Limitation Periods for Prosecution in Westland

In Westland, the limitation period for prosecution determines how long the Public Prosecution Service (PPS) may pursue a criminal offense. Once the specified period has elapsed, no one can be prosecuted, even with new evidence. This protects residents of Westland, such as growers and locals in 's-Gravenzande or Naaldwijk, from prolonged uncertainty and ensures legal certainty.

Legal Basis

The limitation periods for prosecution are governed by Title XXII of the Criminal Code (Sr), particularly Article 91 Sr. These rules distinguish between crimes and offenses and base the duration on the maximum penalty. They help close old cases in areas like Westland and provide clarity for both victims and suspects. The District Court of Westland applies these strictly.

Important: limitation of prosecution (Art. 91 Sr) differs from limitation of enforcement of sentence (Art. 70 et seq. Sr). This article focuses on prosecution itself, i.e., when the PPS can no longer issue a summons. For more information, see our article on Limitation in Criminal Law.

Overview of Limitation Periods

The duration depends on the maximum penalty. Here's a table for clarity:

Maximum Penalty for Crime	Limitation Period for Prosecution	Legal Basis
Life imprisonment or more than 12 years	20 years	Art. 91(1)(a) Sr
More than 8 years up to 12 years	15 years	Art. 91(1)(b) Sr
More than 6 years up to 8 years	12 years	Art. 91(1)(c) Sr
More than 3 years up to 6 years	8 years	Art. 91(1)(d) Sr
More than 1 year up to 3 years	6 years	Art. 91(1)(e) Sr
More than 6 months up to 1 year	3 years	Art. 91(1)(f) Sr
Offenses	6 months	Art. 91(2) Sr

Note: for combined offenses, the longest period applies.

When Does the Period Start?

The limitation period for prosecution begins on the day after the date of the offense (Art. 92 Sr). For continuing offenses, such as repeated nuisance in Westland neighborhoods, it starts only upon cessation.

Example: Theft from a greenhouse on January 1, 2020 (max. 4 years penalty, so 6-year period) lapses on January 2, 2026.
For murder (20 years): offense on January 1, 2000, lapses on January 2, 2020.

Suspension and Interruption

The period is suspended (suspension) or reset (interruption) by specific actions (Art. 93-95 Sr):

Suspension: Via summons or PPS notice. After the case, the clock resumes.
Interruption: New similar offense (Art. 93 Sr), or for juveniles until age 18.

As a defendant, you can invoke limitation at the District Court of Westland (Art. 96 Sr); the judge checks it automatically.

Practical Examples from Westland

Example 1: Traffic Offense. Speeding on the N213 in Westland on January 1, 2024 (offense, 6-month period). The PPS must act by July 2, 2024, or it lapses. The Municipality of Westland often reports fines quickly.

Example 2: Robbery (max. 9 years, 15-year period). Occurred on January 1, 2010 near Poeldijk. Without action, it lapses on January 2, 2025; a summons in 2020 resets the period.

Example 3: Aggravated Assault (max. 8 years, 12-year period). Complaint in 2023 about a 2015 incident in Naaldwijk. Not yet lapsed? Prosecution may be discontinued at court.

Rights and Obligations in Westland

Defendants' Rights:

Invoke limitation to halt proceedings.
No prosecution after lapse, even upon confession.
Fair trial with period check at District Court Westland.

PPS Obligations:

Prosecute in time.
Correct period calculation.
Inform victims (Art. 51f CCP).

Victims: Urge the PPS, but do not prevent lapse.

Frequently Asked Questions

Can the period be extended?

No, strictly statutory. Only suspension resets it.

New evidence after lapse?

No, PPS cannot prosecute. Protection stands.

Limitation for war crimes?

No, exception (Art. 91(3) Sr).

Should you raise limitation yourself?

Judge does it automatically, but mention it.

Tips for Westland Residents

Check the period: Ask for offense date and calculate. Try our limitation calculator.
Seek help: For complex cases, contact Westland Legal Aid Office or a local lawyer for tailored advice.