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

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

Your situation

  • There's a major victim
Edit

The limitation period and the starting point of that period depend on the offense clerical.

This time limit applies to the victim who wishes to lodge a complaint and to 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 time limit for lodging a complaint shall be 3 months from the publication or delivery of the statement.

It is 1 year for defamation because of belonging to an ethnic group, a nation, a so-called race, a specific religion.

The same applies to defamation of sex, sexual orientation, gender identity or disability.

The complaint must be filed after the publication or delivery of the statement.

Insult

In case of insult, the time limit for lodging a complaint shall be 3 months from the publication or delivery of the statement.

It is 1 year for insult because of belonging to an ethnic group, a nation, a so-called race, a specific religion.

The same is true for abuse of sex, sexual orientation, gender identity or disability.

The complaint must be filed after the publication or delivery of the statement.

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 day on which the offense is committed, except for the following offenses:

  • Offenses ofhabit, i.e. for repeated infringements over a longer or shorter period (e.g. bullying moral or sexual)
  • Infringements continuous, i.e. for those whose effects last over time (flight concealment, illegal carrying of weapons,...)
  • Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (breach of trust, abuse of social property,...)
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

A habitual offense refers to the offense repeatedly committed over a longer or shorter period of time (e.g. illegal practice of medicine, harassment, etc.).

The starting point for the limitation period is the date on which the offense is discovered.

Example :

Harassment (moral, sexual, telephone...) 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 dates from January 1, 2022, the justice system will take into account all acts committed during the previous 6 years, that is from January 1, 2016.

Continuing infringement

Continuous offenses are those that last over time (e.g. theft concealment, illegal carrying of weapons, abandonment of family, non-presentation of a child, narcotics possession...)

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

Example :

Driving without a license is an ongoing criminal offense. The limitation period is 6 years old. This period shall begin to run from the day on which the driver is stopped by the security forces.

Theft concealment is an ongoing offense. You're a stolen goods storekeeper from the time you hold the stolen item until you separate. In this example, the limitation period begins to run from the day on which the perpetrator separated from the object of the theft.

Concealed or covert crime

Certain offenses cannot be discovered when the facts are committed. In that case, we're talking covert or concealed offense.

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 if the perpetrator has organized to prevent its discovery (crime of tax evasion).

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. 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.

There is a maximum time limit for filing a complaint or for the public prosecutor prosecute, in the event of an infringement occult or concealed. This period may not exceed 30 years for a crime and 12 years for an offense, starting from the commission of the facts.

FYI  

in the case of an offense committed against a vulnerable person (illness, age...), there is no deferral from the starting point of the limitation period.

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.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you are from the Department of Justice.

    Cost: free service

    Service available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m
    • Lundi : de 08h30 à 17h30
    • Mardi : de 08h30 à 12h15
    • Mercredi : de 08h30 à 12h15
    • Jeudi : de 08h30 à 17h30
    • Vendredi : de 13h00 à 16h15

    Request a call

  • Lawyer

FAQ