Principles Of Criminal Procedure Policy Of Belgium

  • Yu.I. Mykytyn
Keywords: criminal procedure policy, sources of criminal procedure policy, principles of criminal procedure policy, criminal proceedings.


The article is devoted to the problems of analysis of the principles of criminal procedure policy of Belgium.

The study highlights and analyzes the constitutional principles of criminal procedure policy of Belgium, which include: 1) guarantee of personal freedom;2) inviolability of the right to judicial protection;3) legality;4) inviolability of housing;5) transparency of court proceedings;6) participation of the public in the administration of justice through a jury trial;7) independence of the court and the prosecutor’s office in the exercise of their powers; 8) the prejudicial principle.Different approaches to the classification of general principles of criminal procedure policy of Belgium, which are reflected in the Code of Criminal Procedure of this country, are also considered. Thus, the general principles include: 1) legality;2) the principle of priority of human rights;3) the principle of a fair trial. Another, more detailed classification, according to which the general principles include the following: 1) the division ofjustice into two stages («establishment of material truth» and «right to a fair trial»);2) the establishment of the truth is considered as the main purpose of criminal proceedings;3) the principle of publicity;4) the principle of free supervision;5) secrecy of pre-trial proceedings and publicity of court proceedings. Within this approach, the following principles related to evidence are distinguished separately:1) the principle of free choice (unlimited) means of proof; 2) the principle of admissibility of evidence; 3) the presumption of innocence; 4) the burden of proof, which is imposed on the public accuser — the prosecutor; 5) privilege (guarantee) against self-blame; 6) freedom of evaluation of evidence by internal conviction.

In fact, the two given classifications by content, reflecting the essence of the principles of criminal procedure policy of Belgium, basically coincide.

At the same time, the emergence of new principles of criminal procedure policy deserves special attention. These principles reflected in Section 1 of the Belgian Code of Criminal Procedure, which strengthens the integration of this country as a member of the European Community. These principles include the following: 1) immunity from criminal pursuit; 2) support for victims of crimes;3) the right to mediation.