The passage of time can extinguish criminal liability: this is the statute of limitations for the offence. Knowing whether an offence may be time-barred is often the first line of defence. This guide summarises the time limits and their rules.
What limitation is
Limitation (arts. 130 and 131 of the Criminal Code) extinguishes criminal liability when a certain period elapses without proceedings being effectively directed against the person responsible. Its basis is legal certainty and the loss of purpose of punishment over time.
Time limits according to seriousness (art. 131)
As a guide: 20 years for prison sentences of 15 years or more; 15 years for sentences of 10 to 15 years; 10 years for sentences of more than 5 and up to 10 years; 5 years for other offences; and 1 year for minor offences. The period is determined by the maximum sentence attached to the offence.
When the clock starts (art. 132)
The period runs from the day the offence was committed. For continuing or ongoing offences, from when the conduct ceased. In certain offences against minors, the period does not begin until the victim reaches a certain age, in order to protect them.
What interrupts limitation
Limitation is interrupted when the proceedings are directed against the person prima facie responsible by means of a reasoned judicial decision. A mere complaint or querella, without relevant judicial action, does not always interrupt it: the case law is demanding on this point.
Offences that never become time-barred
Crimes against humanity, genocide, crimes against persons and property protected in armed conflict, and terrorism offences resulting in death are not subject to limitation.
Limitation of the offence and of the sentence
A distinction must be drawn between limitation of the offence (before conviction) and limitation of the sentence already imposed (art. 133), which has its own time limits and rules.
Frequently asked questions
Is it applied by the court of its own motion? Yes, the court must apply it even if not raised, but it is advisable to invoke and prove it. Does it run from the complaint? No: from the commission of the act, and it is interrupted by judicial action directed against the person responsible. Can I find out whether my case is time-barred? A criminal lawyer can assess it by analysing dates and procedural steps.
Are you in this situation? Do not make any statement or take decisions without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
