Statute of limitations - national proceedings

Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

PART ONE GENERAL
CHAPTER IV EXPIRATION OF CRIMINAL LIABILITY
Division 2 Limitation of Criminal Liability

Section 34 Period of Limitation
(1) Criminal liability for a criminal offence shall expire upon the lapse of the period of limitation, which amounts to
a) twenty years where is concerned a criminal offence for which the Criminal Code stipulates imposition of an exceptional sentence of imprisonment, and a criminal offence committed as part of the drafting or approving of a privatisation project according to another legal regulation,
b) fifteen years where the upper limit of a sentence of imprisonment amounts to a minimum of ten years,
c) ten years where he upper limit of a sentence of imprisonment amounts to a minimum of five years,
d) five years where the upper limit of a sentence of imprisonment amounts to a minimum of three years,
e) three years for other criminal offences.
(2) The limitation period in case of criminal offences where the characteristic is an effect or those where the effect is a characteristic of the merits of the case, shall start from the moment when such effect occurred; for other criminal offences, the period of limitation shall start upon completion of their conduct. The period of limitation of a participant shall start upon completion of the act by the main offender.
(3) The following shall not be counted into the period of limitation
a) the period of time during which the offender could not have been brought to the court
due to a legal obstacle,
b) the period of time during which the criminal prosecution was suspended,
c) the period of time during which a victim of Human trafficking (Section 168) or of any of the criminal offences referred to in Chapter III of the Special Part of this Act on Sexual criminal offences against human dignity was younger than 18 years,
d) probation period applying to conditional discontinuation of criminal prosecution.
(4) The period of limitation shall be discontinued
a) by commencing a criminal prosecution for the criminal offence to which the period of
limitation applies, as well as by following placement in custody, issue of an order to arrest, an arrest warrant or a European Arrest Warrant, by submitting an indictment, by filing a motion for punishment, enunciation of a convicting judgment for this criminal offence or by serving a criminal order for such criminal offence to the accused, or
b) if the offender has committed a new criminal offence during the period of limitation for which criminal law sets out the same or a more severe punishment.
(5) Any discontinuation of the period of limitation shall cause the period of limitation to start anew from the beginning.

Section 35 Exceptions from Limitation
The lapse of the period of limitation shall not cause expiration of criminal liability
a) for criminal offences under Chapter XIII of the Special Part of this Act, except for any criminal offences of Founding, support and promotion of a movement aimed at suppression of human rights and freedoms (Section 403), Expressing Sympathies for Movements Seeking to Suppress Human Rights and Freedoms (Section 404), Denial, Impugnation, Approval and Justification of Genocide (Section 405), including such
acts committed in the past that would now meet the criteria of such criminal offences,
b) for criminal offences of Subversion of the Republic (Section 310), Terrorist attack (Section 311) and Terror (Section 312), if they were committed under such circumstances that they constitute war crimes or crimes against humanity as specified
under regulations of international law,
c) for any other criminal offences committed between February 25, 1948 and December
29, 1989, where the upper limit of the sentence of imprisonment amounts to at least ten years, if, due to reasons incompatible with the fundamental principles of the legal order of a democratic State, final conviction or acquittal has not occurred, and for any criminal offences committed by public officials or in association with persecution of an individual or a group of people due to political, racial or religious reasons.

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART ONE
GENERAL PART

CHAPTER IV
EXPIRATION OF CRIMINAL LIABILITY

Division 2 Limitation of Criminal Liability

Section 34 Period of Limitation
(1) Criminal liability for a criminal offence shall expire upon the lapse of the period of limitation, which amounts to
a) twenty years where is concerned a criminal offence for which the Criminal Code stipulates imposition of an exceptional sentence of imprisonment, and a criminal offence committed as part of the drafting or approving of a privatisation project according to another legal regulation,
b) fifteen years where the upper limit of a sentence of imprisonment amounts to a minimum of ten years,
c) ten years where he upper limit of a sentence of imprisonment amounts to a minimum of five years,
d) five years where the upper limit of a sentence of imprisonment amounts to a minimum of three years,
e) three years for other criminal offences.
(2) The limitation period in case of criminal offences where the characteristic is an effect or those where the effect is a characteristic of the merits of the case, shall start from the moment when such effect occurred; for other criminal offences, the period of limitation shall start upon completion of their conduct. The period of limitation of a participant shall start upon completion of the act by the main offender.
(3) The following shall not be counted into the period of limitation
a) the period of time during which the offender could not have been brought to the court
due to a legal obstacle,
b) the period of time during which the criminal prosecution was suspended,
c) the period of time during which a victim of Human trafficking (Section 168) or of any of the criminal offences referred to in Chapter III of the Special Part of this Act on Sexual criminal offences against human dignity was younger than 18 years,
d) probation period applying to conditional discontinuation of criminal prosecution.
(4) The period of limitation shall be discontinued
a) by commencing a criminal prosecution for the criminal offence to which the period of
limitation applies, as well as by following placement in custody, issue of an order to arrest, an arrest warrant or a European Arrest Warrant, by submitting an indictment, by filing a motion for punishment, enunciation of a convicting judgment for this criminal offence or by serving a criminal order for such criminal offence to the accused, or
b) if the offender has committed a new criminal offence during the period of limitation for which criminal law sets out the same or a more severe punishment.
(5) Any discontinuation of the period of limitation shall cause the period of limitation to start anew from the beginning.

Section 35 Exceptions from Limitation
The lapse of the period of limitation shall not cause expiration of criminal liability
a) for criminal offences under Chapter XIII of the Special Part of this Act, except for any criminal offences of Founding, support and promotion of a movement aimed at suppression of human rights and freedoms (Section 403), Expressing Sympathies for Movements Seeking to Suppress Human Rights and Freedoms (Section 404), Denial, Impugnation, Approval and Justification of Genocide (Section 405), including such
acts committed in the past that would now meet the criteria of such criminal offences,
b) for criminal offences of Subversion of the Republic (Section 310), Terrorist attack (Section 311) and Terror (Section 312), if they were committed under such circumstances that they constitute war crimes or crimes against humanity as specified
under regulations of international law,
c) for any other criminal offences committed between February 25, 1948 and December 29, 1989, where the upper limit of the sentence of imprisonment amounts to at least ten years, if, due to reasons incompatible with the fundamental principles of the legal order of a democratic State, final conviction or acquittal has not occurred, and for any criminal offences committed by public officials or in association with persecution of an individual or a group of people due to political, racial or religious reasons.

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.