The amendment to the Penal Code, which entered into force on 1 October 2023, introduced changes to the statute of limitations for criminal offences, including, among others, extending the statute of limitations for murder from 30 to 40 years.
Article 101 § 1 of the Penal Code differentiates the statute of limitations for criminal liability based on the severity of the crime (a generalized assessment of its social harmfulness). The longest statute of limitations applies to murder, which is undoubtedly the most serious criminal offense. The length of the statute of limitations depends on the specific axiology of the state's criminal policy and may change over time – as in the case at hand.
It should be emphasized here that the statute of limitations is not a constitutionally protected right of citizens, and extending its periods during the statute of limitations does not violate constitutional norms, in particular Articles 2 and 42 of the Constitution. Citizens have the right to expect to be subject to criminal liability under the terms of Article 42, Section 1 of the Constitution, but they cannot simultaneously expect benefits that could accrue to them in connection with violating the law due to a particular penal policy, as it may be subject to modification.
A different approach to the statute of limitations would lead to rewarding those criminals who persistently take steps to avoid criminal liability (see also the judgment of the Constitutional Tribunal of 15 October 2008, P 32/06, OTKA 2008, no. 8, item 138). In the opinion of the authors of the amendments that entered into force on 1 October of this year, the social harmfulness of this crime and its unique nature, even when compared to other crimes, requires the use of special legal instruments to help identify the perpetrators of murder.
In analyzing the above, the legislator also considered the ever-increasing detection capabilities of law enforcement agencies, stemming from advances in knowledge, science, and forensic technology, enabling the identification of perpetrators of crimes committed many years ago. This largely applies to cases where the forensic evidence secured at the time did not allow for the identification of probable perpetrators, although such capabilities currently exist.
The above-mentioned considerations constituted the basis for extending the limitation period for the crime of murder by ten years.
The changes introduced by the amendment also exclude the statute of limitations for criminal liability and the statute of limitations for the execution of a penalty in relation to:
- crimes specified in Article 197 § 4 or 5 of the Penal Code, committed to the detriment of a minor under 15 years of age,
- crimes specified in Article 148 § 2 point 2 or § 3 of the Penal Code, committed in connection with the rape of a minor under 15 years of age or in connection with rape with particular cruelty,
- offences specified in Article 197 § 4 or 5 of the Penal Code, if the perpetrator acted with particular cruelty,
- the offence specified in Article 156 § 1 of the Penal Code and Article 197 § 4 of the Penal Code in connection with Article 11 § 2 of the Penal Code, i.e. if the perpetrator of rape with particular cruelty or rape of a minor under 15 years of age intentionally caused serious bodily harm.
Pursuant to the amended Article 102 § 2 of the Penal Code, if, in the course of the initiated proceedings, a reasonable suspicion of another offense being committed is established, the punishability of that offense is extended in the manner specified in § 1 as of the date on which the first procedural step is taken to determine whether it has been committed. To avoid doubt as to which of such steps is the first, the Regulation of the Minister of Justice of 7 April 2016 – Regulations on the Internal Operations of Common Organizational Units of the Prosecutor's Office (Journal of Laws of 2017, item 1206, as amended) will include a provision obliging the prosecutor to record in the form of an appropriate document (notice) the taking of the first procedural step to determine whether the aforementioned offense has been committed, which will enable the court to set the deadline for extending the limitations period referred to in the amended provision.
The introduction of the proposed solution will be of significant importance in preparatory proceedings of a complex nature, both subjectively and objectively, in the course of which subsequent acts are revealed that are directly related to those that are the subject of the ongoing proceedings.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of November 15, 2023
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