Prescription is a legal time limit within which justice must act. Once this period has elapsed, it is no longer possible to enforce the sentence.
Time Limits
According to Article 99 of the Penal Code (hereinafter CP), sentences are subject to prescription 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 if another type of sentence has been imposed.
The prescription period for a sentence depends on the nature of the custodial sentence imposed.
Starting Point
The prescription period for a sentence begins on the day the judgment becomes enforceable. This is following the expiration of the prescription period for the criminal action, which ends with the judgment.
The day on which the prescription begins 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 starts from the revocation of the suspension or the measure.
Regarding 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.
However, 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 that sentence, another custodial sentence, or a measure executed immediately before.
In the case of parole, the prescription is also extended by the duration of the probation period.
However, it is not possible to extend the prescription period for substitute custodial sentences such as monetary fines or community service. This is also not possible for conversions to fines, as the prescription of the initial sentence is decisive.
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