Article 1 Code of Crimes against International Law (CCAIL)

Part 1 General provisions

Section 5 Non-applicability of statute of limitations

The prosecution of serious criminal offences [3] pursuant to this Act and the execution of sentences imposed on their account shall not be subject to any statute of limitations

GENERAL PART

CHAPTER FIVE
LIMITATION PERIOD

SECOND TITLE
LIMITATION ON ENFORCEMENT

Section 79
Limitation period

(1) Any imposed penalty or measure (section 11(1) No 8) which has become final may no longer be enforced after the expiry of the limitation period.
(2) The enforcement of sentences of imprisonment for life is not subject to a statute of limitations.
(3) The limitation period shall be
1. twenty-five years for a term of imprisonment of more than ten years;
2. twenty years for a term of imprisonment of more than five years but not more than ten years;
3. ten years for a term of imprisonment of more than one year but not more than five years;
4. five years for a term of imprisonment not exceeding one year and fines of more
than thirty daily units;
5. three years for fines not exceeding thirty daily units.
(4) The enforcement of an incapacitation order and of an indeterminate supervision order (section 68c(2) 1st sentence or (3)) shall not be subject to a statute of limitations. The limitation period shall be
1. five years in all other cases of supervision orders and the first custodial addiction treatment order,
2. ten years for all other measures.
(5) If a sentence of imprisonment and a fine are imposed at the same time, or if in addition to a sentence a custodial measure, confiscation, deprivation or destruction are ordered, the enforcement of the sentence or the measure shall not be barred by the statute of limitations before the enforcement of the others. A simultaneous incapacitation order shall not prevent the course of the limitation period for the enforcement of penalties or other measures.
(6) The limitation period shall commence when the decision becomes final.

Section 79a
Stay of limitation

The limitation period shall be stayed
1. as long as the enforcement may for reasons of law not commence or continue;
2. as long as the convicted person is granted
(a) a deferment or interruption of the enforcement;
(b) suspension of sentence by judicial decision or by act of pardon; or
(c) terms of payment in the case of a fine, confiscation or deprivation,
3. as long as the convicted person is detained in an institution by order of a public authority in Germany or abroad.

Section 79b
Prolongation

The court may, upon application of the enforcing authority, once prolong the period of limitation before its expiry by one half of the statutory limitation period if the convicted person resides in a territory from which his extradition or surrender cannot be achieved.