The statute of limitation as a challenge of cross-border cooperation in criminal matters - Development of a harmonization proposal
Final Report Abstract
The Statutes of limitations for criminal offences differ greatly between the EU Member States. The result can be conflicts in cooperation in criminal matters and the application of the principle of mutual recognition. The present project explored for the first time the international and European framework conditions for harmonising the statutes of limitations. In addition, the statutes of limitation of eleven EU and three non-EU states (Germany, Estonia, France, Greece, Italy, Netherlands, Austria, Poland, Sweden, Spain, Hungary, England and Wales, Switzerland and the USA) were examined in a legal comparison. For this purpose, an online accessible, multilingual database for the synoptic comparison of statutes of limitation was set up, which should simplify further comparative research on statutes of limitation and support practice in cross-border cooperation in criminal matters. Representatives from all participating legal systems prepared detailed country reports on the respective national statutes of limitation. A comparative analysis systematically prepared the country reports, worked out similarities and differences and drew conclusions for the harmonisation project. It became apparent early on, that harmonisation based on the current EU legal framework would fail to significantly reduce the differences between national limitation regimes and the resulting frictions. A case study on the only limitation regimes that have been harmonised in the EU so far (fraud against the European Union's financial interests), confirmed this finding. Therefore, model statutes of limitation were drafted according to the American Model Penal Code, which can be adopted voluntarily by the EU Member States. The participants chose a statute of limitations model with two standard limitation periods and two grounds for extending the limitation periods. In addition, the core crimes under international law are not subject to a statute of limitations and a 30-year statute of limitations applies to intentional homicide. The decision for the individual components of the model is substantiated in detail in the harmonisation proposal. Compared to most of the statute of limitations models examined, the proposed regulations are easier to handle and the expiry of the limitation period is always predictable. At the same time, the model avoids the disadvantages identified for other simple limitation models, such as that of Switzerland, by balancing the interests of judicial economy and the rule of law in a fair manner. All project results are available in German or English.
Publications
- The Statute of Limitations as a Challenge for Cross-Border Cooperation in Criminal Matters - Development of a Harmonisation Proposal, Tagungsbericht, eucrim 4/2020, 350
Kolb
- Die Verjährung als Herausforderung für die grenzüberschreitende Zusammenarbeit in Strafsachen : Entwicklung eines Harmonisierungsvorschlags. Baden-Baden : Nomos 2021. ISBN 978-3-8487-8231-4
Hochmayr, Gudrun ; Gropp, Walter (eds.)
(See online at https://doi.org/10.5771/9783748926535)
