Financial Crime World

Criminal Code: Key Provisions

Statute of Limitation

The statute of limitation sets a time frame within which a person can be prosecuted for a crime. The following rules apply:

Commencement of Statute of Limitation

  • The period set by the statute of limitation commences on the day the offense was perpetrated.

Suspension and Interruption of Statute of Limitation

  • The running of the period is suspended if prosecution cannot be instituted or continued due to a provision of law.
  • The running of the period is interrupted by every motion related to the prosecution and when the perpetrator commits a new offense of similar gravity.

Punishment Execution

The imposed sentence shall not be executed after specific time periods have elapsed from the date of entry into force of the judgment:

Time Limits for Punishment Execution

  • 35 years for long-term imprisonment
  • 20 years for imprisonment exceeding 10 years
  • 15 years for imprisonment exceeding 5 years
  • 10 years for imprisonment exceeding 3 years
  • 5 years for imprisonment exceeding 1 year
  • 3 years for imprisonment not exceeding 1 year or a fine

Security Measures

The execution of certain punishments is barred after specific time periods:

Time Limits for Execution of Fines and Mandatory Psychiatric Treatment

  • The execution of a fine as an accessory punishment is barred after 2 years from the date of entry into force of the judgment.
  • The execution of mandatory psychiatric treatment and forfeiture is barred after 5 years.

Running and Interruption of Statute of Limitation for Punishment Execution

The running of the period commences on the date of entry into force of the judgment or revocation of a suspended sentence:

Commencement of Running Period

  • The period shall not run during the time the punishment cannot be executed due to law.
  • The running is interrupted with every action taken by a competent body regarding execution.

Criminal Offenses Not Subject to Statute of Limitation

Criminal prosecution and execution of sentences are not subject to statute of limitation for certain serious crimes:

Serious Crimes Exempt from Statute of Limitation

  • Genocide
  • Crimes against humanity
  • War crimes
  • Other offenses not subject to limitation under international law

Criminal Offense

A criminal offense is defined as an unlawful act prescribed by law with specified characteristics and a prescribed sanction:

Definition of Criminal Offense

  • A criminal offense can be perpetrated by an act or omission to act.
  • The time of perpetrating the offense is when the perpetrator acts or ought to have acted, regardless of when the consequences occurred.

Place of Perpetration

A criminal offense is committed at the place where the perpetrator acts or ought to have acted and at the place where the consequence fully or partially occurs:

Definition of Place of Perpetration

  • A criminal offense can be committed in multiple locations, including the location of the act and the location of the consequences.

Insignificant Offense

An offense is not considered a crime if it contains elements of a prescribed offense but lacks significant harm, material gain, or culpability:

Definition of Insignificant Offense

  • An insignificant offense may still have legal consequences, such as fines or community service.