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Driving spite decay: who? what? how?

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Driving Spite Decay

Driving Spite Decay in Belgian Law: What You Should Know

In Belgian traffic law, the concept of “driving despite lapse” plays an important role. It refers to situations in which a person drives while legally disqualified from driving. This can have serious consequences, both legally and personally. In this blog, we explain exactly what driving pardon lapse means, what penalties apply, and what you can do if you encounter it.

What is Driving Spiteful Decay?

This means that a person is behind the wheel while his or her license is temporarily or permanently revoked. This forfeiture of the right to drive is imposed by the court and can stem from a variety of reasons, such as driving under the influence of alcohol or drugs, serious traffic violations, or recidivism of certain offenses. In Belgium, this is a crime that can be severely punished. The exact level of punishment depends on the severity of the situation and whether the offender has been at fault before. Driving without driving privileges can have a significant impact on your criminal record and can carry additional fines and even jail time.

What Sanctions Are There?

Penalties can range from administrative fines to jail time. Here are some possible penalties:

  1. Fines: Driving despite lapse can result in large fines ranging from several hundred to thousands of dollars.
  2. Prison sentence: In serious cases, such as recidivism or causing an accident, a prison sentence may even be imposed.
  3. Extension of the lapse: If you are caught driving while under lapse, the period of the lapse may be extended, meaning you will not have the right to drive for even longer.
  4. Insurance Claims: In the event of an accident, the cost of compensation may be recovered entirely from you because insurance often does not intervene when you are driving under decay.

If you are charged with driving while impaired, an experienced traffic law attorney play an important role. They can advise you on your rights and defenses, and help you minimize potential penalties.

When Do You Hire a Traffic Law Attorney?

A traffic law attorney specializes in traffic and driving laws. Hiring a specialized lawyer can help to thoroughly analyze your situation and obtain the best possible outcome. The lawyer can represent you in court and present arguments for a reduction in sentence or the removal of the disqualification. If you are accused of driving despite lapse, or if you are considering appealing against a sentence imposed, it is advisable to seek legal advice from a specialized lawyer. Visit the Belgian Road Safety Institute or consult a specialized traffic law lawyer for more information and support.

Consequences For Your Insurance And License

Driving under lapse can have significant consequences for your insurance and your future driving privileges. Insurance companies may decide not to pay compensation in an accident because you were driving without a license. This can lead to significant financial consequences, especially if property or physical damage has occurred. In addition, the court may decide to revoke your driver’s license for an extended period of time, affecting your freedom and mobility in daily life.

Conclusion

Driving while impaired is a serious offense within Belgian traffic law, which can have significant legal and financial consequences. If you are faced with such a situation, hiring a traffic law attorney is often the best way to limit the damage and protect your rights.

Kinderalimentatie

Child support: the extraordinary expenses

Child supportIn a divorce, the welfare of the children is the main focus. An important aspect of this is financial arrangements, such as child support. In addition to the basic needs of the child, extraordinary expenses may arise. But what exactly does this entail and how is it settled?

What are extraordinary expenses?

Extraordinary expenses are those that are not covered by ordinary child support and are often unexpected or incidental. For example:

  • Unforeseen medical expenses, such as dental surgery.
  • Expenses for school activities, such as a study abroad trip.
  • Additional costs for sports, music lessons or other extracurricular activities.

Such costs can add up quickly, making it important to make clear arrangements in advance. In Belgium, extraordinary costs are usually shared between both parents in proportion to their respective financial capacities.

The Royal Decree of April 2019

In April 2019, an important Royal Decree (RD) was published that clarifies extraordinary costs in child support. The RD stipulates that these costs will now be divided into three specific categories:

  1. Medical expenses, such as orthodontics, therapy or necessary medical treatment.
  2. School expenses, including costs for school materials, field trips and any tutoring.
  3. Extracurricular activities, such as sports, culture and hobbies.

The RD requires parents to make concrete agreements on the division of these costs, with the aim of avoiding conflicts. If no agreements are made, the court can determine the division. Thanks to this RD, there is a uniform basis for the division of these expenses, providing more legal certainty for both parties.

How are extraordinary expenses regulated?

Preferably, parents themselves agree on the division of these costs. This can be included in a parenting plan or a court order. A clear list of which expenses fall under extraordinary expenses can help prevent future conflicts. Are parents having a hard time reaching an agreement? A family law attorney can help draw up an arrangement that is legally correct and fair.

What if there is a disagreement over costs?

Unfortunately, conflicts sometimes arise over what exactly is considered extraordinary expenses. Are orthodontic treatments necessary or optional? Who pays for the laptop for school? When parents fail to reach a solution together, a judge may intervene. Again, a family law attorney can provide guidance and advocate for a fair settlement.

Practical tips for parents

  1. Record agreements: Record in detail what costs are considered extraordinary and how they will be divided.
  2. Communicate clearly: Keep each other informed of any unforeseen expenses in a timely manner.
  3. Seek legal advice if necessary: A lawyer can ensure that agreements are watertight and conflicts are avoided.

Want to know more?

For more information on child support and extraordinary expenses in Belgium, check out the following resources:

Settling child support and extraordinary expenses can be complex, but with clear agreements and professional advice, parents can ensure that the best interests of the child always come first. If you need advice: contact Peterfreund & Associates: Your lawyer in Antwerp.

medische fout

Medical malpractice: Medical Accident Fund vs. Court

Medical malpractice lawyer:

The medical world is a very complex one, and medical errors are legion.

When someone falls victim to medical treatment gone wrong, the consequences are often incalculable.

As medical malpractice attorneys, we receive daily questions from clients about the options available to be compensated for the damages suffered in such a case.

So the question is: What can YOU do as a victim?

Two possible procedures:

As a victim, You can choose to sue the Medical Accident Fund or sue the Court.

The Medical Accident Fund:

The Medical Accident Fund is a government-created body whose mission is to independently assist victims of medical errors or medical accidents.

If You believe You have been a victim of medical malpractice or a medical accident, You can open a case with the Medical Accident Fund through your medical malpractice attorney at no charge.

The Fund will judge whether the file is admissible after receiving a fully completed application form accompanied by the necessary documents.

To the extent that this is the case, the Fund will appoint its own expert.

This expert will initially have to judge whether medical malpractice has occurred.

To the extent that this is the case, the expert will also estimate the physical consequences and You will be able to claim compensation.

The calculation of compensation is a particularly complex matter so it is definitely not an unnecessary luxury to be assisted by a specialized medical law attorney.

However, the Fund may also consider that, strictly speaking, there is no medical malpractice but rather a medical accident.

A medical accident occurs when a complication occurs that is rare and has serious consequences.

In that case, it is called a medical accident without liability (MOZA).

There is a medical accident without liability when there is abnormal and serious injury resulting from a complication.

Serious harm occurs when one of the following criteria is met:

  • A permanent disability of 25% or more.
  • A temporary disability for six consecutive months or six nonconsecutive months over a 12-month period.
  • Particularly severe damage, even economically, to the patient’s living conditions.
  • The death of the patient.

Whether there was medical malpractice or a medical accident has no bearing on compensation.

In other words, YOU as the victim will always be compensated.

Court proceedings:

In addition to proceedings before the Medical Accident Fund, You as a victim can always choose to initiate proceedings in court.

In that case, however, YOU will have to prove the existence of medical malpractice.

A medical accident is not enough.

This heavy burden of proof is often a major obstacle to litigation in court.

As a victim, you will have to convince the court that there are sufficient suspicions that the medical provider did not act properly.

In that case, the court may be asked to appoint an expert.

This expert will then have to judge whether there has been medical malpractice on the one hand and in the affirmative case what the consequences are for the victim.

For such proceedings, the assistance of an attorney medical malpractice is obviously an absolute necessity.

FMO or Court: Which should I choose?
Your medical malpractice attorney will help you make the right choice!

Choosing between the two possible paths is often difficult.

After all, every procedure has advantages and disadvantages.

Therefore, it is appropriate to hire a medical malpractice attorney.

The main advantage of the Medical Accident Fund procedure is that it is free of charge.

After all, the Medical Accident Fund itself will cover the costs of the expert it appoints.

The downside, however, is the lead time.

Medical Accident Fund proceedings easily take three years!

Proceedings in court are often faster.

The disadvantage, however, is that the burden of proof is on the victim at that point.

In other words, the victim will have to make a plausible case of medical malpractice to convince the court to appoint an expert.

It is then also the victim who will have to advance the costs of the court expert.

It is only when the court finds that medical malpractice was committed that the health care provider or its insurer will have to reimburse the expert’s fees.

Given this financial disadvantage, it is often advisable to litigate in court only if You can claim legal aid insurance.

Contact us without obligation for an appointment.

Peterfreund & Associates: your law firm in Antwerp.

Korte gevangenisstraffen

The enforcement of short prison sentences: new regime from Sept. 1, 2023

New arrangement

We already explained the new regulation in a previous blog.

Until today, this arrangement applied to sentences up to a maximum of two years.

The changes

Information obligation of the director

The director of the prison must explicitly inform the convicted person of the possibility of applying for a sentence modality at the start of his sentence execution or within a period of less than four months.

Punishment modality from freedom

Convicts with sentences up to and including 18 months are immediately subject to the time conditions for “limited detention” and “electronic monitoring.”
This includes convicts whose sentences, after calculating the pre-trial detention already served and the date of conditional release, show that they are immediately eligible for electronic monitoring or limited detention.

The purpose of the present bill, then, is to put into practice the legislature’s intention in 2019 to provide for the application of a sentencing modality from liberty.

The creation of a multi-step plan was necessary for this purpose:

  1. Enforcement of the custodial sentence by the prosecution: the prison bill is given to the convicted person through the police department
  2. Prison enrollment : within five days
  3. Immediate deposit of a written request electronic monitoring/restricted detention: with suspension of the execution of the custodial sentence and suspension of the statute of limitations of the sentence
  4. Self-offering: those convicted who spontaneously acted on the prison bill
  5. Opinions: optional by the director of the prison and/or the public prosecutor (with imposed deadline provided for in article 33§1 Law 2006) or request to the competent services of the Communities to carry out a summary information report or social survey
  6. Responsabilization of the convicted person/compilation of file: information on his personal situation, to be deposited at the registry of the criminal execution court within 15 days (possible counter-directions provided for in article 28 law of 2006)
  7. Exclusion of sex crimes and terrorist crimes: necessary specialized advice
  8. Order for detention by the public prosecutor during the period of suspension of sentence enforcement: if a convicted person poses a serious danger to the physical or psychological integrity of third parties during the suspension of sentence enforcement and effective deprivation of liberty
  9. Decision sentencing judge: within the month

This arrangement already applied to sentences between two and three years.

From September 1, 2023, this rule will also apply to short prison sentences of less than two years!

To the extent that you receive a jail bill as a convicted person, it is critical that you seek the advice of a criminal defense attorney.

Do you have any questions about this item? Contact Peterfreund & Associates your lawyer in Antwerp!

Attorney rape

Rape and the importance of legal representation

As rape attorneys, we have been assisting our clients for more than 20 years.

Rape is the most serious sex crime.
What should be understood by rape in Belgium was often a point of discussion.
Indeed, the question arose whether only an act of penetration with the male genitals should be understood as rape or whether other acts could also be considered as such.

What is meant by rape is found in the new Article 417/11 of the Criminal Code.

“Rape is any alleged act consisting or partly consisting of a sexual penetration of any kind and by any means, committed on a person or with the aid of a person who does not consent to it. This crime is punishable by imprisonment from ten years to fifteen years.”

This means that oral gratification without consent should also be considered rape just as penetration with any part of the body or even with other devices such as a vibrator constitutes rape insofar as the victim does not give valid consent.

Whereas rape was previously punishable by incarceration of five to 10 years, the legislature has increased this to incarceration of 10 to 15 years, which is a significant aggravation.

Moreover, in the presence of aggravating circumstances, the sentence may be increased to a maximum of 30 years of incarceration.

Given these very severe penalties, it is of the utmost importance for the defendant to be assisted by a rape lawyer.

It also goes without saying that rape is a very traumatic experience for a victim.

We assist you from beginning to end and not only in purely legal matters.
Also when you need a listening ear you are more than welcome with us.
We will also gladly guide you in finding all necessary psychological help and assistance.

Our role as rape attorneys therefore goes far beyond the purely legal.

False declaration:

A rape complaint is often a classic means of pressure or blackmail used when one person wants to pressure another.

However, if it turns out that a false report of rape was made, the person who made the false complaint will expose himself to prosecution for defamatory reporting.

Assistance by a lawyer:

Given the seriousness of rape cases as well as the particularly traumatic experience for the victim, it is of utmost importance for both the perpetrator and the victim of a rape case to be assisted by a criminal lawyer with expertise.

Our firm has extensive experience with sex cases in general and rape cases in particular.

Contact us soon

fonds voor medische ongevallen

Medical accident without liability (MOZA): what’s that critter?

Als advocaat medisch recht hebben wij in vorige blogberichten reeds de procedures overlopen die U als patiënt  kunt voeren indien U slachtoffer bent geweest van een medische fout.

Hierbij dient het onderscheid gemaakt te worden tussen een klassieke procedure voor de rechtbank enerzijds en een procedure voor het Fonds voor Medische Ongevallen.

MOZA: Wat is dat?

Indien er geen sprake is van een medische fout, kunt U als slachtoffer zich niet tot de rechtbank wenden.

Is alle hoop dat verloren?

Niets is minder waar.

Immers voorziet de wet dat het Fonds voor Medische Ongevallen bevoegd is om in gevallen waarbij strikt genomen geen medische fout begaan werd, tot vergoeding over te gaan.

Dit betreft het geval van een medisch ongeval zonder aansprakelijkheid ofwel kortweg MOZA.

 

TOEPASSINGSVOORWAARDEN:

Om een vergoeding te krijgen van het FONDS wanneer is er sprake is van een medisch ongeval zonder aansprakelijkheid moet de schade een abnormaal en ernstig karakter hebben.

ERNSTIGE SCHADE:

De schade wordt als ernstig beschouwd in volgende gevallen:

  • Een blijvende invaliditeit van 25% of meer.
  • Een tijdelijke arbeidsongeschiktheid van 6 maanden.
  • Bijzonder zware schade voor de levensomstandigheden van de patiënt.
  • Overlijden van de patiënt.

ABNORMALE SCHADE:

Het volstaat echter niet dat de schade ernstig is om een vergoeding te krijgen van het FONDS.

Immers moet de schade ook abnormaal zijn.

Wat bedoelt men hiermee?

De schade is abnormaal wanneer de complicatie in kwestie gelet op de stand van de wetenschap maar zelden voorkomt.

M.a.w. indien U als patiënt U absoluut niet moest verwachten aan een dergelijke complicatie.

Het abnormaal karakter van de schade is geen exacte wetenschap.

Immers is het zo dat de wet een bepaald percentage preconiseert.

De wet had vb. kunnen verduidelijken dat een bepaalde complicatie abnormaal is wanneer deze zich voordoet in minder dan 1% van de gevallen.

De wetgever heeft hier echter niet voor gekozen.

Dit betekent dan ook dat het Fonds voor Medische Ongevallen zelfs zal kunnen bepalen of de schade een abnormaal karakter heeft of niet.

Het is dan ook zeer belangrijk dat U zich bij de procedure voor het Fonds voor Medische Ongevallen laat bijstaan door een gespecialiseerde raadsdokter en een advocaat Medisch Recht.

Heeft U vragen over Medisch Recht?

Contacteer ons. We zullen u met raad en daad bijstaan.

Lawyer slander and defamation

Slander and defamation: what exactly is it:

As slander and defamation lawyers, we advise and assist our clients.

But what exactly is slander and defamation?

Definition: The Criminal Code does not talk about slander and defamation of honor but rather the assault on the honor or good name of persons.

A definition of what is to be understood by this is found in Article 443.

This article reads as follows:

“He who, in the cases hereinafter indicated, maliciously charges a person with a particular fact, which may injure his honor or expose him to public contempt, and the legal proof of which is not produced, is guilty of slander, when the law admits proof of the fact charged, and of defamation, when the law does not admit such proof.”

The legal requirements for slander and defamation are therefore:

* Malice.

* Charge a specific fact to a person.

* Where that fact may injure his honor or expose him to public contempt.

In the first instance, therefore, there must be bad faith.

Bad faith is not presumed and must therefore be demonstrated.

Furthermore, there must be a charge of a well-defined fact against a person.

It should be about fact and not about anything else.

If there is no charge then at most there can be insults.

Finally, there must be a certain amount of disclosure.

Thus, formulating a mere allegation is not sufficient.

This should be done either in public meetings or places or in a place that is not public but that is frequented by several persons who have access to that place to meet or visit it or any place where the offended person and witnesses are present.

Written allegations can also constitute facts of slander and defamation.

In this case, too, there must be publicity.

In other words, a letter or an e-mail to the person who is himself insulted cannot possibly be considered slander and/or defamation.

Difference between libel and defamation:

Now is there a difference between slander and defamation or are they synonyms?

There is indeed a difference.

Slander refers to false allegations of facts whose proof is permitted by law.

Honor robbery involves false allegations for which the law does not permit proof.

When a particular person holds a public capacity, evidence by any means is admissible.

Allegations against a person of facts belonging to private life can only be proven by a judgment or authentic act.

Blasphemous declaration:

Formulating a defamatory report to the government is also punishable by law.

This is provided for in Section 445 Sw.

Defamation refers to a report or complaint to the government.

In addition, there must be written submission of this complaint.

It should not be overlooked here that there must always be bad faith.

Therefore, this means that the perpetrator must have the intent to harm the targeted person.

Insults:

Insulting a physical or a legal person is also punishable, this under Section 848 Sw.

An insult is the expression of an opinion that does not necessarily involve the charging of a particular fact.

Otherwise, the conditions for insults are the same as for slander and/or defamation.

Assistance by a lawyer:

If you are suspected of slander, defamation or libel, or if you have just been the victim of these crimes, you should seek the assistance of a specialist in these matters.

Assistance to victims:

If YOU are or have been a victim of slander, defamation or insults, there are several options available to you to do something about it.

In addition to a complaint to the police, a complaint with B.P. may also be filed in the hands of the appropriate investigating judge.

Civil proceedings are also a possibility.

Finally, You can turn to the Interlocutory Court to possibly prohibit the perpetrator from spreading certain messages about Your person in the future.

Assistance to suspects:

Are You suspected of slander, defamation or threats?
Even then You can call on our specialized assistance.

We can assist You both in the police and in the courts.

Do you have any questions about this?

Contact us soon

Lawyer Peterfreund, your lawyer Antwerp!

voorafgaande-erkenning-schuld

The prior admission of guilt: Who?What?How?

Although the prior admission of guilt has existed for a number of years, it has been little used to date.

This appears to be slowly but surely changing as several prosecutors are promoting prior admission of guilt.

While to many the term prior admission of guilt will mean little, its English-language counterpart is more familiar: so-called “plea bargaining.”

It refers to the situation where the Public Prosecutor and the defendant negotiate an agreement whereby the defendant receives a certain punishment.

Potential benefits:

Both for the OM and the accused, this procedure has many advantages.

 

For the parquet:

  • This procedure gains capacity now that there is less discussion on criminal matters.
    There is also no possibility of appeal.
  • Time savings: the duration of a sentencing phase in criminal matters is significantly shortened and the correctional court is relieved.
  • Effectiveness: this procedure gives a guaranteed and faster punitive enforcement of asset sanctions.

The so-called VES (prior admission of guilt) also offers advantages for the defendant:

  • Speed and certainty of outcome.
  • Participation and consensus within criminal procedure.
  • The OM may propose lower penalties than it believed it should seek.
  • Final review and ruling by an impartial criminal judge.

Legal framework to establish prior admission of guilt:

The legal framework is provided in Article 216 Sv.

A VES procedure is not possible for all cases.

First, the law states that VES proceedings can only be conducted in cases where the OM would seek a prison sentence of up to 5 years.

There is also a list of excluded crimes, these include the most serious crimes such as:

  • Murder
  • Sex crimes
  • Prostitution
  • Crimes theoretically punishable by 20 years of incarceration or more

Procedural safeguards:

When VES proceedings are initiated, the law grants a number of safeguards to the accused.

Thus, there is mandatory assistance of a lawyer.

It is therefore important to have YOU assisted by a criminal lawyer.

In addition, the defendant will have access to the criminal file.

When an agreement is reached, the defendant always has a 10-day cooling-off period.

If the procedure does not lead to an agreement, all documents relating to the procedure of prior admission of guilt will be removed from the file.

This provides an additional guarantee of impartial assessment by the criminal court in subsequent proceedings.

Policy Choices Parquet:

The various Prosecutors’ Offices have already indicated that they will promote the prior recognition of guilt procedure.

IN ANTWERPEN, the Prosecutor’s Office expects that in the context of a VES, the defendant will provide the total amount of the agreed asset sanctions even before the agreement is signed.

This should then guarantee that the agreed fines will effectively be paid.

In addition, the Prosecutor’s Office is committed to an integrated victim-centered approach.

Hereby, a civil agreement is sought with all the victim as additional conditions for signing a VES.

Initiative:

Of utmost importance is to emphasize that both the O.M. and the defendant themselves can initiate VES proceedings.

Do You have questions about the prior admission of guilt?

Contact Peterfreund & Associates, your attorney in ANTWERPEN.

Advocaat Echtscheiding

Adultery and divorce

GUILTLESS DIVORCE:

In the past, and private detectives had their hands full with alleged determinations of adultery.

Indeed, it was the case that a divorce was pronounced by the court only on the basis of the fault of one of the spouses.

Therefore, when adultery could be proven, the discussion was fairly quickly settled.

Nowadays there is the so-called “guiltless divorce.”

This means that to obtain a divorce, it is no longer necessary to prove the guilt of one of the spouses.

As divorce attorneys, we are then very frequently asked whether establishing adultery still makes sense.

IRREPARABLE DISRUPTION:

Indeed, nowadays it is enough to show that there is an irretrievable breakdown of the marriage to have a divorce granted by the court.

This irreparable disruption may be proven by all means of law.

However, even if there is no irreparable disruption, the court will be able to grant the divorce if both spouses agree.

If one of the spouses does not agree, the court will adjourn for one year.

However, if adultery is proven, the court will be able to grant the divorce immediately even if the other spouse does not agree.

ADULTERY AS A GRAVE FAULT:

Even if both spouses agree to divorce, it may be helpful to prove adultery.

This is particularly the case when the adulterous spouse intends to make a claim in personal maintenance.

The law provides that when there is serious fault on the part of the spouse entitled to maintenance, the court may refuse to award personal alimony.

Therefore, this is particularly the case when the spouse claiming alimony has been in an adulterous relationship.

If this can be demonstrated, in most cases the court will be able to be convinced to dismiss the claim in alimony.

ALLOCATION OF FAMILY HOUSING:

Often there is also discussion between spouses about who will be allowed to continue to occupy the family home after the divorce and possibly buy the family home from the other spouse.

In that case, too, it may be useful to appeal a finding of adultery.

After all, there is a very good chance that if adultery is proven to be chargeable to one of the spouses, the other spouse will be given the right by the court to remain in the family home.

It will be up to the adulterous spouse to leave the home.

Do you have questions about divorce?
With more than 20 years of experience, we are happy to help. Contact us!

Peterfreund & Associates, your divorce lawyer.

Advocaa

Divorce or fighting divorce: get assistance!

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