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Belgian Justice System: A Guide to Criminal Investigations and Prosecution

In Belgium, criminal investigations are conducted by both the public prosecutor’s office and the investigating judge. The latter has more extensive powers, allowing them to order measures that go beyond what the public prosecutor’s office can do.

Powers of Investigation

Both the public prosecutor’s office and the investigating judge have the authority to:

  • Ask individuals to provide documents relevant to an investigation
  • Seize documents deemed essential to uncover the truth
  • Conduct searches, but a warrant is required unless carried out by the investigating judge themselves. Searches must be conducted between 5am and 9pm.
  • Interrogate employees, officers, or directors of companies under investigation, as well as third parties

Suspects and witnesses have certain rights, including:

  • The right to remain silent
  • The right to be assisted by a lawyer during an interrogation

Administrative Authorities

Administrative authorities in Belgium do not possess the same powers of investigation as the public prosecutor’s office and investigating judge. However, they can:

  • Request documents
  • Enter premises
  • Interrogate individuals under certain circumstances, outlined in relevant laws

Internal Investigations

While internal investigations are becoming more common in Belgium, there is no specific framework for them. It is essential to adhere to established rules and employees’ rights to privacy and data protection during such investigations. A breach of these rules can constitute an offense.

The European Investigation Order enables judicial authorities in European Union member states to collect evidence in other member states. Belgium has also implemented several legal instruments, including:

  • The Act of 9 December 2004 on Mutual International Legal Assistance

Seizure or Confiscation of Assets

Within the EU, two key legal instruments govern the freezing and confiscation of assets:

  • Directive 2014/42/EU
  • Regulation (EU) 2018/1805

Non-EU member states’ requests require a bilateral or multilateral treaty.

Extradition

The European arrest warrant allows EU member states to surrender individuals for criminal prosecution, custody, or detention. Belgium is also a signatory to the European Convention on Extradition and has several bilateral and multilateral treaties in place.

Prosecution

White-collar offenses can be brought before the criminal court through three channels:

  • Referral by the public prosecutor’s office following a judicial inquiry
  • Referral by the investigating judge
  • Direct referral by the plaintiff

The Council Chamber decides whether to proceed with prosecution based on the evidence gathered during the investigation.