"It will just time out..." – Why is waiting it out risky in criminal cases?
Many people think that an old crime or an unenforced sentence will "be forgotten on its own" over time. However, this misconception holds serious dangers. This is because in law, we are talking about two different things: different rules apply to the crime itself (its punishability), and completely different rules apply to a sentence that has already been legally finalized.
In both cases, the most important thing to know is: the statute of limitations does not always take effect just by the deadline passing, because it can be interrupted or suspended at any time.
The interruption of the statute of limitations means that due to an action by the authorities or the court, the calculation of the time limit restarts, i.e., begins from zero, and the time that has already passed is not taken into account.
Let's imagine that 7 years and 11 months have already passed of an 8-year limitation period for a crime. If the authority takes a substantive step at this point (for example, presses charges or issues an arrest warrant), the limitation period restarts, and a completely new 8-year period begins from that point.
The statute of limitations is only interrupted by substantive procedural acts that move the case forward. Without limitation, these include:
It is important that not every official act qualifies. For example, merely scheduling a trial date (if it is not followed by sending out a summons) does not in itself interrupt the statute of limitations. Precise knowledge of these rules is essential.
This rule applies to how long criminal proceedings can be initiated or conducted against someone after the commission of the act.
The general rule is that the limitation period is equal to the upper limit of the prison sentence that can be imposed for the crime, but there is a statutory minimum.
The minimum limitation period is 5 years in all cases. This may differ for certain crimes, for example, in the case of corruption offenses, where it is 12 years.
For example, if the crime is punishable by 2 to 8 years in prison, then it expires after 8 years.
Yes, of course. Such cases occur for certain crimes of exceptional gravity. For example:
This part applies to when a final court judgment has already been issued, but the convicted person has not yet begun serving the sentence (or has not paid the fine). The law specifies how long the authorities have to enforce the imposed sentence.
The limitation periods here depend on the type and severity of the sentence:
In the case of imprisonment:
In the case of a fine, community service, or detention:
In the case of disqualifications (e.g., from driving, from a profession):
Don't take the risk!
As you can see, the rules of limitations are extremely complex. A miscalculation, an overlooked summons, or an arrest warrant issued in the meantime can have fatal consequences. Do not leave your future to chance or to information acquired through hearsay.
If you or a relative of yours have a past criminal case, or are uncertain about the enforceability of a prior judgment, contact our law firm for expert legal assistance!
