Limitation period for prosecution
Dismissal of a public prosecution after the period set by law has passed. The period ranges from 8 to 30 years depending on the maximum penalty for the offence.
Except where the law provides otherwise, a public prosecution is dismissed when the period determined by the penalty for the offence has passed (TCK 66).
Periods
- 30 years for offences punishable by aggravated life imprisonment,
- 25 years for offences punishable by life imprisonment,
- 20 years for offences punishable by imprisonment of not less than 20 years,
- 15 years for offences punishable by imprisonment of more than 5 and less than 20 years,
- 8 years for offences punishable by imprisonment of not more than 5 years or by a judicial fine.
The period is determined on the basis of the maximum statutory penalty for the offence. Aggravated forms of the offence that carry a heavier penalty are also taken into account according to the evidence in the file. Where imprisonment and a judicial fine are alternatives, imprisonment is taken as the basis.
Children
For people who committed the act between the ages of 12 and 15, the case is dismissed when half of these periods has passed; for those aged 15 to 18, when two thirds has passed.
When the period begins
- for completed offences, the day the offence was committed,
- for attempts, the day of the last act,
- for continuing offences, the day the continuing conduct ends,
- for successive offences, the day the last offence was committed,
- for offences committed against children by an ascendant or by a person with authority and influence over the child, the day the child turns 18.
Where no limitation applies
No limitation period applies to offences in the part of the Code on offences against the nation and the state that are punishable by aggravated life imprisonment, life imprisonment or imprisonment of more than 10 years, when committed abroad. When the announcement of a verdict is deferred, the limitation period is suspended during the supervision period.