Statute of Limitations in Criminal Law

Statute of Limitations in Criminal Law

The statute of limitations in criminal law means that after a certain period of time, the state loses its right to punish an offense or enforce a penalty. It is intended to create legal certainty and prevent proceedings from remaining open indefinitely. As time goes by, it becomes more difficult to present evidence, memories fade, and the public interest in punishment decreases.

Statute of limitations means that a criminal offense or a penalty may no longer be prosecuted or enforced after legally defined deadlines have expired.

Significance and Systematics

The statute of limitations is an essential instrument of Austrian criminal law. It protects individuals from unlimited criminal prosecution and forces the judiciary to conduct proceedings expeditiously.
At the same time, it ensures that particularly serious offenses, such as murder or sexual offenses against minors, never become statute-barred.

The Criminal Code distinguishes between two types of statute of limitations:

1. Statute of limitations for criminal liability – concerns the period within which an offense may be prosecuted.
2. Statute of limitations for enforceability – concerns the period within which a penalty that has already been imposed may be enforced.

Statute of Limitations for Criminal Liability

The criminal liability for an offense expires after certain periods. However, particularly serious offenses do not become statute-barred.
According to § 57 StGB, the period begins as soon as the punishable act is completed or the punishable conduct ceases.

The period is:

• 20 years if the offense is punishable by imprisonment for more than ten years,
• 10 years if the offense is punishable by imprisonment for more than five years but not more than ten years,
• 5 years if the offense is punishable by imprisonment for more than one year but not more than five years,
• 3 years if the offense is punishable by imprisonment for more than six months but not more than one year,
• 1 year if the offense is punishable by imprisonment for a maximum of six months or only by a fine.

Upon the statute of limitations taking effect, forfeiture and preventive measures may no longer be ordered.

Extension and Suspension of the Statute of Limitations

According to § 58 StGB, the limitation period may be extended or suspended in certain cases. This is particularly the case if:

• the factual success occurs later, for example in the case of bodily injury resulting in death,
• the offender commits a new offense during the current period that is based on the same harmful inclination,
• criminal prosecution is legally suspended,
• investigative measures or indictments are pending,
• the victim was a minor at the time of the offense and the offense was directed against life, limb, or sexual integrity.

This prevents serious or continued offenses from remaining unpunished simply due to the passage of time.

Sebastian Riedlmair
Harlander & Partner Attorneys „Verjährung ist kein Zufall, sondern Ausdruck von Fairness. Sie schützt den Rechtsstaat vor endloser Strafverfolgung und sichert die Verlässlichkeit von Urteilen.“

Statute of Limitations for Enforceability

The statute of limitations for enforceability concerns the enforcement of final judgments. According to § 59 StGB, the enforceability of particularly severe penalties does not become statute-barred.
This concerns:

• life imprisonment,
• imprisonment for more than ten years,
• penalties for offenses under the twenty-fifth section of the Criminal Code,
• placement in a forensic-therapeutic center or in an institution for dangerous recidivists.

The following deadlines apply to all other penalties from the date the judgment becomes final:

• 15 years for imprisonment of more than one year,
• 10 years for imprisonment of up to one year or for a fine with a substitute prison sentence of more than three months,
• 5 years in all other cases.

Forfeiture, the skimming of enrichment, and preventive measures also become statute-barred according to the same principles.

Extension of the Statute of Limitations for Enforcement

The period for the statute of limitations for enforcement may be extended or suspended in accordance with § 60 StGB if certain circumstances occur.
This is the case if:

• a new criminal offense is committed and legally punished during the period,
• the convicted person is in a current probationary period,
• a deferral of punishment has been granted,
• the convicted person is in custody or abroad.

If the penalty is enforced, this interrupts the statute of limitations. After completion of the enforcement, the period begins to run again.

Practical Significance

In practice, the statute of limitations is often decisive for the admissibility of criminal proceedings or the further enforcement of a penalty. An incorrect calculation or an overlooked impediment can have serious consequences.
Lawyers therefore carefully examine when a period began, whether it was interrupted or suspended, and when it finally expires.

Especially in the case of older or repeatedly interrupted proceedings, an exact calculation of the deadline can make the decisive difference.

Your Benefits with Legal Assistance

A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.

Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.

Our law firm:

• examines whether and to what extent the accusation is legally sustainable,
• accompanies you through investigation proceedings and main hearing,
• ensures legally sound applications, statements, and procedural steps,
• assists in defending against or settling civil law claims,
• protects your rights and interests vis-à-vis the court, public prosecutor’s office and injured parties

Peter Harlander
Harlander & Partner Rechtsanwälte „Machen Sie keine inhaltlichen Aussagen ohne vorherige Rücksprache mit Ihrer Verteidigung. Sie haben jederzeit das Recht zu schweigen und eine Anwältin oder einen Anwalt beizuziehen. Dieses Recht gilt bereits bei der ersten polizeilichen Kontaktaufnahme. Erst nach Akteneinsicht lässt sich klären, ob und welche Einlassung sinnvoll ist.“

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