Chapter 8 - Statute of limitations

Section 10 – Lapse of an imposed sentence of imprisonment

(1) A sentence of life imprisonment and a fixed-term sentence of imprisonment imposed for genocide, a crime against humanity, an aggravated crime against humanity, a war crime or an aggravated war crime shall not lapse. (212/2008)

Chapter 8 - Statute of limitations

Section 1 – Time-barring of the right to bring charges

(1) The right to bring charges for an offence for which the most severe sentence is life imprisonment does not become time-barred. (212/2008)

(2) The right to bring charges is time-barred if charges have not been brought

(1) within twenty years, if the most severe penalty provided for the offence is fixed-term imprisonment for over eight years,
(2) within ten years, if the most severe penalty is imprisonment for more than two years and at most eight years,
(3) within five years, if the most severe penalty is imprisonment for over a year and at most two years, and
(4) within two years, if the most severe penalty is imprisonment for at most a year, or a fine or a summary penal fee. (755/2010)

(3) The most severe penalty refers to the maximum penalty provided for the offence in the applicable provision.

(4) The minimum period during which the right to bring charges for offences in office becomes time-barred, however, is five years. The minimum period during which the right to bring charges for impairment of the environment, an environmental offence and a building protection offence becomes time-barred is ten years. The right to bring charges for impairment of the environment, aggravated impairment of the environment, an environmental infraction and negligent impairment of the environment by a foreign vessel in the Finnish economic zone referred to in chapter 13, section 3 of the Maritime Environmental Protection Act, becomes time-barred in three years. The minimum period during which the right to bring charges for a fishing offence committed from a foreign vessel in the Finnish economic zone becomes time-barred is three years. (1680/2009).

(5) The right to bring charges for sexual abuse of a child and aggravated sexual abuse of a child becomes time-barred at the earliest when the complainant reaches the age of twenty-eight years. The same applies to rape, aggravated rape, coercion into sexual intercourse, coercion into a sexual act, sexual abuse, pandering, aggravated pandering, trafficking in persons and aggravated trafficking person, directed at a person under the age of eighteen years. In the case of enticement of a child for sexual purposes referred to in chapter 20, section 8(b), the right to bring charges becomes time-barred when the person who was the object of the offence reaches the age of twenty-three years (540/2011)

Section 2 – Beginning of the period of limitation
(1) The periods mentioned above in section 1 are calculated from the day of the commission of the offence. If the essential elements of the offence provide for the criminalization of omission, the period for the bringing of charges begins to run when the omitted act should at the latest have been committed. If the essential elements of the offence require that a certain consequence be brought about, the period is calculated from the date said consequence appears.

(2) If the criminal act involves the maintenance of an unlawful condition, the period during which the right to bring charges becomes time-barred does not begin until such condition ends.

(3) The period for the bringing of charges for complicity in an offence begins to run on the same date as the period for the bringing of charges for the principal act.

Section 3 – Interruption of the period of limitation

(1) Charges are deemed to have been brought in a manner interrupting the period of limitation when the person to be prosecuted as been given lawful notice of the summons or a request for his or her punishment has been made when he or she is personally present at a trial.

(2) The bringing of charges in a case which is subsequently dismissed without prejudice or the charges are withdrawn, does not interrupt the period of limitation.

(3) When a violation is considered in accordance with the procedure provided by the Fine and Summary Penal Fee Act, the period during which the right to bring charges is interrupted when service is given to the suspect of the order for a fine, an order for a summary penal fee subject to objection, or the order for punishment. However, the period is not interrupted if the order is withdrawn, an
objection is lodged to the order, or the suspect or complainant withdraws his or her consent referred to in section 4 or 5 of said Act. (755/2010)

Section 4 – Continuation of the period of limitation

On application, the period of limitation on the right to bring charges may be extended once by one year, if

(1) the preliminary investigation of the offence requires special, time-consuming investigative measures for which reason at the end of the period of limitation the investigation could clearly be incomplete,
(2) the offence has been taken under preliminary investigation exceptionally late, or
(3) the person to be summoned as defendant in the offence is evading apprehension and for t his reason he or she probably cannot be given notice of the summons before the end of the period of limitation and a very important public interest demands continuation of the period of limitation.

Section 5 – Procedure when continuing the period of limitation

(1) The decision on the continuation of the period of limitation on the right to bring charges shall be made by the court where charges may be heard for the offence in accordance with chapter 4 of the Criminal Procedure Act (689/1997). The application for the continuation of the period of limitation may be made by the public prosecutor and by the complainant if he or she has the right referred to in chapter 1, section 14, subsections 1 or 2, or section 15, subsection 1 of said Act to bring charges. The application shall be made in writing before the period of limitation ends. (441/2011)

(2) The application for continuation of the period of limitation shall be taken up by the court for consideration without delay. It may be considered by a District Court consisting of one chairperson.

(3) If it is probable that a certain person shall be charged for the offence concerned in the application referred to in section 4(1) or (2) for continuation of the period of limitation, he or she shall be reserved an opportunity to be heard on the application. The summons may be delivered in person or by post.

(4) The decision given on the application is not subject to ordinary appeal. An extraordinary appeal on the basis of procedural fault may be submitted to the superior court within thirty days. The extraordinary appeal shall be considered as an urgent matter.

Section 6 – Time-barring of the imposition of a sentence

(1) The right to impose a sentence for an offence referred to in section 1, subsection 1 does not become time-barred. (1161/2005)

(2) No punishment may be imposed, or ordered on the basis of the Fine and Summary Penal Fee Act, for an offence other than one referred to in subsection 1 after the periods below have elapsed from the day mentioned in section 2 :

(1) thirty years, if the maximum penalty provided for the offence is imprisonment for a fixed period of more than eight years,
(2) twenty years, if the maximum penalty provided for the offence is imprisonment for more than two years and at most eight years,
(3) ten years, if the maximum penalty provided for the offence is imprisonment for at most two years or a fine. (755/2010)

(3) No punishment may be imposed for an offence referred to above in section 1, subsection 5 after the period of time referred to in subsection 2 of said section has elapsed and ten years has elapsed from when the complainant has reached the age of twenty-eight years or twenty-three years. (540/2011)

(4) An imposed penalty shall lapse if the judgment thereon has not become enforceable before the period of time referred to in subsection 2 or 3 has elapsed. (1161/2005)

Section 7 – Time-barring of a request for a corporate fine

The period of limitation for the presentation of a request for a corporate fine is the same as for the bringing of charges for the offence that is the basis for the request. However, the minimum period of limitation is five years.

Section 8 – Time-barring of the imposition of the threat of a fine

The right to impose a fine where the court has set such a threat in order to ensure the conduct of proceedings lapses in two years from when the threat of a fine was set.

Section 9 – Time-barring of the imposition of forfeiture

A sanction involving forfeiture may not be imposed if no punishment may be imposed on the offence due to lapse of time. However, the minimum period of limitation for a request for forfeiture is five years. If the request for forfeiture concerns the instrument of crime referred to in chapter 10, section 4 or the other property referred to in section 5, however, the right to request forfeiture shall not lapse.

Section 10 – Lapse of an imposed sentence of imprisonment

(1) A sentence of life imprisonment and a fixed-term sentence of imprisonment imposed for genocide, a crime against humanity, an aggravated crime against humanity, a war crime or an aggravated war crime shall not lapse. (212/2008)

(2) A fixed-term sentence of imprisonment shall lapse if its enforcement has not been started within the periods below, counted from the date when the sentence became final :

(1) within twenty years, if the sentence is for a fixed period of over eight years,
(2) within fifteen years, if the sentence is over four years and at most eight years,
(3) within ten years, if the sentence is over one year and at most four years, and
(4) within five years, if the sentence is at most one year.

(3) A conversion sentence for unpaid fines shall lapse if its enforcement has not been started within three years of the date when the judgment became final.

Section 11 – Lapse of an imposed sentence of community service and a monitoring sentence

A sentence of community service and a monitoring sentence lapses in the same way as the corresponding sentence of imprisonment.

Section 12 – Lapse of enforcement of an imposed sentence in certain cases

If the enforcement of a sentence of imprisonment, a sentence of community service or conversion for unpaid fines has been interrupted or a person conditionally released has been order to lose his or her liberty, the provisions of sections 10 and 11 shall apply correspondingly in the continuation of enforcement. The period that results in the lapse of a fixed-term sentence of imprisonment and of a sentence of community service is determined by the remaining sentence, and if several sentences have been combined when they are to be enforced, from the period remaining of the sentences when combined. The time shall be calculated from the day of interruption and, if conditional release is ordered revoked or a conditional sentence is ordered to be enforced, from the day on which final decision on the revocation or enforcement had been given.

Section 12(a) – Lapse of an imposed juvenile penalty
A juvenile penalty shall lapse if its enforcement has not begun within three years from the day the final judgment was given.

Section 13 – Lapse of an imposed fine

(1) The enforcement of a fine shall lapse after five years from the day the final judgment was given, unless a conversion sentence for unpaid fines has been imposed on the fined person before this. If a conversion sentence has been imposed, the fine person has the right also during said period to pay the fine as has separately been provided. What is provided above regarding a fine also applies to a threat of a fine that has been imposed.

(2) The enforcement of a corporate fine that has been imposed shall lapse after five years from the day the final judgment was given.

(3) The enforcement of a summary penal fee shall lapse after five years from the date on which the summary penal fee order was issued. (755/2010)

Section 14 – Lapse of forfeiture imposed as a sanction

Forfeiture as a sanction may not be enforced after ten years has passed from the day on which the final judgment was given. If the forfeiture concerns the instrument of crime referred to in chapter 10, section 4 or the other property referred to in section 5, however, the enforcement of forfeiture as a sanction shall not lapse.

Section 15 – Effect of attachment

If attachment has been carried out within the period of limitation in order to carry out enforcement referred to in section 13 or 14, enforcement may be continued in respect of the attached property.

Section 16 – Effect of death on enforcement

(1) A fine and the threat of a fine lapse on the death of the convicted person. However, enforcement for which attachment has been carried out while the convicted person was still alive may be completed in respect of the attached property.

(2) On the death of the offender or of another person liable for the forfeiture, the sanction shall be judged on the assets of the decedent’s estate, unless the judgment of forfeiture would be unreasonable.

(3) If the person whose property has been ordered forfeit has died, enforcement may be directed at the decedent’s estate. However, the parties to the decedent’s estate have the right, within three months of when property of the decedent’s estate has been attached for enforcement of the sentence or said property has been taken into the possession of the State, to submit the case to the decision of the court that has dealt with it as the court of first instance, for a decision on whether or not enforcement shall lapse on the ground that the forfeiture is to be deemed unreasonable.

Section 17 – End of the period of limitation

The period of limitation ends at the end of the day preceding the day of the month corresponding to the date on which the period began.

Section 18 – Reference provision

(1) Chapter 2b, section 3, subsection 2 contains provisions on the lapse of conditional imprisonment.

(2) The Military Discipline Act (331/1983) contains provisions on the limitation on disciplinary punishment for a soldier and for other persons subject to chapter 45 of the Criminal Code.