Base de Datos de Legislación

Section 85. Cessation of criminal liability upon expiry of limitation period

An act is not punishable when the limitation period pursuant to sections 86 to 89 has expired.

Section 86. The limitation period

The limitation period for criminal liability is

a) two years when the maximum statutory penalty prescribed is a fine or imprisonment for a term not exceeding one year,

b) five years when the maximum statutory penalty prescribed is imprisonment for a term not exceeding three years,

c) 10 years when the maximum statutory penalty prescribed is imprisonment for a term not exceeding 10 years,

d) 15 years when the maximum statutory penalty prescribed is imprisonment for a term not exceeding 15 years,

e) 25 years when the maximum statutory penalty prescribed is imprisonment for a term not exceeding 21 years.

When calculating the limitation period it is irrelevant that another penalty may be imposed in addition to fines or imprisonment.

If a person has by the same act committed several offences which would have different limitation periods pursuant to the first paragraph, the longest limitation period applies to all the offences.

Section 87. The start of the limitation period

The limitation period for criminal liability shall be calculated from the day the offence ceased. However, for violations of sections 253, 257, 282, 284, 299 and 302, the limitation period shall be calculated from the day the aggrieved party reaches 18 years of age.

When the punishability of the act depends on or is affected by an arisen effect, the limitation period shall be calculated starting no earlier than the day the effect materialised.

If the criminal act was perpetrated on a Norwegian vessel outside the realm, the limitation period shall be calculated from the day the vessel arrived at a Norwegian port. However, the start of the limitation period may not be shifted by more than one year pursuant to this paragraph.

Section 88. Interruption of the limitation period

The limitation period pursuant to section 86 is interrupted when the suspect acquires the status of a person charged, see section 82 of the Criminal Procedure Act. If the charge is made by a statement out of court or by issuance of an optional penalty writ, the limitation period is interrupted when the person charged is notified of the charge. For such notification section 146, second paragraph, of the Courts of Justice Act applies correspondingly.

The interruption loses its effect when the prosecution is discontinued without the decision to do so being reversed by the superior prosecuting authority within the time limit given in section 75, second paragraph, of the Criminal Procedure Act. The same applies when the prosecution is suspended indefinitely. When calculating whether the limitation period has expired, the period of prosecution shall be included. This does not apply if the prosecution is suspended because the person charged has evaded prosecution.

Section 89. Limitation of criminal liability for enterprises

The limitation period applicable to criminal liability for an enterprise shall be calculated on the basis of the penalty limit for individuals in the penal provision that has been violated.

If the limitation period is interrupted for a person who has acted on behalf of an enterprise, the interruption also applies to the enterprise.