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, a 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 diminishes.
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 of Offences |
|---|---|---|
| Misdemeanours | 3 years | Minor traffic violations |
| Maximum 3 years imprisonment | 6 years | Simple theft, threats |
| Between 3 and 10 years imprisonment | 12 years | Serious assault |
| 10 years or more imprisonment | 20 years | Manslaughter |
| Life imprisonment or more than 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 generally starts the day after the criminal offence was committed.
Special Rules
| Circumstance | Start of Period |
|---|---|
| Continuing offences | Upon termination of the offence |
| Offences against minors | Day after victim's 18th birthday |
| Official misconduct | Upon termination of the office |
Interruption of Statute of Limitations
Statute of limitations can be interrupted by an official prosecution act, after which a new period begins.
Examples of Interruption
- Issuance of a summons
- Request for pre-trial detention
- Notification of further prosecution
- Specific investigative acts
Suspension of the Period
In some cases, the statute of limitations is temporarily suspended, for example:
- Upon interruption of the prosecution
- During a preliminary question to the Court of Justice
- If the suspect enjoys immunity
Maximum Statute of Limitations Period
There is an absolute period that cannot be extended, not even by interruption. This period is twice as long as the standard period.
Importance in Practice
- Lawyers can invoke statute of limitations as a defence
- Courts must check statute of limitations ex officio
- Upon statute of limitations, the Public Prosecution Service is declared inadmissible
Frequently Asked Questions about Criminal Law and Statute of Limitations
What does criminal law entail?
Criminal law is the legal field that defines criminal conduct and establishes the corresponding sanctions. It protects society and safeguards the rights of suspects.
What distinguishes substantive from procedural criminal law?
Substantive criminal law specifies which acts are criminal and what penalties apply. Procedural criminal law regulates the procedures for investigation and prosecution.
Who is responsible for enforcing criminal law?
The police investigate, the Public Prosecution Service prosecutes, and the court adjudicates. Together, they ensure the execution of criminal law rules.
How are the rights of suspects protected?
Criminal law provides guarantees such as the presumption of innocence, right to a lawyer, right to remain silent, and a fair trial, as laid down in legislation.
Relevant Authorities in Leiden:
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46