In previous blog posts, we have commented on the process of honor restoration.
Indeed, as Criminal Law attorneys, we are very frequently questioned by clients who wish to start one with a clean slate.
The only way to comply with this is to ask for honor.
Territorial jurisdiction:
Anyone wishing to seek rehabilitation should do so to the Prosecutor’s Office of the district of his or her residence.
This means that those living in Antwerp must go to the Antwerp Prosecutor’s Office.
If you live in Kallo, you will have to go to the Dendermonde Prosecutor’s Office….
In itself, this would not be a problem were it not for the fact that the manner in which an application for rehabilitation is handled by the Prosecutor’s Office is not uniform.
This means that the different Prosecutor’s Offices each process the applications in their own way.
Active or passive?
Some Prosecutors’ Offices, such as the Antwerp Prosecutor’s Office, require the applicant to submit numerous documents and information.
Not only is the applicant expected to submit a copy of all judgments but also evidence of execution of all penalties, payment of all fines and costs etc…
The applicant must also prove that any victims were compensated.
Obtaining this information and documents is often not obvious and necessitates the intervention of a specialized lawyer.
When the file is then turned over to the Prosecutor’s Office and they deem that something is missing, simply the entire bundle is sent over again with the request to complete and resubmit it.
Understandably, this often causes frustration.
Certain Public Prosecutors’ Offices, such as the Ghent Public Prosecutor’s Office, take care of compiling a file themselves.
This means that you may then take a passive attitude as an applicant and submit only the information that the Prosecutor’s Office cannot obtain itself with the various services of the administration.
Such a procedure is obviously much more pleasant for the applicant.
Unification:
That the different Prosecutors’ Offices each handle the applications in their own way is not logical.
Therefore, it is our fervent wish that the Attorneys General would ensure that the procedure in all the Prosecutors’ Offices are uniform.
The legislature could also take the necessary initiatives in this regard.
For now, however, this is wishful thinking and it is best to enlist the services of a lawyer with expertise to guide you through the proceedings.
Do you wish to initiate an honor restoration procedure?
