In brief

Most offences become time-barred after three, five or ten years. But the period does not simply run on: every questioning, every search warrant restarts it. Only after twice the period has passed is it over for good.

The periods

Section 78(3) StGB links the period to the maximum penalty for the offence. Three years for offences carrying up to one year, such as insult. Five years for up to five years, which covers most everyday offences: theft, fraud, bodily injury, benefit fraud. Ten years for up to ten years, such as dangerous bodily injury or particularly serious fraud. Twenty years above ten years, thirty years where life imprisonment applies. Murder is never time-barred (Section 78(2) StGB). For particularly serious tax evasion, Section 376 AO provides fifteen years.

Start, suspension, interruption

The period starts when the offence is completed (Section 78a StGB). In benefit fraud by concealing income, that is usually the last payment wrongly received, not the day on which the change should have been reported.

Certain circumstances suspend limitation. For sexual offences against children and young people it only begins to run when the victim turns 30 (Section 78b(1) StGB). After a first-instance judgment it is suspended until the case is finally concluded (Section 78b(3) StGB).

Section 78c StGB lists the acts that interrupt the period: the first questioning of the accused or notice that they are being investigated, judicial seizure and search orders, an arrest warrant, the filing of charges and others. After each interruption the period starts again. Once twice the statutory period has passed, however, absolute limitation applies (Section 78c(3) StGB).

In practice

Limitation is rarely the great escape, but it is often a partial success. In series cases, such as benefits received over many years, the oldest individual acts often drop out, and with them part of the loss. For traffic regulatory offences a much shorter period applies: three months until the fine notice, six months thereafter (Section 26(3) StVG). The calculation is error-prone and therefore belongs in every review of the file.

General explanation, not advice on an individual case. As of November 2026.