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| If the case has been opened, surely it does not lapse? | |
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Sure
it does, a verdict must have been reached within the timeframe listed (not necessarily a final one). There are two types of lapse, one is the prosecutionability (§97), the other the executionability of a verdict that has been rendered(§99). I believe prosecutinability never lapses for a a few crimes, sexual abuse of a minor for example, and certain legal actions may interrupt the countdown, but these are just exceptions to therule.
Take a
peek here (German only) and
here (not available in English).
The principle is quite similar for private debt:
Debt lapses after 5 (10) years unless you "betreiben" the debtor (akin to prosecuting). You may get a Schuldschein (promissory note?) as a result, which lapses after 20 years. Now, this isn't possible for a criminal sentence, but if you "betreiben" the debtor anew before the Schuldschein has lapsed you can get a new Schuldschein, by which the countdown is reset to zero.