Statute of limitations in Spain. Analysis and further challenges

  • Lorena Bachmaier Winter

Abstract

The reasons that justify that the State will not prosecute a criminal offence after a certain time has lapsed since it was committed, is subject to ongoing discussions, ranging from those that consider it inappropriate to the position that affirms that it would be against constitutional principles no to establish time limits for starting the prosecution and even for enforcing the penalty already imposed. Beyond all these debates around the raison d'être of the rules on the statute of limitations, the issues related to the length of the timeframes, the interruption of the period of limitations and the actions that cause such interruption, have an undeniable relevance in practice. This chapter seeks to provide a brief overview on the rules on the statute of limitations of criminal offences and penalties in the Spanish legal system, underlying its most salient features and the problems presented in its practical implementation.

Published
Jan 18, 2022
How to Cite
BACHMAIER WINTER, Lorena. Statute of limitations in Spain. Analysis and further challenges. DPCE Online, [S.l.], v. 49, n. 4, jan. 2022. ISSN 2037-6677. Available at: <http://www.dpceonline.it/index.php/dpceonline/article/view/1450>. Date accessed: 23 may 2022.
Citation Formats
Section
Sezione Monografica