The Institution of the Statute of Limitations in the Austrian Criminal Code of 1852

This article aims to describe the institution of the statute of limitations, which is relevant from the point of view of research by both dogmatists and legal historians. The origins of this institution date back to ancient times and it has evolved throughout history. Legislatures in the various eras have been diverse in their approach to its form and have sometimes even abandoned it completely. The Constituitio Criminalis Josephina of 1787 may serve as an example. What is essential for understanding the statute of limitations is to identify the necessary conditions for its application, both subjective and objective. In the analysis of various solutions, opinions of doctrine representatives, including such distinguished researchers as E. Krzymuski, were also indicated. The article contains some general information on Austrian criminal law, which allowed for the illustration of the analysed issues. It was considered justified to briefly characterise the criminal codes previously in force and the Criminal Act of 27 May 1852 against the background of the solutions set out in the German Criminal Code of 1871, the Russian Tagantsev Code, the Polish Makarewicz Code and the Polish Code of Petty Offenses. The historical-legal method was used first of all. It allows for the indication and description of the transformations taking place with regard to individual legal institutions. The dogmatic method was also used, which allowed for an exegesis of normative material and individual legal provisions. The article uses printed texts of laws, as well as online collections of Polish and Austrian digital libraries, especially with regard to the available commentaries from the period.