Questão jurídica principal
Whether pre-1 October 2002 offences were time-barred under the old limitation rules
Decisão extraída
The old limitation regime applied, and only offences older than 15 years before the first-instance judgment were absolutely time-barred.
Fundamentação extraída
For offences committed before 1 October 2002, the former limitation rules were the milder law. Under Art. 72(3) aStGB, absolute limitation was 15 years. The Federal Supreme Court held that the old rule on the running of limitation remains applicable on criminal appeal, so limitation does not extend until the federal judgment.