If an offence is not prosecuted within its limitation period, it can no longer be punished. These are the periods and the rules for calculating them.
Limitation extinguishes criminal liability through the passage of time: if the offence is not prosecuted within its period, it can no longer be punished. It is one of the most frequent enquiries at the firm and one of the most effective defences when the proceedings arrive late. These are the periods of the Criminal Code and the rules for calculating them.
Limitation periods for offences (Article 131 CP)
20 years: offences with a maximum prison sentence of 15 years or more. 15 years: maximum penalty of disqualification for more than 10 years, or imprisonment for more than 10 and less than 15 years. 10 years: maximum penalty of imprisonment or disqualification for more than 5 years and not exceeding 10. 5 years: all other offences, except minor offences and offences of insult and slander. 1 year: minor offences and offences of insult and slander. Crimes against humanity, genocide, offences against persons and property protected in the event of armed conflict and terrorist offences that have caused a person’s death are never time-barred.
From when does the period run? (Article 132 CP)
General rule: from the day the offence is committed. Continuing offence: from the day the last infringement was carried out. Permanent offences: from when the unlawful situation was removed. Victims who are minors in serious offences (attempted homicide, serious injuries, trafficking, offences against sexual freedom and others): the period runs from when the victim turns 35 (reform by Organic Law 8/2021).
What interrupts limitation
The period is interrupted, and the time elapsed is set at nought, when the proceedings are directed against the person presumed responsible by means of a reasoned judicial decision. The mere filing of a complaint or querella suspends the count for a maximum of 6 months: if within that period a judicial decision is issued against the suspect, the interruption is backdated to the filing date; if not, the clock keeps running.
Limitation of the offence and limitation of the sentence
They are different things. The above refers to the offence not yet tried. If there is already a final judgment, what becomes time-barred is the sentence (Article 133 CP), with its own periods ranging from 1 to 30 years depending on its seriousness. Limitation should also not be confused with the expungement of criminal records, which has its own regime.
“Quasi-limitation” as a mitigating circumstance
When the complaint arrives at the edge of the period and the process is also delayed, the case law accepts in certain cases an analogous mitigating circumstance of quasi-limitation, alongside the classic mitigating circumstance of undue delay.
Quick questions
When does fraud become time-barred? It depends on the penalty: basic fraud (penalty of up to 3 years) is time-barred after 5 years; aggravated forms with penalties of up to 6 years, after 10 years.
When does a minor offence become time-barred? One year after its commission, the same as insult and slander.
Can the investigation last longer than the limitation period? Yes. Once limitation has been interrupted by directing the proceedings against the suspect, the process runs its course; undue delay would come into play, where appropriate.
Related: the criminal process step by step, guide to the Spanish Criminal Code and consultations and 24-hour emergencies.
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Frequently asked questions
When does fraud become time-barred?
It depends on the penalty: basic fraud (penalty of up to 3 years) is time-barred after 5 years; aggravated forms with penalties of up to 6 years, after 10 years.
When does a minor offence become time-barred?
One year after its commission, the same as insult and slander.
Can the investigation last longer than the limitation period?
Yes. Once limitation has been interrupted by directing the proceedings against the suspect, the process runs its course; undue delay would come into play, where appropriate.
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 →
