A statute of limitations (known as la prescripción de un delito in Spanish) is a legal concept that outlines timeframes within which certain crimes can be prosecuted.
It refers to the extinction or expiry of the state's right to prosecute and punish a crime due to the passage of time.
In other words, when a crime is time limited and that period has passed, the state can no longer take legal action against the alleged perpetrator, even if there is evidence of his or her responsibility.
It's important to note here that in Spain, like many countries, the statute of limitations expiring does not mean that the crime hasn't been committed or that the alleged perpetrator is innocent, but simply that the state can, legally speaking, no longer prosecute.
How long are statutes of limitations in Spain?
Generally speaking, in Spain it depends on the crime. The more serious the offence, the longer the statute of limitations.
According to Spanish legal reference website Conceptos Jurídicos, the statute of limitation periods for a criminal offence vary according to the maximum penalties applicable to it. In Spain they're set out in Article 131.1 of the criminal code.
So, breaking it down: the following maximum sentences have the following statute of limitation periods:
- Offences with a maximum prison sentence of 15 years or more: 20 years.
- Offences with a maximum penalty of more than 10 and less than 15 years: 15 years.
- Offences with a maximum penalty of more than 5 and less than 10 years: 10 years.
- Other offences: 5 years, except for libel, slander and minor offences, for which the statute of limitations is usually just 1 year.
Financial and tax crimes tend to expire after five years in Spain, as do less serious theft offences.
The statute of limitations for sexual crimes varies depend on the severity, from 20 years for the very worst to five years for sexual harassment, for example. The same applies to drug-related crimes, a longer statute of limitations applies to trafficking than for possession, for example.
READ MORE: What are the penalties for drug possession in Spain?
Some crimes don't have a statute of limitations: genocide, acts of terrorism with resulted in death and crimes committed against property and people in situations of protection during armed conflicts.
When the victim of the crime is a minor, the statute of limitations usually only begins when they turn 18. Since 2021, the statute of limitations for sexual crimes against minors only begins when the victim turns 35.
It's important to remember that the statute of limitations for a crime and the of the statute of limitations for the sentence are two different things.
In the first case, it refers to when a criminal process has never been opened, or when it started but was stopped.
The statute of limitations for the sentence, on the other hand, will occur when the sentence has not been fully served, even though there was a trial and sentence.
It's also worth noting that the statute of limitations being met doesn't equate to a criminal record being expunged.
This article is for informative purposes. It is highly advisable that you speak to a lawyer in Spain to better understand the country's statute of limitations and how it applies to your particular case.
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