With a release under conditions in Belgium (vrijlating onder voorwaarden), a suspect stays free or is released, provided he keeps to certain rules. The investigating judge sets them for at most three months and can extend them each time. Anyone who breaks a condition risks a new arrest warrant.
Who decides on a release under conditions in Belgium?
Usually the investigating judge (onderzoeksrechter) sets the conditions instead of issuing an arrest warrant.
The council chamber (raadkamer) and the indictment chamber can do so too.
This is only possible when the legal conditions for detention are met.
A release under conditions is therefore a milder measure, not an ordinary release.
The investigating judge can decide this on his own, at the request of the public prosecutor (procureur des Konings) or at the request of the suspect.
Each condition must be explained in the decision (beschikking).
If the court had you arrested immediately when it sentenced you (onmiddellijke aanhouding), other rules apply.
The decision is written in Dutch.
Which conditions are possible?
The law gives no closed list: each condition must match a concrete risk, such as flight, new offences or contact with witnesses.
Examples of conditions:
| Condition | The risk it addresses |
|---|---|
| Live at a fixed address and report every move | Risk of flight |
| Not leave the country, or hand in the identity card | Risk of flight |
| No contact with certain people, such as witnesses or the victim | Contact with witnesses or pressure on the victim |
| Stay away from certain places or neighbourhoods | New offences |
| No activities involving minors | New offences |
| Follow counselling or treatment | New offences, for example with an addiction |
| Commit no new offences | New offences |
The judge must tailor the conditions to the person and the case.
That is why what the lawyer can show about your situation counts.
A fixed address, a job or counselling already arranged can weigh in the choice of conditions.
Can your family member live with you, or can you help with an appointment with a counsellor? Tell the lawyer before the hearing.
So read the decision word for word.
A contact ban can also cover messages and social media. If in doubt, ask your lawyer.
The security deposit in short
A security deposit (borgsom) is a sum you must pay in full before the release is carried out.
English speakers often call it bail.
In Belgium it is not a separate hearing and there are no bail agents: the judge sets it as one of the release options.
You pay the deposit to the Deposit and Consignment Office (Deposito- en Consignatiekas), not in cash at the prison.
You get it back if you appear at every step of the proceedings and at the enforcement of the judgment.
If you stay away without a valid reason, it can be forfeited to the State.
How long do the conditions apply?
During the investigation, the conditions apply for at most three months.
The investigating judge can extend them each time by at most three months.
That extension must come before the term runs out. If it does not, the conditions lapse.
During the investigation, the investigating judge can also lift or change conditions, or grant an exemption.
You can ask the council chamber (raadkamer) for that yourself.
If the case is sent to the criminal court, the council chamber decides whether the conditions stay in force until there is a final judgment. It can no longer impose new conditions then.
The house of justice (justitiehuis), the local service that supervises people under judicial conditions, can do the follow-up and reports to the investigating judge. The police check the bans.
What happens if you break a condition?
If you break a condition, the investigating judge or the court can issue an arrest warrant.
That means you can end up in prison again. If the investigating judge issues the warrant, a new hearing of the council chamber follows. Read more about what happens at a council chamber hearing.
Those hearings then come back at fixed intervals, as explained in the two-month extension after the fourth appearance.
A small breach can count too, such as a message to a person you may not contact.
When a condition turns out not to work
If a condition turns out not to work in practice, do not change anything on your own: ask for a change.
Step 1: Read the decision again
Check exactly what it says and until when the condition applies. Keep the decision somewhere you can find it quickly.
Step 2: Call your lawyer before you do anything
A new job, a move or a family event abroad: discuss it first. Your lawyer knows whether an exemption is possible.
For expats, a ban on leaving Belgium often touches a trip home. Plan such a trip only after the judge has decided.
Step 3: Ask for a change or an exemption
Your lawyer files the request with the council chamber (raadkamer), which must decide within five days. Wait for the decision before you set the condition aside.
Which law applies? Release under conditions is governed by articles 35 to 38 of the Pre-trial Detention Act of 20 July 1990 (Wet voorlopige hechtenis), which still applies next to the new Criminal Code.
Frequently asked questions
Can I appeal against the conditions?
There is no direct appeal against conditions set by the investigating judge; you can ask the council chamber to change or lift them. A decision of the council chamber can be appealed within 24 hours to the indictment chamber (kamer van inbeschuldigingstelling).
Can I travel if I am released under conditions?
That depends on your conditions. If they include a travel ban, first ask for an exemption through your lawyer.
Are the conditions a punishment?
No. They apply during the investigation, while you remain presumed innocent. Only a court can impose a sentence, after a judgment.
What are the conditions for pre-trial detention in Belgium?
These are the legal conditions for detention: serious indications of guilt, absolute necessity for public safety and an offence of at least penalty level 2. The levels are explained in our post on the eight penalty levels of the new Criminal Code. The same conditions must be met before a judge can release someone under conditions.
Discuss your conditions with a lawyer
If you are released under conditions, or a hearing is coming at which release is possible, you can contact our office with your questions.
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.
