Financial Crime World

Criminal Investigations and Prosecution: A Comprehensive Overview

In Belgium, criminal investigations are conducted by both the public prosecutor’s office and the investigating judge, with the latter having more extensive powers.

Powers of Investigation

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

  • Ask individuals to provide documents that may be relevant to uncovering the truth
  • Seize documents if they are deemed to be evidence of a committed offense or susceptible to confiscation
  • Conduct searches of premises, but only with a search warrant unless conducted by an investigating judge

Searches and Seizures

A search of premises requires a search warrant, unless conducted by an investigating judge. A search can only take place between 5am and 9pm. Both suspects and witnesses have the right to be informed at the beginning of an interrogation about their rights, including:

  • The fact that they cannot be obliged to incriminate themselves

Powers of Investigation by Administrative Authorities

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

  • Request individuals to provide documents
  • Enter premises
  • Interrogate individuals under certain conditions

Internal Investigations

While internal investigations are becoming more common in Belgium, there is no specific framework for them in Belgian law. Nevertheless, certain rules and rights must be respected when conducting such an investigation, including:

  • The right to privacy
  • Data protection

Belgium has entered into several mutual legal assistance treaties with other countries, allowing for the collection of evidence across borders. This includes:

  • The European Investigation Order: judicial authorities in one EU member state can conduct investigative measures in another member state
  • Bilateral and multilateral treaties

Extradition

Belgium is a signatory to the European Convention on Extradition and has entered into several bilateral and multilateral extradition treaties with other countries. The country can extradite individuals for certain crimes, but not:

  • For political offenses
  • When they risk the death penalty

Prosecution

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

  • Referral by the Council Chamber
  • Referral by the Chamber of Indictments
  • Direct referral to the investigating judge

Once a case is referred to the criminal court, it will proceed through the judicial system.

This article provides an overview of the powers and procedures related to criminal investigations and prosecution in Belgium, including:

  • The role of the public prosecutor’s office
  • The investigating judge
  • Administrative authorities
  • Internal investigations
  • Mutual legal assistance treaties
  • Extradition
  • Prosecution