Statute of limitations - national proceedings

Malta

Malta - Criminal Code 1854 (2013) EN

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART III OF MATTERS APPLICABLE TO ALL CRIMINAL TRIALS

Title VI OF PRESCRIPTION

687.(2) The period of prescription in respect of all criminal offences shall be suspended from the moment a charge and, or bill of indictment is served on the person charged or accused until such time as a final and definitive judgment is delivered in the proceedings which commenced as a result of such charge or bill of indictment.

688. Save as otherwise provided by law, criminal action is barred-
(a) by the lapse of twenty years in respect of crimes liable to the punishment of imprisonment for a term of not less than twenty years;
(b) by the lapse of fifteen years in respect of crimes liable to imprisonment for a term of less than twenty but not less than nine years;
(c) by the lapse of ten years in respect of crimes liable to imprisonment for a term of less than nine but not less than four years;
(d) by the lapse of five years in respect of crimes liable to imprisonment for a term of less than four years but not less than one year;
(e) by the lapse of two years in respect of crimes liable to imprisonment for a term of less than one year, or to a fine (multa) or to the punishments established for contraventions;
(f) by the lapse of three months in respect of contraventions, or of verbal insults liable to the punishments established for contraventions.

Malta - Criminal Code 1854 (2023) EN

432. (1) The Attorney General shall be allowed the term of one month for the filing of the indictment, to run from the day the Attorney General is granted access by electronic means to the record referred to in the last preceding article. The said term shall, on the demand of the Attorney General, be extended by the court to an additional period of fifteen days, and, on the expiration of this other period, by the President of Malta to a further additional period of fifteen days, and, where the matter is such that the determination of the true nature of the offence necessarily depends upon the lapse of a longer period of time, to such longer period:

687. (2) The period of prescription in respect of all criminal offences shall be suspended from the moment a charge and, or bill of indictment is served on the person charged or accused until such time as a final and definitive judgment is delivered in the proceedings which commenced as a result of such charge or bill of indictment.

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.