The time of commission is an important element of a misdemeanor and from that moment on, various legal consequences are produced. Along with the place of commission, it is another identifying factor of a specific misdemeanor. This is important because someone cannot be tried twice for the same misdemeanor. In addition, the time of commission is important in determining which law will be applied to the perpetrator, because the law that was in force at the time of commission of the misdemeanor is applied to the perpetrator, unless a law was subsequently passed that is easier for the perpetrator. There is one reason why the time of commission is important, and that is what is the topic of this text – the statute of limitations for traffic and other misdemeanors. In this text, you will learn what the statute of limitations for misdemeanors is, why it exists, and when traffic and other misdemeanors become statute-barred.
What is a statute of limitations and why does it exist?
In general, statute of limitations refers to the passage of a certain period of time from the occurrence of a certain legally relevant fact, after which the right to take a certain legal action is lost or after which a certain consequence cannot occur. In simpler terms (keeping with the topic of this text), statute of limitations is the passage of a certain period of time from the commission of a misdemeanor or the entry into force of a judgment, after which a misdemeanor proceeding can no longer be initiated or conducted, nor can a penalty or protective measure be executed.
As you can see, there are two situations in criminal procedural law when some type of statute of limitations applies:
- the statute of limitations for initiating and conducting misdemeanor proceedings and
- the statute of limitations for executing a sentence and protective measure.
The statute of limitations exists in the legal system to ensure legal certainty as a fundamental element of the rule of law. In order for legal certainty to exist, all proceedings must have a definitive end. If the end of the proceedings isn’t reached with a final decision, it will be reached through statute of limitations as a last resort.
What is the difference between relative and absolute statute of limitaions?
When talking about the statute of limitations in misdemeanor proceedings, a distinction is made between relative and absolute statute of limitations.
Relative statute of limitations means that the statute of limitations runs until it is interrupted by a procedural action of the competent court/authority. After the statute of limitations is interrupted, the time for the statute of limitations starts from the beginning. In addition, relative statute of limitations does not run when the initiation and conduct of the proceedings or the execution of the sentence and protective measure cannot be undertaken according to law.
Absolute statute of limitations means the absolute end of the proceedings due to the expiration of a fixed time limit. Absolute statute of limitations is not interrupted by a procedural action of the competent court/authority, but runs continuously and occurs when the prescribed time limit expires, no matter what happens.
When do different types of misdemeanors become statute-barred?
When it comes to statute of limitations in misdemeanor proceedings, there are general statutes of limitations and special statutes for specific types of misdemeanors. Special statutes of limitations apply when a special law stipulates that a specific statute of limitations applies to a specific type of misdemeanor. General statutes of limitations apply in all other situations.
The general term of relative statute of limitations is one year from the date of the misdemeanor if it relates to the initiation and conduct of misdemeanor proceedings, or one year from the date of entry into force of the judgment if it concerns the execution of a sentence and protective measure.
Absolute statute of limitations is the same for all misdemeanors and always occurs when twice the time required by law for (relative) statute of limitations has elapsed.
When do traffic offenses become statute-barred?
On traffic offenses general statutes of limitations are applied in misdemeanor proceedings.
The initiation and conduct of misdemeanor proceedings for a traffic offense shall become statute-barred when one year has passed since the offense was committed, unless the competent court interrupts the statute of limitations by procedural action or if the initiation and conduct of the proceedings cannot be undertaken in accordance with the law. When two years have passed since the offense was committed, misdemeanor proceedings for a traffic offense may no longer be initiated or conducted, regardless of how many procedural actions the competent court has taken.
A sentence and protective measure imposed may not be executed if one year has passed since the judgment became final and binding, unless the competent authority interrupts the statute of limitations by procedural action or if the enforcement of the sentence and protective measure cannot be undertaken in accordance with the law. Once a period of two years has elapsed since the judgment became final, the punishment and protective measure imposed in the misdemeanor proceedings for a traffic offense can no longer be enforced.
When do customs offenses become statute-barred?
On customs misdemeanors special statutes of limitations is applied in misdemeanor proceedings.
The initiation of misdemeanor proceedings for a customs violation becomes statute-barred after three years have elapsed since the offense was committed, unless the competent authority interrupts the statute of limitations by taking action to issue a misdemeanor order or initiate misdemeanor proceedings before the competent court. Absolute statute of limitations occurs after six years have elapsed since the offense was committed.
The execution of the imposed penalty and protective measure is subject to the general statute of limitations as for traffic offenses – one year from the date of entry into force of the judgment if the statute of limitations has not been interrupted, or in any case after two years from the date of entry into force of the judgment.
When do tax offenses become statute-barred?
On tax misdemeanors special statutes of limitations in misdemeanor proceedings are also applied.
Misdemeanor proceedings for which the Tax Administration, in accordance with the law, submits a request for initiation, or issues misdemeanor orders, cannot be initiated or conducted if five years have passed since the date on which the offense was committed. Absolute statutes of limitations occur after ten years have passed since the date on which the offense was committed.
The general statute of limitations applies to the execution of the imposed penalty and protective measure, as well as for traffic and customs offenses – one year from the date of entry into force of the judgment if the statute of limitations has not been interrupted, or in any case after two years from the date on which the judgment became final.
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