Statute of limitations - national proceedings

Liechtenstein

Liechtenstein - Criminal Code 1987 (2021) EN

§ 57
Limitation for criminal liability
1) Offences carrying a penalty of imprisonment of ten to twenty years or for life, as well as offences referred to in section 25 shall not be subject to a limitation period. After expiry of a period of twenty years, however, a penalty of imprisonment of ten to twenty years shall replace penalties of imprisonment for life. Paragraph 2 and
§ 58 shall apply mutatis mutandis to the time period.66
2) The criminal liability for other acts shall be subject to limitation. The limitation period shall commence as soon as the activity carrying a penalty has been completed or the conduct carrying a penalty has ceased.
3) The limitation period shall be twenty years,
if the act carries a penalty of imprisonment of ten to twenty years or for life, or if it does not carry a penalty of imprisonment for life but does carry a penalty of imprisonment of more than ten years;
ten years,
if the act carries a penalty of imprisonment of more than five years, but at most ten years;
five years,
if the act carries a penalty of imprisonment of more than one year, but at most five years;
three years,
if the act carries a penalty of imprisonment of more than six months, but at most one year;
one year,
if the act carries a penalty of imprisonment of not more than six months or only a monetary penalty.
4) Once the limitation period has expired, forfeiture and preventive measures shall also become impermissible.67

§ 58
Extension of the limitation period
1) If a result belonging to the elements of an offence occurs only after the activity carrying a penalty has been completed or if the conduct carrying a penalty has ceased, then the limitation period shall not come to an end before either it has elapsed also since the result came to pass or one and a half times its duration, but at least three years, has passed since the point in time referred to in § 57 paragraph 2.
2) If, during the limitation period, the perpetrator again commits an act carrying a penalty that arises from the same harmful inclination, the limitation period shall not end until the limitation period has expired also for that act.
3) The limitation period shall not include:
1. the time during which, in accordance with a legal provision, prosecution cannot be initiated or continued, unless otherwise provided in paragraph 4;
2. the time during which criminal proceedings for the act are pending in court against the perpetrator;
3. the time until the victim of an offence against life and limb, against liberty, against sexual self-determination or another sexual offence has reached the age of 28 years, provided that the victim was a minor when the act was committed. 68
3a) A suspension of the limitation period which occurs pursuant to the preceding paragraphs shall remain in force, even if, due to a subsequent modification of the law, the limitation period for the act at the time of the suspension had already expired under the new law.69
4) If the act is prosecuted only upon demand, on application, or with the authorization of a person entitled to grant authorization, then the limitation period shall not be suspended because the prosecution is not demanded or applied for or the authorization has not been given.

§ 59
Limitation of enforceability
1) The enforceability of a sentence of imprisonment for life, a sentence of imprisonment of more than ten years, a penalty imposed for an offence referred to in section 25, and placement in an institution for mentally abnormal offenders or for dangerous repeat offenders shall not be subject to limitation.70
2) The enforceability of other sentences, forfeiture and preventive measures shall be subject to limitation. The limitation period shall commence once the decision becomes final in which the sentence, forfeiture or preventive measures was imposed.71
3) The period shall be fifteen years,
if a sentence of imprisonment of more than one year, but not more than ten years was imposed;
ten years,
if a sentence of imprisonment of more than three months, but not more than one year was imposed, or a monetary penalty subject to an alternative term of imprisonment of more than three months was imposed;
five years
in all other cases.
4) If multiple sentences or preventive measures were imposed simultaneously, the limitation of enforceability of all these sentences or measures shall be determined by the sentence or measure with the longest limitation period. If a sentence of imprisonment and a monetary penalty were imposed at the same time, the alternative term of imprisonment shall be added to the term of imprisonment in order to calculate the limitation period.72

§ 60
Extension of the period of limitation for enforceability
1) If a new sentence or preventive measure is imposed on the convicted person during the limitation period, the period of limitation for enforceability shall not come to an end until the enforceability of that sentence or preventive measure has also expired.
2) The limitation period shall not include:
1. the probationary period in case of a conditionally suspended sentence or conditionally suspended placement in an institution for offenders in need of withdrawal or in the case of conditional release;
2. time periods for which the convicted person has been granted a deferral of enforcement of a sentence of imprisonment, except on grounds of unsuitability for enforcement, or of payment of a monetary penalty;
3. times during which the convicted person was in detention pursuant to official orders;
4. times during which the convicted person was abroad.73
3) The enforcement of a sentence of imprisonment or of a preventive measure involving deprivation of liberty shall interrupt the limitation period. Once the interruption has come to an end, without the convicted person having been granted final release, the limitation period shall resume, without prejudice to paragraph 2.

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.