How is the statute of limitations defined in Swiss criminal law?
March 14, 2025
Criminal law
The statute of limitations for prosecution in Swiss criminal law is regulated in Art. 97 to 99 of the Swiss Criminal Code (StGB).
According to Art. 97 para. 1 StGB, the prosecution expires when the maximum penalty threatened for the offense is:
a. life imprisonment: after 30 years;
b. a prison sentence of more than three years: after 15 years;
c. a prison sentence of three years: after 10 years;
d. another penalty: after 7 years. (Art. 97 para. 1 StGB)
In the case of offenses committed against a child under the age of 16, the statute of limitations lasts at least until the victim's 25th birthday (Art. 97 para. 2 StGB).
If a first-instance judgment has been issued before the expiration of the limitation period, the limitation no longer applies (Art. 97 para. 3 StGB).
The limitation period begins according to Art. 98 StGB:
a. on the day the offender commits the criminal act;
b. if the offender commits the criminal act at different times, on the day he performs the last act;
c. if the criminal behavior continues, on the day this behavior ceases. (Art. 98 StGB)
Additionally, it should be noted that a first-instance judgment issued before the expiration of the limitation period means the limitation no longer applies (duribonin.ch/verjaehrung-der-strafverfolgung/ 3).
For certain particularly serious offenses, the statute of limitations is generally excluded. Examples include genocide, crimes against humanity, and certain war crimes (Art. 101 para. 1 StGB).
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