Limitation period of a crime
The limitation period for the right to prosecute depends on the maximum penalty laid down in law for the offence in question. As a rule, the limitation period begins on the date on which the offence was committed. The running of the limitation period is interrupted when the defendant is served with a summons concerning the charge.
The limitation period runs out if the charges are not brought within:
- 20 years, if the maximum penalty is more than eight years of imprisonment,
- 10 years, if the maximum penalty is more than two years and no more than eight years of imprisonment,
- 5 years, if the maximum penalty is more than one year and no more than two years of imprisonment,
- 2 years, if the maximum penalty is imprisonment for no more than one year, a fine, or a petty fine.
For example, assault is punishable by a fine or imprisonment for a maximum of two years. Consequently, the limitation period in such cases is five years.
Special limitation periods
The right to prosecute an offence for which the maximum prescribed penalty is life imprisonment is not subject to a limitation period. An example of such an offence is murder. For offences committed in public office, the shortest limitation period is five years. For certain environmental offences, the limitation period is ten years. The right to prosecute certain sexual offences committed against minors expires no earlier than when the victim reaches the age of 28.
In certain exceptional circumstances, the limitation period may be extended by one year by a decision of the court.
Once the right to prosecute has run out, the case can no longer be investigated and the persons involved must be regarded as innocent.