NCJ Number
90802
Journal
Revue de droit penal et de criminologie Volume: 61 Issue: 8, 9, 10 Dated: (August - October 1981) Pages: 749-766
Date Published
1981
Length
18 pages
Annotation
The article outlines the changes in law required to carry out the Belgian Minister of Justice's decision to transfer to police courts part of the workload from courts of first instance and the courts of appeals.
Abstract
The purpose of the proposed transfer is to reduce the work pressure of the courts of first instance and courts of appeals so that they can devote more time to civil matters and to criminal cases that deserve special attention. Changes needed to make this redistribution of work possible include transfer to police court jurisdiction all offense, injury, and insurance matters relating to automobile accidents and traffic violations; and all homicides and serious injuries resulting as a consequence of intoxication. These modifications require complex changes in the code of criminal investigation and the laws relating to preventive detention, suspended sentences, and traffic accidents. Provisions must be made allowing appeals of police court decisions to the public prosecutor and limiting to 5 days the period in which the public prosecutor may exempt certain cases from the jurisdiction of the police court. The civil competence of police courts would also be broadened, necessitating minor changes in the civil code. Expanded jurisdiction of police courts also requires replacement of 130 police commissioners and 11 judicial officers by 94 representatives of the public prosecutor. The seat of the police court would be the main town of each judicial district. Provisions for the languages to be used in police courts have already been brought into conformance with existing laws. Notes are supplied.