Amendment to the Criminal Code
As from 2nd March 2016, another of the amendments to the Criminal Code announced by the current government, entered into force. This time it is related to changing the terms of statute of limitation and reinstatement, including cases within material criminal law, before the entry into force of the amending Act of 20th February 2015.
Thus, as a reminder, it ought to be mentioned that until 02nd March 2016, 5 years were added to the terms of limitation of prosecution deriving from the provisions of Art. 101 § 1 of the Criminal Code, in cases in which within the terms indicated by the said provision, proceedings against a person were instigated.
As from 2nd March 2016, the Act orders to add not 5 but 10 years to the period of limitation. What is important in this respect, however, is that 10 years are added if within the terms referred to in Art. 101 § 1 of the Criminal Code proceedings were instigated, and, on the other hand, it is not required that those proceedings must be against a person. This is a remarkable difference which may have relevance in cases in which proceedings in the in rem phase continued relatively long. Then, after many years of litigation before the court, while examining the term of limitation, one ought to pay attention to the new means of calculating the term, which might turn out to be more beneficial for the accused than before the amendment. One must emphasize here that Art. 2 of the Act implementing the new regulation constitutes that in reference to criminal acts committed before the date of the entry into force of this Act, the regulations in the content of this Act should be applied, unless the term of limitation has already expired.
Olgierd Pogorzelski, attorney-at-law