Statute of limitation in criminal matters

The new Municipalities Law N.52(I)/2022 and the Statute of Limitation

The issue of the statute of limitation is fundamental in the context of criminal proceedings, as it determines the time-frame within which a charge must be filed against an offender. The relevant legal framework governing this issue is provided under Article 88 of the Criminal Procedure Law (Cap. 155), which specifies the applicable limitation periods based on the nature and severity of the offense.  

Statute of Limitation Under Article 88 of Cap. 155 

Article 88 provides that the time limits for filing charges are as follows: 

1. Six Months: For offenses punishable by imprisonment of up to three months or fines not exceeding €854, a charge must be filed within six months from the date of the offense. 
2. Twelve Months: For offenses punishable by imprisonment of up to twelve months or fines not exceeding €1,708, a charge must be filed within twelve months from the date of the offense. 

Offenses and Penalties Under the new Municipalities Law N.52(I)/2022 

The Municipalities Law N.52(I)/2022 (the “Law”), which came into force on 1 July 2024, provides for the following offenses and corresponding penalties: 

1. that for any offense under the Law for which no specific penalty is prescribed, the offender may face a fine not exceeding €700. 
2. that any person who refuses to pay property taxes may be subject to a fine of up to €350. 
3. for breaches related to license fees or professional fees:
   • Individuals: A fine not exceeding €500. 
   • Legal Entities: A fine not exceeding €1,000 for failing to meet their obligations within the prescribed time-frame. 

Statute of Limitation and the Law  

Under Article 88 of Cap. 155, most offenses under the Law are subject to a six-month limitation period.  

This means that charges must be filed within six months from the date the offense was committed. 

Conclusion 

It is essential for legal practitioners to remain vigilant about the time limits imposed by the statute of limitation, especially under Article 88 of Cap. 155. While most offenses under the Law are governed by the six-month limitation period, certain exceptions exist—most notably for legal entities involved in professional tax obligations. 

A thorough understanding of these provisions is crucial for ensuring compliance with the relevant legal framework and for the proper handling of criminal cases arising under the Law.