Statute of limitations in criminal law means that after a certain period, the right to prosecute someone or enforce a sentence lapses. The duration of this period depends on the severity of the criminal offense.
Periods for Statute of Limitations on Prosecution
The Public Prosecution Service (OM) must take action to prosecute within the following periods:
- Misdemeanors: 3 years
- Felonies with sentence up to 3 years: 6 years
- Felonies with sentence of 3 to 8 years: 12 years
- Felonies with sentence of 8 years or more: 20 years
- Life imprisonment: no statute of limitations
No Statute of Limitations for Serious Crimes
For certain serious offenses, no statute of limitations period applies:
- 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 offense. For offenses that take place over a longer period, such as kidnapping, the period begins only after the offense has ended.
Interruption of Statute of Limitations
Statute of limitations can be interrupted (stayed) by actions such as:
- An official act of prosecution (for example, a summons)
- Issuance of a penal order
After such an interruption, a new statute of limitations period starts.
Statute of Limitations on Sentences
Sentences that have been imposed but not executed can also become time-barred. The periods for this correspond to those for prosecution, with a minimum of 6 years.
Frequently Asked Questions about Statute of Limitations
How long does it take for a criminal offense to become time-barred?
The period depends on the severity of the offense. Misdemeanors become time-barred after 3 years, felonies with a sentence up to 3 years after 6 years, sentences between 3-8 years after 12 years, and for 8+ years sentence after 20 years. For life imprisonment and very serious crimes such as murder or genocide, there is no statute of limitations. Contact a lawyer for specific advice.
When does the statute of limitations period start?
The period begins the day after the commission of the offense. For prolonged offenses, such as human trafficking, the period starts only after the offense has ended. In case of uncertainty, seek legal advice.
Can statute of limitations be stopped or interrupted?
Yes, statute of limitations can be stayed by an act of prosecution, such as a summons, or a penal order. After staying, a new period begins. This gives the OM the opportunity to continue the case.
Can an imposed sentence become time-barred?
Yes, if a sentence is not executed within the statute of limitations period, it lapses. The periods are the same as those for prosecution, with a minimum of 6 years. Check the exact period for your case.
What are the consequences if an offense becomes time-barred?
If an offense becomes time-barred, the OM can no longer prosecute and no sentence will be imposed. The case is closed and the suspect can no longer be held accountable. For victims, this may mean that justice is not served.
Relevant institutions in Leiden: For legal assistance, you can go to the Juridisch Loket Leiden (Stationsweg 46) or submit matters to the District Court of The Hague, Leiden location.