NCJ Number
40946
Journal
Revue de droit penal et de criminologie Issue: 2/3 Dated: (NOVEMBER-DECEMBER 1976) Pages: 107-195
Date Published
1976
Length
89 pages
Annotation
THE AUTHOR ANALYZES EXISTING LAWS AND PROCEDURES IN BELGIUM CONCERNING THE CIVIL AND CRIMINAL LIABILITY OF GOVERNMENT MINISTERS AND SECRETARIES OF STATE, AND OUTLINES PROPOSED LEGISLATIVE REFORMS.
Abstract
THE PRESENT SYSTEM OF CRIMINAL RESPONSIBILITIES HAS THE FOLLOWING CHARACTERISTICS: MINISTERS MAY BE PROSECUTED FOR BOTH VIOLATIONS OF THE LAW AND ACTIONS TAKEN IN CARRYING OUT THEIR MINISTERIAL DUTIES; ONLY THE SUPREME COURT OF APPEAL IS QUALIFIED TO JUDGE MINISTERS AND SECRETARIES OF STATE; AND ONLY THE CHAMBER OF REPRESENTATIVES HAS THE RIGHT TO INDICT MINISTERS AND TO PROSECUTE THEM BEFORE THE SUPREME COURT. THE AUTHOR EXAMINES BOTH THE CURRENT SYSTEM (AS ESTABLISHED BY THE BELGIAN CONSTITUTION), AND THE PROPOSED LEGISLATION FOR THE FOLLOWING THREE ELEMENTS: CRIMINAL LIABILITY OF MINISTERS AND SECRETARIES; JURISDICTIONAL POWERS REGARDING THIS RESPONSIBILITY; AND PROCEDURES FOR IMPLEMENTING MEASURES AGAINST MINISTERS AND SECRETARIES. FINALLY, THE AUTHOR EXAMINES CIVIL LIABILITY OF GOVERNMENT OFFICIALS UNDER THE EXISTING LAWS AND UNDER THE PROPOSED NEW SYSTEM. --IN FRENCH...DMC