When does a criminal offense expire?

The short answer

The statute of limitations depends on the severity of the criminal offense. Misdemeanors (such as minor traffic offenses) expire after 3 years. Crimes usually expire after 12 years, but for more serious sentences this increases to 20 or 30 years. Crimes punishable by life imprisonment, such as murder, never expire. The term starts to run from the moment the act was committed.

What does the law say?

The statutes of limitations are described in the Code of Criminal Procedure. The distinction is made between misdemeanors and crimes, with crimes being punished more severely. The law also determines when the statute of limitations is interrupted (temporarily stopped) by, for example, a summons. In the event of interruption, the statute of limitations starts running again.

What should you keep in mind?

The statute of limitations is automatically interrupted by investigative actions or prosecution by the Public Prosecution Service. This means that the term starts running again. Also, for certain sex offenses against minors, the statute of limitations only starts to run when the victim becomes an adult. Note that the statute of limitations is a legal defense that must be actively invoked.

Practical example

Suppose you run a red light in 2020 and get caught by a camera, but you don't hear anything about it. After 3 years (in 2023), this misdemeanor has expired and the Public Prosecution Service can no longer prosecute you. It is different with, for example, a burglary from 2015. This crime only expires after 12 years, so prosecution can still take place until 2027. If the Public Prosecution Service issues a summons in 2025, this interrupts the statute of limitations and the term starts running again.

What can you do?

If you think a case against you has expired, you must actively raise this as a defense. It is wise to seek legal assistance to determine the precise statute of limitations.