What is the limitation period for a criminal penalty?
Verified 29 May 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The limitation period for the sentence is the period after which it is no longer possible to enforce the sentence. The starting point for this period is the date on which the conviction became definitive. This period shall take into account the nature of the offense committed.
Deadline
The limitation period for contraventions is 3 years old.
Definition
The limitation period is the failure to execute a criminal conviction after a certain period of time has elapsed. This time is referred to as the limitation period.
The statute of limitations only relates to the penalties that have become final and which may be the subject of an act of enforced execution (imprisonment, fine, confiscation, etc.).
Additional or ancillary penalties which cannot be enforced are not subject to any statute of limitations (prohibition of entry into France, prohibition of residence, etc.).
Effects
The statute of limitations prevents the execution of the sentence, but does not erase the conviction. This has important consequences. For example, the property of the convicted person will no longer be seized after the fine has expired. However, the conviction will still be recorded in the criminal record. In this way, it can serve as the basis for a recurrence, or prevent the uttering of a reprieve in the event of a new conviction.
The limitation of the sentence has no effect on civil reparations and therefore does not deprive the civil parties their right to compensation. The person ordered to pay damages will have to pay them, even if the penalty is prescribed.
The limitation period for the sentence shall be interrupted by the acts or decisions taken for the execution of the sentence. These acts may be taken by certain magistrates or the Public Treasury. In that case, a new full limitation period shall begin to run.
Deadlines
Offenses | Limitation period |
|---|---|
General case | 6 years |
War Offense | 20 years |
Crime relating to terrorism | 20 years |
Crime in drug trafficking | 20 years |
Offense relating to the proliferation of weapons of mass destruction and their means of delivery | 20 years |
Definition
The limitation period is the failure to execute a criminal conviction after a certain period of time has elapsed. This time is referred to as the limitation period.
The statute of limitations only relates to the penalties that have become final and which may be the subject of an act of enforced execution (imprisonment, fine, confiscation, etc.).
Additional or ancillary penalties which cannot be enforced are not subject to any statute of limitations (prohibition of entry into France, prohibition of residence, etc.).
Effects
The statute of limitations prevents the execution of the sentence, but does not erase the conviction. This has important consequences. For example, the convicted person will no longer be able to be incarcerated, but the conviction will nevertheless be entered in the criminal record.
In the case of a new offense, the prescribed penalty may be used to determine that there is recurrence.
Similarly, the judge may use the prescribed penalty to refuse to grant the reprieve in the event of a new conviction.
Even if the sentence is time-barred, civil parties can seek and obtain damages.
The limitation period for the sentence shall be interrupted by the acts or decisions taken for the execution of the sentence. These acts may be taken by certain magistrates or by the Public Treasury. In that case, a new full limitation period shall begin to run.
Deadlines
Offenses | Limitation period |
|---|---|
General case | 20 years |
Crime of eugenics and reproductive cloning | 30 years |
Crime of enforced disappearance | 30 years |
War crime | 30 years |
Crime relating to acts of terrorism | 30 years |
Drug-trafficking crime | 30 years |
Crime relating to the proliferation of weapons of mass destruction and their means of delivery | 30 years |
Crime against humanity | Unlimited |
Definition
The limitation period is the failure to execute a criminal conviction after a certain period of time has elapsed. This time is referred to as the limitation period.
The statute of limitations only relates to the penalties that have become final and which may be the subject of an act of enforced execution (imprisonment, fine, confiscation, etc.).
Additional or ancillary penalties which cannot be enforced are not subject to any statute of limitations (prohibition of entry into France, prohibition of residence, etc.).
Effects
The statute of limitations prevents the execution of the sentence, but does not erase the conviction. This has important consequences. For example, the convicted person will no longer be able to be incarcerated, but the conviction will nevertheless be entered in the criminal record.
In the case of a new offense, the prescribed penalty may be used to determine that there is recurrence.
Similarly, the judge may use the prescribed penalty to refuse to grant the reprieve in the event of a new conviction.
Even if the sentence is time-barred, civil parties can seek and obtain damages.
The limitation period for the sentence shall be interrupted by the acts or decisions taken for the execution of the sentence. These acts may be taken by certain magistrates or by the Public Treasury. In that case, a new full limitation period shall begin to run.
Limitation periods for contraventions, offenses and crimes