The statute of limitation as a challenge of cross-border cooperation in criminal matters - Development of a harmonization proposal

• Applicants: Professor Dr. Walter Gropp; Professorin Dr. Gudrun Hochmayr
• Subject Area: Criminal Law
• Term: from 2018 to 2022
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 392065098

The currently existing striking differences in the national statutes of limitations are difficult to justify in a common Europe. They lead to frictions in the cooperation in criminal matters. Against this background, there is an urgent need for harmonization of limitation rules in the European Union, which will be satisfied by this research project.There is not even a consensus in the fundamental question of whether offenses can expire due to lapse of time: English law is based on the principle that criminal prosecution is generally not time-barred. By contrast, the criminal law of most European countries provides that crimes are subject to limitation. The statutes of limitation usually draw a distinction between prescription of prosecution and limitation of enforcement. The specific embodiment differs considerably. This applies to their assignment to the substantive or procedural law, the length of limitation periods and the question of what impact, if any, acts of prosecution or other events have on the regular length of limitation periods.From this situation results primarily the risk of a forum shopping by the prosecuting authorities. The rules on limitation also prove to be obstacles in the practical application of the principle of mutual recognition. Some acts, like the framework decision on the European arrest warrant, allow refusing of cooperation if an offense is time-barred under the domestic law. Serious differences in the length of limitation periods complicate the acceptance of the grounds for refusal and may lead to confusion on both sides.The research project will point out the international and European legal framework for the first time. Furthermore, the limitation rules in twelve selected EU and two non-EU countries are subjected to a comparative analysis. To this end, the national rules on limitation of 14 countries will be systematically and critically examined and tested for their general suitability. The comparison also includes provisions which are functional equivalents to the statute of limitations, e.g. the objection of abuse of rights. On this basis, the first regulatory proposal harmonizing the rules on limitation will be developed. This project at the interface between material criminal law and criminal procedure law will last three years.

• DFG Programme: Research Grants