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
The Public Prosecution Service (OM) must take action within the following periods:
- Misdemeanours: 3 years
- Crimes with a sentence up to 3 years: 6 years
- Crimes with a sentence of 3 to 8 years: 12 years
- Crimes with a sentence of 8 years or more: 20 years
- Life imprisonment: does not prescribe
No Statute of Limitations for Serious Offences
For certain serious crimes, no statute of limitations applies:
- Murder
- Genocide and crimes against humanity
- War crimes
- Terrorist acts with fatal outcome
- Sexual abuse of minors (since 2013)
Start of the Statute of Limitations
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 the 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, a new statute of limitations period begins to run.
Statute of Limitations for Sentences
Sentences that have been imposed but not executed can also prescribe. The periods correspond to those for prosecution, with a minimum of 6 years.
Frequently Asked Questions about Statute of Limitations in Rijswijk
How long does it take for a criminal offence to prescribe?
The period depends on the type of offence. Misdemeanours prescribe after 3 years, crimes with a sentence up to 3 years after 6 years, between 3-8 years after 12 years, and for 8 years or more after 20 years. Life sentences and serious crimes such as murder or genocide never prescribe. Contact a lawyer in Rijswijk for tailored advice.
When does the statute of limitations period start?
The period begins the day after the commission of the act. For prolonged offences, such as human trafficking, the period starts only after termination. For questions about the exact start date, consult the Juridisch Loket Rijswijk.
Can the statute of limitations period be interrupted?
Yes, by an act of prosecution such as a summons or penal order, the period is tolled. A new period then starts. The OM can thus prevent a case from prescribing.
Do imposed sentences also prescribe?
Yes, if a sentence is not executed within the period (minimum 6 years), it can prescribe. This means the sentence can no longer be executed. Seek advice from the District Court of The Hague for specific cases.
What if an offence prescribes?
If an offence prescribes, the OM can no longer institute prosecution and no sentence is imposed. The case is then closed, and the suspect can no longer be held accountable.