{"id":19477,"date":"2026-11-04T08:00:00","date_gmt":"2026-11-04T07:00:00","guid":{"rendered":"https:\/\/www.peterfreundlaw.be\/?p=19477"},"modified":"2026-11-02T22:15:38","modified_gmt":"2026-11-02T21:15:38","slug":"arrest-warrant-belgium","status":"publish","type":"post","link":"https:\/\/www.peterfreundlaw.be\/en\/arrest-warrant-belgium\/","title":{"rendered":"Arrest warrant in Belgium: what happens in the first 48 hours?"},"content":{"rendered":"

An arrest warrant in Belgium (aanhoudingsbevel) is the decision of the investigating judge (onderzoeksrechter) to keep a suspect in detention for longer. That decision falls within 48 hours of the arrest, after a hearing at which the lawyer may be present. Within five days, the council chamber (raadkamer) then decides.<\/p>\n

What is an arrest warrant in Belgium?<\/h2>\n

An arrest warrant is a written, reasoned decision of the investigating judge that allows the detention to continue after 48 hours.<\/p>\n

The warrant states the offence, the legal provision that applies and the reasons why the judge considers detention necessary.<\/p>\n

An arrest warrant is not a punishment. The law expressly forbids using detention as a penalty or as immediate punishment.<\/p>\n

Nor is it a European arrest warrant. That one serves to surrender a person between EU countries and has its own rules.<\/p>\n

From arrest to arrest warrant in four steps<\/h2>\n

Between the arrest and the arrest warrant lie four steps, which together must fit within 48 hours.<\/p>\n

Step 1: Arrest and police questioning<\/h3>\n

The police arrest the suspect and question him. Before that questioning he has the right to a confidential consultation with a lawyer.<\/p>\n

Step 2: The public prosecutor calls in an investigating judge<\/h3>\n

The public prosecutor (procureur des Konings) decides whether to release the suspect or to place him at the disposal of an investigating judge.<\/p>\n

Only an investigating judge can issue an arrest warrant. The prosecutor cannot.<\/p>\n

Step 3: The hearing before the investigating judge<\/h3>\n

Before issuing an arrest warrant, the investigating judge must question the suspect and hear his comments.<\/p>\n

The suspect may be assisted by his lawyer at that hearing, and the lawyer may also make comments.<\/p>\n

The judge informs the lawyer in time of the place and time of the hearing.<\/p>\n

In practice this hearing is called the appearance before the judge (voorleiding). Family does not attend.<\/p>\n

The hearing takes place in Dutch in Flanders. A suspect who does not understand Dutch has the right to a free interpreter.<\/p>\n

Step 4: Decision and formal service<\/h3>\n

The investigating judge decides and has the arrest warrant formally served (betekend) on the suspect within 48 hours.<\/p>\n

If that time limit passes without a valid warrant, the suspect must be released.<\/p>\n

When can an investigating judge detain someone?<\/h2>\n

An investigating judge may only detain someone when it is absolutely necessary for public safety, with serious indications of guilt and for an offence of at least penalty level 2.<\/p>\n

The conditions at a glance:<\/p>\n

    \n
  1. There are serious indications of guilt.<\/li>\n
  2. The offence can lead to a penalty of level 2 or higher.<\/li>\n
  3. Detention is absolutely necessary for public safety.<\/li>\n
  4. For offences with a maximum penalty up to level 4 (level 3 for some offences), there must also be serious reasons to fear that the suspect will commit new offences, flee, make evidence disappear or collude with others.<\/li>\n<\/ol>\n

    The judge must write out those reasons in the warrant, with the concrete circumstances of the case.<\/p>\n

    Under the old Criminal Code this rule worked with years of imprisonment.<\/p>\n

    Texts that still mention a threshold of one year or fifteen years are no longer up to date.<\/p>\n

    What each level means is set out in our post on the new Criminal Code and its eight penalty levels<\/a>.<\/p>\n

    The possible decisions of the investigating judge<\/h2>\n

    After the hearing, the investigating judge has roughly five options, from release to an arrest warrant in prison.<\/p>\n

    \n\n\n\n\n\n\n\n\n\n
    Decision<\/th>\nWhat it means<\/th>\n<\/tr>\n<\/thead>\n
    Release without conditions<\/td>\nThe suspect goes home; the investigation can continue.<\/td>\n<\/tr>\n
    Release under conditions<\/td>\nThe suspect goes home but must keep to conditions, for at most three months and renewable.<\/td>\n<\/tr>\n
    Release on payment of a security (borgsom)<\/td>\nThe suspect is only released after a sum has been paid in.<\/td>\n<\/tr>\n
    Arrest warrant with electronic monitoring<\/td>\nThe detention is served at home, with an ankle tag.<\/td>\n<\/tr>\n
    Arrest warrant in prison<\/td>\nThe suspect stays in prison until the council chamber decides.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

    The security deposit (borgsom) is what English speakers often call bail.<\/p>\n

    There is no separate bail hearing in Belgium: the judge, or later the council chamber, decides on it as part of release under conditions.<\/p>\n

    Public prosecutor and investigating judge: who does what<\/h2>\n

    The public prosecutor prosecutes on behalf of society; the investigating judge is an independent judge who leads the investigation and decides on detention.<\/p>\n

    The prosecutor decides on the arrest in the first hours and can call in an investigating judge.<\/p>\n

    He is later also a party at the council chamber.<\/p>\n

    The investigating judge investigates both for and against the suspect (\u00e0 charge and \u00e0 d\u00e9charge).<\/p>\n

    He can, among other things, order house searches, hear witnesses and issue an arrest warrant.<\/p>\n

    After the arrest warrant: lawyer, contact and council chamber<\/h2>\n

    After the arrest warrant the suspect may immediately speak freely with his lawyer, and within five days the first hearing of the council chamber follows.<\/p>\n

    The investigating judge can, however, forbid contact with people other than the lawyer.<\/p>\n

    Such a general ban lasts at most three days and cannot be renewed.<\/p>\n

    That is why the family sometimes cannot visit in the first days.<\/p>\n

    The council chamber checks whether the warrant is lawful and whether detention is still needed. Read more about what happens at the council chamber hearing<\/a>.<\/p>\n

    Later hearings follow a fixed rhythm. One of its rules is explained in the two-month extension after the fourth appearance<\/a>.<\/p>\n

    Which law applies?<\/strong> The arrest warrant is governed by the Pre-trial Detention Act of 20 July 1990 (Wet voorlopige hechtenis). Since 1 September 2026, its article 16 refers to the penalty levels (strafniveaus) of the new Criminal Code.<\/p>\n

    Frequently asked questions<\/h2>\n

    What does an investigating judge do?<\/h3>\n

    An investigating judge leads a judicial investigation, usually in more serious cases or when measures such as a search or detention are needed. He gathers evidence for and against the suspect. During the investigation, he is the only one who can issue an arrest warrant.<\/p>\n

    What are serious indications of guilt?<\/h3>\n

    These are concrete elements in the file that point to the suspect having committed the offence. The Dutch term is "ernstige aanwijzingen van schuld". It is not proof of guilt: the suspect remains presumed innocent.<\/p>\n

    What happens when the 48 hours are over?<\/h3>\n

    If no arrest warrant has been served within 48 hours, the suspect must be released. The investigation can simply continue afterwards.<\/p>\n

    Can I appeal against the arrest warrant itself?<\/h3>\n

    There is no direct appeal against the investigating judge’s warrant. The review is done by the council chamber, and its decision can be appealed.<\/p>\n

    Contact our office with your questions<\/h2>\n

    If there is an arrest warrant, the first hearing of the council chamber is the next chance to challenge the detention or to ask for release under conditions.<\/p>\n

    Our office assists suspects in criminal law in Antwerp and the surrounding area<\/a>.<\/p>\n

    Call our office on working days on +32 476 22 04 02, or send us a message through the contact form<\/a>.<\/p>\n