What is the limitation period for a criminal penalty?
Verified 04 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You're sentenced to a penalty of fine or to a prison sentence ? If the penalty is not executed for a while, it will not be able to be. The time during which the sentence is to be served is called limitation period. The starting point for this period is the date on which the conviction became definitive. The duration of the limitation period is related to the category of theinfringement clerk: contravention, offense or crime.
How long is the limitation period?
The limitation period is the failure to execute a criminal conviction after a certain period of time has elapsed. This time is called 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 may not be prescribed. They're said to be non-prescriptible. For example, a travel ban on French territory.
The limitation period of a sentence imposed for one contravention is 3 years.
What are the effects of the prescription?
The statute of limitations prevents the execution of the sentence, but does not erase the conviction.
If you have been sentenced to a sentence that has become prescribed, you will no longer be able to be incarcerated and your property will not be able to be seized for non-payment of the fine.
However, the sentence will be recorded in the criminal record and it can be taken into account, if you commit a new infringement, to establish the recurrence.
Similarly, the prescribed sentence may be taken into account in the case of a new offense to prevent the pronouncement of a reprieve in your favor.
The limitation of the sentence has no effect on civil reparations and therefore does not deprive the civil parties their right to compensation.
If you have been ordered to pay damages to the victim of the offense, you will have to pay them even if the sentence is prescribed.
Can the limitation period be interrupted?
The limitation period for the sentence shall be interrupted by the acts or decisions taken for the execution of the sentence.
The public prosecutor and the judge responsible for the enforcement of sentences may take steps to enforce your prison sentence. For example, a arrest warrant, one warrant to take.
Public Treasury officials may themselves take steps to overlay the amount of the fine.
The measures taken to enforce the sentence give rise to a new full limitation period.
How long is the limitation period?
The limitation period is the failure to execute a criminal conviction after a certain period of time has elapsed. This time is called 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 may not be prescribed. They're said to be non-prescriptible. For example, a travel ban on French territory.
The limitation period of a sentence imposed for a offense is 6 years.
But there are longer delays depending on the seriousness of the offense.
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 |
What are the effects of the prescription?
The statute of limitations prevents the execution of the sentence, but does not erase the conviction.
If you have been sentenced to a sentence that has become prescribed, you will no longer be able to be incarcerated and your property will not be able to be seized for non-payment of the fine.
However, the sentence will be recorded in the criminal record and it can be taken into account, if you commit a new infringement, to establish the recurrence.
Similarly, the prescribed sentence may be taken into account in the case of a new offense to prevent the pronouncement of a reprieve in your favor.
The limitation of the sentence has no effect on civil reparations and therefore does not deprive the civil parties their right to compensation.
If you have been ordered to pay damages to the victim of the offense, you will have to pay them even if the sentence is prescribed.
Can the limitation period be interrupted?
The limitation period for the sentence shall be interrupted by the acts or decisions taken for the execution of the sentence.
The public prosecutor and the judge responsible for the enforcement of sentences may take steps to enforce your prison sentence. For example, a arrest warrant, one warrant to take.
Public Treasury officials may themselves take steps to overlay the amount of the fine.
The measures taken to enforce the sentence give rise to a new full limitation period.
How long is the limitation period?
The limitation period is the failure to execute a criminal conviction after a certain period of time has elapsed. This time is called 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 may not be prescribed. They're said to be non-prescriptible. For example, a travel ban on French territory.
The limitation period of a sentence imposed for a crime is 20 years.
But there are longer delays depending on the seriousness of the offense.
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 |
Effects
The statute of limitations prevents the execution of the sentence, but does not erase the conviction.
If you have been sentenced to a sentence that has become prescribed, you will no longer be able to be incarcerated and your property will not be able to be seized for non-payment of the fine.
However, the sentence will be recorded in the criminal record and it can be taken into account, if you commit a new infringement, to establish the recurrence.
Similarly, the prescribed sentence may be taken into account in the case of a new offense to prevent the pronouncement of a reprieve in your favor.
The limitation of the sentence has no effect on civil reparations and therefore does not deprive the civil parties their right to compensation.
If you have been ordered to pay damages to the victim of the offense, you will have to pay them even if the sentence is prescribed.
Can the limitation period be interrupted?
The limitation period for the sentence shall be interrupted by the acts or decisions taken for the execution of the sentence.
The public prosecutor and the judge responsible for the enforcement of sentences may take steps to enforce your prison sentence. For example, a arrest warrant, one warrant to take.
Public Treasury officials may themselves take steps to overlay the amount of the fine.
The measures taken to enforce the sentence give rise to a new full limitation period.
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Limitation periods for contraventions, offenses and crimes