Statute of limitations - national proceedings

Iceland

Iceland - Criminal Code 1940 (2019) EN

IX. chapter. [Limitation period, penalties, etc.]

Article 80
[Cases become statute-barred in accordance with the provisions of Articles 81 and 82. This also applies to offenses under the Special Penal Code, unless otherwise provided.] 1)

Article 81
[Guilt expires at the time as follows:
1. In 2 years, when there is no heavier punishment for an offense than 1 year imprisonment or the punishment that is served, does not exceed fines.
2. In 5 years, when there is no heavier penalty for an offense than 4 years' imprisonment.
3. In 10 years, when there is no heavier penalty for an offense than 10 years' imprisonment.
4. [In 15 years, when the heaviest penalty for an offense is more than 10 years temporary imprisonment.] 1)
[Notwithstanding the provisions of the first paragraph. expires guilt for offenses under the provisions of Article 194, paragraph 1. Article 200 and the first paragraph. Article 201 not when an offense is committed against a child under the age of 18. [The same applies to offenses according to Art. Paragraph 1 Article 202] 2)] 3)
[The limitation period for offenses involving evasion of payment of customs duties, taxes or other charges to the public authorities is never less than 5 years.] 1)
If a person is guilty of conduct that is subject to more than one penalty provision, the limitation period for the offenses shall be based on the provision that contains the heaviest penalty limit.] 4)
[The limitation period for criminal liability of legal entities is 5 years.]

Article 82
[The limitation period is calculated from the day on which the criminal act or criminal inaction ended. [Limitation period for offenses in accordance with the provisions of Article 197, Article 198, Article 199, Articles 2-3. mgr. Article 200, paragraph 2 Article 201, [2. – 4. mgr. Article 202], 1)[2. and the 4th paragraph. Article 206, paragraph 1 Article 210 b, [2. mgr. Article 216, Article 218 a, Article 218 b, 2nd paragraph. Article 225] 2)and point 2. Paragraph 1 Article 227 a] 3) shall not, however, be counted until the day on which the victim reaches the age of 18.] 4)
If criminal liability is conditional in part or in whole on the fact that conduct has a specific consequence, the limitation period does not begin until this consequence has been revealed. The same applies in the case of criminal liability if a particular incident takes place after the conduct has taken place, and the guilt does not expire until this incident has taken place.
A criminal act is now committed on an Icelandic ship or aircraft, outside [jurisdiction] 5)of the Icelandic state, and the fault does not expire until the ship or aircraft has arrived at the Icelandic port. However, the limitation period begins no later than 1 year from the time the violation was committed.
[Limitation period expires when investigation [criminal case] 6)begins for an investigator against a person as a defendant. In cases where the police may, by law, conclude a settlement, the limitation period is interrupted when the police accuse a person of an offense and present him with a settlement offer. When the law once again authorizes the government to provide for a penalty for an offense, the time limit expires when the government accuses a person of such an offense. [If the limitation period for the representative of a legal entity, his employee or others on his behalf is interrupted, the limitation period for the legal entity will also be interrupted. Breach of the limitation period vis-à-vis a legal entity does not lead to a breach of the limitation period vis-à-vis a representative, employee or other person on behalf of the legal entity.]
[Research according to Paragraph 4 does not break the limitation period if an investigator stops the investigation, the prosecutor decides not to appeal [criminal case] 6)against the accused or the prosecutor withdraws the charge. If the investigation of a case is suspended for an indefinite period of time, the investigation will not interrupt the limitation period either. If the investigation of a case is stopped because the accused has escaped an investigation, the investigation breaks the limitation period, but the time during which the investigation lasted does not count as the limitation period. … 6)] 5)
If the guilt is time-barred according to the above, neither the conduct nor the penalties prescribed in 62-67 will be punished or sentenced. gr. The same applies to confiscation and deprivation of rights and remedies according to the second paragraph. Article 148 and the second paragraph. Article 241 The limitation period for confiscation is not less than 5 years, but 10 years for confiscation according to… 8)Paragraph 1 Article 69 and similar provisions in the Special Penal Code, unless otherwise provided.]

Article 83
[[Prison] 1)or imprisonment which has been sentenced shall lapse if enforcement of a sentence has not commenced before the expiry of the time limits specified herein:
1. 5 years, if there is a penalty… 1)imprisonment for up to 1 year or sentenced to asylum according to Article 65.
2. 10 years, if the punishment is imprisonment for more than 1 year and up to 4 years, and this also applies to penalties imposed according to Articles 62, 66 and 67.
3. 15 years, if the punishment is imprisonment for more than 4 years and a maximum of 8 years.
4. 20 years, if a temporary prison sentence is longer than 8 years.
Limitation according to the above begins when it is possible to satisfy a court in accordance with the general provisions of law.
Postponement of the execution of a sentence according to a probation sentence is not considered a limitation period nor the time that a party faces [imprisonment] 1)or asylum according to another court. The same applies to conditional pardon, however, so that the limitation period does not extend unless the probationary period corresponds.
The limitation period is interrupted when the enforcement of the judgment has begun.
Prisoner has now taken out some part of [prison] 1)or asylum, but probation or conditional pardon is granted. He then breaks his probation and a decision is made that he will serve the remainder of [prison] 1)or asylum, in which case it is considered a limitation period for the enforcement of the remaining sentence and other sanctions imposed from the time such a decision was made. If the enforcement of a penalty or other sanctions according to para. stop for reasons other than those specified in this paragraph shall be deemed to be time-barred from the time it was stopped.]

[83. gr. a.
[A fine determined by a judgment, ruling or settlement shall expire when 3 years have elapsed since it was possible to enforce a judgment, ruling or settlement. When the amount of the fine is ISK 60,000 or higher, the limitation period is 5 years.]
[If the payment of a fine has been secured by expropriation or other comparable means within the limitation period according to Art. Paragraph 1 those deadlines are extended by 2 years.]
Alternate punishment for fines, cf. Article 53, is repealed in accordance with the provisions of [1. and paragraph 2], 1)unless its enforcement is commenced within the time limits specified therein.
Confiscation, which is determined by a judgment, ruling or settlement, expires when 5 years have elapsed since the decision to confiscate was possible. The court may, however, decide that the time limit is up to 10 years. The provisions of para. also applies to confiscation.
The time that enforcement is postponed due to the provisions of a probation sentence or conditional pardon is not counted as a limitation period.]

[83. gr. b.
Judgment, ruling or settlement of punishment or other sanctions according to VII. chapter will not be fulfilled after the death of a convicted person, cf. however, the second paragraph, unless there is legal authority to do otherwise.
If a judgment, ruling or settlement on confiscation has not been complied with in part or in full when the convicted person has died, the Attorney General may then demand that the district court judge in the last court of convicts stipulate that the provisions on confiscation shall be complied with, provided that profits of convicted offenders or defended objects, which have arisen from a crime. A judge can then change the confiscation clause so that the confiscation of a share is replaced by a certain amount. [Cases under this paragraph are subject to criminal procedure.]
Judicial provisions according to para. Article 148 and the second paragraph. Article 241 can be satisfied after the death of the convict.]

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.