Statutes of Limitations for Prosecution in Delft
In Delft, the limitation period for prosecution determines how long the Public Prosecution Service (OM) may pursue a criminal offense. After this period expires, no one in the region, including residents of Delft, can be prosecuted, even with new evidence. This safeguards protection for residents and provides certainty, for example in cases handled by the District Court of The Hague.
Legal Basis for Residents of Delft
The limitation periods are laid down in Title XXII of the Criminal Code (Sr), particularly Article 91 Sr. These rules distinguish between crimes and offenses and base the duration on the maximum penalty. They help close old case files in Delft and provide clarity for victims and suspects. Note: prosecution limitation (art. 91 Sr) differs from enforcement limitation (arts. 70 et seq. Sr). More info? Check our article on Limitation Periods in Criminal Law.
Overview of Limitation Periods
The duration depends on the maximum penalty. Here is a table for cases in Delft:
| 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 |
| Offenses | 6 months | Art. 91(2) Sr |
For compound offenses in Delft, the longest period applies.
When Does the Period Start in Delft?
The period starts the day after the offense was committed (art. 92 Sr). For ongoing situations, such as neighborhood disputes in Delft districts, it starts from the end thereof.
- Example: Bike theft on 1 January 2020 in Delft (max. 4 years penalty, 6-year period) expires on 2 January 2026.
- Murder (20 years): On 1 January 2000, expires 2 January 2020.
Tolling and Interruption
Certain actions toll (pause) or interrupt (reset) the period (arts. 93-95 Sr):
- Tolling: Summons or OM notice; restarts after proceedings at the District Court of The Hague.
- Interruption: New similar offense or for juveniles under 18.
As a resident of Delft, you can invoke limitation before the court (art. 96 Sr); the court will check it automatically.
Practice in Delft
Example 1: Traffic Offense. Speeding on 1 January 2024 near the Markt in Delft (offense, 6 months). The OM must act by 2 July 2024, or it expires. Fines are issued quickly, but municipal complexity in Delft can sometimes delay them.
Example 2: Robbery (max. 9 years, 15-year period). Occurred on 1 January 2010 in the TU Delft area. Without action, it expires on 2 January 2025; a 2020 summons tolls it.
Example 3: Assault (max. 8 years, 12-year period). Complaint in 2023 about a 2015 incident in a Delft neighborhood. Not yet expired? Possible dismissal at the District Court of The Hague.
Rights and Obligations in Delft
Rights of Suspects:
- Invoke limitation.
- No prosecution after the period, even upon confession.
- Fair trial including limitation check.
Obligations of the OM:
- Prosecute in time.
- Calculate the period correctly.
- Inform victims (art. 51f CCP).
Victims: Urge the OM to act, but limitation cannot be stopped.
FAQs for Delft
Can the period be extended?
No, strictly statutory. Tolling only restarts it.
New evidence after expiration?
No prosecution possible; protection stands.
Limitation for war crimes?
No, excluded (art. 91(3) Sr).
Should you raise limitation yourself?
The court checks automatically, but mention it.
Tips for Residents of Delft
- Check the period: Ask for the date of the offense and calculate using our calculator tool.
- Seek help: Visit the Delft Legal Aid Office for advice on tolling. For District Court of The Hague cases, local assistance is crucial via Delft Municipality or specialized services.