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

Verified 12 janvier 2024 - Directorate for Legal and Administrative Information (Prime Minister)

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The limitation period depends on the offense committed.

This period is imposed on the victim who wishes to lodge a complaint and on the public prosecutor who wants to sue.

General case
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 serious crimes (terrorism, organized drug trafficking, cloning, war crimes...)

Crime against humanity

None (not prescribed)

Defamation

In case of defamation, the limitation period shall be 3 months from the publication or delivery of the remarks.

It's 1 year from the date of publication or delivery of the remarks in case of discriminatory defamation (based on alleged race, religion, sex, sexual orientation, disability ...).

Insult

In case of insult, the limitation period shall be 3 months from the publication or delivery of the remarks.

It's 1 year from the date of publication or delivery of the remarks in case of discriminatory insult (based on alleged race, religion, sex, sexual orientation, disability ...).

The starting point of the limitation period is day on which the offense is committed. However, the rules are different for the following offenses:

  • Infringements usually, i.e. for repeated infringements over a longer or shorter period (e.g. bullying moral or sexual, illegal practice of medicine)
  • Infringements continuous, i.e. for those whose effects last over time (e.g. flight concealment, abandonment of family, non-presentation of a child, possession of narcotic)
  • Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (e.g. breach of trust, abuse of social property).

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.

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

The starting point of the limitation period is the last repetition of the act characterizing the habit.

Example :

Harassment (moral, sexual, ...) 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 was on 1er january 2022, the justice system will take into account all acts committed during the previous 6 years, i.e. from 1er January 2016.

Continuing infringement

The starting point for the limitation period for a continuous infringement shall be the last day on which the offense is committed.

Example :

The non-representation of a child is an ongoing offense. The limitation period is 6 years. This period shall begin from the day on which the child is returned to the person entitled to have it.

Theft concealment is an ongoing offense. The stolen item begins from the moment the suspect holds the stolen item until the moment he or she separates from it. In this example, the limitation period begins on the day the suspect separated from the object of the theft.

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 victim or to justice because of its nature (breach of trust, abuse of social property).

An offense is concealed whether the author has organized himself to prevent its discovery (offense of tax evasion).

The starting point for the limitation period for these infringements is the day the offense is discovered 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. However, 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.

Even if the starting point of the limitation period is the day on which the infringement is discovered or can be ascertained, there is a maximum time limit for action (cut-off period).

In case of infringement occult or concealed, the victim may file a complaint Up to 30 years after the fact for a crime and up to 12 years after the fact for an offense. The same time frame is required for the prosecutor to be able to prosecute.

An act or event may change time lapse of prescription. The time limit may be suspended or interrupted.

Interruption

When the limitation period is interrupted, a new delay equal to the initial delay starts again.

The limitation period for an infringement shall be interrupted by legal acts following:

  • Acts of the public prosecutor
  • Police or gendarmerie investigative acts (minutes)
  • Acts of the investigating judge
  • Court decisions

In such cases, the new starting point for the time limit is the date of the legal act which caused it to be interrupted.

Suspension

In the event of suspension, the limitation period shall be terminated. The time limit of prescription picks up where he left off when the cause for suspension ends.

The limitation period may be suspended by legal events or non-legal. 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.

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