Statute of limitations - national proceedings

Turkey

Criminal Code

FIRST VOLUME
General Provisions

THIRD CHAPTER
Sanctions

FOURTH SECTION
DISMISSAL OF AN ACTION AND VACATION OF PUNISHMENT

Statute of Limitation

ARTICLE 66- (1) Unless otherwise is provided in the law, public action is dismissed upon lapse of ;

a) Thirty years in offenses requiring punishment of heavy life imprisonment,
b) Twenty-five years in offenses requiring punishment of life imprisonment,
c) Twenty years in offenses requiring punishment of imprisonment not less than twenty years,
d) Fifteen years in offenses requiring punishment of imprisonment more than five years and less than twenty years,
e) Eight years in offenses requiring punishment of imprisonment or punitive fine not more than five years

(2) Public action is dismissed upon lapse of half of the a/m periods if the convict completed the age of ten but not yet attained the age of fifteen at the commission date of the offense ; as for the convicts who completed the age of fifteen but not attained the age of eighteen, public action is dismissed upon lapse of one third of the a/m periods.

(3) In determination of statute of limitation, the qualified form of offense which requires imposition of heavy punishment is considered on the basis of the evidences presented to the file.

(4) The maximum limit of the punishment assessed in the law for the offense is taken into account during determination of the periods mentioned in afore subsection. In offenses, where imposition of alternative punishment is in question, the punishment of imprisonment is taken as basis with regard to statute of limitation.

(5) For the offender who is re-tried due to execution of same act no matter what the reason is, the statute of limitation to be determined according to the principle stipulated in third subsection for the subsequently tried offense is considered.

(6) In succeeded offenses, the statute of limitation starts to run as of the commission date of offense ; in attempt to accomplish offense, as of the execution date of last act ; in continuing offenses, as of the date on which the offense is discontinued ; and in successive offenses, as of the commission date of last offense. In offenses committed against the minors by the antecedents or the persons who hold control or power on these persons, the statute of limitation starts to run as of the date on which the minor attains the full age of eighteen.

(7) Statute of limitation may not be applicable in case of commission of offenses in abroad, which require heavy imprisonment, or imprisonment or imprisonment more than ten years.

SECOND VOLUME
Special Provisions

FIRST CHAPTER
International Offenses

FIRST SECTION
Genocide and Offenses against Humanity

Genocide

ARTICLE 76-(4) These offenses are not subject to statute of limitation.

SECOND VOLUME
Special Provisions

FIRST CHAPTER
International Offenses

FIRST SECTION
Genocide and Offenses against Humanity

Offenses against Humanity

ARTICLE 77-(4) These offenses are not subject to statute of limitation.

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.