Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
CHAPTER V
REASONS FOR TERMINATING LIABILITY TO PUNISHMENT
Section 25 Liability to punishment shall be terminated by
a) the death of the perpetrator,
b) statute of limitations,
c) pardon,
d) active repentance,
e) another reason specified in an Act.
Statute of limitations regarding liability to punishment
Section 26 (1) With the exceptions specified in paragraphs (2) to (3) and unless otherwise
provided in the Act excluding the statute of limitations for certain criminal offences, liability
to punishment shall become statute-barred after a period corresponding to the maximum of
the penalty range, but at least after five years.
(2) For criminal offences specified in Chapter XXVII, liability to punishment shall become
statute-barred after twelve years.
(3) Liability to punishment shall not become statute-barred for criminal offences
a) specified in Chapters XIII and XIV,
b) that may be punished also by life imprisonment, and
c) specified in Chapter XIX and punishable by more than five years of imprisonment if the
aggrieved party of the criminal offence had not attained the age of eighteen years when the
criminal offence was committed.
Section 27 The first day of the limitation period shall be
a) for a completed criminal offence, the day when the statutory elements are fulfilled,
b) for an attempt and preparation, the day when the act constituting the attempt or
preparation is finished,
c) for a criminal offence that is committed solely by failing to perform an obligation, the
day when the perpetrator could still perform his obligation without any consequence under
this Act,
d) for a criminal offence that is committed by maintaining an illegal state of affairs, the day
when this state of affairs terminates.
Section 28 (1) The limitation period shall be interrupted if the court, prosecution service,
investigating authority, or, in a case with an international dimension, the minister responsible
for justice or a foreign authority takes any criminal procedural action against the perpetrator
due to the criminal offence. The limitation period shall start again on the day of interruption.
(1a) If the aggrieved party of homicide in the heat of passion, of intentionally causing
grievous bodily harm if punishable by more than three years of imprisonment, of kidnapping,
of trafficking in human beings and forced labour, of violation of personal freedom, or, with
the exception specified in section 26 (3) c), of a criminal offence against the freedom of
sexual life and sexual morality had not yet attained the age of eighteen years when the
criminal offence was committed, the limitation period shall not include the period left until
the aggrieved party attains or would have attained the age of twenty-one years.
(2) If criminal proceedings are suspended, the limitation period shall not include the period
of suspension. This provision shall not apply if criminal proceedings are suspended because
the perpetrator could not be identified during the investigation, his whereabouts are unknown
or he became affected by a mental disorder, or if the whereabouts of the defendant at liberty
abroad are known and criminal proceedings cannot be conducted in his absence.
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