The indictment blames the president of the SDS party Janez Janša of a criminal act performed between August 10 and 22, 2005. But as in such cases the facts which are in favour of the defendant are taken into consideration, it would mean that today, 10 years later – and that is the statute of limitations for criminal acts punishable by deprivation of liberty for a maximum period of more than one year – the Patria Case as far as Janša is concerned has fallen under statute of limitation.
For Anton Krkovič and Ivan Črnkovič the statute of limitation will be reached on September 3, based on the contents of the indictment. The interesting fact is that Janša's defence counsel Franci Matoz argues that the statute of limitation in the Patria Case will be reached not this year, but in two years, as the Constitutional Court passed a constitutional decision that at the repeal of the final judgment the procedure must be finalized not later than two years after the annulment. It was to be expected, as the defence expects an acquittal of Janša in retrial, while the question of his guilt or innocence would remain unanswered if the statute of limitations were reached.