The Belgian legal authorities consider the war on drugs as one of their top priorities.
if you are suspected of having committed a drug related criminal offence, the importance of a professional criminal defence lawyer to assist you, cannot be overestimated!
Arrest: the first 48 hours
When a suspect is arrested by the police, he will first be interrogated. EVERY suspect has the right to be assisted by a lawyer during his interrogation.
Once the interrogation is over, the police will contact the prosecutor who will decide if an arrest warrant will be issued.
If this is the case, the suspect will need to appear before an investigative judge who needs decide to confirm the arrest within 48 hours. The judge can also decide to set the suspect free or to impose certain conditions for the lifting of the arrest warrant.
First hearing
If the investigative judge confirms the arrest, the suspect of the drug crime will need to appear before the “Raadkamer” which is part of the Court of First Instance, within 5 days after the issuance of the arrest warrant.
Just as the investigative judge the court will either lift the arrest warrant, confirm it or set conditions for the liberation of the suspect.
One of the conditions that is often granted is the bail. In that case, the suspect will be set free as soon as the amount of the bail has been transferred to the authorities. The bail will be retuned when the file is closed or after a judgment on the merrits has been pronounced.
Confirmation of the detention
If the arrest is confirmed by the “Raadkamer” the suspect can appeal this decision and will appear before the Court of Appeals within 15 days.
The suspect will need to appear before the court again after one month.
If the detention is confirmed twice, the detention will continously be confirmed or lifted every two months until a judgment on the merrits is issued.
In the meantime, the investigative judge can decide to set the suspect free at any given moment.
Appearance before the criminal court
Once the investigation is over, the suspect will be summoned to appear before the criminal court.
If the suspect is not being held in custody, a summons will be served.
It is of the utmost importance to be represented in court by an experienced criminal lawyer as the courts tend to issue very harsh sentences if the suspect fails to appear in court.
Are you suspected of having commited a drug related criminal offence? Contact Daniel Peterfreund, your criminal defence lawyer!
