Criminal justice: what are the alternatives to a trial?
Verified 09 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Instead of having the offender tried by a criminal court, the public prosecutor may decide to put in place alternative measures to prosecution. The public prosecutor may, for example, ask the perpetrator to make reparation for the victim, not to visit certain places or to conduct a traineeship. We are presenting all of these measures.
The objective of alternative measures to prosecution is to ensure compensation for the damage caused to the victim, to put an end to the the offense and to prevent the perpetrator from reoffending.
If the perpetrator does not comply with the measure that is imposed on him or if the measure cannot be implemented, the prosecutor can draw all the consequences. For example, they may decide to prosecute the person in order to have him tried.
Since 1er January 2023, reminder of the law is deleted and replaced by the probationary criminal warning. This action takes the form of a warning interview followed by a period of testing.
Conditions for implementation
The probationary criminal warning can be put in place if the alleged offense is a offense or a contravention.
Please note
The measure cannot be used if the facts clerks are violence or constitute a offense against a person depositary of public authorityor holding a public elected office.
The perpetrator can only benefit from this alternative measure to prosecution if he admits to having committed the offense which is blamed on him and if he has no criminal record. A repeat offender or a person who has already been convicted has not amnesty or rehabilitated cannot benefit from the probationary criminal warning.
Probative criminal warning is possible for individuals major or minor. However, if the minor author needs educational follow-up, the measure is not possible.
FYI
If the author is a minor, his legal representatives are summoned and give their agreement on the implementation of the measure.
Warning action is possible only if the victim of the crime obtains compensation for his loss. This repair must either have taken place before the warning interview or be an additional measure in addition to the probative criminal warning.
Warning maintenance
The probationary criminal warning is an interview conducted by the Public Prosecutor or a delegate of the Public Prosecutor.
The purpose of the interview is to remind the perpetrator of an offense what the law says and the penalties he faces for not respecting it.
The accused person may be assisted by a lawyer during this interview.
The perpetrator must prove that he compensated the victim of the crime before the interview. If this is not the case, it is mandatory that the probationary criminal warning be combined with a measure to compensate for the victim's harm.
Probation period
From the date of delivery of the warning opens a probationary period. This is a period during which the perpetrator must not commit a new offense.
The period is 1 year in case of contravention and 2 years in case of offense.
If the person commits a new offense during the probationary period, the public prosecutor must review his decision on the original offense. He can replace the probationary criminal warning by a penal composition or by prosecution before a criminal jurisdiction.
The new offense may be the same or different from the first.
The perpetrator may be directed to a health, social, or occupational structure to take one of the courses following:
- Internship (reminder of Republican values)
- Awareness training on the dangers of using narcotic drugs
- Road safety awareness course (in the event of an offense while driving a vehicle)
- Accountability course for preventing and combating violence within the couple
- Awareness-raising course on combating the purchase of sexual services (in the context of combating prostitution)
- Parental Responsibility Internship (reminding parents of their rights and duties)
- Training course on combating sexism and raising awareness on gender equality
This internship must be paid by the perpetrator.
Please note
If the perpetrator is a minor, his legal representatives are called before the measure is introduced. They have to agree. The prosecutor sets the share of the internship fees to be paid by the parents.
The perpetrator of the minor offense may be referred to a civic training course or to a psychiatrist or psychologist.
Please note
The prosecutor may ask the minor and his legal representatives to show proof of attendance from the minor to education or vocational training.
The public prosecutor may give the perpetrator the opportunity to comply with the law or regulations.
For example, the perpetrator may regularize his situation the following ways:
- Obtain an unrequested building permit before the work is carried out
- To relinquish to the State the thing which permitted the offense or the thing which is the result of the offense
- Bringing a vehicle into compliance with the law
- Pay maintenance that was no longer paid.
The perpetrator must bring the evidence that he regularized his situation by presenting the necessary document (building permit accepted, invoice for conformity of the vehicle...). The success of the measure allows the perpetrator to escape prosecution.
Please note
If the perpetrator is a minor, his legal representatives are called before the measure is introduced. They also have to agree.
The prosecutor may ask the perpetrator to make reparation for the damage caused to the victim. Repair may, for example, consist of compensation or the restoration to good condition degraded property.
Repair can also consist of reimbursement emergency assistance to the victim of domestic violence.
The victim is informed proposals for redress. She can accept or refuse.
Please note
If the perpetrator is a minor, his legal representatives are called before the measure is introduced. The minor and his or her legal representatives must give their consent by means of a written statement.
If the damage concerns the property of a commune, the prosecutor may ask the perpetrator to respond to a summons from the mayor. This summons allows the author of the facts to conclude a transaction with the City Hall.
The prosecutor may forbid to the perpetrator to travel to one or more specified places in which the offense was committed (a bar, a market, a gym, etc.).
It may also prohibit the perpetrator from visiting the place of residence of the victim.
The measure shall be decided for a period of Maximum 6 months.
At the request of the victim, in cases of domestic or family violence which may be repeated, the prosecutor may prohibit the perpetrator from to approach and reside at home. This measure shall be decided for a maximum period of six months. The measure may be accompanied by health, social or psychological care for the perpetrator.
Please note
If the perpetrator is a minor, his legal representatives are called before the measure is introduced.
The public prosecutor may ask the perpetrator to not to meet or connect with with the following:
- Victim
- Accomplice
- Co-author.
The ban is for a maximum period of 6 months.
Please note
If the perpetrator is a minor, his legal representatives are called before the measure is introduced.
At the request or with the consent of the victim, the prosecutor may order a criminal mediation.
The aim of this measure is to to resolve the dispute amicably.
If successful, a agreement report is signed between the mediator, the victim and the perpetrator.
Please note
If the perpetrator is a minor, his legal representatives are called before the measure is introduced. They also have to agree.
The public prosecutor may ask the perpetrator to pay a citizen contribution with a victims' aid association.
The amount of this contribution shall be determined by the public prosecutor in the seriousness of the facts, the resources and the burdens of the perpetrator.
The maximum amount is €3,000.
The penal composition is a alternative procedure to prosecution.
It may be proposed by the public prosecutor for certain offenses (drug use or the drunk driving for example) and for tickets related.
This procedure is addressed to the natural person (major or minor) or legal person, who admits his guilt.
Please note
If it is a minor, he must give his consent and his legal representatives, in the presence of a lawyer.
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