Statutes of Limitations for Prosecution at the District Court of Den Haag
In Den Haag, the statute of limitations determines how long the Public Prosecution Service (OM) may prosecute a criminal offense before the District Court of Den Haag. Once the statutory period expires, no one can be prosecuted, even with new evidence. This protects suspects in the region from prolonged uncertainty and ensures legal stability for residents of Den Haag.
Legal Basis in Den Haag
The statutes of limitations for prosecution are set out in Title XXII of the Criminal Code (Sr), particularly Article 91 Sr. These rules tie the duration to the maximum penalty and apply to cases at the District Court of Den Haag. They help close old files and provide clarity for victims and suspects in the hofstad.
Important: the statute of limitations for prosecution (Art. 91 Sr) differs from that for enforcement of sentences (Art. 70 et seq. Sr). This article focuses on prosecution itself, i.e., when the OM can no longer issue a summons. More info? Check our article on Statutes of Limitations in Criminal Law.
Overview of Statutes of Limitations for Cases in Den Haag
The periods depend on the maximum penalty. Here's a handy overview:
| Maximum Penalty of Offense | Statute of Limitations 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 |
| Violations | 6 months | Art. 91(2) Sr |
Note: for multiple offenses, the longest period applies, which is relevant for complex cases in Den Haag.
When Does the Period Start in Den Haag?
The statute of limitations period runs from the day after the offense was committed (Art. 92 Sr). For continuing offenses, such as domestic violence in Den Haag neighborhoods, it starts from the end.
- Example: Theft in central Den Haag on January 1, 2020 (max. 4 years penalty, 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 at the District Court of Den Haag
The period is suspended (suspension) or restarted (interruption) by certain actions (Arts. 93-95 Sr):
- Suspension: Summons or OM notice; the period restarts after proceedings at the District Court of Den Haag.
- Interruption: New similar offense, or for juveniles after age 18.
As a suspect, you can invoke the statute of limitations before the judge (Art. 96 Sr); the District Court of Den Haag will review it automatically.
Practical Examples from Den Haag
Example 1: Traffic violation. Speeding on Laan van Wateringse Veld on January 1, 2024 (violation, 6 months). The OM must act by July 2, 2024, or it expires. The Municipality of Den Haag sends fines quickly, but disputes go to the subdistrict court.
Example 2: Robbery (max. 9 years, 15-year period). In Zeeheldenkwartier on January 1, 2010. Without action, it expires on January 2, 2025; a 2020 summons suspends it.
Example 3: Aggravated assault (max. 8 years, 12-year period). Complaint in 2023 about an incident in Schilderswijk from 2015. Not yet expired? Prosecution at District Court of Den Haag; otherwise, dismissal.
Rights and Obligations in the Den Haag Context
Suspects' rights:
- Invoke statute of limitations at District Court of Den Haag.
- No prosecution after expiry, even with confession.
- Fair trial with period check.
OM obligations:
- Prosecute in time.
- Calculate period correctly.
- Inform victims (Art. 51f CCP).
Victims: Urge the OM, but they cannot prevent expiry.
FAQs for Den Haag
Can the period be extended?
No, strictly statutory. Suspension only restarts it.
New evidence after expiry?
No prosecution possible; it protects legal certainty.
Do war crimes expire?
No (Art. 91(3) Sr, treaties).
Must I raise the statute myself?
The judge reviews it, but mention it at District Court of Den Haag.
Tips for Residents of Den Haag
- Check the period: Obtain the date of offense and calculate using our calculator tool.
- Seek advice: Visit Juridisch Loket Den Haag for free help with suspensions or old cases. They refer to local lawyers.
- Local: Municipality of Den Haag violations often have shorter periods; contact the office directly.