In criminal law, the possibility of prosecuting criminal offences lapses after a certain period. The duration of this statute of limitations period depends on the severity of the offence. After the period has expired, the suspect can no longer be prosecuted.
What does statute of limitations entail?
Statute of limitations in criminal law means that the authority to prosecute a suspect lapses after a fixed period. This principle is based on the idea that evidence becomes less reliable 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, as laid down in the law.
Overview of periods (art. 70 Sr)
| Maximum penalty | Statute of limitations period | Examples |
|---|---|---|
| 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, terrorism |
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
- Terrorist acts 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 criminal offence was committed.
Specific situations
| Circumstance | Start of period |
|---|---|
| Continuing offence | 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 statute of limitations (stuiting)
The statute of limitations can be interrupted by an official act of prosecution, causing the period to start anew.
Examples of interrupting actions
- Issuance of a summons
- Request for pre-trial detention
- Notification of further prosecution
- Certain investigative activities
Suspension of the statute of limitations
In some cases, the statute of limitations is temporarily suspended, for example:
- Upon interruption of the prosecution
- Upon a preliminary question to the Court of Justice
- Upon immunity of the suspect
Maximum statute of limitations period
There is an absolute statute of limitations period that cannot be extended by interruption. This period is twice as long as the standard 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 Prosecution Service is declared inadmissible
Local information for Rijswijk
For legal assistance in Rijswijk, you can go to the Juridisch Loket Rijswijk. Cases fall under the Rechtbank Den Haag, which covers the district for this region.
Frequently asked questions about criminal law
What does criminal law entail?
Criminal law is the legal field that defines criminal conduct and sets the associated penalties. It protects society and safeguards the rights of suspects through substantive and procedural law.
What is the difference between substantive and procedural law?
Substantive criminal law determines what is punishable and what penalties are possible. Procedural law regulates the procedures for investigation, prosecution, and trial.
Who enforces criminal law?
The police investigate, the Public Prosecution Service 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 a lawyer, right to remain silent, and a fair trial to protect suspects.
What to do with legal questions in Rijswijk?
For advice, you can contact the Juridisch Loket Rijswijk. Cases are handled by the Rechtbank Den Haag.