Criminal Procedure Code at Belgium
Belgium's criminal justice system is governed by two primary legal frameworks: the Criminal Code and the Code of Criminal Procedure. While the Criminal Code defines substantive criminal law, the Code of Criminal Procedure outlines the procedural aspects of criminal justice, including investigations, trials, and appeals.
🧾 Code of Criminal Procedure
The Code of Criminal Procedure (French: Code d'instruction criminelle, Dutch: Wetboek van Strafvordering) was enacted in 1808 during the Napoleonic era and remains in force today, albeit with numerous amendments. It governs the conduct of criminal investigations and prosecutions, the jurisdiction and procedures of criminal courts, and the rights of parties involved in criminal proceedings. (Belgian Code of Criminal Procedure - Justapedia, Belgian Code of Criminal Procedure)
Structure of the Code
The Code is divided into several books:
Preliminary Title: Addresses actions arising from offenses, statutes of limitations, and the validity of evidence. (Belgian Code of Criminal Procedure)
Book I: Covers the judicial police and the officers who exercise it, detailing the powers and duties of police officers, prosecutors, and investigative judges. (Belgian Code of Criminal Procedure explained)
Book II: Outlines the judiciary, including the organization and procedures of police tribunals, correctional tribunals, courts of assizes, and appellate courts. (Belgian Code of Criminal Procedure explained)
Titles III–VII: Address various procedural matters such as means of provision against rulings or judgments, particular procedures, regulation of jurisdiction, mediation, and matters of public interest and general security. (Belgian Code of Criminal Procedure explained)
The Code has been amended multiple times to adapt to evolving legal standards and societal needs.
📘 New Belgian Criminal Code (Draft)
In February 2024, the Belgian House of Representatives approved the introduction of Books I and II of a new Criminal Code, aiming to modernize and replace the existing 1867 Criminal Code. Book I addresses general criminal law principles, while Book II covers common law offenses and penalties. The reform seeks to establish a sustainable and future-proof criminal code. Books I and II are expected to come into force two years after their publication in the Belgian Official Gazette, with certain provisions on treatment under deprivation of liberty and extended follow-up entering into force later. Until then, the current Criminal Code remains applicable for offenses committed before the new code's implementation. (New Belgian Criminal Code adopted | ICLG.com Briefings)
📚 Accessing the Codes
Code of Criminal Procedure: The full text, including amendments, is available through the Belgian government's official legal database, Justel. (Belgian Code of Criminal Procedure - Justapedia)
New Criminal Code (Draft): The draft versions of Books I and II can be accessed through the Belgian Federal Parliament's website or the official Belgian Official Gazette.
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