Belgian criminal law

Definition

The criminal Law is the branch of the right determining the socially rejected acts, the sorrows which there are associated and the procedures applicable in the event of transgression. The social norms evolving/moving with the liking of time, the criminal law generally evolves/moves in the same direction (but with a temporal shift generally). It is thus specific insofar as it is an inventory of the penal transgressions at one exact moment and in a given place.

Sources

The two primary sources of the criminal law are:

the penal code which is an inventory of infringements. For each infringement, the applicable sorrow and the necessary moral element are given (voluntary infringement or not for example)
the criminal instruction code which determines the applicable procedures in the event of transgression of the criminal laws.

There exists moreover a series of special laws being able to carry penal sanctions, the such law on the amazing products. Texts concerned with other sectors of the right can also envisage penal sanctions (the revenue duty for example).

Categories of infringements

The Belgian criminal law distinguishes three categories of infringements according to the rate of the applicable sorrow. The type of infringement also determines the court of jurisdiction to know some.

Infringments

Is an infringment, any infringement carrying a sorrow of imprisonment (of police force) ranging between 1 and 7 days and/or a sorrow of fine of 25 euros (except additional ten-per-cent taxes). It is the police court which is qualified to know of this type of infringement.

Offenses

An offense carries a sorrow of imprisonment (correctional) at least 8 days and 5 years to more and/or one sorrow of fine higher than 25 euros. The offenses are judged by the magistrates' court.

Crimes

The crimes carry as for them sorrows of reclusion or detention higher than 5 years and sorrows of fines higher than 25 euros. Following the abolition of the capital punishment, the life imprisonment is the most important sorrow which can be marked. It is the Court of Assizes which knows crimes. It is advisable however to note that the majority of the crimes are correctionnalisés by the jurisdictions of instruction and raise then of the competence of the Magistrates' court, which will be able in this marked case a sorrow exceeding the 5 years planned for the offenses.

Récapitualtif table

Components of the infringements

Legal element

There is no sorrow without law. So that a person can be sanctioned penally, it is necessary indeed that she violated a law which carries a penal sanction. In the contrary case, it will be able however to see its engaged civil responsibility, it is the case for example flight between husband.

This element differentiates the criminal law of other sectors from the right where the judge places himself only as a determinator of the just and equitable the and where it is constrained, in fine, to discuss any problem of right which is subjected to him concerning its competence.

Material element

The material element is the concretization of the infringement. To simply imagine to commit an offense is not sufficient, it is necessary that this desire is put into practice.

The element (S) material (S) necessary are given infringement by infringement. The flight for example consists in withdrawing (fraudulently) a thing belonging to others; if you are you even owner of the thing or that the thing is deprived of owner, there cannot be vol.

This material element can be an action but also a ommission. In this last case, one speaks about guilty ommission because the law provides that an action must be posed in such circumstance whereas it was not it. Non-assistance with anybody in danger is thus an offense of guilty ommission.

Moral element

Sorrows

The fine

The sorrows of fine are perceived with the profit of the State. In certain cases, the judge can match the sorrow of fine which he pronounces of a subsidiary sorrow of imprisonment 6 months maximum, which will be executory in the absence of payment of the fine.

The penal code also envisages fines for the moral persons (undertaken, associations…) who would make themselves guilty of infringements. Those spread out between 250 (1250 euros) and 720.000 francs (3.600.000 euros).

Imprisonment

The sorrow of work

Prohibitions and special confiscation

Prohibitions are deprivations of right. They can be the civil laws and policies condemned, to fulfill certain functions (public employment for example), to carry decorations, to be sworn or expert etc

The special confiscation can be marked with regard to the things constituting the infringement or those having been used to commit an offense when the property belongs about it to condemned. It can also apply to the things which were produced by the infringement or with the patrimonial advantages drawn directly from this one. These confiscations are particularly important as regards organized crime since they make it possible to practically seize all the financial assets and the goods of condemned.

The deferment and the suspension of the delivery

Various stages of the penal procedure

Information

The instruction

Preventive detention

The examining magistrate

Jurisdictions of instruction

The judgment

Police court

Magistrates' court

Court of Assizes

Execution of the sorrows

Court of application of the sorrows

The Court of application of the sorrows

Other authorities

The Royal pardon

Specific case: the sorrow of imprisonment

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