Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Six: Limitation

Art. 101

There is no limitation of the right to prosecute the offences of:

a. genocide (Art. 264) ;
b. crimes against humanity (Art. 264a para. 1 and 2) ;
c. war crimes (Art. 264c para. 1–3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h) ;
d. felonies that have caused or threatened to cause danger to life and limb to a large number of persons as a method of extortion or duress, in particular through the use of means of mass de-struction, the causing of catastrophes, or as part of a hostage taking offence.
e. sexual acts with children (Art. 187 No 1), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192 para. 1) and exploitation of a person in a position of need or dependency (Art. 193 para. 1) if committed against children under the age of 12.

2 If the right to prosecute the offence would have been time barred had Articles 97 and 98 applied, the court may in its discretion impose a more lenient penalty.

3 Paragraphs 1 letters a, c and d and paragraph 2 apply if the right to prosecute or execute the sentence had not been time barred by 1 January 1983 in accordance with the law applicable until that point in time. Paragraph 1 letter b applies if the right to prosecute or execute the penalty is not time barred under the previous law when the Amendment of 18 June 2010 to this Code comes into force. Paragraph 1 letter e applies if the prosecution or the sentence is not time barred by 30 November 2008 in accordance with the law applicable until that point in time.