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.
Periods for Statute of Limitations on Prosecution
The Public Prosecution Service (OM) must initiate prosecution within the following periods:
- Misdemeanours: 3 years
- Crimes with penalty up to 3 years: 6 years
- Crimes with penalty of 3-8 years: 12 years
- Crimes with penalty of 8 years or more: 20 years
- Life imprisonment: no statute of limitations
No Statute of Limitations for Serious Crimes
Certain serious crimes have no statute of limitations period:
- Murder
- Genocide and crimes against humanity
- War crimes
- Terrorist acts with fatal outcome
- Sexual abuse of minors (after 2013)
Start of the Statute of Limitations Period
The statute of limitations period starts the day after the commission of the offence. For offences that last longer, such as kidnapping, the period begins only after the end of the offence.
Interruption of Statute of Limitations (Suspension)
Statute of limitations can be interrupted by actions such as:
- Issuing a summons
- Imposing a penal order
Upon suspension, a new statute of limitations period starts from that moment.
Statute of Limitations on Sentences (Execution Statute of Limitations)
Imposed sentences can also become time-barred if not executed. The periods correspond to those for prosecution, with a minimum of 6 years.
Frequently Asked Questions about Statute of Limitations in Zoetermeer
How long does it take for a criminal offence to become time-barred?
The period depends on the severity of the offence. Misdemeanours become time-barred after 3 years, crimes up to 3 years penalty after 6 years, crimes with 3-8 years penalty after 12 years and crimes with 8+ years penalty after 20 years. Serious crimes such as murder or genocide never become time-barred. Contact a lawyer in Zoetermeer for advice on your case.
When does the statute of limitations for an offence start?
The period begins the day after the commission of the offence. For prolonged offences, such as human trafficking, the period starts only after termination. For specific questions, you can consult the Juridisch Loket Zoetermeer.
Can a statute of limitations period be interrupted?
Yes, by an act of prosecution such as a summons or penal order, the period is suspended and starts anew. This prevents a case from becoming time-barred.
What if an imposed sentence is not executed?
If a sentence is not executed within the statute of limitations period, it can no longer be imposed. The periods are the same as those for prosecution, with a minimum of 6 years.
What to do if a case is about to become time-barred?
If you think a case against you or someone else is about to become time-barred, you can seek legal advice from the Juridisch Loket Zoetermeer or engage a lawyer via the District Court of The Hague.