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Criminal justice: what are the limitation periods?
Verified 25 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Act prohibited by law and punishable by criminal penalties
Magistrate at the head of the public prosecutor's office (or public prosecutor's office). It is the recipient of complaints and reports. It conducts investigations, prosecutions and enforces the law.
The least serious offense, which is punishable by a fine
Act prohibited by law and punishable by a fine and/or imprisonment of less than 10 years
Most serious offense punishable by imprisonment (e.g. intentional killing or rape)
An act of tort or delict by a director who uses the property and credit of his business for his own benefit in an interest contrary to that interest
Criminal activity consisting of the recruitment, transportation, harboring or reception of a person for exploitation in certain circumstances
An offense of promoting the prostitution of another person or profiting from the prostitution of another person
An act of an adult who imposes, possibly via the Internet, on a minor, even over the age of 15, comments, acts, scenes or images that may lead to sexual depravity
Sexual act, which involves physical contact between an adult and a minor. The act is carried out without violence, coercion, threat or surprise unlike sexual assault or rape.
Non-penetration sexual act involving physical contact through violence, coercion, threats or surprise
The person from whom you come: parent, grandparent, great-grandparent,...
A person designated by law to represent and defend the interests of another person. For example, the father or mother of a minor child or the head of an organization.
The limitation period is the period beyond which it is no longer possible to prosecute the author of a infringement. It depends on the type of offense, whether or not a victim exists, and the victim's age at the time of the crime. The starting point is the day of the offense, but there are exceptions. The public prosecutor ascertain whether or not the facts have been time-barred. It is possible to lodge a complaint even if the deadline seems to have passed, it may have been interrupted or suspended.
What applies to you ?
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There are no victims
In some situations, there is no physical victim of the offense. For example, driving a vehicle without a driver's license, speeding, drug trafficking. Proceedings shall be instituted by public prosecutor because the law has not been respected.
The limitation period depends on the offense committed. This time limit is imposed on the Public Prosecutor who wants to initiate proceedings.
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, except for the following offenses:
- Infringements usually, that is to say, for offenses committed repeatedly over a longer or shorter period (driving a vehicle without insurance, sound attacks, etc.)
- Infringements continuous, i.e. for those whose effects last over time (illegal carrying of weapons, construction without a building permit,...)
- Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (e.g. illegal possession of foreign currency)
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 :
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
A habitual offense is an offense committed repeatedly over a longer or shorter period of time (e.g. driving a vehicle without insurance).
The starting point for the limitation period is the date on which the offense is discovered.
Continuing infringement
Continuous offenses are those that last over time (e.g. illegal carrying of weapons, possession of narcotics).
The starting point for the limitation period for a continuous infringement shall be the last day on which the infringement 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 (drug trafficking, illegal possession of foreign currency, etc.).
An offense is concealed whether the perpetrator has organized to prevent its discovery (e.g. cigarette smuggling).
The starting point for the limitation period for such infringements shall be the day on which the infringement 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 an offense from the commission of the facts.
The limitation period may be modified by an act or event which stops the statement thereof. It may be suspended or interrupted.
Interruption
The limitation period for an infringement shall be interrupted by the following legal acts:
- Acts of the public prosecutor
- Police or gendarmerie investigative acts (minutes)
- Acts of the investigating judge
- Court decisions
In this case, a new delay equal to the initial delay starts again. The new starting point for the deadline is the date of the legal act which caused it to be interrupted.
Suspension
The limitation period may be suspended by legal or non-legal events. 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.
The limitation period shall be interrupted during the cause of suspension. The limitation period starts from where it left off.
There's a major victim
The limitation period and the starting point of that period depend on the offense clerical.
This time limit applies to the victim who wishes to lodge a complaint and to 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 time limit for lodging a complaint shall be 3 months from the publication or delivery of the statement.
It is 1 year for defamation because of belonging to an ethnic group, a nation, a so-called race, a specific religion.
The same applies to defamation of sex, sexual orientation, gender identity or disability.
The complaint must be filed after the publication or delivery of the statement.
Insult
In case of insult, the time limit for lodging a complaint shall be 3 months from the publication or delivery of the statement.
It is 1 year for insult because of belonging to an ethnic group, a nation, a so-called race, a specific religion.
The same is true for abuse of sex, sexual orientation, gender identity or disability.
The complaint must be filed after the publication or delivery of the statement.
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.
The starting point for the limitation period is day on which the offense is committed, except for the following offenses:
- Offenses ofhabit, i.e. for repeated infringements over a longer or shorter period (e.g. bullying moral or sexual)
- Infringements continuous, i.e. for those whose effects last over time (flight concealment, illegal carrying of weapons,...)
- Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (breach of trust, abuse of social property,...)
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
A habitual offense refers to the offense repeatedly committed over a longer or shorter period of time (e.g. illegal practice of medicine, harassment, etc.).
The starting point for the limitation period is the date on which the offense is discovered.
Example :
Harassment (moral, sexual, telephone...) 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 dates from January 1, 2022, the justice system will take into account all acts committed during the previous 6 years, that is from January 1, 2016.
Continuing infringement
Continuous offenses are those that last over time (e.g. theft concealment, illegal carrying of weapons, abandonment of family, non-presentation of a child, narcotics possession...)
The starting point for the limitation period for a continuous infringement shall be the last day on which the infringement is committed.
Example :
Driving without a license is an ongoing criminal offense. The limitation period is 6 years old. This period shall begin to run from the day on which the driver is stopped by the security forces.
Theft concealment is an ongoing offense. You're a stolen goods storekeeper from the time you hold the stolen item until you separate. In this example, the limitation period begins to run from the day on which the perpetrator separated from the object of the theft.
Concealed or covert crime
Certain offenses cannot be discovered when the facts are committed. In that case, we're talking covert or concealed offense.
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 if the perpetrator has organized to prevent its discovery (crime of tax evasion).
The starting point for the limitation period is the day on which the infringement occurs 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. 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.
There is a maximum time limit for filing a complaint or for the public prosecutor prosecute, in the event of an infringement occult or concealed. This period may not exceed 30 years for a crime and 12 years for an offense, starting from the commission of the facts.
FYI
in the case of an offense committed against a vulnerable person (illness, age...), there is no deferral from the starting point of the limitation period.
The limitation period may be modified by an act or event which stops the statement thereof. It may be suspended or interrupted.
Interruption
The limitation period for an infringement shall be interrupted by the following legal acts:
- Acts of the public prosecutor
- Police or gendarmerie investigative acts (minutes)
- Acts of the investigating judge
- Court decisions
In this case, a new delay equal to the initial delay starts again. The new starting point for the deadline is the date of the legal act which caused it to be interrupted.
Suspension
The limitation period may be suspended by legal or non-legal events. 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.
The limitation period shall be interrupted during the cause of suspension. The limitation period shall resume where it left off.
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 is 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 proposal to a minor under 15 years of age | 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 on a minor who is 15 years of age or older | 10 years |
Aggravated sexual assault (committed by several people, by a ascendant ...) on a minor under 15 years of age | 20 years |
Sexual assault on a minor under 15 years of age | 20 years |
Serious Violence on a minor under 15 years of age (total incapacity for work of 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 accompanied by acts of torture or barbarism | 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 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.
The starting point for the limitation period is the day on which the offense is committed.
For sexual offenses and for offenses involving serious injury (murder, serious violence, etc.), the limitation period starts from the date of the facts, their discovery or the majority of the victim.
The deadline also starts later for the following categories of offenses:
- 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)
- Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (abuse of weakness, infanticide with concealment of corpse,...)
General case
The day on which the offense (crime, offense, contravention) is the starting point of the limitation period. This is the case for the majority of offenses.
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
For sexual offenses, the limitation period starts from the date of the facts, their discovery or the majority of the victim.
A complaint may be filed during the minority of the victim by his or her legal representative.
If the victim complains when he or she is of age, the limitation period shall begin on the day of his or her majority.
FYI
for a crime (sexual assault), the victim can file a complaint until he or she is 38 years old (age of majority + limitation period of 20 years). For a crime (rape), she can file a complaint until she is 48 years old (age of majority + limitation period of 30 years).
Serious bodily harm
For offenses involving serious bodily harm (murder, serious violence, etc.), the limitation period starts from the date of the facts, their discovery or the majority of the victim.
A complaint may be filed during the minority of the victim by his or her legal representative.
The victim may lodge a complaint from the age of majority for the duration of the limitation period.
Habit violation
A habitual offense refers to the offense repeatedly committed over a longer or shorter period of time (e.g., illegal practice of medicine, harassment, habitual physical violence, etc.).
The starting point for the limitation period is the date on which the offense is discovered.
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 continuous offense is the one that lasts over time (for example theft concealment, harassment...).
The starting point for the limitation period for a continuous infringement shall be the last day on which the infringement is committed.
Example :
Theft concealment is the possession or purchase of something that is known to have been stolen. It is an ongoing offense. The limitation period for the receipt is 6 years. That period shall begin to run from the day on which the storekeeper no longer holds the item.
Concealed or covert crime
Certain offenses cannot be discovered when the facts are committed. In this case, we are talking about an offense occult or concealed.
An offense is occult if it cannot be known to the victim or to the justice system because of its nature (abuse of weakness...).
An offense is concealed whether the perpetrator has organized himself to prevent its discovery (infanticide with the concealment of a corpse).
The starting point for the limitation period is the day on which the infringement occurs 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.
There is a maximum time limit for filing a complaint or 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 an offense, starting from the commission of the facts.
The limitation period may be modified by an act or event which stops the statement thereof. It may be suspended or interrupted.
Interruption
The limitation period for an infringement shall be interrupted by the following legal acts:
- Acts of the public prosecutor
- Police or gendarmerie investigative acts (minutes)
- Acts of the investigating judge
- Court decisions
In this case, a new delay equal to the initial delay starts again. The new starting point for the deadline is the date of the legal act which caused it to be interrupted.
Suspension
The limitation period may be suspended by legal or non-legal events. 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.
The limitation period shall be interrupted during the cause of suspension. The limitation period shall resume where it left off.
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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))
Statute of limitations on crimes against humanity
Extension of the limitation period for certain offenses committed against a minor victim
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