Limitation on Enforcement – At what point can a convicted sentence no longer be enforced?
A distinction must be made between the so-called statute of limitations in prosecution in criminal law and the statute of limitations in enforcement.
Fifteen years ago I was sentenced to imprisonment for fraud. After the conviction I fled abroad, I never took the prison sentence.
1. Can I still be imprisoned in Germany today?
There is a difference between the limitation period for prosecution and the so-called limitation period for enforcement. This plays a role if the offender has already been convicted and a sentence has been imposed on him. After the expiry of a period stipulated by law, the penalty imposed may no longer be enforced.
An offender who has been sentenced to imprisonment does not have to serve a sentence once it has expired. If a convicted person is sentenced to a fine, he or she no longer has to pay the fine after the expiry of the period.
2. When does the limitation period for enforcement begin and how long is it?
The limitation period for enforcement begins on the day on which the sentence is pronounced by the court.
The length of the limitation period depends on the amount of the penalty imposed in the judgment. For example, if the offender has been sentenced to imprisonment for one to five years, the limitation period for enforcement is ten years. If only a fine has been imposed on the convicted offender, the limitation period for enforcement can be three to five years.
3. Does the statute of limitations always apply?
The statute of limitations is suspended, for example, if the convicted person is incapable of liability or if he or she is imprisoned abroad for another criminal offence and is therefore unable to take the punishment in Germany. The limitation period can also be extended. The limitation period is extended by half of the statutory limitation period if the convicted person is not in Germany and is not extradited. Such an extension of the limitation period takes place above all if the convicted person has fled abroad either before the start of the sentence or during the execution of the sentence.
