Article 102. If in the period provided for in Article 101 proceedings against a person have been
instituted, the amenability to an penalty for the offence ceases after the expiration of 5 years from the end
of that period.
Article 103. § 1. A penalty may not be executed if, from the time when the judgement has
become final and valid, the following number of years have elapsed:
1)
30 - in case of a sentence to a penalty of deprivation of liberty for a period exceeding 5
years or to a more severe penalty;
2)
15 - in case of a sentence to a penalty of deprivation of liberty not exceeding 5 years;
3)
10 - in case of a sentence to another penalty.
§ 2. The provision of § 1 section 3 shall be applied accordingly to the penal measures specified in
Article 39 sections 1 through 4 and 6 and 7; the provision of § 1 section 2 shall be applied accordingly to
the penal measure specified in Article 39 section 5.
Article 104. § 1.The period of limitation does not run, if a provision of law does not permit the
criminal proceedings to be instituted or to continue; this however, does not apply to the lack of a motion
or a private charge.
§ 2. The period of limitation regarding the offences specified in Article 144, Article 145 § 2 or 3,
Article 338 § 1 or 2 and in Article 339 shall run from the date of performing the obligation, or from the date
on which the obligation ceased to be borne.
Article 105. § 1. The provisions of Articles 101 through 103 shall not be applied to crimes against
peace, crimes against humanity or war crimes.
37