Statute of limitations for sentences in Germany: What to know?


Questioner

A long time ago (20 years ago) I was sentenced to 12 months in prison in Germany for VAT fraud It was a default judgment. Is there a limitation period here?

Lawyer

Yes, in principle 6 years if it concerns a crime, 3 years if it concerns a violation. These are the conditions resulting from article 6ECHR.

Questioner

So I could easily travel to Germany again without any fear of a possible check

Lawyer

No, after all, if you are arrested (the question is whether you are still in the system in that way), you must appeal to the exceeding of the reasonable period of prosecution and execution thereof. (in connection with Article 6 ECHR) Perhaps you can find out more if you ask your question on a German forum.

Lawyer

The limitation period for a sentence of no more than 1 year is 5 years according to German law. So you can come here again without any problems.

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