Concept and Significance of Limitation of Enforcement of Sentences
Die Limitation of Enforcement of Sentences is a central institution of German criminal law that describes the period after which a lawfully imposed sentence may no longer be enforced. This principle is based on the concepts of legal peace, the state’s intention to forget, and legal certainty. The regulations regarding the limitation of enforcement of sentences are essentially enshrined in Sections 79 et seq. of the German Criminal Code (StGB).
Legal Foundations of the Limitation of Enforcement of Sentences
Regulations in the Criminal Code
The German Criminal Code (StGB) contains in Section 79 StGB the time limits for limitation of enforcement of sentences, as well as the respective exceptions, additions, and conditions. Some further detailed rules refer to special cases, such as particular offences or situations of suspension, interruption, or resting of the statute of limitations.
Distinction from Limitation of Prosecution
To be differentiated from the limitation of enforcement is the limitation of prosecution. While the limitation of prosecution determines when an offence can no longer be prosecuted, the limitation of enforcement concerns only the execution (enforcement) of sentences already imposed. The limitation of enforcement thus always requires a final and enforceable title (judgment, penalty order).
Limitation Periods in the Enforcement of Sentences
Standard Periods according to Section 79 StGB
The duration of the limitation period for enforcement depends on the type and severity of the imposed sentence:
- Life imprisonment: Limitation period of 30 years (Section 79 Para. 3 No. 1 StGB)
- Imprisonment of more than 10 years: Limitation period of 25 years (Section 79 Para. 3 No. 2 StGB)
- Imprisonment of more than 5 up to 10 years: Limitation period of 20 years (Section 79 Para. 3 No. 3 StGB)
- Imprisonment of more than 1 up to 5 years: Limitation period of 10 years (Section 79 Para. 3 No. 4 StGB)
- Imprisonment up to one year or monetary fine: Limitation period of 5 years (Section 79 Para. 3 No. 5 StGB)
If there are several criminal sanctions involved, the most severe penalty is always decisive.
Limitation concerning Ancillary Penalties and Consequences
Ancillary penalties (e.g. driving ban) and ancillary consequences (e.g. confiscation of items) are generally subject to their own limitation periods. These are based on the main penalty, unless a specific legal regulation exists.
Commencement and Calculation of the Limitation Period
Point in Time the Period Begins
The limitation period begins in accordance with Section 79 (6) StGB on the day the decision (by which a criminal judgment or penalty order becomes final) takes effect. The date the offence was committed or the judgment was delivered is not decisive.
Calculation and Duration of the Period
The limitation period is calculated by calendar years and comprises the stated number of years from the date of finality. The period ends at the end of the corresponding day in the last calendar year.
Suspension, Interruption and Resting of the Limitation of Enforcement
Suspension of the Limitation Period
The limitation of enforcement can be suspended when statutorily defined obstacles temporarily make enforcement impossible (e.g. in the case of extradition custody abroad). Grounds for suspension are exhaustively regulated by Section 79a StGB .
Interruption of the Limitation Period
In contrast to suspension, grounds for interruption cause the limitation period to begin anew. According to Section 79b StGB the ordering of enforcement measures may in particular lead to interruption, provided they are made known to the convicted person concerned.
Resting of the Limitation Period
The limitation period can rest, for instance, during a deferral of enforcement for health or humanitarian reasons. After the period of rest has ended, the time continues to run.
Consequences of the Limitation of Enforcement
Once the limitation period has expired, further enforcement of the sentence is inadmissible. This means that neither state authorities nor courts may continue to enforce the sentence. Portions of the sentence already enforced remain unaffected by the expiry of the limitation period. Also, enforcement measures already commenced are to be halted immediately if the limitation period has expired.
Exclusion and Special Regulations of Limitation of Enforcement
Exclusion of Limitation for Certain Offences
Certain offences, especially offences against life, are not subject to limitation of enforcement in accordance with Section 79 (2) StGB. This applies in particular to murder as per Section 211 StGB.
Special Regulations in Supplementary Laws
In addition to the regulations of the StGB, numerous supplementary statutes (e.g. the Youth Courts Act, the Act on Regulatory Offences, or the Code of Crimes Against International Law) contain their own provisions on limitation and respective periods, which may differ in individual cases.
International Criminal Law and Foreign Connection
If a criminal conviction with a foreign link applies, the provisions of international treaties or foreign laws may be relevant. For instance, in the case of extradition difficulties or mutual legal assistance proceedings, the limitation period may be extended, interrupted, or suspended.
Significance of the Limitation of Enforcement of Sentences for Individuals and Society
By limiting the enforcement of state sanctions to a fixed period, essential principles of the rule of law such as legal certainty, human dignity, and proportionality are preserved. The limitation of enforcement prevents an excessive burden on former offenders and ensures that the state’s interest in punishment withdraws appropriately over time.
Overview: Relevant Provisions on the Limitation of Enforcement of Sentences
- Section 79 StGB: Limitation of enforcement, time limits, and exceptions
- Section 79a StGB: Suspension of the limitation period for enforcement
- Section 79b StGB: Interruption of the limitation period for enforcement
- Section 78ff. StGB: Limitation of prosecution (distinction)
- Others: Supplementary statutes such as JGG, OWiG, and VStGB
Conclusion
The limitation of enforcement of sentences safeguards legal peace, limits enforceability of penalties to the benefit of the convicted person, and establishes a boundary to the state’s claim for retribution after a certain period. Its scope, regulations, and exceptions are closely linked to the purposes of criminal penalties and the constitutionally guaranteed right to legal certainty. An exact understanding of these statutory provisions is of significant importance for all participants in criminal proceedings.
Frequently Asked Questions
When does the limitation period for enforcement begin to run?
The limitation period for enforcement begins, pursuant to Section 79 (6) StGB, generally on the day the judgment becomes final. The decisive point is when the judgment can no longer be appealed by ordinary legal remedies. This is typically when the period for legal remedies has expired or an appeal has been finally decided. If a substitute custodial sentence is imposed on the convicted person, the period for this sentence begins on the day on which the judgment regarding this measure becomes final. In the case of aggregate sentences, it must be noted that the period begins with the finality of the last connected decision.
Which acts are subject to the limitation of enforcement?
The limitation of enforcement applies exclusively to finally imposed sanctions such as imprisonment, fines, as well as ancillary penalties and consequences, insofar as these are enforceable. Regardless of the type of offense, the limitation thus covers all judgments and penalty orders that lead to enforcement. Pure administrative offences or civil claims are not covered. Special rules apply in juvenile law (Section 79 (3) StGB) as well as for certain state security offences where the limitation period is excluded or extended.
Can interruption actions suspend the limitation of enforcement of sentences?
Yes, the limitation of enforcement can be interrupted by specific measures that are exhaustively stipulated by law. These actions include in particular the taking of coercive measures against the convicted person (e.g. summons to serve a sentence, issuance of an arrest warrant, seizure of assets related to the penalty), extradition of the convicted person, or the commencement of an enforcement hearing. With the interruption, the limitation period begins anew. Interruption is conclusively regulated in Section 79a StGB, so that only the expressly specified actions can interrupt the limitation period.
How do stays abroad by the convicted person affect the limitation of enforcement?
If the convicted person is abroad during the limitation period and enforcement is therefore not possible, the period is suspended under Section 79 (4) StGB. This means that the duration of the stay abroad is not counted towards the limitation period. It does not matter whether the person concerned is legally or illegally outside Germany, only that enforcement cannot be carried out. Upon the convicted person’s return to Germany, the suspended limitation period continues to run.
What special features apply regarding the limitation of enforcement with life imprisonment?
Under German criminal law, life imprisonment is not subject to limitation of enforcement. This is stipulated directly in Section 79 (2) StGB. For such penalties, expiration of enforceability by lapse of time is legally excluded. The possibility of limitation due to actual impediments (such as escape abroad) does not exist in these cases; life imprisonment remains enforceable without limitation.
Can victim interests influence the limitation of enforcement?
Victim interests can play a role in individual cases when it comes to enforcement-related decisions (e.g. in pardon proceedings), but they have no direct influence on the running or suspension of the limitation period. The statutory time limits and grounds for interruption are exhaustively regulated and do not allow consideration of subjective victim interests in calculating the time limit.
What legal consequences arise when the limitation of enforcement occurs?
Once the limitation of enforcement has occurred, further enforcement of the sentence or measure is inadmissible. The person affected can no longer be summoned to serve the sentence or required to pay a fine, and arrest warrants may no longer be maintained. Enforcement authorities must terminate proceedings once the limitation period expires and cease any coercive measures. The conviction itself remains, but the state’s power to enforce the penalty lapses. A formal decision on the limitation is generally not required, but can be established upon the application of the person concerned.
