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Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC article 11 CELEX: 02024L1203-20240430 Limitation periods
1. Member States shall take the necessary measures to provide for a limitation period that enables the investigation, prosecution, trial and adjudication of criminal offences referred to in Articles 3 and 4 for a sufficient period of time after the commission of those criminal offences, in order for those criminal offences to be tackled effectively.
Member States shall take the necessary measures to provide for a limitation period that enables the enforcement of penalties imposed following a final conviction for criminal offences referred to in Articles 3 and 4 for a sufficient period of time after that conviction. 2. The limitation period referred to in paragraph 1, first subparagraph, shall be as follows: (a) at least 10 years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least 10 years; (b) at least five years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least five years; (c) at least three years from the commission of a criminal offence punishable by a maximum term of imprisonment of at least three years. |
Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC article 11 CELEX: 02024L1203-20240430 3. The limitation period referred to in paragraph 1, second subparagraph, shall be as follows: (a) at least 10 years from the date of the final conviction in the following cases: (i) a penalty of imprisonment of more than five years, or alternatively (ii) a penalty of imprisonment for a criminal offence punishable by a maximum term of imprisonment of at least 10 years; (b) at least five years from the date of the final conviction in the following cases: (i) a penalty of imprisonment of more than one year, or alternatively (ii) a penalty of imprisonment for a criminal offence punishable by a maximum term of imprisonment of at least five years; and (c) at least three years from the date of the final conviction in the following cases: (i) a penalty of imprisonment of up to one year, or alternatively (ii) a penalty of imprisonment for a criminal offence punishable by a maximum term of imprisonment of at least three years. 4. By way of derogation from paragraphs 2 and 3, Member States may establish a limitation period that is shorter than 10 years, but not shorter than five years, provided that such limitation period may be interrupted or suspended in the event of specified acts. |