Statutes of Limitations for Prosecution in Tilburg
In Tilburg, the statute of limitations for prosecution determines how long the Public Prosecution Service (PPS) may pursue a criminal offense. After the statutory period expires, no one can be prosecuted, even with new evidence. This protects Tilburg residents from prolonged uncertainty and provides legal certainty, for example in cases heard at the District Court of Zeeland-West-Brabant in Breda.
Legal Basis
The statutes of limitations for prosecution are set out in Title XXII of the Criminal Code (Sr), particularly Article 91 Sr. These rules distinguish between crimes and infractions and base the duration on the maximum penalty. They ensure that old incidents in Tilburg are closed, providing clarity for victims and suspects.
Important: the limitation period for prosecution (Art. 91 Sr) differs from the limitation period for enforcement of sentences (Art. 70 et seq. Sr). This article focuses on the point at which the PPS can no longer issue a summons. For more information, see our article on Limitation Periods in Criminal Law.
Overview of Limitation Periods
The duration depends on the maximum penalty for the offense. Here's a handy overview:
| Maximum Penalty for Crime | Limitation Period for Prosecution | Legal Basis |
|---|---|---|
| Life imprisonment or more than 12 years | 20 years | Art. 91(1)(a) Sr |
| More than 8 to 12 years | 15 years | Art. 91(1)(b) Sr |
| More than 6 to 8 years | 12 years | Art. 91(1)(c) Sr |
| More than 3 to 6 years | 8 years | Art. 91(1)(d) Sr |
| More than 1 to 3 years | 6 years | Art. 91(1)(e) Sr |
| More than 6 months to 1 year | 3 years | Art. 91(1)(f) Sr |
| Infractions | 6 months | Art. 91(2) Sr |
Note: where multiple offenses are involved, the longest period applies.
When Does the Period Start?
The limitation period begins the day after the offense was committed (Art. 92 Sr). For continuing offenses, such as repeated nuisance in Tilburg neighborhoods, it runs from the end.
- Example: Theft on January 1, 2020 in Tilburg (max. 4 years penalty, so 6-year period) expires on January 2, 2026.
- For murder (20 years): offense on January 1, 2000 expires on January 2, 2020.
Suspension and Interruption
The period is suspended (suspension) or reset (interruption) by PPS actions (Art. 93-95 Sr):
- Suspension: Via summons or PPS notice; restarts after proceedings.
- Interruption: New similar offense, or for juveniles after turning 18.
As a Tilburg resident, you can invoke the limitation period before the court (Art. 96 Sr); the court will check it automatically.
Practice in Tilburg
Example 1: Traffic infraction. Speeding on Ringbaan West on January 1, 2024 (infraction, 6 months). PPS must issue summons before July 2, 2024 via District Court of Zeeland-West-Brabant. Fines often come quickly, but disputes can take longer.
Example 2: Robbery with violence (max. 9 years, 15-year period). Occurs January 1, 2010 in central Tilburg. Without action, expires January 2, 2025. Summons in 2020 suspends the clock.
Example 3: Assault (max. 8 years, 12-year period). Complaint in 2023 about 2015 incident in a Tilburg neighborhood. Not yet expired? Court may order dismissal.
Rights and Obligations
Suspects' rights:
- Invoke limitation period to halt proceedings.
- No prosecution after period, even with confession.
- Fair trial with period check at District Court of Zeeland-West-Brabant.
PPS obligations:
- Prosecute in time.
- Correct period calculation.
- Inform victims (Art. 51f CCP).
Victims: Urge PPS, but cannot prevent limitation.
Frequently Asked Questions
Can the period be extended in Tilburg?
No, strict statutory limits. Only suspension resets it.
New evidence after limitation?
No prosecution possible. Protection against uncertainty remains.
Does this apply to war crimes?
No, they do not expire (Art. 91(3) Sr).
Must I raise the limitation myself?
Court checks automatically, but mention it at Legal Aid Office Tilburg.
Tips for Tilburg Residents
- Check the period: Find the date of offense and calculate. Try our calculation tool.
- Seek help: For complex cases, go to Legal Aid Office Tilburg or a local criminal lawyer. They know the practice at District Court of Zeeland-West-Brabant.
- Check Municipality of Tilburg: Local infractions like parking fines have short periods.