Concept and legal framework of the statute of limitations for prosecution
Die Statute of limitations for prosecution is a fundamental instrument of criminal law that determines the period within which a criminal offense may be prosecuted by law enforcement authorities (particularly public prosecutors and courts). After this period expires, it is no longer possible to initiate or continue criminal proceedings for the offense in question. The statute of limitations for prosecution thus constitutes a temporal obstacle to criminal justice and serves, among other purposes, legal certainty, procedural economy, and protection against unreasonable hardship for the offender.
The statutory basis for the statute of limitations for prosecution in Germany is primarily found in Sections 78 et seq. of the German Criminal Code (StGB). Comparable rules exist in most rule-of-law criminal justice systems.
Purpose and significance of the statute of limitations for prosecution
The function of the statute of limitations for prosecution is multifaceted. It primarily serves legal certainty by limiting the State’s punitive power to an appropriate period. After an objectively excessive period, there is often no longer a legitimate social interest in prosecuting certain offenses, and clarification of the facts becomes increasingly difficult over time. Witness statements lose evidentiary value, evidence may be lost, and the memory of those involved may fade.
Furthermore, the statute of limitations serves to protect the individual from indefinite and permanent threats of criminal prosecution, which is deemed unreasonable from the perspective of the rule of law.
Legal foundations of the statute of limitations for prosecution
General provisions (§§ 78 et seq. StGB)
The statute of limitations for prosecution is regulated in Section 8 of the German Criminal Code (§§ 78 to 78c StGB). These provisions govern in particular:
- Principle of limitation (§ 78 (1) StGB): For criminal offenses, the limitation periods set out above apply unless the law provides otherwise.
- Non-expiring offenses (§ 78 (2) StGB): Additional offenses may be rendered exempt from limitation by special laws, for example, genocide (§ 220a StGB (old version), Art. 1 VStGB).
Limitation periods (§ 78 (3) StGB)
The duration of the limitation period depends on the maximum sentence threatened for the offense:
- 30 years: for offenses punishable by life imprisonment
- 20 years: for offenses for which the maximum sentence is more than ten years
- 10 years: for offenses punishable by a maximum of more than five years’ imprisonment
- 5 years: for all other punishable acts not threatened with a fine
- 3 years: Offenses punishable by only a fine or imprisonment of up to five years
Commencement, suspension, and interruption of the statute of limitations for prosecution
Commencement of period (§ 78a StGB)
The limitation period generally begins when the criminal act is completed. For continuing offenses or repeated offenses, the period begins at the end of the last act or the cessation of the continuing conduct.
Suspension of limitation (§ 78b StGB)
Suspension of the limitation period means that the running of the period is temporarily halted. Statutory provisions on suspension apply, among others, in specific circumstances—for example, in cases of sexual offenses against children, until the victim reaches the age of 30. Suspension does not extend the limitation period, but temporarily interrupts its running.
Interruption of limitation (§ 78c StGB)
The limitation period may be interrupted by certain acts specified by law. These include, among others:
- the first interrogation of the suspect,
- notification of the investigation,
- filing of the public charges,
- issuance of an arrest warrant or placement order,
- as well as certain procedural acts by the court.
With each interruption, the limitation period starts anew. However, even with multiple interruptions, certain maximum limits may not be exceeded; the absolute statute of limitations is twice the statutory period, but at least a certain maximum regulated by law.
Non-limiting offenses
Certain particularly serious crimes are exempt from the statute of limitations under German law. These include, in particular:
- Murder (§ 211 StGB): Murder does not become time-barred, as it is a capital offense of particular gravity (Art. 102 GG).
- Genocide, crimes against humanity, and war crimes: According to the German Code of Crimes against International Law and international guidelines, these offenses are also not subject to limitation, to ensure effective prosecution worldwide.
Distinction: Limitation on prosecution and limitation on enforcement
The statute of limitations for prosecution must be distinguished from the statute of limitations for enforcement:
- Statute of limitations for prosecution: regulates whether criminal proceedings for a certain offense may be commenced or continued at all.
- Statute of limitations for enforcement: concerns the enforceability of a legally imposed sentence. It regulates when a sentence can no longer be enforced, even though the offender has been convicted (see §§ 79 et seq. StGB).
International aspects of limitation in criminal prosecution
The statute of limitations for prosecution also exists outside of Germany. However, the specific provisions and time limits differ significantly from country to country and may vary considerably from German regulations.
In the context of international cooperation, especially regarding extradition, offenses committed abroad, or European arrest warrants, it must be examined whether a limitation period under German or foreign law constitutes a bar to prosecution.
Criticism and reform debates
In legal scholarship and legislation, the necessity and design of the statute of limitations for prosecution are regularly questioned. There is particular discussion about the appropriateness of limitation periods for particularly serious offenses and exceptions to limitation, for example, in the case of sexual offenses against children.
Recent legislative changes, such as the extension of limitation periods or the suspension of limitation in certain cases, reflect the specific dimension of injustice and harm in many offenses.
Practical significance of the statute of limitations for prosecution
For law enforcement authorities, courts, and potential suspects, the statute of limitations for prosecution has considerable practical significance. It affects both investigation strategies and the rights of those concerned. If there is doubt about limitation, the initiation or continuation of criminal proceedings is not permitted.
Adhering to and correctly calculating limitation periods is therefore an essential part of the application and interpretation of criminal law.
Summary
The statute of limitations for prosecution is a central rule-of-law principle that defines the temporal boundaries of criminal prosecution. It is precisely regulated by statute and has a significant impact on all parties to the criminal process. While on the one hand it serves legal certainty and procedural economy, on the other hand it protects the individual from eternal threats of criminal sanctions. Ongoing development, particularly with regard to special categories of offense and social change, underscores the high practical relevance and continuing need for debate surrounding the statute of limitations for prosecution.
Frequently Asked Questions
What time limits apply to the statute of limitations for various offenses?
The limitation periods for prosecution depend on the severity of the respective offense and are regulated in the Criminal Code (StGB). In principle, for serious crimes punishable by life imprisonment, the limitation period is 30 years (§ 78 (3) No. 1 StGB). For offenses threatened with a maximum sentence of more than ten years’ imprisonment, the period is 20 years (§ 78 (3) No. 2 StGB); for those with maximum sentences exceeding five years’ imprisonment, 10 years apply (§ 78 (3) No. 3 StGB). Offenses with maximum sentences of more than one year’s imprisonment are subject to a limitation period of 5 years (§ 78 (3) No. 4 StGB), and all other offenses expire in 3 years (§ 78 (3) No. 5 StGB). However, there are exceptions, such as murder (§ 78 (2) StGB), which is not subject to limitation. Additionally, there are special rules for individual offenses outside the StGB and provisions that inhibit the running of limitation periods.
When does the statute of limitations for prosecution begin to run?
The limitation period generally begins on the day the offense is completed (§ 78a StGB). For continuing offenses or offenses with continuing effects (e.g., deprivation of liberty), the period starts as soon as the unlawful state is ended. For certain offenses, particularly when the victim was a minor at the time of the act (such as in sexual offenses), the start date is postponed until the victim’s 30th birthday, meaning the limitation period starts only from this point. This serves as protection for victims and takes into account that victims may only be ready to report much later.
What happens if the statute of limitations expires during criminal proceedings?
If the statute of limitations expires during ongoing criminal investigations or court proceedings, the proceedings must be discontinued. The public prosecutor and the court are obliged to examine limitation ex officio. Any conviction would be inadmissible, as the procedural obstacle of limitation precludes a verdict of guilt. The discontinuation then takes place pursuant to § 206a StPO due to a procedural obstacle. If later new, still unexpired offenses related to the same facts are discovered, these can be prosecuted again, provided that the limitation period for them has not expired.
Which events can interrupt or suspend the limitation period?
The limitation period can be interrupted by certain acts and events, so that the time elapsed up to that point is no longer counted and the period starts anew after the interruption (§ 78c StGB). Interrupting acts include, among others, the first interrogation of the suspect, the formal bringing of public charges, the opening of the main trial, and certain decisions or acts by the court or public prosecutor. Suspension occurs less frequently and means that the period is temporarily halted (but not reset), e.g., during pending extradition proceedings of a suspect.
Are there offenses that never expire?
Yes, for certain particularly serious offenses, such as murder (§ 211 StGB) and genocide (§ 220a StGB), the statute of limitations is statutorily excluded. This means that prosecution is possible even decades or centuries after the offense, regardless of when it was committed. This provision is intended to ensure that particularly serious violations of the peace of law remain subject to prosecution indefinitely.
Can offenses committed abroad no longer be prosecuted in Germany due to limitation?
The limitation on offenses committed abroad is governed by German law, as long as German courts have jurisdiction (§ 9 StGB). However, the German court may, for the purpose of limitation calculation, credit periods during which the proceedings were properly conducted abroad or during which the perpetrator was in hiding abroad. In addition, in certain cases, foreign law may be taken into account if it is more favorable to the perpetrator (§ 78b StGB).
How are limitation periods treated in juvenile criminal law?
In juvenile criminal law, the same limitation periods as in adult criminal law generally apply, but with adjustments according to the maximum penalties applicable to juveniles. Since the maximum penalty in juvenile law is 10 years of juvenile detention (§ 18 (1) JGG), the longest limitation period is limited to 20 years. Some special provisions, such as the postponement of the commencement of the period for sexual offenses against minors, also apply in juvenile criminal law.
