The statute of limitations in criminal law means that after a certain period, the right to prosecute someone or execute a sentence lapses. The duration of this period depends on the severity of the criminal offence.
Prosecution Periods
The Public Prosecution Service (OM) must take action to prosecute within the following periods:
- Misdemeanours: 3 years
- Crimes with a penalty up to 3 years: 6 years
- Crimes with a penalty of 3 to 8 years: 12 years
- Crimes with a penalty of 8 years or more: 20 years
- Life imprisonment: no statute of limitations
Exceptions to the Statute of Limitations
For certain serious crimes, no statute of limitations applies:
- Murder
- Genocide and crimes against humanity
- War crimes
- Terrorist acts with fatal outcome
- Sexual abuse of minors (since 2013)
Start of the Statute of Limitations Period
The statute of limitations period starts the day after the commission of the offence. For offences that last longer, such as kidnapping, the period begins only after the end of the offence.
Interruption of the Statute of Limitations
The statute of limitations can be interrupted (tolled) by:
- A formal act of prosecution, such as a summons
- The issuance of a penal order
Thereafter, a new statute of limitations period starts.
Statute of Limitations for Sentences
Sentences that have been imposed but not executed can also lapse. The periods correspond to those for prosecution, with a minimum of 6 years.
Frequently Asked Questions about the Statute of Limitations in Westland
How long does it take for a criminal offence to lapse?
The period depends on the severity of the offence. Misdemeanours lapse after 3 years, crimes with a penalty up to 3 years after 6 years, penalties between 3-8 years after 12 years, and for more serious crimes (8+ years) after 20 years. For life imprisonment and serious offences such as murder or genocide, there is no statute of limitations. Contact a lawyer in Westland for tailored advice.
When does the statute of limitations period start?
The period begins the day after the commission of the offence. For prolonged offences, such as human trafficking, the period starts only after the termination of the offence. For questions about the exact start date, consult the Juridisch Loket Westland.
Can the statute of limitations be stopped?
Yes, the statute of limitations can be interrupted by an act of prosecution, such as a summons, or a penal order. After interruption, a new period begins. The OM can thus prevent a case from lapsing.
Can an imposed sentence lapse?
Yes, if a sentence is not executed within the statute of limitations period (equal to that for prosecution, minimum 6 years), it can no longer be executed. Seek advice from a lawyer in Westland for the specific period.
What if a case lapses?
If a case lapses, the OM can no longer prosecute and no sentence is imposed. The case is closed, and the suspect can no longer be held accountable. For victims, this may mean that justice is not served.