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Section 33

Period of limitation interrupted

(1) The period of limitation is interrupted by

1.  the initial examination of the person concerned, the notification that investigation proceedings have been initiated against him or her, or by the order requiring such examination or notification,

2.  any judicial examination of the person concerned, or of a witness, or by the order requiring such examination,

3.  any appointment of an expert by the prosecuting authority or the judge, if the person concerned has previously been examined or was informed of the initiation of the investigation proceedings,

4.  any order by the prosecuting authority or by the judge for seizure or search, and by judicial decisions by which such order is upheld,

5.  the temporary discontinuation of the proceedings by the prosecuting authority or the judge because of absence of the person concerned, as well as by any order of the prosecuting authority or the judge issued after such discontinuation of the proceedings to establish the whereabouts of the person concerned or to secure evidence,

6.  any request by the prosecuting authority or the judge to undertake an investigatory act in a foreign country,

7.  the statutory hearing of another authority by the prosecuting authority prior to conclusion of the investigations,

8.  the transfer of the case to the administrative authority by the public prosecution office in accordance with section 43,

9.  issuance of a regulatory fining notice, insofar as such notice is served within two weeks, otherwise by service thereof,

10.  receipt of the files at the local court in accordance with section 69 (3) sentence 1 and subsection (5) sentence 2, and referral of the case to the administrative authority in accordance with section 69 (5) sentence 1,

11.  any fixing of a date for a main hearing,

12.  reference to the possibility of rendering a decision without a main hearing (section 72 (1) sentence 2),

13.  preferring public charges,

14.  opening main proceedings,

15.  a penal order or any other decision equivalent to a judgment.

The period of limitation in independent proceedings involving an order imposing an incidental consequence or a regulatory fine against a legal person or an association of persons is interrupted by the acts referred to in sentence 1 for the purpose of carrying out independent proceedings.

(2) The running of the statute of limitations is interrupted by a written order or decision at the time at which the order or decision is drawn up. If the document has not immediately commenced processing after being drawn up, then the time when it is actually submitted for processing is decisive.

(3) After each interruption, the statute of limitations starts running anew. Prosecution is however barred by the statute of limitations at the latest either when, since the time indicated in section 31 (3), twice the statutory period of limitations has elapsed, or when at least two years have elapsed. If a person is charged with an act in proceedings pending at a court which simultaneously constitutes a criminal offence and a regulatory offence, then the period ensuing from the criminal penalty imposable is deemed to be the statutory period of limitations within the meaning of sentence 2. Section 32 remains unaffected.

(4) The interruption is only effective in respect of the person to whom the act relates. In cases falling under subsection (1) sentence 1 numbers 1 to 7, 11, and 13 to 15, the interruption also occurs if the act is aimed at prosecution of the offence as a criminal offence.

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