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Investigating and Prosecuting White-Collar Crimes in Belgium

2.1 Investigation

The investigation process for white-collar crimes in Belgium involves several steps and authorities.

Powers of Investigation

• The public prosecutor’s office has the following powers:
  • Asking persons to provide documents
  • Entering premises
  • Interrogating individuals
• Suspects have certain rights during an interrogation, such as:
  • The right to be assisted by a lawyer
  • Being informed about the subject(s) of the interrogation

Administrative Investigations

Administrative authorities can also conduct investigations under certain conditions.

2.2 Internal Investigations

Belgian law does not provide a specific framework for internal investigations, but rules and rights should be considered:

• Rules in Collective Bargaining Agreements (CBAs): These agreements may contain provisions related to internal investigations.
• Employees’ General Rights: Employees have the right to privacy and data protection, which should be respected during internal investigations.
• A breach of these rules can constitute an offence.

An internal investigation report may be handed over to the enforcement authorities.

2.3 Mutual Legal Assistance Treaties and Cross-Border Co-operation

Belgium has several mechanisms in place for cross-border co-operation in white-collar crime investigations:

• European Investigation Order: Allows judicial authorities to gather evidence in another EU member state.
• Act of 9 December 2004 on Mutual International Legal Assistance: A legal instrument adopted at the Council of Europe level.
• Bilateral and Multilateral Treaties: Existing treaties with other countries.

2.4 Seizure or Confiscation of Assets

The seizure or confiscation of assets in white-collar crime cases involves several steps:

Within the European Union

• Directive 2014/42/EU: Sets out minimum standards for freezing and confiscating property.
• Regulation (EU) 2018/1805: Requires member states to recognize and execute other member states’ freezing and confiscation orders.

Non-EU Member States

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

2.5 Extradition

Extradition in white-collar crime cases involves several mechanisms:

• European Arrest Warrant: Allows for the surrender of individuals between EU countries.
• European Convention on Extradition (1957): Belgium is a signatory to this convention and has several bilateral treaties.

2.6 Prosecution

White-collar offences can be brought before the criminal court in three ways:

1. Referral by the Council Chamber or Chamber of Indictments
2. Public prosecutor’s office referral
3. Plaintiff-initiated prosecution