Statutes of Limitations for Prosecution in Utrecht
In Utrecht, statutes of limitations govern how long the Public Prosecution Service (PPS) may prosecute a criminal offence before the District Court of Utrecht. Once the period expires, no prosecution is possible, even with new evidence. This protects Utrecht residents from prolonged uncertainty and ensures legal certainty.
Legal Basis
The statutes of limitations for prosecution are set out in Title XXII of the Dutch Criminal Code (DCC), particularly Article 91 DCC. This article distinguishes between crimes and violations based on the maximum penalty. For Utrecht residents, it helps close old cases and provides clarity for both suspects and victims.
Important: the statute of limitations for prosecution (Art. 91 DCC) differs from that for enforcement of sentences (Art. 70 et seq. DCC). This article focuses on prosecution, i.e., the point at which the PPS can no longer issue a summons. For more information, read our article on Statutes of Limitations in Criminal Law.
Overview of Statutes of Limitations
The duration depends on the maximum penalty for the offence. Here's a handy overview:
| Maximum Penalty of Offence | Statute of Limitations for Prosecution | Statutory Basis |
|---|---|---|
| Life imprisonment or more than 12 years | 20 years | Art. 91(1)(a) DCC |
| More than 8 to 12 years | 15 years | Art. 91(1)(b) DCC |
| More than 6 to 8 years | 12 years | Art. 91(1)(c) DCC |
| More than 3 to 6 years | 8 years | Art. 91(1)(d) DCC |
| More than 1 to 3 years | 6 years | Art. 91(1)(e) DCC |
| More than 6 months to 1 year | 3 years | Art. 91(1)(f) DCC |
| Violations | 6 months | Art. 91(2) DCC |
Note: where multiple offences are involved, the longest period applies.
When Does the Period Start?
The statute of limitations for prosecution begins on the day after the date of the offence (Art. 92 DCC). For continuing offences, such as repeated nuisance in Utrecht neighbourhoods, it starts only upon cessation.
- Example: Theft on 1 January 2020 (max. 4 years' imprisonment, so 6-year period) expires on 2 January 2026.
- For murder (20 years): offence on 1 January 2000 expires on 2 January 2020.
Suspension and Interruption
The period is suspended (suspension) or reset (interruption) by specific actions (Arts. 93-95 DCC):
- Suspension: By summons or PPS notice. After the case, the clock restarts from zero.
- Interruption: By a new similar offence (Art. 93 DCC), or for juveniles until age 18.
Before the District Court of Utrecht, as a suspect you can invoke the statute of limitations (Art. 96 DCC); the judge will check it automatically.
Practical Examples from Utrecht
Example 1: Traffic violation. Speeding on Amsterdamsestraatweg on 1 January 2024 (violation, 6 months). The PPS must act before the District Court of Utrecht by 2 July 2024, or it expires. Fines often come quickly, but disputes can take longer.
Example 2: Robbery with violence (max. 9 years, 15-year period). Occurring on 1 January 2010 in Hoog Catharijne. Without action, it expires on 2 January 2025; a summons in 2020 resets the period.
Example 3: Aggravated assault (max. 8 years, 12 years). Complaint in 2023 about a 2015 incident in Kanaleneiland. Not yet expired? The judge may then order dismissal.
Rights and Obligations
Suspects' rights:
- Invoke statute of limitations before the District Court of Utrecht.
- No prosecution after expiry, even upon confession.
- Fair trial with period check.
PPS obligations:
- Prosecute in time before the District Court of Utrecht.
- Correct period calculation.
- Inform victims (Art. 51f CCP).
Victims: Urge the PPS, but expiry does not prevent this.
Frequently Asked Questions
Can the period be extended?
No, strict statutory limits. Only suspension resets it.
New evidence after expiry?
No prosecution possible. Protection against uncertainty takes precedence.
Does this apply to war crimes?
No, genocide does not expire (Art. 91(3) DCC).
Must I raise the statute myself?
The judge does so ex officio, but mention it to be safe.
Tips for Utrecht Residents
- Check the date: Request the offence date and calculate using our statute of limitations calculator.
- Seek help: For complex cases, contact Het Juridisch Loket Utrecht or a local lawyer via the Municipality of Utrecht legal aid.