Article 75. Release from Endurance of Punishment Due to the Expiration of the Limitation Period for the Effect of an Incriminating Judgment

 

1. A person convicted for a crime shall be released from the endurance of punishment if an incriminating judgment was not enforced within the following periods, counting from the day of its entering into legal force:

 

a) three years in case of conviction for a crime of a lesser gravity;

 

b) six years in case of conviction for a crime of a medium gravity;

 

c) ten years in case of conviction for a grave crime;

 

d) fifteen years in case of conviction for an especially grave crime.

 

2. The running of the limitation period shall be suspended if a convict evades the endurance of punishment. In this respect, the running of limitation periods shall be resumed from the moment of detention of a given person or his voluntary appearance to plead guilty. Limitation periods which have expired by the moment of evasion from the endurance of punishment by a given convict shall be subject to an offset. In this respect, a judgment of conviction for a crime may not be executed if twenty five years expired from the moment of its rendering, and the running of the limitation period was not interrupted by the commission of a new crime.

 

3. The running of the limitation period shall be interrupted if, prior to the expiration of periods indicated in the first part of this Article, a person commits a new deliberate crime. In such cases calculation of the limitation period shall start anew from the day of the commission of a new crime.

 

4. The issue of an application of the limitation period to a person convicted and sentenced to capital punishment or life-time deprivation of freedom shall be decided by a court. If a court does not consider it possible to apply the limitation period, capital punishment shall be substituted for life-time deprivation of freedom, and life-time deprivation of freedom shall be substituted for a period of twenty five years. To persons convicted for the commission of crimes against the peace and safety of humanity, limitation periods shall not apply.