Statute of limitations
The limitation period prevented Criminal further prosecution of a specific offense .
General
The statute of limitations is to be observed ex officio . The statute of limitations on prosecution in criminal and fines matters is of particular importance, as it allows those affected to go out without a penalty or fine. A criminal offense may then no longer be prosecuted by the law enforcement authorities and no longer be brought to justice if a certain period of time - the limitation period - has passed between the termination of the offense and its discovery . In the individual legal regulations, however, there are usually multiple interruptions that extend the period for the statute of limitations.
Statute of limitations for prosecution in federal German criminal law
The limitation period is regulated in Section 78 of the German Criminal Code and, according to Paragraph 3:
- thirty years for acts that are threatened with life imprisonment,
- twenty years in the case of offenses that are threatened with imprisonment of more than ten years (e.g. manslaughter ),
- ten years in the case of acts that are threatened with imprisonment of more than five years up to ten years (e.g. arson , sexual abuse of children ),
- five years for acts that are threatened with imprisonment from more than one year to five years (e.g. bodily harm , theft ),
- three years for other offenses (e.g. trespassing ).
Murder ( § 211 StGB) never expires (§ 78 Abs. 2 StGB). As a result of the third statute of limitations debate on March 29, 1979, this was decided by the German Bundestag on July 3, 1979 . Until the second limitation debate in 1969, shorter limitation periods of up to 20 years applied.
The start of the limitation period is regulated in Section 78a of the Criminal Code. This only begins when the act is over. This is the case when the offender has fulfilled all of the criteria ( completion ) and the offense has been concluded ( termination ). This is the case, for example, in the case of theft when the perpetrator has brought the object into his custody and then secured this custody.
The suspension of the statute of limitations is regulated in § 78b StGB and the interruption in § 78c StGB. In the case of sexual abuse, rape and similar crimes, since 2015 the period does not start until the victim turns 30 (previously 21 or 18).
Statute of limitations for prosecution in administrative offense law
The statute of limitations for prosecution in regulatory offense law is particularly important in the area of traffic offenses due to the large number of punished violations. The limitation period according to § 31 OWiG is, unless the law provides otherwise, according to § 31 para. 2 OWiG:
- three years in the case of administrative offenses that are threatened with a maximum fine of more than 15,000 euros,
- two years in the case of administrative offenses that are threatened with a maximum fine of more than 2,500 up to 15,000 euros,
- one year in the case of administrative offenses that are threatened with a maximum fine of more than 1,000 to 2,500 euros,
- six months for the other administrative offenses.
A special case in which the law stipulates otherwise is Section 26 (3) StVG: In the event of an administrative offense under Section 24 StVG (i.e. violations of the StVO and StVZO ), the statute of limitations is three months, as long as neither a fine notice has been issued nor a public complaint is raised. In these cases the limitation period is doubled to six months. In the case of other violations, in particular alcohol and drug violations in accordance with §§ 24 a, 24 b, 24 c StVG, the duration of the limitation period is based on the general provision of § 31 OWiG again according to the maximum amount of the threatened fine.
The limitation period for prosecution is suspended under certain conditions ( Section 32 OWiG).
The prosecution authorities (public prosecutor's office, administrative fines and courts) can use measures pursuant to Section 33 of the OWiG, e.g. B. the first interrogation of the person concerned, the order to announce the allegation of fines or be interrupted by judicial measures. After an interruption, the limitation period starts again. The period of limitation for prosecution can also be interrupted through measures that are not known to the person concerned. It is therefore always advisable to examine the individual case, preferably by a lawyer.
Limitation of prosecution in other regulations
The term of statute of limitations can be found u. a. in other laws:
- "Law on the suspension of the statute of limitations and the equality of judges and employees of the International Criminal Court" of June 21, 2002 (no longer in force with effect from November 26, 2015, Federal Law Gazette I p. 2025, 2027 )
- Section 384 Tax Code (AO)
- Section 95a Federal Notary Code (BNotO)
