Wed, Apr. 13, 2005

Tolling Statute

CK - Washington.   Today, the cabinet in Berlin agreed to amend the tolling statute for criminal prosecutions. Currently, the statute of limitations is not tolled if a defendant moves abroad, even as the prosecution pursues extradition measures. As revised, the active pursuit of extradition requests would toll the statute of limitations. A fugitive who returns, or would be extradited, to Germany could face continued prosecution whereas current law would stop the prosecution after the expiration of the statute of limitations whether or nor extradition had been sought.

The proposed statute would next go to upper house and with its comments to the Federal Diet, Bundestag, in Berlin. When the text of the bill is published, one could determine whether it would require approval from the upper house, Bundesrat. A current guess based on the Attorney General's press release is that it will not, as Olaf Herrmann of the LobbyBlog confirms.

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