Country: Belgium
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What are the procedural safeguards for pre-trial detention?
Procedural safeguards regarding the interrogation, Procedural safeguards regarding the motivation of the warrant, Procedural safeguards regarding the notification of the warrant.
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On what grounds and when is a pre-trial detention allowed?
– Serious evidences that the individual committed the offence. – Common conditions for all the infractions and special conditions for sentences that not exceeding 15 years of imprisonment.
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What is a pre-trial detention under belgian law?
Exceptional and temporary deprivation of liberty of an individual before judgement.
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What are the procedural safeguards for a warrant of arrest?
– The interrogation by the Instruction Judge – It has to contain certain evidences in order to justify the arrest warrant – The notification of the warrant.
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On what grounds and when can someone be subject to a warrant of arrest?
Common grounds for all the infractions, and specifical grounds for certain infractions.
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What is a warrant of arrest?
– A commitment order signed by an Investigating judge in the course of pre-trial investigation. – Practically it’s an order issued by a magistrate to any officer of public force to bring the suspect in detention.
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Does someone in police custody have the right to access case files?
The detainee can have access to his case file only if a warrant of arrest has been delivered.