In criminal law, the possibility of prosecuting criminal offences lapses after a certain period. The duration of this statute of limitations period depends on the severity of the offence. After this period has expired, a suspect can no longer be prosecuted.
What does the statute of limitations entail?
The statute of limitations in criminal law means that the authority to prosecute someone lapses after a fixed period. This principle is based on the idea that evidence becomes less reliable over time and the need for punishment becomes less urgent.
Statute of limitations periods in criminal law
The length of the statute of limitations period is determined by the maximum penalty for the offence.
Overview of periods (art. 70 Sr)
| Maximum penalty | Statute of limitations period | Examples of offences |
|---|---|---|
| Misdemeanours | 3 years | Minor traffic offences |
| Maximum 3 years imprisonment | 6 years | Simple theft, intimidation |
| Between 3 and 10 years imprisonment | 12 years | Serious assault |
| 10 years imprisonment or more | 20 years | Manslaughter |
| Life imprisonment or 20+ years | No statute of limitations | Murder, terrorism |
Offences without statute of limitations
Certain serious crimes have no statute of limitations period:
- Murder (article 289 Sr)
- Genocide and crimes against humanity
- War crimes
- Terrorist acts with fatal outcome
- Some sexual offences against minors
Start of the statute of limitations period
The period generally starts the day after the criminal offence was committed.
Specific situations
| Circumstance | Start of period |
|---|---|
| Continuing offence | After completion of the offence |
| Offence against a minor | Day after the victim's 18th birthday |
| Official misconduct | After termination of the official term |
Interruption of the statute of limitations
The statute of limitations can be interrupted by an official act of prosecution.
Examples of interrupting actions
- Issuance of a summons
- Request for pre-trial detention
- Notification of continuation of prosecution
- Certain investigative actions
A new statute of limitations period starts after an interrupting action.
Suspension of the statute of limitations
In some cases, the statute of limitations is temporarily suspended:
- During an interruption of the prosecution
- In case of a preliminary question to the Court of Justice
- If the suspect enjoys immunity
Maximum statute of limitations period
There is an absolute statute of limitations period that cannot be extended, not even by interruption. This is twice as long as the standard period.
Importance in practice
- The defence can invoke the statute of limitations as an argument
- Courts must check the statute of limitations ex officio
- In case of statute of limitations, the Public Prosecutor's Office is declared inadmissible
Frequently asked questions about criminal law in Westland
What does criminal law entail?
Criminal law is the legal domain that defines criminal acts and establishes the corresponding penalties. It protects society against crime and safeguards the rights of suspects through substantive and procedural law.
What distinguishes substantive from formal criminal law?
Substantive criminal law specifies which acts are punishable and what penalties apply. Formal criminal law regulates the procedures for investigation, prosecution and trial by the government.
Who enforces criminal law?
The government enforces criminal law through the police (investigation), the Public Prosecutor's Office (prosecution) and the court (trial). Each body has a specific role in the process.
How does criminal law protect the rights of suspects?
Criminal law provides guarantees such as the presumption of innocence, right to a lawyer, right to remain silent and a fair trial, all legally enshrined to protect suspects.