NCJ Number
79672
Date Published
1978
Length
48 pages
Annotation
The difficulties of the Belgian criminal justice system in dealing with growing crime rates are discussed and possible policy improvements suggested by research are outlined.
Abstract
A crisis has developed in the Belgian criminal justice system. With rapidly rising crime rates and an increased number of cases to process, the criminal justice system has proved unwilling to accept modifications necessary to deal with the case volume. It has become apparent that criminal offenses should be reclassified into two categories rather than the three found in the present criminal code. Because of excessive criminalization, decriminalization is desirable for a number of conventional violations. Resocialization efforts under existing laws exclude judges from supervision of measures prescribed by them to individualize sentences. Judges must be allowed to participate in execution of sentences through a commission for resocialization, which would be presided over by a magistrate. Part of the resocialization therapy must consist of victim compensation for damages caused by specific offenses. The state must guarantee victim compensation in particular types of cases when the offender cannot pay. Modifications are necessary in the education, selection, work, and monopoly position of judges. The 1974 report of a work group of the Ministry of Justice recommends elimination of the minimum age for judges; and a training period of 2 to 4 years for judges, followed by a minimum of 1 year at the bar. At the end of the training period, a district training committee is to make a thorough report to be sent to the Minister of Justice, where a 7-person committee advises the Minister on the selection and appointment of judges. Continuing education of judges is arranged by the chief of the court of appeals in Ghent in collaboration with the universities. Extensive notes are supplied.