How long do you have to file a complaint after the fact in Switzerland?

Published on 28 August 2026

Why people so often say “three months”

The Criminal Code distinguishes offences that the State prosecutes of its own motion (ex officio) from those it prosecutes only if the injured person files a criminal complaint (art. 30 SCC).

Only for the latter does art. 31 SCC set a time limit: “The right to file a complaint expires after three months. This period begins on the day that a person entitled to file a complaint discovers the identity of the suspect.”

It is therefore not a limit “after the theft”, but a limit after you know who the offender is. Mere suspicion is not usually enough. The Federal Supreme Court has clarified the calculation (BGE 144 IV 161): if you learn the identity on 16 May, the time limit expires at midnight on 16 August.

The three months are a forfeiture period. They are neither suspended nor interrupted. A late complaint for an offence prosecuted only on complaint is inadmissible.

Theft, bicycle, vehicle: in principle no three-month limit

Theft (art. 139 no. 1 SCC), including a bicycle or a motor vehicle, is in principle prosecuted ex officio. The police or the public prosecutor may act as soon as they are informed. The time limit in art. 31 SCC then does not apply.

Two important exceptions, where prosecution takes place only on complaint and the three months matter again:

• theft to the detriment of relatives or members of the household (art. 139 no. 4 SCC);
• an offence of minor importance (art. 172ter SCC): the act targets only an asset of little value. The Federal Supreme Court uses an objective threshold of about 300 francs (BGE 142 IV 129, confirmed in 2024). The figure is not in the statute; the offender’s intent counts as much as the actual value.

A bicycle theft worth 200 francs may therefore fall under art. 172ter (complaint, three months from knowledge of the offender). A car theft almost never.

Property damage: in principle three months once the offender is known

Property damage (broken window, letterbox, graffiti, and so on) is in principle prosecuted on complaint (art. 144 para. 1 SCC). Art. 31 SCC then applies: three months from the day you know the offender.

If the offender is unknown, the three-month period has not started. You can still file a complaint “against persons unknown”. The other clock is already running: limitation of prosecution starts on the day of the act (art. 98 SCC).

Prosecution takes place ex officio, without a three-month limit, in particular if the damage is committed during a public gathering (art. 144 para. 2 SCC) or if the damage is considerable (art. 144 para. 3 SCC). The Federal Supreme Court uses an objective threshold of 10,000 francs (BGE 136 IV 117).

The other clock: limitation of prosecution

Even without a three-month limit, the State cannot prosecute forever. Art. 97 SCC sets limitation according to the maximum penalty in the statute, in principle from the day of the offence (art. 98 SCC):

• simple theft (maximum penalty of five years, art. 139 no. 1 SCC): in principle fifteen years;
• simple property damage (maximum penalty of three years, art. 144 para. 1 SCC): in principle ten years;
• offence of minor importance (fine, art. 172ter SCC): in principle seven years.

These periods can differ if the facts are qualified otherwise. They do not replace a prompt report: witnesses, images and traces fade.

Is the rule the same in every canton?

Yes as to substance. The Criminal Code is federal law. A canton cannot shorten or extend the time limit in art. 31 SCC, nor decide instead of the Confederation whether a theft is prosecuted ex officio or on complaint. Since 2011 the Criminal Procedure Code (CrimPC) has also been federal: a complaint is filed in writing or orally with the police, the public prosecutor or the authority responsible for prosecuting contraventions (art. 304 CrimPC), throughout Switzerland.

No as to practice. What changes is the receiving authority, the language, internal forms, sometimes a cantonal online reporting tool. That does not change the statutory time limit. For an offence on complaint, what matters is that a valid complaint reaches the competent authority in time.

Insurance and civil claims

Many insurance contracts require a prompt declaration, sometimes within a contractual period shorter than criminal law. That is not the same calendar as art. 31 SCC.

In civil law, an action for damages is in principle time-barred after three years from knowledge of the damage and of the person liable, and after ten years from the harmful event (art. 60 para. 1 CO). If the event is also a criminal offence, the civil limitation may last at least as long as the criminal action (art. 60 para. 2 CO). An early report still makes the rest easier.

And the online form?

ma-plainte.ch lets you prepare a statement, then print it, sign it and send it by post to the authority indicated. The platform is not a police authority. It does not interrupt statutory time limits: for the authority, what counts is receiving the signed document in time.

If the three-month limit expires in the next few days, do not rely on the post: contact the police or the public prosecutor of the canton concerned directly.

To prepare a statement: theft, bicycle theft, vehicle theft, property damage, or the online form.

Back to the blog