Applications
Common law legal systems can include a statute specifying the length of time within which a claimant or prosecutor must file a case. In some civil jurisdictions (e.g.,Purpose
The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment: * A plaintiff with a valid cause of action should pursue it with reasonable diligence. * By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim. * Litigation of a long-dormant claim may result in more cruelty than justice. In Classical Athens, a five-year statute of limitations was established for almost all cases, exceptions being such as the prosecution of non-constitutional laws (which had no limitation). Demosthenes wrote that these statutes of limitations were adopted to control " sycophants" (professional accusers). The limitation period generally begins when the plaintiff's cause of action accrues, meaning the date upon which the plaintiff is first able to maintain the cause of action in court, or when the plaintiff first becomes aware of a previous injury (for example, occupational lung diseases such as asbestosis).Statute of repose
A statute of repose limits the time within which an action may be brought based upon when a particular event occurred (such as the completion of construction of a building or the date of purchase of manufactured goods), and does not permit extensions. A statute of limitations is similar to a statute of repose, but may be extended for a variety of reasons (such as the minority of the victim). For example, most U.S. jurisdictions have passed statutes of repose for construction defects. If a person receives an electric shock due to a wiring defect that resulted from the builder's negligence during construction of a building, the builder is potentially liable for damages if the suit is brought within the time period defined by the statute, normally starting with the date that construction is substantially completed. After the statutory time period has passed, without regard to the nature or degree of the builder's negligence or misconduct, the statute of repose presents an absolute defense to the claim. Statutes of repose are sometimes controversial; manufacturers contend that they are necessary to avoid unfair litigation and encourage consumers to maintain their property. Alternatively, consumer advocates argue that they reduce incentives to manufacture durable products and disproportionately affect the poor, because manufacturers will have less incentive to ensure low-cost or "bargain" products are manufactured to exacting safety standards.Tolling and the discovery rule
Many jurisdictions toll or suspend the limitation period in exceptional circumstances such as if the aggrieved person ( plaintiff,Prescription
In civil law countries, almost all lawsuits must be brought within a legally-determined period at the end of which the right of action is extinguished. This is known as liberative or extinctive prescription. Under Italian and Romanian law, criminal trials must be ended within a time limit. In criminal cases, the public prosecutor must lay charges within a time limit which varies by jurisdiction and varies based on the nature of the charge, whose directives vary from country to country. Over the last decade of the 20th century, many United States jurisdictions significantly lengthened the statute of limitations for sex offenses, particularly against children, as a response to research and popular belief that a variety of causes can delay the recognition and reporting of crimes of this nature. Common triggers for suspending the prescription include a defendant's fugitive status or the commission of a new crime. In some jurisdictions, a criminal may be convicted ''in absentia''. Prescription should not be confused with the need to prosecute within " a reasonable delay" as obligated by theLaws by region
International crimes
UnderAustralia
In Australia, the statutes of limitation are prescribed separately by each state or territory jurisdiction for civil matters. In criminal proceedings, if the maximum penalty that can be imposed for an offence committed by an individual includes imprisonment for more than 6 months, there is no limitation period.Victoria
The Limitations Act of 1958 allows 12 years for victims of child abuse to make a claim, with age 37 the latest at which a claim can be made. The police submitted evidence to a commission, the Victorian Inquiry into Church and Institutional Child Abuse (in existence since 2012) indicating that it takes an average of 24 years for a victims of child sexual abuse to go to the police. According to Attorney General Robert Clark, the government will remove statutes of limitations on criminal child abuse; victims of violent crime should be given additional time, as adults, to deal with the legal system. Offenders of minors and the disabled have used the statute of limitations to avoid detection and prosecution, moving from state to state and country to country; an example which was presented to the Victorian Inquiry was the Christian Brothers. An argument for abolishing statutes of limitations for civil claims by minors and people under guardianship is ensuring that abuse of vulnerable people would be acknowledged by lawyers, police, organisations and governments, with enforceable penalties for organisations which have turned a blind eye in the past. Support groups such as SNAP Australia, Care Leavers Australia Network and Broken Rites have submitted evidence to the Victoria inquiry, and the Law Institute of Victoria has advocated changes to the statute of limitations.Canada
Finland
In Finland, the authority of a prosecuting official to bring charges for a crime expires after a set period of time has passed since the act. This period is 20, 10, 5, or 2, years depending on the seriousness of the offence. Offences punishable with life imprisonment, such as murder and treason, do not expire. Sexual offences committed against minors do not expire before the victim reaches 23 or 28 years of age, depending on the nature of the offence.Germany
In Germany, the statute of limitations on crimes varies by type of crime, with the highest statute of limitation being 30 years for voluntary manslaughter (). Murder, genocide, crimes against humanity, war crimes and the crime of aggression have no statute of limitations. In Germany, the crime of murder used to have a 20 year statute of limitations. In 1969, the statute of limitations for murder was extended from twenty to 30 years. The limitations were abolished altogether in 1979, in order to prevent Nazi criminals from avoiding criminal liability. For most other criminal offences, the statute of limitations is set by Section 78(3) of the Criminal Code () as follows: * 30 years for offences which are punishable by a maximum term of imprisonment for life; * 20 years for offences which are punishable by a maximum term of imprisonment of over 10 years but not by imprisonment for life; * 10 years for offences which are punishable by a maximum term of imprisonment of over 5 years but no more than 10 years; * 5 years for offences which are punishable by a maximum term of imprisonment of over 1 year but no more than 5 years; * 3 years for all other offences. In the civil code (), the regular statute of limitations is three years (plus the time until the end of the calendar year); however, different terms between two and thirty years may apply in specific situations. For example, the term is only two years for claims for alleged defects of purchased goods, but 30 years for claims resulting from a court judgement (such as awarded damages).India
The statute of limitations in India is defined by the Limitations Act, 1963. The statute of limitations for criminal offences is governed by Sec. 468 of the Criminal Procedure Code.Ireland
New Zealand
The statutes of limitations in New Zealand are defined by section 25 of the Criminal Procedure Act 2011. For offences committed by body corporates, the statutes of limitation are determined as if they were a natural person. The limits are as follows: * 6 months for offences which are punishable by a maximum of 3 months imprisonment or a $7,500 fine. * 12 months for offences which are punishable by a maximum of 6 months imprisonment or a $20,000 fine. * 5 years for offences which are punishable by a maximum of 3 years imprisonment, although this can be extended with the consent of the Solicitor-General. * No limit for offences which are punishable by more than 3 years imprisonment.Norway
The statute of limitations on murder was abolished by a change in law on 1 July 2014, causing any murders committed after 1 July 1989 to have no statute of limitations. This led to the national police force implementing a new investigation group for old cases called the "Cold Case" group. The law was also changed to let cases involving domestic violence, forced marriage, human trafficking and genital mutilation to count from the day the defendant turns 18 years old. Cases where the statute of limitations has already passed can not be extended due to the constitution preventing it.Philippines
In the Philippines, the Revised Penal Code has different limitation periods, based on the penalty of the crime: * '' Reclusión perpetua'' or ''reclusión temporal'' (imprisonment of 12 years and 1 day to 40 years): 20 years * Other afflictive penalties (imprisonment of 6 years and 1 day to 12 years): 15 years * Correctional penalties: 10 years, except: ** ''Arresto mayor'' (imprisonment of 1 month and 1 day to 6 months): 5 years ** Libel and other similar offenses: 1 year ** Oral defamation and slander: 6 months * Light penalties (imprisonment of 1 day to 30 days): 2 months Other special laws have their own limitation periods. For crimes punished under the Revised Penal Code, the limitation period won't run if the offender is outside the Philippines, while for those punished under other laws, it does. Municipal ordinances have a limitation period of 2 months.South Korea
In July 2015, the National Assembly abolished a 25-year limit on first degree murder; it had previously been extended from 15 to 25 years in December 2007.Turkey
Turkish Code of Obligations sets the general limitation period to ten years, which applies where the law does not provide a specific limitation period. There is no statute of limitations for sexual offenses committed against minors, however, under both the Turkish Penal Code (article 99) and Turkish Civil Code (Law No. 2827).United Kingdom
Unlike many countries, the United Kingdom has no statute of limitations for criminal offences above summary offences (offences tried exclusively in the magistrates’ court). In these cases, criminal proceedings must be brought within six months according to the Magistrates' Courts Act 1980. To obtain a conviction in "some road traffic offences" (i.e., speeding) the driver must be notified, within 14 days of the offence, of the intention to prosecute them according to the Road Traffic Offenders Act 1988. For civil claims, the statue of limitations varies depending on the type of claim. For example, a claim (debt) from a simple contract can no longer be pursued after six years.United States
In the United States, statutes of limitations may apply in criminal procedures and civil lawsuits. Statutes of limitations vary significantly among U.S. jurisdictions. A government agency is permitted by theRetroactive extensions
The U.S. Supreme Court held in '' Stogner v. California'' (by a 5–4 majority) thatCivil statutes
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the charge. The exact time period depends on both the state and the type of claim (contract claim, personal injury, fraud etc.). Most fall in the range of one to ten years, with two to three years being most common.Criminal statutes
A criminal statute of limitations defines a time period during which charges must be initiated for a criminal offense. If a charge is filed after the statute of limitations expires, the defendant may obtain dismissal of the charge.=Initiation of charges
= The statute of limitations in a criminal case only runs until a criminal charge is filed and a warrant issued, even if the defendant is a fugitive. When the identity of a defendant is not known, some jurisdictions provide mechanisms to initiate charges and thus stop the statute of limitations from running. For example, some states allow an indictment of a=Heinous crimes
= Crimes which are widely considered heinous have no statute of limitations. Although there is usually no statute of limitations for murder (particularly=Military law
= Under the U.S. Uniform Code of Military Justice (UCMJ), desertion has no statute of limitations. Maritime Injury Law Unde=State laws
=Exceptions
U.S. jurisdictions recognize exceptions to statutes of limitation that may allow for the prosecution of a crime or civil lawsuit even after the statute of limitations would otherwise have expired. Some states stop the clock for a suspect who is not residing within the state or is purposely hiding. Kentucky, North Carolina, and South Carolina have no statutes of limitation for felonies, while Wyoming includes misdemeanors as well. However, the right to speedy trial may derail any prosecution after many years have passed.=Fraud on the court
= When an=Continuing-violations doctrine
= In tort law, if any person or entity commits a series of illegal acts against another person or entity (or in criminal law if a defendant commits a continuing crime) the limitation period may begin to run from the last act in the series. The entire chain of events can be tolled if the violations were continuing. Courts have explained that the continuing-violations doctrine "tolls the statute of limitations in situations where a continuing pattern forms due to discriminatory acts which have been occurring over a period of time, as long as at least one incident of discrimination occurred within the limitations period." Whether the continuing-violations doctrine applies to a particular violation is subject to judicial discretion; it was said to apply toSee also
* Adverse possession *Notes
References
{{DEFAULTSORT:Statute Of Limitations Civil procedure Criminal procedure Statutory law