Statute of Limitations for Criminal Liability

Le Hai

11:03, 11/07/2024

The 2015 Criminal Code stipulates that the statute of limitations for criminal liability is the period upon the expiration of which the offender is not subject to criminal liability (CL).

Statute of Limitations for Criminal Prosecution is as follows:

- 05 years for less serious crimes;- 10 years for serious crimes;- 15 years for very serious crimes;- 20 years for particularly serious crimes.

The statute of limitations for criminal prosecution is counted from the date the crime is committed. If within the above-stated time limits, the offender commits a new offense for which the Criminal Code 2015 prescribes the maximum sentence frame of more than 01 year imprisonment, the statute of limitations for the old crime shall be recalculated from the date the new offense is committed.

If within the above-stated time limits, the offender intentionally evades and has been issued a wanted decision, the statute of limitations shall be recalculated from the date the offender surrenders or is apprehended.

Statute of Limitations for Criminal Prosecution shall not apply to the following crimes:

- Crimes infringing upon national security as stipulated in Chapter XIII of the Criminal Code 2015;- Crimes disrupting peace, crimes against humanity, and war crimes as stipulated in Chapter XXVI of the Criminal Code 2015;- Offenses of embezzlement of assets under the circumstances stipulated in Clauses 3 and 4, Article 353 of the Criminal Code 2015; offenses of receiving bribes under the circumstances stipulated in Clauses 3 and 4, Article 354 of the Criminal Code 2015.

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