In criminal law, criminal offences become time-barred after a certain period. The duration of this period depends on the severity of the offence. After the statute of limitations has expired, a suspect can no longer be prosecuted.
What does statute of limitations entail?
Statute of limitations in criminal law means that the possibility to prosecute someone lapses after a specific period. This is because evidence becomes harder to obtain 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 or more imprisonment | 20 years | Manslaughter |
| Life imprisonment or 20+ years | No statute of limitations | Murder, terrorist acts |
Offences without statute of limitations
Certain serious crimes have no statute of limitations period:
- Murder (art. 289 Sr)
- Genocide and crimes against humanity
- War crimes
- Terrorism with fatal outcome
- Specific sexual offences against children
Start of the statute of limitations period
The period for statute of limitations generally begins the day after the commission of the criminal offence.
Special situations
| Circumstance | Start moment of period |
|---|---|
| Continuing offence | After the end of the offence |
| Offence against minor | Day after victim's 18th birthday |
| Official misconduct | After termination of office |
Interrupting the statute of limitations
The statute of limitations period can be interrupted by an official act of prosecution.
Examples of interruption
- Issuance of a summons
- Request for pre-trial detention
- Notification of further prosecution
- Certain investigative acts
Upon interruption, a new statute of limitations period starts from that moment.
Suspension of the period
In some cases, the statute of limitations is temporarily suspended:
- Upon suspension of criminal proceedings
- During 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 period is twice the regular statute of limitations period.
Practical importance
- The defence can invoke statute of limitations as an argument
- Courts must automatically check for statute of limitations
- Upon statute of limitations, the Public Prosecutor's Office is declared inadmissible
Local information for Utrecht
For legal support in Utrecht, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. In addition, the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1, handles criminal cases in this region.