Criminal justice: what are the limitation periods?
Verified 12 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You're a victim of a infringement and you wonder if there's still time to file a complaint? You must be interested in the limitation period for bringing proceedings. If the limitation period has expired, it is no longer possible to prosecute the offender. The time limit depends on the type of offense, whether a victim exists or not, and the victim's age at the time of the crime. We present you with the information you need to know.
What applies to you ?
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There's a major victim
The limitation period depends on the offense committed.
This period is imposed on the victim who wishes to lodge a complaint and on the public prosecutor who wants to sue.
General case
Offense | Limitation period |
|---|---|
Contravention | 1 year |
Offense | 6 years |
Crime | 20 years in general 30 years for certain serious crimes (terrorism, organized drug trafficking, cloning, war crimes...) |
Crime against humanity | None (not prescribed) |
Defamation
In case of defamation, the limitation period shall be 3 months from the publication or delivery of the remarks.
It's 1 year from the date of publication or delivery of the remarks in case of discriminatory defamation (based on alleged race, religion, sex, sexual orientation, disability ...).
Insult
In case of insult, the limitation period shall be 3 months from the publication or delivery of the remarks.
It's 1 year from the date of publication or delivery of the remarks in case of discriminatory insult (based on alleged race, religion, sex, sexual orientation, disability ...).
The starting point of the limitation period is day on which the offense is committed. However, the rules are different for the following offenses:
- Infringements usually, i.e. for repeated infringements over a longer or shorter period (e.g. bullying moral or sexual, illegal practice of medicine)
- Infringements continuous, i.e. for those whose effects last over time (e.g. flight concealment, abandonment of family, non-presentation of a child, possession of narcotic)
- Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (e.g. breach of trust, abuse of social property).
The rules concerning the starting point of the limitation period shall apply to the victim who wishes to lodge a complaint and to the public prosecutor who wants to sue.
General case
For the majority of infringements, the starting point of the limitation period starts on the day on which the infringement (crime, offense, contravention) is committed.
Example :
One theft is committed on May 6, 2019. This is a crime. The applicable limitation period is 6 years. The deadline is May 7, 2025.
Habit violation
The starting point of the limitation period is the last repetition of the act characterizing the habit.
Example :
Harassment (moral, sexual, ...) is considered a habitual offense. It is an offense with a limitation period of six years. This period shall start from the most recent act of harassment. If the last act of harassment was on 1er january 2022, the justice system will take into account all acts committed during the previous 6 years, i.e. from 1er January 2016.
Continuing infringement
The starting point for the limitation period for a continuous infringement shall be the last day on which the offense is committed.
Example :
The non-representation of a child is an ongoing offense. The limitation period is 6 years. This period shall begin from the day on which the child is returned to the person entitled to have it.
Theft concealment is an ongoing offense. The stolen item begins from the moment the suspect holds the stolen item until the moment he or she separates from it. In this example, the limitation period begins on the day the suspect separated from the object of the theft.
Concealed or covert crime
Offenses occult or concealed are offenses that cannot be discovered when committed.
An offense is occult if it cannot be known to the victim or to justice because of its nature (breach of trust, abuse of social property).
An offense is concealed whether the author has organized himself to prevent its discovery (offense of tax evasion).
The starting point for the limitation period for these infringements is the day the offense is discovered and can be ascertained.
Example :
A person discovers seven years after the fact that he is the victim of a breach of trust. The limitation period for the breach of trust offense is 6 years. However, since it is an undisclosed offense, the limitation period starts from the moment the facts are discovered. In this case, the victim can file a complaint even 7 years after the fact.
Even if the starting point of the limitation period is the day on which the infringement is discovered or can be ascertained, there is a maximum time limit for action (cut-off period).
In case of infringement occult or concealed, the victim may file a complaint Up to 30 years after the fact for a crime and up to 12 years after the fact for an offense. The same time frame is required for the prosecutor to be able to prosecute.
An act or event may change time lapse of prescription. The time limit may be suspended or interrupted.
Interruption
When the limitation period is interrupted, a new delay equal to the initial delay starts again.
The limitation period for an infringement shall be interrupted by legal acts following:
- Acts of the public prosecutor
- Police or gendarmerie investigative acts (minutes)
- Acts of the investigating judge
- Court decisions
In such cases, the new starting point for the time limit is the date of the legal act which caused it to be interrupted.
Suspension
In the event of suspension, the limitation period shall be terminated. The time limit of prescription picks up where he left off when the cause for suspension ends.
The limitation period may be suspended by legal events or non-legal. These events must make prosecution impossible.
Legal grounds for suspension are provided for by law. For example, the implementation of a alternative measure to prosecution is a legal ground for suspension of the limitation period.
Non-legal grounds for suspension are not provided for by law. These are facts that make prosecution impossible for a period of time.
Non-legal grounds for suspension are very rare and are considered on a case-by-case basis by the judge.
There's a minor victim
The limitation period and the starting point of that period depend on the offense clerical.
This period may start with the majority of the victim for certain serious offenses (sexual assault, rape, etc.).
The limitation period depends on the nature of the infringement: contravention, offense or crime.
This time limit applies to the victim who wishes to lodge a complaint and to the public prosecutor who wants to sue.
Contravention
The limitation period shall be 1 year.
Offense
Offense | Limitation period |
|---|---|
General case (theft, violence...) | 6 years |
Trafficking in human beings | 10 years |
Pimping on a minor who is 15 years of age or older | 10 years |
Use of child prostitution (purchase of a sexual act) | 10 years |
Bribery of minors | 10 years |
Sexual offer to a minor via the internet | 10 years |
Use of pornographic images of minors | 10 years |
Use of a violent or pornographic message that can be seen by a minor | 10 years |
Incitement to genital mutilation (injuring the genitals) | 10 years |
Sexual assault | 10 years |
Sexual assault | 10 years |
Incitement to commit an offense against a minor | 10 years |
Incitement to commit rape for a benefit | 10 years |
Aggravated sexual assault (committed by several people, by a ascendant ...) | 20 years |
Sexual assault by violence, coercion, threat or surprise | 20 years |
Violence aggravated with total incapacity for work for more than 8 days | 20 years |
Insult and defamation | 3 months (general case) 1 year (in cases of racism, sexism or homophobia) |
Crime
Offense | Limitation period |
|---|---|
General case (armed robbery...) | 20 years |
Murder or assassination (infanticide) | 30 years |
Torture or barbaric acts | 30 years |
30 years | |
Trafficking in human beings aggravated | 30 years |
Pimping on a minor under 15 years of age | 30 years |
Terrorism, war crimes... | 30 years |
Crime against humanity | None (no prescription) |
The starting point for the limitation period is day on which the offense is committed. However, the rules are different for the following offenses:
- sexual offenses and offenses of serious bodily harm (e.g. murder, serious violence)
- Habitual offenses, i.e. offenses committed repeatedly over a longer or shorter period (e.g. bullying moral or sexual)
- Continuous infringements, i.e. infringements with lasting effects (e.g. flight concealment, abandonment of family)
- Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (e.g. infanticide with the concealment of a corpse).
The rules concerning the starting point of the limitation period shall apply to the victim who wishes to lodge a complaint and to the public prosecutor who wants to sue.
General case
For the majority of infringements, the starting point of the limitation period is the day on which the offense (crime, offense, contravention) is committed.
Example :
One theft is committed on May 6, 2021. This is a crime. The applicable limitation period is 6 years. The deadline is May 7, 2027.
Sexual Offenses
The starting point of the limitation period is the majority of the victim.
The minor victim may to lodge a complaint as soon as the offense is committed (she doesn't have to wait until she's a grown-up to do so).
It may also to lodge a complaint as from the date on which he attains the age of majority, for the whole period of limitation.
Example :
For a sexual assault (offense), the victim can file a complaint until the age of 28 (age of majority + limitation period of 10 years).
For a rape (crime), the victim can file a complaint until he or she is 48 years old (age of majority + limitation period of 30 years).
Serious bodily harm
For serious bodily harm (murder, serious violence, torture or barbaric acts), the starting point of the limitation period is the majority of the victim.
The minor victim may to lodge a complaint as soon as the offense is committed (she doesn't have to wait until she's a grown-up to do so).
It may also to lodge a complaint as from the date on which he attains the age of majority, for the whole period of limitation.
Habit violation
The starting point of the limitation period isthe last repetition of the act characterizing the habit.
Example :
Harassment (school, online...) is considered a habit offense. It is an offense with a limitation period of six years. This period shall start from the most recent act of harassment. If the last act of school harassment dates from January 14, 2022, the justice system will take into account all acts committed during the previous 6 years, that is, from January 14, 2016.
Continuing infringement
The starting point for the limitation period for a continuous infringement shall be the last day on which the offense is committed.
Example :
Theft concealment is an ongoing offense. The stolen item begins from the moment the suspect holds the stolen item until the moment he or she separates from it. In this example, the limitation period begins on the day the suspect separated from the object of the theft.
Concealed or covert crime
Offenses occult or concealed are offenses that cannot be discovered when committed.
An offense is occult if it cannot be known to the victim or to justice because of its nature (breach of trust).
An offense is concealed whether the author has organized himself to prevent its discovery (e.g. infanticide with concealed corpse).
The starting point for the limitation period for these infringements is the day the offense is discovered and can be ascertained.
Example :
A person discovers seven years after the fact that he is the victim of a breach of trust. The limitation period for the breach of trust offense is 6 years. But because it's a secret offense, the statute of limitations starts from the moment the facts are discovered. In this case, the victim can file a complaint even 7 years after the fact.
Even if the starting point of the limitation period is the day on which the infringement is discovered or can be ascertained, there is a maximum time limit for action (cut-off period).
In case of infringement occult or concealed, the victim may file a complaint Up to 30 years after the fact for a crime and up to 12 years after the fact for an offense. The same time frame is required for the prosecutor to be able to prosecute.
In the case of rape, sexual assault or sexual assault of a minor, the limitation period may be extended if a similar offense is committed during the expiry of the limitation period. We're talking about sliding prescription.
An act or event may also change time lapse of prescription. The time limit may be suspended or interrupted.
Rolling Prescription: New Offense (Sexual Assault, Sexual Assault or Rape) Committed
The limitation period may be extended if the perpetrator commits a rape against another minor, before the expiry of the limitation period, a new rape or sexual assault or sexual assault. In this case, the limitation period for the initial rape is extended until the date of limitation of the new infringement.
The limitation period may be extended if the perpetrator of a sexual assault or sexual assault commits against another minor, before the expiry of the limitation period, a new sexual assault or sexual assault. In this case, the limitation period for the original infringement shall be extended until the date of limitation of the new infringement.
Interruption
When the limitation period is interrupted, a new delay equal to the initial delay starts again.
The limitation period for an infringement shall be interrupted by legal acts following:
- Acts of the public prosecutor
- Police or gendarmerie investigative acts (minutes)
- Acts of the investigating judge
- Court decisions
In such cases, the new starting point for the time limit is the date of the legal act which caused it to be interrupted.
Suspension
In the event of suspension, the limitation period shall be terminated. The time limit of prescription picks up where he left off when the cause for suspension ends.
The limitation period may be suspended by legal events or non-legal. These events must make prosecution impossible.
Legal grounds for suspension are provided for by law. For example, the implementation of a alternative measure to prosecution is a legal ground for suspension of the limitation period.
Non-legal grounds for suspension are not provided for by law. These are facts that make prosecution impossible for a period of time.
Non-legal grounds for suspension are very rare and are considered on a case-by-case basis by the judge.
There are no victims
Some offenses do not cause victims (for example, driving a vehicle without a driving license, speeding).
However, even in the absence of a victim, the limitation period is imposed on the public prosecutor when he wishes to prosecute the accused person.
The limitation period depends on the offense committed.
Offense | Limitation period |
|---|---|
Contravention | 1 year |
Offense | 6 years |
Crime | 20 years in general 30 years for certain crimes (drug trafficking in organized groups ...) |
The starting point of the deadline is the day on which the offense is committed. However, the rules are different for the following offenses:
- Infringements usually, i.e. for offenses committed repeatedly over a longer or shorter period (e.g. illegal practice of medicine)
- Infringements continuous, i.e. for those whose effects last over time (e.g. possession of narcotics, possession of false administrative documents)
- Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (e.g. breach of trust).
General case
For the majority of infringements, the starting point of the limitation period is the day on which the offense (crime, offense, contravention) is committed.
Example :
A major speeding incident occurred on May 6, 2019. This is a crime. The applicable limitation period is 6 years. The prosecutor can no longer prosecute after May 7, 2025.
Habit violation
The starting point of the limitation period is the last repetition of the act characterizing the habit.
Continuing infringement
The starting point for the limitation period for a continuous infringement shall be the last day on which the offense is committed.
Concealed or covert crime
Offenses occult or concealed are offenses that cannot be discovered when committed.
An offense is occult if it cannot be known to the judiciary because of its nature.
An offense is concealed whether the author has organized himself to prevent its discovery.
The starting point for the limitation period for these infringements is the day the offense is discovered and can be ascertained.
There is a maximum time for the public prosecutor prosecute, in case of covert or concealed offenses. This period may not exceed 30 years for a crime and 12 years for a felony from the fact-finding commission.
An act or event may change time lapse of prescription. The time limit may be suspended or interrupted.
Interruption
When the limitation period is interrupted, a new delay equal to the initial delay starts again.
The limitation period for an infringement shall be interrupted by legal acts following:
- Acts of the public prosecutor
- Police or gendarmerie investigative acts (minutes)
- Acts of the investigating judge
- Court decisions
In such cases, the new starting point for the time limit is the date of the legal act which caused it to be interrupted.
Suspension
In the event of suspension, the limitation period shall be terminated. The time limit of prescription picks up where he left off when the cause for suspension ends.
The limitation period may be suspended by legal events or non-legal. These events must make prosecution impossible.
Legal grounds for suspension are provided for by law. For example, the implementation of a alternative measure to prosecution is a legal ground for suspension of the limitation period.
Non-legal grounds for suspension are not provided for by law. These are facts that make prosecution impossible for a period of time.
Non-legal grounds for suspension are very rare and are considered on a case-by-case basis by the judge.
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Limitation period in case of crimes
Limitation period in the case of offenses
Limitation period in the event of infringements
Limitation periods for hidden or covert offenses
Interruption of prescription
Suspension of limitation period
Offenses with lengthy delays (for child victims)
Limitation periods for offenses of insult and defamation (Articles 65 and 65(3))
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