If a family member is arrested in Belgium on suspicion of a crime, the arrest can last no more than 48 hours. Within that time your family member is released or brought before an investigating judge (onderzoeksrechter). You cannot attend the questioning, but you can calmly gather information and contact a lawyer.
What happens in the first hours after an arrest?
In the first hours your family member is taken to a police station, informed of their rights and usually questioned.
The questioning takes place without family. The law gives the family no right to visit during those first 48 hours.
A person who has been deprived of liberty has, among others, these rights:
- a confidential consultation with a lawyer before the first questioning, in principle 30 minutes;
- the assistance of that lawyer during the questioning;
- medical assistance;
- the right to have a third person of their choice informed.
That last right explains why you sometimes hear late.
The public prosecutor (procureur des Konings) or the investigating judge can delay that message with a reasoned decision.
That is only allowed when the investigation or someone’s safety urgently requires it.
Questioning in Flanders takes place in Dutch. If your family member does not understand Dutch, a sworn interpreter is called in, free of charge.
Administrative or judicial arrest: the difference
An administrative arrest (bestuurlijke aanhouding) restores public order and lasts no more than 12 hours. A judicial arrest (gerechtelijke arrestatie) concerns a crime and lasts no more than 48 hours.
| Administrative arrest (bestuurlijke aanhouding) | Judicial arrest (gerechtelijke arrestatie) | |
|---|---|---|
| What for | Public order, for example a fight or a demonstration | A crime someone is suspected of |
| Maximum duration | 12 hours | 48 hours |
| Who decides | A police officer with administrative police powers | The public prosecutor, then possibly the investigating judge |
| What follows | Release | Release, or being brought before the investigating judge |
If everything started with a search of the home, the rules for searches apply as well.
Family member arrested in Belgium: what you can do now
You help your family member most by staying calm, writing down the facts and contacting a lawyer in time.
Step 1: Write down what you know
Note when and where the arrest happened and which police zone (politiezone) was involved.
If the home was searched, also note what was taken and whether you received a document.
Such a timeline is useful for the lawyer later.
The time of the arrest, for example, decides when the 48 hours run out.
Step 2: Ask where your family member is held
You can contact the police zone and ask where your family member is being held.
How much you hear depends on the investigation.
Little information is not a bad sign in itself: the police may not share everything.
Step 3: Contact a lawyer for the next step
Your family member may choose a lawyer. The police make the contact through the bars’ on-call duty scheme (permanentiedienst), which also assigns a lawyer if they do not know one.
If your family member is then brought before the investigating judge, that hearing is the next important moment.
A lawyer who follows the file from the start can prepare that moment better.
The proceedings in Flanders are in Dutch.
Step 4: Gather practical details
Have ready what the lawyer can use:
- the address where your family member lives;
- details of work, studies or family;
- medical information, such as medication or a treating doctor.
If your family member takes daily medication, tell the police.
These details can also show that someone has a fixed address and a stable life in Belgium.
That counts when a judge decides on release.
What you had better not do
Do not discuss the facts by phone, message or social media, and do not contact witnesses or possible victims.
Such contact can be misunderstood.
The risk that someone agrees a story with others or makes evidence disappear is one of the grounds for detaining a person.
Leave items that may relate to the investigation as they are.
Do not share photos or messages about the arrest online either. Once shared, you cannot take it back.
After 48 hours: release or the investigating judge
After 48 hours at most, your family member is free, or the investigating judge has decided on an arrest warrant (aanhoudingsbevel) or a release under conditions.
A release does not mean the case is over.
The investigation can continue and later lead to a summons.
After an arrest warrant, the council chamber (raadkamer), a judge of the court of first instance, decides within five days on further detention.
After that, the hearings come back at fixed intervals. We wrote about one of those rules in the two-month extension after the fourth appearance.
Which law applies? An arrest in Belgium falls under the Pre-trial Detention Act of 20 July 1990 (Wet voorlopige hechtenis), which still applies next to the new Criminal Code and its penalty levels (Strafwetboek).
Frequently asked questions
What is the difference between an arrest and an arrest warrant?
An arrest is the first deprivation of liberty by the police, for at most 12 or 48 hours. Legally it is an administrative arrest (bestuurlijke aanhouding) or a judicial arrest (gerechtelijke arrestatie). The arrest warrant (aanhoudingsbevel) is something else: the investigating judge’s decision to keep someone in detention for longer.
Will I always be told when my family member is arrested?
Not automatically. Your family member can ask for someone to be informed. That message can be delayed for reasons of the investigation.
Can I appoint a lawyer for my family member?
You can contact a lawyer and pass on information. It is your family member who chooses the lawyer.
My family member is a minor. Do the same rules apply?
No. For minors the youth court judge (jeugdrechter) is competent and special rules apply. That procedure is outside the scope of this page.
Call our office with your questions
If your family member has been arrested and you have questions about the next steps, you can contact our office.
Our office assists suspects in criminal cases 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.
