WHAT CRIMINAL PHASES AND PROCEDURES CAN YOU CONTACT THE OFFICE FOR?
Mr. Devriendt provides assistance in a wide range of criminal phases and criminal proceedings. Some common cases include e.g:
In order to clear up a crime, the police will frequently proceed to question the people involved. That is, victims, witnesses and suspects may all be questioned. All these persons enjoy some basic rights. In each case, the police must give prior notice that no one is obliged to incriminate themselves and may exercise the right to remain silent. The statements can be used as evidence. Therefore, you have the right to verify that the PV of interrogation corresponds to what you previously stated. Victims and witnesses have no legal right to the assistance of a lawyer. Of course, they may take the initiative to be assisted themselves. Suspects should always be notified that they are being questioned as suspects. Persons suspected (suspects) of a crime punishable by at least one year in prison have a legal right to the assistance of an attorney and to a prior confidential interview. The suspect must be informed of his right to the assistance of an attorney prior to the interrogation. If the suspect does not have an attorney, an attorney will be assigned if requested. During the confidential interview, the attorney prepares you for the interrogation. The lawyer will ensure that the interrogation proceeds correctly. For example, the lawyer will protect you from undue pressure and suggestive questions. He will also make sure that the interrogation report is an accurate reflection of your oral statement. The assistance of a lawyer is advisable even if you are innocent.
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The victim seeking compensation can file as a civil party. In this way, the victim becomes a party to the criminal proceedings. It is not necessary that an investigation is already underway. In fact, the victim may, upon prior payment of a so-called deposit, initiate the criminal proceedings himself by filing a complaint with the investigating judge. The civil action must be brought before the judge of first instance at the latest.
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A judge may convict someone without the person in question being present in court. This is then called a conviction in absentia. That judgment can be appealed under certain conditions (e.g., within the time limit provided by law). An objection is a legal remedy that ensures that the court that issued the default judgment will hear your case again so that this time you will have the opportunity to defend yourself at the hearing.
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A case can be given a second hearing by filing an appeal. A higher court then reviews your case again, this time with 3 criminal judges. To appeal, you must fill out a grievance form. This is a document in which you indicate which specific decision you are appealing. This can be the guilty verdict, the sentencing, the forfeiture ... or the entire verdict. In principle, the Court of Appeals will limit its consideration of the case to what was requested in the grievance form.
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Cassation appeal is a legal remedy to have the legality of the verdict or judgment checked by the Supreme Court. Thus, the Supreme Court will not check the facts, but only whether the judge correctly applied the law. If the Court finds that the judgment is illegal, it vacates the judgment.
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The European Court of Human Rights monitors compliance with the European Convention on Human Rights. This treaty contains several essential human rights including:
art. 2 ECHR: the right to life
This article may be violated when an inmate dies in prison. art. 5 ECHR: the right to liberty and security
This article ensures that a person can only be deprived of liberty in accordance with legal procedure. For example, if the pretrial detention is unlawful, this article may have been violated. art. 6 ECHR: the right to a fair trial
This article provides that the criminal process must be fair. This means, among other things, that within a reasonable time an independent and impartial judge must rule on the case. In doing so, the defense must be given enough time to prepare its defense and must in principle be given the opportunity to cross-examine witnesses à décharge. Irregularities in the criminal investigation may mean that the trial was not fair in the sense that e.g. the rights of defense were violated. art. 7 ECHR: no punishment without law
You can only be punished for conduct that the law clearly defines and that was punishable at the time you committed the conduct. appeal options have been exhausted, you can appeal to the ECHR. Your appeal will be heard only if the following conditions are met:
you yourself are the victim of the violation of the human right you have fully completed the Belgian procedure including cassation appeal the appeal is filed within the time provided by law the appeal is brought against the Belgian government and not against an individual The ECtHR can find a violation and sanction the government. This is a particularly formal and complex procedure. The ECHR allows you to undertake this independently, but assistance from a lawyer is recommended.
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- the search: conditionsA search is an investigative measure aimed at collecting evidence in order to clarify a crime. Obviously, this is a serious interference with the fundamental right to privacy. Therefore, a search is only possible in cases determined by law. We can distinguish three categories: - the search with a search warrant. This is the general category. Because a search is a very far-reaching measure, it is generally only possible with a prior order from the investigating judge, the search warrant. This warrant specifies the home to be searched. The investigating judge can only issue it if there are sufficiently serious indications of a crime. Thus, under no circumstances can a search of the home have the purpose of finding out whether a crime has been or will be committed. However, if another crime is discovered during a regular search, an official report can validly be drawn up.A search warrant allows the entire house to be searched.In principle, the search may not take place between 21:00 and 05:00. - The search with consentA search can always take place without a search warrant if the resident gives his or her prior written consent. The resident must be informed of the consequences and scope of his consent. Indeed, by consenting, he waives the inviolability of his home. If the consent is invalid, it leads to the nullity of the search.The consent can only be given by the person occupying the dwelling, i.e., not by the landlord, if any.The search in this case can take place both during the day and at night to the extent that consent has been given. - the search in the act of committing a crimeWhen the perpetrator is caught in the act, the public prosecutor can also conduct a search (by the police) or have one conducted. This also does not require a search warrant, but the search must take place after the offender is caught in the act. The search can take place either during the day or at night. Any residence or hiding place of the perpetrator can be searched, as well as the residence where the crime was committed.The term "act of the crime" is interpreted relatively broadly by case law.
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The investigating judge heads the judicial investigation. The investigating judge tries to identify and clarify the crime as much as possible. To this end, the investigating judge can order coercive measures such as, for example, a search of a house, telephone tapping, observation, having listening devices installed in, for example, a house or a vehicle. In principle, the investigating judge looks for elements that speak both in favor and against the suspect (à charge and à décharge). The investigating judge (and only he/she) can arrest and remand a suspect, even if that suspect has not been declared guilty by a court. N.B. However, many crimes are not investigated by judicial inquiry, but by investigative inquiry. This is an investigation conducted by the Public Prosecutor's Office. The big difference with a judicial investigation is that in principle no coercive measures may be used during the investigation. However, if the Public Prosecutor wants to use coercive measures, the investigating judge must first authorize this.
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The Public Prosecutor's Office prosecutes crimes and ensures that the perpetrator is punished. To this end, it may conduct a criminal investigation in cooperation with the police to clarify the crime and gather evidence. In the process, the prosecution may not, in principle, take coercive measures without the prior consent of the investigating judge. When the investigation is complete, the Prosecutor's Office can summon the suspect to court. In court, the Prosecutor's Office is the defendant's counterpart. The prosecution will have to prove the defendant's guilt and seek punishment. The prosecution may also propose an alternative measure instead of a summons if it feels it is more appropriate. That is, the case will not go to trial but will be settled through amicable settlement or mediation in criminal cases. The Prosecutor may also decide to dismiss the case, e.g. due to lack of evidence or for expediency reasons.
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The investigating judge can detain a suspect during the investigation. Then we speak of pre-trial detention. The suspect will be deprived of his freedom without his guilt being established. The investigating judge can do this if he considers it necessary for public safety and to prevent the suspect from fleeing, committing new acts, making evidence disappear or cooperating with third parties or other suspects. Pre-trial detention can be carried out in jail or with an ankle bracelet at home. Monthly or bi-monthly, the defense will have the opportunity to present the case to the council chamber. The latter will decide whether to release the suspect, possibly subject to conditions. The investigating judge can also decide to release the suspect at any time.
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The indictment chamber is an investigative court located at the level of the courts of appeal. The indictment chamber handles appeals against certain decisions of the investigating judge or the chambers. If the investigating judge refuses to allow access to the file, to lift a seizure, or to carry out additional investigations, the defense may refer the matter to the indictment chamber. The same is true under certain conditions (for the civil party) in the event of an acquittal of the accused or (for the accused) in the event that the pre-trial detention is maintained by the chambers. The indictment chamber can also conduct a review of the ongoing criminal investigation and annul all irregular documents in the file.In addition, the indictment chamber is responsible for controlling the special investigation methods of informant operation, infiltration and observation. Whenever a case needs to be referred to the assize court, the indictment chamber will also intervene and decide on a possible referral to the assize court.
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Apart from the Constitutional Court, the Court of Cassation is Belgium's highest court. The Court of Cassation monitors the legality of judgments and decisions and safeguards the unity of the jurisprudence. When a case is brought before the Court, it will in principle only verify whether the judge has applied the law correctly. If it has not, the Court breaks up that judgment or ruling and forwards the case to another court that will have to rule on the case again. Thus, in principle, the Supreme Court will not judge the facts themselves, but only the already correct application of procedural and substantive law.
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The correctional court handles the bulk of criminal cases. The capital crimes, e.g. murder, come before the Assize Court and traffic offenses are within the jurisdiction of the police court. The correctional court basically consists of one judge who will rule on the case. In some cases there are three judges, for example when the court is hearing a traffic case on appeal or when it is a vice case or another very serious case (e.g. criminal organization, terrorism, certain complex tax crimes, etc.).
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The assize court's jurisdiction includes murder cases. It is the only court with a jury. These are 12 chosen citizens who will decide the guilt or innocence of the accused. The president assists them along with two other appellate judges and manages the trial.
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The police court primarily adjudicates traffic cases. A judge sitting alone handles the cases. You can appeal a ruling from the police court to the correctional court.
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