Criminal justice: what are the limitation periods? - There's a minor victim

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

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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

Tableau - Limitation periods for offenses committed against minors

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

Tableau - Limitation periods for crimes committed against minors

Offense

Limitation period

General case (armed robbery...)

20 years

Murder or assassination (infanticide)

30 years

Torture or barbaric acts

30 years

Rape

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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