result of the fruitless expiration of a specified period. In criminal law, the term “statute of limitations” is used in connection with criminal liability: after the expiration of the statute of limitations period, criminal liability for a criminal offense ceases under the conditions prescribed by law. Therefore, the terms “preclusion” and “statute of limitations” should not be confused.
Depending on their severity, individual criminal offenses are subject to both specific penalties and different statutes of limitations. Moreover, different statutes of limitations may apply even to a single set of facts.
The statute of limitations for murder is governed by special provisions. Under the current version of the Criminal Code, the statute of limitations for the crime of murder is 30 years. The same 30-year period also applies to crimes for which the law permits the imposition of an exceptional sentence. For other criminal offenses, the length of the statute of limitations generally depends on the maximum penalty and is 3, 5, 10, or 15 years.
Tip: We’ve covered the different types of penalties in detail in a separate article.
The statute of limitations generally begins to run from the moment a crime is committed. In criminal law theory, we distinguish certain specific cases, such as continuing offenses, in which the statute of limitations would not begin to run until the activity in question has ended. For example, in the case of embezzlement, where a salesperson “adjusts” the store’s sales every month, the statute of limitations would not begin to run from the first such incident, but rather from the last one. Even if such activity lasted for many years, it would be viewed as a single entity both from the perspective of punishment and from the perspective of the statute of limitations.
The statute of limitations would be viewed similarly for a continuing criminal offense in which the unlawful state persists (such as the restriction of personal liberty). Here, too, the starting point of the statute of limitations is not determined by when the restriction of liberty began, but rather by how long it lasted and when it ended. Furthermore, we may encounter crimes for whichthe effect that occurred isdecisive from the perspective of punishment. In the case of murder, a physical attack on another person may theoretically occur on a specific day. However, if the victim does not succumb to their injuries until several days later, it is this moment that will be decisive for us.
The statute of limitations is interrupted if any of the grounds specified by law occur, such as the initiation of criminal prosecution or placement in pretrial detention. The statute of limitations is also interrupted if the perpetrator commits any other crime for which the Criminal Code prescribes the same or a more severe penalty. In the event of an interruption, the entire period restarts—it begins anew from the start.
Common mistake: Confusing the interruption and suspension of the statute of limitations. In the case of an interruption, a new statute of limitations begins to run from the start following the event specified by law. In the case of a suspension, on the other hand, only a certain period of time is excluded from the statute of limitations.
In older cases, the outcome may hinge on a single event that interrupted or suspended the statute of limitations. If you need to determine whether a specific crime is truly barred by thestatute of limitations, please describe your case to us.
Tip: Caution! An interruption of the statute of limitations means that the period that has elapsed so far is no longer counted, and a new statute of limitations period begins.
This must be distinguished from what is known as a “suspension of the statute of limitations,” which occurs when a certain period is not counted toward the statute of limitations; however, the time that has already elapsed remains valid and is added to the total once the obstacle in question ceases to exist. An example of such a situation is when the perpetrator cannot be brought to trial at a given time due to diplomatic immunity or serious illness. The Criminal Code and the Criminal Procedure Code specify other similar grounds. In this case, therefore, the statute of limitations is merely suspended—it resumes once the obstacle ceases to exist.
Other criminal offenses also have different statutes of limitations depending on the severity of the specific crime. The severity of the offense determining the length of the statute of limitations must be assessed based on the maximum possible penalty prescribed by the Criminal Code for that offense. For example, the statute of limitations for the crime of tax evasion may be five, ten, or even 15 years, depending on the amount of damage caused and the severity of the penalty imposed. In a situation where a taxpayer evades taxes over multiple tax periods, the elements of a continuing offense may be satisfied.
Tip: Even the best carpenter makes mistakes sometimes. You file your tax return every year and know the entire process like the back of your hand, but you might still overlook reporting some extraordinary income—or, conversely, forget to claim a tax-deductible item that could help lower your tax bill. Read on to find out how to correct an incorrect tax return.
In the case of the crime of fraud, the amount of damage caused affects the legal classification of the offense and, consequently, the severity of the potential penalty, which in turn determines the statute of limitations. The Criminal Code currently distinguishes between the following thresholds for damage:
However, the amount of the damage alone does not automatically determine the length of the statute of limitations. The decisive factors are the specific legal classification of the fraud under the Criminal Code and the maximum term of imprisonment prescribed by law for that offense.
There is no general deadline for filing a criminal complaint. Therefore, it is not necessary to file a criminal complaint, for example, within 30 days or within one year of the commission of the crime. However, the sooner you file it, the easier it is, as a rule, to secure evidence and clarify the circumstances of the case.
The statute of limitations for the crime may be a decisive factor. If the offender’s criminal liability has already expired due to the statute of limitations, criminal prosecution is generally not permitted. Therefore, it is not advisable to delay filing the report unnecessarily, especially if a significant amount of time has passed since the incident.
A criminal complaint is accepted by a police authority or a public prosecutor. If the complainant requests to be notified, they must be informed of the measures taken within one month.
The statute of limitations for criminal offenses applies to all offenses except those expressly listed in the Criminal Code. These include, for example, treason, terrorist attacks, genocide, and crimes against humanity. From the perspective of the values protected by the Criminal Code, these are the most serious crimes.
Tip: We’ve broken down the different types of crimes and their defining characteristics in a separate article.
Just as with administrative offenses, criminal law distinguishes between two types of statutes of limitations: the statute of limitations on criminal liability, which is described above, and the statute of limitations on the enforcement of a sentence, which occurs only in exceptional cases. In the case of the statute of limitations on the enforcement of a sentence, this refers to a situation where criminal proceedings have taken place, but the sentence has not been enforced for some reason. In such a case, the sentence that has already been imposed will not be enforced if five, ten, twenty, or thirty years have elapsed, depending on the length of the sentence.
The statute of limitations for a criminal offense results in the extinction of criminal liability after the expiration of the period specified by law, provided certain conditions are met. Depending on the severity of the offense, the statute of limitations is generally 3, 5, 10, 15, or 30 years; under current law, the statute of limitations for murder expires after 30 years. The statute of limitations may be interrupted or suspended, and some of the most serious crimes are not subject to any statute of limitations at all. There is no general deadline for filing a criminal complaint; however, it is not advisable to delay filing unnecessarily—as time passes, gathering evidence becomes more difficult and the statute of limitations may expire. Exceptions to the statute of limitations apply to serious crimes such as genocide or terrorist attacks.
If you have any questions regarding the statute of limitations for a crime, please feel free to contact us. Send us your question, and you’ll receive a response from one of our attorneys within 48 hours.
Depending on the severity of the offense, the statute of limitations is generally 3, 5, 10, 15, or 30 years. The decisive factors are primarily the legal classification of the crime and the statutory penalty.
The law does not specify a general time limit, such as 30 days or one year. However, the statute of limitations on criminal liability may be relevant, so it is not advisable to delay filing a report unnecessarily.
No. The Criminal Code specifies a group of crimes for which the statute of limitations on criminal liability does not apply.
The statute of limitations is assessed in criminal proceedings based on the specific legal classification of the offense, the length of the limitation period, and the circumstances affecting its course.
Yes. For example, by initiating criminal proceedings. Once the statute of limitations is interrupted, a new statute of limitations period begins to run under the terms of the Criminal Code. Current Supreme Court case law confirms this rule.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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