Criminal justice: what are the limitation periods? - There are no victims
Verified 12 janvier 2024 - Directorate for Legal and Administrative Information (Prime Minister)
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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