Statutes of Limitations for Prosecution in Amsterdam
In Amsterdam, the statute of limitations determines how long the Public Prosecutor's Office (PPO) may prosecute a criminal offence. After the statutory period expires, no one can be prosecuted, even with new evidence. This protects Amsterdammers from prolonged uncertainty and ensures legal certainty, especially in cases before the Amsterdam District Court.
Legal Basis
The statutes of limitations for prosecution are laid down in Title XXII of the Criminal Code (Sr), primarily Article 91 Sr. These rules distinguish between crimes and violations and base the duration on the maximum penalty. They ensure that old incidents in Amsterdam are closed, providing clarity for victims and suspects.
Important: the statute of limitations for prosecution (art. 91 Sr) differs from the statute of limitations for execution of sentence (art. 70 et seq. Sr). Here, we focus on the point at which the PPO can no longer issue a summons. For more in-depth information, see our article on Statutes of Limitations in Criminal Law.
Overview of the Statutes of Limitations
The duration depends on the maximum penalty. Here is a handy overview for Amsterdam cases:
| Maximum penalty crime | Statute of limitations for prosecution | Legal basis |
|---|---|---|
| Life imprisonment or more than 12 years | 20 years | Art. 91(1)(a) Sr |
| More than 8 years to 12 years | 15 years | Art. 91(1)(b) Sr |
| More than 6 years to 8 years | 12 years | Art. 91(1)(c) Sr |
| More than 3 years to 6 years | 8 years | Art. 91(1)(d) Sr |
| More than 1 year 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 complex facts in Amsterdam, the longest period applies.
When Does the Period Start?
The statute of limitations period starts the day after the commission of the offence (art. 92 Sr). In continuing situations, such as domestic violence in an Amsterdam home, it starts after cessation.
- Example: Theft in Amsterdam City Centre on 1 January 2020 (max. 4 years penalty, 6-year period) expires on 2 January 2026.
- For murder (20 years): offence on 1 January 2000 expires on 2 January 2020.
Suspension and Interruption
The period is temporarily suspended (suspension) or restarted (interruption) by specific actions (art. 93-95 Sr):
- Suspension: Via summons or PPO notice. After the case, the period resumes.
- Interruption: New similar offence, or for juveniles until age 18.
As a suspect in Amsterdam, you can invoke the statute of limitations at the Amsterdam District Court (art. 96 Sr); the judge checks it ex officio.
Practical Examples from Amsterdam
Example 1: Traffic violation. Speeding on the Ring A10 on 1 January 2024 (violation, 6 months). PPO must act before 2 July 2024, otherwise it expires. Municipality of Amsterdam sends fines promptly, but disputes can take longer.
Example 2: Robbery with violence (max. 9 years, 15-year period). Incident in De Pijp on 1 January 2010 expires on 2 January 2025 without action. A summons in 2020 suspends the period.
Example 3: Aggravated assault (max. 8 years, 12-year period). Complaint in 2023 about a fight in Oost from 2015. If not expired, prosecution starts at Amsterdam District Court; otherwise, dismissal.
Rights and Obligations in Amsterdam
Suspects' rights:
- Invoke statute of limitations at Amsterdam District Court.
- No prosecution after the period, even upon confession.
- Fair trial with period check.
PPO's obligations:
- Prosecute in time.
- Correct period calculation.
- Inform victims (art. 51f CCP).
Victims: Urge the PPO, but do not prevent expiration.
Frequently Asked Questions
Can the period be extended?
No, strict statutory limits. Only suspension restarts it.
New evidence after expiration?
No prosecution possible. Protection against uncertainty.
Statute for war crimes?
No, they do not expire (art. 91(3) Sr).
Must I raise it myself?
Judge does it ex officio, but mention it.
Tips for Amsterdammers
- Check the period: Ask for the date of the offence and calculate using our statute of limitations calculator.
- Seek advice: For complex cases, visit the Amsterdam Legal Aid Office or a local criminal lawyer for help with Amsterdam District Court cases.