Statutes of Limitations for Prosecution at Rotterdam District Court
In Rotterdam, the statute of limitations determines how long the Public Prosecutor's Office (PPO) may prosecute a criminal offense before the Rotterdam District Court. Once the statutory period expires, no one can be prosecuted—not even with new evidence. This protects Rotterdam residents from prolonged uncertainty and ensures legal stability in the port city.
Legal Basis in Rotterdam
The statutes of limitations for prosecution are set out in Title XXII of the Criminal Code (Sr), particularly Article 91 Sr. The Rotterdam District Court applies these rules to local crimes and offenses, based on the maximum penalty. This provides victims and suspects in Rotterdam with prompt clarity on old cases.
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 the point at which the PPO can no longer issue a summons to the Rotterdam District Court. For more information, see our article on Limitation Periods in Criminal Law.
Overview of Statutes of Limitations
The duration depends on the maximum penalty. Here's a handy overview:
| Maximum Penalty for Offense | Statute of Limitations for Prosecution | Statutory Basis |
|---|---|---|
| Life imprisonment or more than 12 years | 20 years | Art. 91(1)(a) Sr |
| More than 8 years up to 12 years | 15 years | Art. 91(1)(b) Sr |
| More than 6 years up to 8 years | 12 years | Art. 91(1)(c) Sr |
| More than 3 years up to 6 years | 8 years | Art. 91(1)(d) Sr |
| More than 1 year up to 3 years | 6 years | Art. 91(1)(e) Sr |
| More than 6 months up to 1 year | 3 years | Art. 91(1)(f) Sr |
| Offenses (overtredingen) | 6 months | Art. 91(2) Sr |
Note: For multiple offenses, the longest period applies, as is common in Rotterdam port or street crimes.
When Does the Period Start in Rotterdam?
The statute of limitations begins on the day after the offense was committed (Art. 92 Sr). For continuing offenses, such as domestic violence in Rotterdam-South, it starts only after the offense ends.
- Hypothetical example: Theft on January 1, 2020, in Rotterdam Centrum (max. 4-year 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 Rotterdam District Court
The period is temporarily suspended (suspension) or reset (interruption) by PPO actions (Art. 93-95 Sr):
- Suspension: Via summons or PPO notice to the Rotterdam District Court; it resumes after the proceedings end.
- Interruption: New identical offense, or for juveniles under 18, upon reaching adulthood.
As a suspect in Rotterdam, you can invoke the statute of limitations before the judge (Art. 96 Sr); the court will check it automatically.
Practical Examples from Rotterdam
Example 1: Traffic offense. Speeding on the A20 near Rotterdam on January 1, 2024 (offense, 6-month period). The PPO must issue a summons via the Rotterdam District Court by July 2, 2024, or it expires. Fines often come quickly, but traffic jams and checks can delay things.
Example 2: Robbery (max. 9 years, 15-year period). Incident on January 1, 2010, in Rotterdam-West. Without action, it expires on January 2, 2025. A 2020 PPO summons suspends the clock.
Example 3: Aggravated assault (max. 8 years, 12-year period). Victim reports a 2015 fight to Rotterdam police in 2023. If not expired, prosecution proceeds; otherwise, the court dismisses it.
Rights and Obligations in Rotterdam
Suspects' rights:
- Invoke statute of limitations at Rotterdam District Court.
- No prosecution after the period, even with a confession.
- Fair trial with limitation period review.
PPO obligations:
- Prosecute in time before Rotterdam District Court.
- Correct period calculation and notification.
- Inform victims (Art. 51f CCP).
Victims: Urge the PPO, but don't prevent expiration. Contact Victim Support via Rotterdam Municipality.
Frequently Asked Questions
Can the period be extended?
No, strict statutory limits. Suspension only resets it.
New evidence after expiration?
No prosecution possible. Protection against uncertainty remains.
Statute of limitations for war crimes?
No, genocide does not expire (Art. 91(3) Sr).
Should you raise the statute yourself?
The judge checks automatically, but mention it as a suspect.
Tips for Rotterdam Residents
- Check the period: Obtain the offense date and calculate using our calculator tool.
- Seek help: For complex cases, contact Rotterdam Legal Aid Desk or a local lawyer. They know the practice at Rotterdam District Court.
- Police/Municipality: Report to Rotterdam Municipality for victim support.