Prescription: what are the terms and conditions?

Prescription: what are the terms and conditions?

"I sometimes read in the press that a case has become statute-barred, but what do we mean by statute-barred? Why, how and when does it come into being? How long does it take to take effect? Is it from the time of a judgment or from the time the authority is seized or becomes aware of a fact?

Jean, Geneva

In civil law, prescription extinguishes the right of action associated with a claim as a result of the passage of time. The debtor can therefore raise the defence of prescription to oppose the creditor's claims, but this defence cannot be raised by the court of its own motion. In principle, all civil law claims are time-barred. In principle, all claims under civil law are time-barred, although some claims, such as those secured by mortgage, are not. Most claims lapse after 10 years if the creditor has not taken the necessary steps to collect them. However, some claims are time-barred more quickly, such as doctors' or lawyers' fees, alimony, rent or salary claims, which are time-barred after 5 years. The limitation period begins as soon as the claim has become due and payable, i.e. when the creditor is entitled to take action against the debtor. In general, performance of the obligation can be demanded immediately.

In criminal matters, the limitation period for criminal proceedings depends on the offence in question. If the offence is punishable by life imprisonment, the statute of limitations is 30 years. This period is reduced to 15 years if the deprivation of liberty is for more than 3 years. If the sentence is less than life imprisonment, the statute of limitations is 10 or even 7 years. The statute of limitations begins to run on the day on which the perpetrator carried out his criminal activity, on the day of the last act if this activity was carried out several times, or on the day on which the acts ceased if they lasted a certain length of time.