Have you committed a traffic offence and are wondering how to drag out the investigation so that it is time-barred? The statute of limitations on traffic offences usually starts 1 year after the offence was committed (exceptionally 3 years), but the time limit is often interrupted – for example, by the start of proceedings. How can this legal institution be used and how does the law remember the delays on the part of the offenders?
If you are dealing with an offence and you are not sure whether it is already time-barred, we recommend you have a solicitor assess the situation – often the details of the proceedings will decide.
Perhaps most often, we commit offences as road users. In this respect, even the most seemingly blameless citizen has made a dent. It is, of course, an unpleasant situation and one we would prefer to forget completely. But when will the law and the administrative authorities that investigate offences forget about it?
First of all, two situations must be distinguished:
Proceedings before an administrative authority or a court can be successful if they are carefully prepared legally. Therefore, do not leave anything to chance and use the services of a lawyer. We will conduct a careful analysis of the case and take care of the preparation of your submission and possible representation in court, where we will assert your rights.
The first situation is dealt with by the Law on Liability for Misdemeanours. According to the Act, the general limitation period for an offence is one year. It applies to the vast majority of offences. The statute of limitations is extended to three years if the offence is an offence for which the law sets a fine of at least CZK 100 000. This includes, for example, certain offences in the field of business or endangering the provision of a health service.
The Supreme Administrative Court has also commented on the length of the limitation period for those offences where a specific law does not set the upper rate of the fine at CZK 100,000, but only the method of calculating the fine (e.g. as a percentage of a previously unclear amount). According to his judgment, the limitation period for these offences is also one year.
When is an offence time-barred:
Tip: We have discussed how to legally defend yourself against a traffic fine in a separate article.
The statute of limitations shall begin to run on the day following the date on which the offence was committed. However, some offences are characterised by their effect. In that case, the limitation period shall begin to run on the day following the day on which such an effect occurs.
An example of such an offence would be the forgery of a passport. In the case of a continuing offence, the commencement date will be the day following the date of the last partial attack.
Not sure exactly when the time limit starts to run in your case? Any error in the calculation may mean you will not have much of a defence – have a solicitor check the situation.
Some offenders believe that by various forms of obstructing investigations, not receiving correspondence, deliberately issuing defective powers of attorney and other obstructions, they will reach the statute of limitations and be out of trouble.
In the past, the law did allow such a procedure, but for several years now this has not been the case. Indeed, the benevolence of the legislature, coupled with busy officials who often did not get around to dealing with the offence for many months, meant that a large number of offences went unpunished.
The law was therefore changed a few years ago. What has remained unchanged is that an offence cannot be dealt with if one year has passed since it was committed. However, the one-year limitation period no longer means that if you don’t receive a decision on the fine within a year, you are finished.
The situations in which the limitation period is interrupted have been newly regulated; this situation is mainly the notification of the initiation of the offence. What’s more, a new period of one year will then start running again. So if, for example, the administrative authority decided on your offence a year and a half after it was committed, but started proceedings six months after the offence was committed, everything is fine in the eyes of the law and nothing is time-barred.
For the sake of completeness, let us add that the limitation period is also interrupted by the issuance of the decision by which the accused is found guilty. If the first act in the proceedings is the issuing of an order, the limitation period is interrupted by the service of the order or by the issuing of a decision approving a settlement agreement.
The law distinguishes the interruption of the limitation period from the so-called suspension of the limitation period, where the limitation period does not run, but unlike the previous situation , the time already elapsed is not erased. Such a situation may arise, for example, when criminal proceedings are brought for the same act.
However, the limitation period always applies only to the person who has been prosecuted (it does not apply to criminal proceedings against another person for the same act).
The interruption of the limitation period is the most common reason why people wrongly assume that an offence is time-barred. In practice, we can also deal with cases where the client was “waiting” but the proceedings have continued in the meantime.
People rely on the offence to “burn out” but underestimate the point at which the proceedings are started. It is now common for administrative authorities to start proceedings early, thus interrupting the running of the limitation period.
Tip: A similar statute of limitations applies to criminal offences, which we have discussed in a separate article.
Three years after the commission ofthe offence was set as the maximum, i.e. the limitation period after which liability for the offence ceased, assuming that the basic limitation period was one year.
If the basic limitation period was three years, then liability for the offence would expire in five years at the latest. However, the period during which the offence was committed shall not be included in this limitation period.
This situation arises where the offence has been heard and a penalty imposed. The right to collect and enforce the fine is time-barred six years after the year in which the arrears became due.
It is therefore relevant whether the offence was decided in January (thus extending the time limit to almost seven years) or in December, for example. However, as in the previous case, if any action is taken to recover the fine, the limitation period is interrupted and a new one starts.
The statute of limitations for an offence usually starts to run after 1 year, or 3 years for more serious cases, but in practice this period is often interrupted by the initiation of proceedings or the issuing of a decision. After the interruption, a new time limit starts to run, so waiting for the limitation period alone is usually not successful. The maximum period of liability is 3 or 5 years. However, each case is individual and the specific actions of the administrative authority are decisive.
Not receiving mail usually doesn’t help – the proceedings can continue without you receiving it.
Typically by initiating proceedings or by serving a decision.
Yes, a new time limit will start after the interruption.
Yes, but the time limit is different – for enforcement (up to 6 years).
The statute of limitations stops (does not run).
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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