The limitation period for a crime (prescripción del delito) is the passage of time that prevents it from being prosecuted. Under Article 131 of the Criminal Code (Código Penal, CP), crimes become time-barred after 20, 15, 10 or 5 years depending on the maximum penalty provided for, and minor crimes and defamation offences (injurias y calumnias) after one year. Some especially serious crimes, such as genocide or terrorism resulting in death, are never time-barred.
Knowing whether an offence is time-barred is decisive both if you are accused of something that happened years ago and if you are a victim wondering whether you can still report it.
What the limitation period for a crime is
It is one of the grounds on which criminal liability is extinguished (Art. 130 CP). If the statutory period has elapsed without proceedings being brought against the person responsible, that person can no longer be tried or convicted for that act. It is based on legal certainty and on the fact that, over the years, evidence deteriorates and punishment loses its purpose.
It should not be confused with the limitation period for the sentence (prescripción de la pena), which applies when there is already a final conviction that has not been served (we look at this below).
Limitation periods (Art. 131 CP)
| Maximum penalty for the crime | Time-barred after |
|---|---|
| Imprisonment of 15 years or more | 20 years |
| Disqualification of more than 10 years, or imprisonment of more than 10 and less than 15 years | 15 years |
| Imprisonment or disqualification of more than 5 years and up to 10 | 10 years |
| All other crimes | 5 years |
| Minor crimes and defamation offences (insult, libel and slander) | 1 year |
The reference point is the maximum penalty laid down by law for the crime, not the penalty that would ultimately be sought or imposed. If the penalty is composite, the one requiring the longest period applies, and if there are several connected crimes, the period for the most serious one applies (Art. 131.2 and 4).
Crimes that are never time-barred
The following are never time-barred (Art. 131.3):
- Crimes against humanity and genocide.
- Crimes against protected persons and property in the event of armed conflict, except those under Article 614.
- Terrorism offences that have caused a person’s death.
When the period starts to run
As a general rule, from the day the crime was committed (Art. 132.1). There are important exceptions:
- Continuing offence (delito continuado): from the last offence.
- Ongoing offence (delito permanente, for example unlawful detention): from when the unlawful situation ends.
- Offences requiring habitual conduct: from when the conduct ends.
- Victims who are minors: for offences of bodily harm, against freedom, moral integrity, privacy or the home, among others, the period starts when the victim turns 18.
- For attempted homicide, the injuries under Articles 149 and 150, habitual abuse, offences against sexual freedom and human trafficking, if the victim was a minor, the period starts to run when the victim turns 35 (reform introduced by Organic Act 8/2021).
When the limitation period is interrupted
The limitation period is interrupted, and the time elapsed ceases to count, when proceedings are brought against the person allegedly responsible (Art. 132.2). This happens when a judge issues a reasoned decision attributing to them involvement in the facts, for example by summoning them as a suspect (investigado).
Simply filing a complaint or private criminal complaint (denuncia o querella) with the court against a specific person suspends the running of time for a maximum of six months. If within that time the judge issues one of those decisions, the interruption is deemed to have occurred on the date of the complaint; if the judge refuses to admit it or does not decide, the period continues to run as if nothing had happened.
If the proceedings come to a standstill or end without a conviction, the period starts again from zero.
The limitation period for the sentence
Where there is already a final judgment, it is the unserved sentence that becomes time-barred (Art. 133): after 30 years for prison sentences of more than 20 years; after 25 years for those of 15 to 20; after 20 years for disqualification of more than 10 years and imprisonment of more than 10 and less than 15; after 15 years for disqualification of more than 6 and up to 10 years and imprisonment of more than 5 and up to 10; after 10 years for all other serious penalties; after 5 years for less serious penalties, and after one year for minor penalties. The period runs from the date the judgment became final or from when the sentence was breached (Art. 134).
What happens when a crime is time-barred
The limitation period can be raised at any stage of the proceedings and the judge must apply it even of their own motion. If it is confirmed, the case is dismissed or a judgment of acquittal is delivered. It does not give rise to a criminal record.
The criminal limitation period does not always rule out a claim for damages: depending on the case, there may be a civil route with its own time limits, which should be reviewed with a lawyer.
If you have been summoned in connection with events that happened long ago, analysing the limitation period is one of the first steps in your defence; we can help if you receive a summons as a suspect. If you are a victim, do not wait: the sooner you report it and join the proceedings as a private prosecutor (acusación particular), the lower the risk of the period running out. And remember that insult, libel and slander become time-barred after just one year; see defamation, libel and slander.
Frequently asked questions
Can a time-barred crime be reopened?
No. Once time-barred, criminal liability is extinguished. The only crimes that can be prosecuted without any time limit are those that are never time-barred under Article 131.3.
Can I report something that happened many years ago?
It depends on the crime and the penalty provided for. For example, a crime punishable by up to five years generally becomes time-barred after five years. If the victim was a minor, the period may start much later. It needs to be reviewed case by case.
Does a criminal record also become time-barred?
A criminal record is not time-barred; it is expunged, under different time limits (Art. 136 CP). We explain this in removing a criminal record.
If you want to know whether certain events are time-barred, whether you are a suspect or a victim, call us on 607 449 491. We will review the dates and the case file and explain your situation.
