Bill amending the limitation periods for sexual offences committed against minors
File 125/000007 · tabled on March 22, 2024
What it proposes
To postpone and, in the most serious cases, remove the limitation period for sexual offences where the victim is a minor. It amends three sections of the Criminal Code —131, 132 and 133— and adds a specific limitation rule to the juvenile justice statute.
Parliamentary stage
- Current stage
- Justice Committee — rapporteurs’ report stage
- Checked on
- File number
- 125/000007
- Text as tabled
- Official gazette · file 125/000007
The stage shown is the one recorded in the Congress open data on the date indicated. A bill in progress is not law: until it is eventually published in the official state gazette, the text in force set out below applies.
What would change, section by section
On the left, the text in force checked against the consolidated version; on the right, what the tabled text says.
Art. 131.3 CP
Text in force
Only crimes against humanity, genocide and offences against persons and property protected in armed conflict (except section 614) never lapse, plus terrorist offences causing death.
Text as tabled
One more case would be added: sexual offences would never lapse where the victim is a minor and the maximum penalty is five years’ imprisonment or more.
Art. 132.1 CP
Text in force
For sexual offences, attempted homicide, injuries under sections 149 and 150, habitual abuse under section 173.2 and trafficking, where the victim was under eighteen, time starts to run when the victim turns thirty-five.
Text as tabled
That starting point would move from thirty-five to forty-five years of age, unless the offence falls within the new categories that never lapse.
Art. 133.2 CP
Text in force
Sentences that never lapse are those for crimes against humanity, genocide, offences in armed conflict (except section 614) and terrorist offences causing death.
Text as tabled
Sentences of five years’ imprisonment or more for sexual offences against a minor would be added.
Art. 15.1 LO 5/2000
Text in force
Offences committed by minors follow the Criminal Code rules for the most serious cases and, otherwise, five-year, three-year, one-year or three-month periods depending on gravity.
Text as tabled
A new subsection 1 bis would set ten years for conduct under sections 179 and 180 of the Criminal Code, or any other sexual offence carrying fifteen years’ imprisonment or more where the victim is a minor, counted from the victim’s thirty-fifth birthday.
Who it affects
Child victims of sexual offences, who would have longer to report, and the defence, since limitation would stop closing a wide group of historic cases.
Related pages
Source: the text published in the official parliamentary gazette and the Congress of Deputies open data on legislative initiatives. Informational content; it does not replace the study of a specific case.
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