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

Verified 12 janvier 2024 - 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 shall be 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 offer to a minor via the internet

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

10 years

Incitement to commit an offense against a minor

10 years

Incitement to commit rape for a benefit

10 years

Aggravated sexual assault (committed by several people, by a ascendant ...)

20 years

Sexual assault by violence, coercion, threat or surprise

20 years

Violence aggravated with total incapacity for work for 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 aggravated

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

  • sexual offenses and offenses of serious bodily harm (e.g. murder, serious violence)
  • 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, abandonment of family)
  • Infringements occult or concealed, i.e. those which cannot be discovered on the day of the commission of the facts (e.g. infanticide with the concealment of a corpse).

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 is the day on which the offense (crime, offense, contravention) is committed.

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

The starting point of the limitation period is the majority of the victim.

The minor victim may to lodge a complaint as soon as the offense is committed (she doesn't have to wait until she's a grown-up to do so).

It may also to lodge a complaint as from the date on which he attains the age of majority, for the whole period of limitation.

Example :

For a sexual assault (offense), the victim can file a complaint until the age of 28 (age of majority + limitation period of 10 years).

For a rape (crime), the victim can file a complaint until he or she is 48 years old (age of majority + limitation period of 30 years).

Serious bodily harm

For serious bodily harm (murder, serious violence, torture or barbaric acts), the starting point of the limitation period is the majority of the victim.

The minor victim may to lodge a complaint as soon as the offense is committed (she doesn't have to wait until she's a grown-up to do so).

It may also to lodge a complaint as from the date on which he attains the age of majority, for the whole period of limitation.

Habit violation

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

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

Example :

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).

An offense is concealed whether the author has organized himself to prevent its discovery (e.g. infanticide with concealed corpse).

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. 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.

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.

In the case of rape, sexual assault or sexual assault of a minor, the limitation period may be extended if a similar offense is committed during the expiry of the limitation period. We're talking about sliding prescription.

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

Rolling Prescription: New Offense (Sexual Assault, Sexual Assault or Rape) Committed

The limitation period may be extended if the perpetrator commits a rape against another minor, before the expiry of the limitation period, a new rape or sexual assault or sexual assault. In this case, the limitation period for the initial rape is extended until the date of limitation of the new infringement.

The limitation period may be extended if the perpetrator of a sexual assault or sexual assault commits against another minor, before the expiry of the limitation period, a new sexual assault or sexual assault. In this case, the limitation period for the original infringement shall be extended until the date of limitation of the new infringement.

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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