In the case of criminal offences, we may encounter a situation where the offender’s conduct fulfils all the elements that the law presupposes for the offence in question, and yet the offence is not or cannot be punished in any way because too much time has elapsed since its commission. We are talking about the statute of limitations on prosecution.
The main reason why the statute of limitations is approached is that it is appropriate in terms of the effect of the sentence to impose it as soon as possible after the commission of the offence. Only then can punishment fulfil its preventive and educational role. Delayed punishment is of much less significance both for society and for the offender himself. This is compounded by the difficulty of proving the facts in cases involving years. However, it is important to distinguish how serious the offence was. Surely one cannot ‘pardon’ shoplifting and grievous bodily harm at the same time.
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The individual offences therefore have penalties set according to their severity and different statutes of limitation. And different statutes of limitation apply even to the same offence. Thus, we cannot speak generally of a “statute of limitations for murder”. In this case, it would be necessary to distinguish whether, for example, the murder was of a pregnant woman, for which the law allows for the imposition of an exceptional penalty and the limitation period would thus be thirty years. If there is no similar serious circumstance (and the offence is therefore a crime with a limit of at least ten years), then the limitation period is fifteen years. The law further provides for a limitation period of ten, five and three years for various offences depending on their gravity.
Tip: We have discussed the different types of punishment in detail in a separate article.
Thestatute of limitations generally begins to run from the time of the commission of the offence. Criminal law theory distinguishes certain specific cases, such as continuing offences, in which case the running of the period would only start from the end of the activity in question. For example, in the case of embezzlement, where each month the sales clerk would “adjust” the sales in the store, the statute of limitations would not run from the first such event, but rather from the last. Even if such activity lasted for many years, it would be viewed as a whole, both in terms of punishment and in terms of the statute of limitations. Similarly, the statute of limitations would apply to a continuing offence where the unlawful condition (for example, restraint of liberty) continues. Here, too, it is not when the restriction of liberty occurred that is relevant to the commencement of the limitation period, but rather how long and until when it lasted. Furthermore, we can encounter offences where the effect that has occurred is decisive in terms of punishment. For the crime of murder, in theory, a physical attack on another person on a particular day may occur. However, if the person does not succumb to his injuries until several days later, it is that moment that will be decisive for us.
Thelimitation period is interrupted if one of the reasons listed in the law occurs, which are, for example, the initiation of prosecution or taking into custody. The interruption also occurs when the offender commits any other offence for which the Criminal Code provides for the same or a more severe penalty.
Tip An interruption of the limitation period means that the limitation period that has been counted so far loses its meaning and a new limitation period starts to run.
It is necessary to distinguish from the above the so-called limitation period, where a situation arises in which a certain period of time is not counted towards the limitation period, but the time that has elapsed so far remains valid and is added once the obstacle has passed. This is the case, for example, where the offender cannot be brought to trial at the time because of diplomatic immunity or serious illness. Other similar grounds are set out in the Criminal Code and the Code of Criminal Procedure.
Other offences also have different limitation periods depending on the seriousness of the particular offence. 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 level of punishment imposed. In a situation where a taxpayer evades tax over several tax periods, the elements of a continuing offence may be fulfilled.
Tip: Even a master carpenter makes mistakes sometimes. You file your tax return every year and have the whole process down pat, but you may still forget to declare extra income, or you may forget a tax-deductible item that helps you reduce your tax. Learn how to correct a tax return error.
In the case of the crime of fraud, the limitation period is derived according to the damage caused (and the amount of the threatened penalty) as follows:
The statute of limitations applies to all offences except those specifically listed in the Criminal Code. These include, for example, the crime of treason, terrorist attack, genocide or attack against humanity. In terms of the values protected by the Criminal Code, these are the most serious crimes.
Tip: We have discussed how the different crimes are divided and what characterises them in a separate article.
As with misdemeanors, there are two types of statute of limitations in criminal law: the statute of limitations on criminal liability, described above, and the statute of limitations on the enforcement of a sentence, which occurs more rarely. In the case of the statute of limitations on the enforcement of a sentence, this is a situation in which criminal proceedings have taken place but the sentence has not been enforced for some reason. In such a case, the sentence imposed will no longer be executed if five, ten, twenty or thirty years have elapsed, depending on the length of the sentence.
Statutes of limitations in criminal law reflect the need to impose punishment as soon as possible after the commission of a crime in order to have a preventive and educational effect. Delayed punishment thus loses its significance and makes it more difficult to prove past events. The length of the limitation period depends on the seriousness of the offence committed. In general, the limitation period starts to run from the completion of the offence, but there are exceptions, for example in the case of continuing offences, where it starts to run from the last act. The limitation period may be interrupted or suspended in certain circumstances, such as the commencement of a criminal prosecution. Exceptions to the statute of limitations apply to serious crimes such as genocide or a terrorist attack.
If you have any questions about the statute of limitations for a crime, you can contact us. Email us with your question and you will have an answer from one of our attorneys within 48 hours.
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