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Art. 101
3. Exclusion from limitation 1 There is no statute of limitations for the offences of:
2 If the right to prosecute the offence would have become time barred had Articles 97 and 98 applied, the court may in its discretion impose a more lenient penalty. 3 Paragraphs 1 letters a, c and d and paragraph 2 apply if the right to prosecute or execute the sentence had not become time barred by 1 January 1983 in accordance with the law applicable until that point in time. Paragraph 1letter b applies if the right to prosecute or execute the penalty has not become time barred under the previous law when the Amendment of 18 June 2010 to this Code comes into force. Paragraph 1 letter e applies if the prosecution or the sentence has not become time barred by 30 November 2008 in accordance with the law applicable until that point in time.137 138 135 Inserted by No I 1 of the FA of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977). 136 Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863). 137 Third sentence inserted by No I 1 of the FA of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977). 138 Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863). |