Country: België
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What are the legal safeguards for police custody?
Drawing up an official police custody order
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Which authority is competent to place someone in police custody?
– In case of flagrance: any agent of public force and any individual – In normal cases : Royal Prosecutor or Investigating Judge
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On what grounds and when can someone be placed in custody?
– Grounds for police custody are different in case of flagrance or in normal cases. – In normal cases an individual can be detain in police custody only if there are serious evidences of guilt.
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What is police custody under belgian law?
Liberty deprivation of a person in order to keep her available for police officers
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Which authority is competent to make an administrative arrest?
Administrative police officers
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On what grounds and when can someone be arrested (administrative arrest)?
– Disturbation of public peace, – Obstacles to the freedom of movements, – Reasonable grounds to believe that the person is going to commit an offence to the public peace or to the public security. – Interruption of the infractions above.
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Which authority is competent to make a judicial arrest?
– In case of flagrance: any agent of public force or any individual. – In any other case : Royal Prosecutor or Investigating Judge.
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On what grounds and when can someone be arrested (judicial arrest)?
– In case of flagrance offences – In case of offences which deem flagrant – In case of offences which are assimilated to flagrance – In case of serious evidences of guilt.
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What is a judicial arrest under belgian law?
– Liberty deprivation of an individual in order to research, pursue and repress the offence. It’s permitted only for offences and not for simple contraventions.