Prescription is a legal time limit within which justice must act. Once this period has expired, it is no longer possible to enforce the sentence.
Time Limits
According to Article 99 of the Penal Code (hereinafter CP), the prescription periods for sentences are as follows:
30 years if a life imprisonment sentence has been imposed;
25 years if a custodial sentence of at least 10 years has been imposed;
20 years if a custodial sentence of at least 5 years but less than 10 years has been imposed;
15 years if a custodial sentence of more than 1 year but less than 5 years has been imposed;
5 years for any other type of sentence.
The prescription period for a sentence varies depending on the type of custodial sentence imposed.
Starting Point
The prescription period for a sentence begins on the day the judgment becomes enforceable. This follows the expiration of the prescription period for the criminal action, which ends with the judgment.
The day on which the prescription period starts is not included in the calculation of the period.
In the case of a suspended sentence or the prior execution of a measure, the prescription period begins from the revocation of the suspension or the measure.
For partial suspension, the prescription period runs from the day the sentence is pronounced for the part to be served and from the revocation of the suspension for the part that was suspended.
For the conversion of a monetary penalty into a substitute custodial sentence, the prescription period begins from the pronouncement of the fine, not from the decision to convert it.
End of the Prescription Period
In the context of a request for revision in favor of the convicted person, the prescription period continues even if the original judgment has been annulled.
Extension of the Prescription Period
The prescription period can be extended for custodial sentences. This extension is useful, for example, when a prisoner commits other minor offenses.
The extension can be for the duration of the uninterrupted execution of the current sentence, another custodial sentence, or a measure executed immediately before.
In the case of parole, the prescription period is also extended by the duration of the probation period.
However, an extension of the prescription period is not possible for substitute custodial sentences such as monetary fines or community service. The prescription period of the initial sentence is decisive in such cases.
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