Criminal justice: what are the limitation periods? - There are no victims

Verified 25 février 2022 - Directorate for Legal and Administrative Information (Prime Minister)

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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.

Tableau - Limitation period depending on the infringement

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.

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