The Criminal Procedure Act I of April 9 introduces significant reforms to the statute of limitations for criminal claims.
These changes focus on three main points:
1. **Adjust End Point Limitation Periods**:
– The statute of limitations no longer stops at the final disposition of the criminal case, but when the case goes to trial.
– This aligns the statute of limitations more closely with that of civil cases, where the statute of limitations stops once the case is pending before the court.
– The mere fact that an investigation is ongoing or that a case is pending before an investigating court does not stop the statute of limitations.
2. **Appeal of Interruption and Curtailment of Suspension**:
– The old arrangement whereby judicial authorities could start a new statute of limitations by acts of investigation is abolished.
– Suspension of the statute of limitations is now possible only in the case of a legal impediment that prevents investigation or prosecution.
– Ad hoc grounds for suspension have been removed from Article 24, except in specific cases such as negotiations for amicable settlement or criminal mediation.
3. **Extension and Simplification of Statutes of Limitations**:
– The legislature is simplifying the statute of limitations, where the length now depends mainly on the maximum penalty.
– Many statutes of limitations are extended, which puts into perspective the practical impact of abolishing interruption.
– New categories of unpardonable crimes are introduced, such as murder and robbery under certain circumstances that can seriously harm a country or international organization.
New Penalty for Exceeding Reasonable Time Limit.
An important new addition is a sanction for when the reasonable time limit is exceeded.
In addition to sentence reduction and simple guilty plea, the court can now declare the criminal action inadmissible in case of a very serious violation of the reasonable time limit.
This may be the case, for example, in cases of gross negligence on the part of the prosecution.
Effective date and transitional law
The law enters into force on April 28, ten days after its publication in the Belgian Official Gazette.
There is no specific transitional law, which means that all unbarred criminal claims must be treated under the new rules from that date.
These reforms aim to make criminal procedural law more efficient and equitable by making the statute of limitations more consistent with legal practice and ensuring the protection of the rights of data subjects.
Do you have any questions about this article or criminal law in general? Contact Peterfreund & Associates, your criminal law attorney!
