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Art. 97
1. Limitation of prosecution rights Periods 1 The right to prosecute is subject to a time limit of:
2 In the case of sexual acts with children (Art. 187) and in the case offences under Articles 111, 113, 122, 124, 182, 189–191, 193, 193a, 195 and 197 paragraph 3 involving a child under 16, the limitation period in each case runs at least until the victim has attained the age of 25.139 3 If a judgment is issued by a court of first instance before expiry of the limitation period, the time limit no longer applies. 4 The limitation of the right to prosecute in the case of sexual acts with children (Art. 187) and dependent minors (Art. 188) and offences under Articles 111–113, 122, 182, 189–191 and 195 involving a child under 16 is governed by paragraphs 1–3 if the offence was committed before the amendment of 5 October 2001140 came into force and the limitation of the right to prosecute had not yet taken effect.141 138 Amended by No I 1 of the FA of 21 June 2013 (Extension of Prosecution Time Limits), in force since 1 Jan. 2014 (AS 20134417; BBl 2012 9253). 139 Amended by No I 1 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011). 141 Amended by Art. 2 No 1 of the FedD of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 54375440; BBl 2005 2807). |