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 in Utrecht
The Public Prosecution Service (OM) must take action within the following periods:
- Misdemeanours: 3 years
- Crimes with penalty up to 3 years: 6 years
- Crimes with penalty of 3 to 8 years: 12 years
- Crimes with penalty of 8 years or more: 20 years
- Life imprisonment: no statute of limitations
Exceptions to Statute of Limitations
Certain serious crimes have no statute of limitations period:
- Murder and manslaughter
- Genocide and crimes against humanity
- War crimes
- Terrorism with fatal outcome
- Sexual abuse of children (since 2013)
Start of the Statute of Limitations Period
The statute of limitations period commences on the day following the commission of the offence. For offences that take place over a longer period, such as kidnapping, the period starts only after the end of the offence.
Interruption of Statute of Limitations
The statute of limitations can be interrupted (tolled) by actions such as:
- Issuing a summons
- Imposing a penal order
After such an interruption, the period starts anew.
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 Statute of Limitations in Utrecht
How long does it take for a criminal offence to lapse?
The duration depends on the type of offence. Misdemeanours lapse after 3 years, crimes with up to 3 years' penalty after 6 years, between 3-8 years' penalty after 12 years, and for 8 years or more after 20 years. Life sentences and very serious crimes such as murder or genocide do not lapse. Contact a lawyer for advice on your case.
When does the statute of limitations start?
The period begins the day after the commission of the act. For prolonged offences, such as human trafficking, the period starts only after the cessation of the criminal conduct. In case of uncertainty, you can seek legal assistance.
Can the statute of limitations be stopped?
Yes, the statute of limitations can be interrupted by prosecution, such as a summons or penal order. After interruption, a new period starts. The OM can thus prevent a case from lapsing.
Can an imposed sentence lapse?
Yes, unexecuted sentences also lapse, with periods equal to those for prosecution, but at least 6 years. After this period, the sentence can no longer be executed.
What if a case lapses?
If a case lapses, the OM can no longer prosecute and no penalty is imposed. The case is closed and the suspect is no longer liable. For victims, this often means that justice is not served.
Relevant institutions in Utrecht:
District Court Midden-Nederland, Vrouwe Justitiaplein 1
Juridisch Loket Utrecht, Catharijnesingel 55