In criminal law, criminal offences become statute-barred after a certain period. The duration of this limitation period depends on the severity of the offence. After this period has elapsed, a suspect can no longer be prosecuted.
What does statute of limitations entail?
Statute of limitations in criminal law means that the right to prosecute a suspect lapses after a fixed period. This is because evidence becomes less reliable over time and the need for punishment often diminishes.
Limitation periods in criminal law
The length of the limitation period is determined by the maximum penalty for the offence.
Overview of periods (art. 70 Sr)
| Maximum penalty | Limitation period | Example offences |
|---|---|---|
| Misdemeanours | 3 years | Minor traffic offences |
| Maximum 3 years imprisonment | 6 years | Simple theft, intimidation |
| More than 3 years imprisonment | 12 years | Serious assault |
| 10 years or more imprisonment | 20 years | Manslaughter |
| Life imprisonment or 20+ years | No limitation | Murder, terrorism |
Offences without limitation
Certain serious crimes have no limitation period:
- Murder (art. 289 Sr)
- Genocide and crimes against humanity
- War crimes
- Terrorism with fatal outcome
- Specific sexual offences against minors
Start of the limitation period
The period generally starts the day after the commission of the criminal offence.
Specific situations
| Circumstance | Start of period |
|---|---|
| Continuing misdemeanour | Upon termination of the offence |
| Offence against a minor | Day after the victim's 18th birthday |
| Official misconduct | Upon termination of the office |
Interruption of the limitation
The limitation can be interrupted by an official act of prosecution.
Examples of interrupting acts
- Issuance of a summons
- Request for pre-trial detention
- Notification of further prosecution
- Certain investigative actions
Upon interruption, a new limitation period starts.
Suspension of the period
In some cases, the limitation is temporarily suspended:
- Upon interruption of the prosecution
- Upon a preliminary question to the Court of Justice
- Upon immunity of the suspect
Maximum limitation period
There is an absolute limitation period that cannot be extended by interruption. This is twice as long as the standard period.
Practical importance
- The defence can invoke limitation as an argument
- Courts review limitation ex officio
- Upon limitation, the Public Prosecutor's Office is declared inadmissible
Local information for Zoetermeer
For legal assistance in Zoetermeer, you can go to the Juridisch Loket Zoetermeer. Cases fall under the Rechtbank Den Haag (district).
Frequently asked questions about criminal law
What does criminal law entail?
Criminal law is the legal field that defines criminal conduct and sets the corresponding penalties. It protects society and safeguards the rights of suspects through substantive and procedural law.
What distinguishes substantive from formal criminal law?
Substantive criminal law specifies which acts are criminal and the penalties attached thereto. Formal criminal law regulates the procedures for investigation, prosecution, and trial.
Who enforces criminal law?
The police investigates, the Public Prosecutor's Office (OM) prosecutes, and the court adjudicates. Together, they ensure enforcement of criminal law.
How does criminal law protect suspects?
Criminal law provides guarantees such as the presumption of innocence, right to counsel, right to silence, and a fair trial to prevent wrongful convictions.