An arrest warrant in Belgium (aanhoudingsbevel) is the decision of the investigating judge (onderzoeksrechter) to keep a suspect in detention for longer. That decision falls within 48 hours of the arrest, after a hearing at which the lawyer may be present. Within five days, the council chamber (raadkamer) then decides.
What is an arrest warrant in Belgium?
An arrest warrant is a written, reasoned decision of the investigating judge that allows the detention to continue after 48 hours.
The warrant states the offence, the legal provision that applies and the reasons why the judge considers detention necessary.
An arrest warrant is not a punishment. The law expressly forbids using detention as a penalty or as immediate punishment.
Nor is it a European arrest warrant. That one serves to surrender a person between EU countries and has its own rules.
From arrest to arrest warrant in four steps
Between the arrest and the arrest warrant lie four steps, which together must fit within 48 hours.
Step 1: Arrest and police questioning
The police arrest the suspect and question him. Before that questioning he has the right to a confidential consultation with a lawyer.
Step 2: The public prosecutor calls in an investigating judge
The public prosecutor (procureur des Konings) decides whether to release the suspect or to place him at the disposal of an investigating judge.
Only an investigating judge can issue an arrest warrant. The prosecutor cannot.
Step 3: The hearing before the investigating judge
Before issuing an arrest warrant, the investigating judge must question the suspect and hear his comments.
The suspect may be assisted by his lawyer at that hearing, and the lawyer may also make comments.
The judge informs the lawyer in time of the place and time of the hearing.
In practice this hearing is called the appearance before the judge (voorleiding). Family does not attend.
The hearing takes place in Dutch in Flanders. A suspect who does not understand Dutch has the right to a free interpreter.
Step 4: Decision and formal service
The investigating judge decides and has the arrest warrant formally served (betekend) on the suspect within 48 hours.
If that time limit passes without a valid warrant, the suspect must be released.
When can an investigating judge detain someone?
An investigating judge may only detain someone when it is absolutely necessary for public safety, with serious indications of guilt and for an offence of at least penalty level 2.
The conditions at a glance:
- There are serious indications of guilt.
- The offence can lead to a penalty of level 2 or higher.
- Detention is absolutely necessary for public safety.
- For offences with a maximum penalty up to level 4 (level 3 for some offences), there must also be serious reasons to fear that the suspect will commit new offences, flee, make evidence disappear or collude with others.
The judge must write out those reasons in the warrant, with the concrete circumstances of the case.
Under the old Criminal Code this rule worked with years of imprisonment.
Texts that still mention a threshold of one year or fifteen years are no longer up to date.
What each level means is set out in our post on the new Criminal Code and its eight penalty levels.
The possible decisions of the investigating judge
After the hearing, the investigating judge has roughly five options, from release to an arrest warrant in prison.
| Decision | What it means |
|---|---|
| Release without conditions | The suspect goes home; the investigation can continue. |
| Release under conditions | The suspect goes home but must keep to conditions, for at most three months and renewable. |
| Release on payment of a security (borgsom) | The suspect is only released after a sum has been paid in. |
| Arrest warrant with electronic monitoring | The detention is served at home, with an ankle tag. |
| Arrest warrant in prison | The suspect stays in prison until the council chamber decides. |
The security deposit (borgsom) is what English speakers often call bail.
There is no separate bail hearing in Belgium: the judge, or later the council chamber, decides on it as part of release under conditions.
Public prosecutor and investigating judge: who does what
The public prosecutor prosecutes on behalf of society; the investigating judge is an independent judge who leads the investigation and decides on detention.
The prosecutor decides on the arrest in the first hours and can call in an investigating judge.
He is later also a party at the council chamber.
The investigating judge investigates both for and against the suspect (à charge and à décharge).
He can, among other things, order house searches, hear witnesses and issue an arrest warrant.
After the arrest warrant: lawyer, contact and council chamber
After the arrest warrant the suspect may immediately speak freely with his lawyer, and within five days the first hearing of the council chamber follows.
The investigating judge can, however, forbid contact with people other than the lawyer.
Such a general ban lasts at most three days and cannot be renewed.
That is why the family sometimes cannot visit in the first days.
The council chamber checks whether the warrant is lawful and whether detention is still needed. Read more about what happens at the council chamber hearing.
Later hearings follow a fixed rhythm. One of its rules is explained in the two-month extension after the fourth appearance.
Which law applies? The arrest warrant is governed by the Pre-trial Detention Act of 20 July 1990 (Wet voorlopige hechtenis). Since 1 September 2026, its article 16 refers to the penalty levels (strafniveaus) of the new Criminal Code.
Frequently asked questions
What does an investigating judge do?
An investigating judge leads a judicial investigation, usually in more serious cases or when measures such as a search or detention are needed. He gathers evidence for and against the suspect. During the investigation, he is the only one who can issue an arrest warrant.
What are serious indications of guilt?
These are concrete elements in the file that point to the suspect having committed the offence. The Dutch term is "ernstige aanwijzingen van schuld". It is not proof of guilt: the suspect remains presumed innocent.
What happens when the 48 hours are over?
If no arrest warrant has been served within 48 hours, the suspect must be released. The investigation can simply continue afterwards.
Can I appeal against the arrest warrant itself?
There is no direct appeal against the investigating judge’s warrant. The review is done by the council chamber, and its decision can be appealed.
Contact our office with your questions
If there is an arrest warrant, the first hearing of the council chamber is the next chance to challenge the detention or to ask for release under conditions.
Our office assists suspects in criminal law in Antwerp and the surrounding area.
Call our office on working days on +32 476 22 04 02, or send us a message through the contact form.
