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Belgium Criminal & Civil Court Record Check Belgium Background Check

Belgium Courts:

Hof van Cassatie van Belgié
Cour de Cassation de Belgique
Jurisprudence Cassation
Rechtspraak Cassatie
Supreme Administrative Court of Belgium
Court of Arbitration of Belgium
The Constitutional Court of Belgium
Raad van State
Hof van Assisen

 

Overview of Courts in Belgium:

The Court of Cassation

In Dutch it is called Hof van Cassatie
In French it is called Cour de cassation
In German it is called Kassationshof

is the main court of last resort in Belgium. It was originally modelled after the French Cour de cassation. Its jurisdiction and powers are similar to those of its French counterpart. The court comprises three chambers with 16 judges. Each chamber in turn has a Dutch and a French division. Each chamber has a chief judge, called the President, and two heads of division, one for each language group. The entire court is headed by a chief judge called the First President. The parket generaal (D) or parquet général (F) is headed by the Chief Prosecutor (D: procureur-generaal, F: procureur-general). The Prosecutor is a magistrate, but does not actually try cases (his role is to give legal advice to the Court, in a similar manner to the Commissioner of the Government of Council of State (D: Raad van State, F:Conseil d'état ). He brings cases to the Court "in the name of the law." The Chief Prosecutor is aided by the First Prosecutor (first advocat-general) and about 12 Prosecutors (D: advocaten-generaal, F: avocats-généraux).

Council of State

In Dutch it is called Raad van State
In French it is called  Conseil d'état
In German it is called Staatsrat)

This court is part of the Belgian government. It is the Supreme Administrative Court of Belgium. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice. Its members are (for the most part) high level jurists.

The Court of Assize.

In Dutch it is called Hof van Assisen
In French it is called Cour d'Assises

This court is similar to the French court of the same name. It has jurisdiction over all felonies that haven't been correctionalised, over political offences and press-related offences, except those inspired by racism or xenophobia, and over crimes of international law, such as genocide and crimes against humanity. These courts sit in each of the ten provinces and in the administrative arrondissement of Brussels-Capital. Unlike the other courts, which have a permanent structure, a Court of Assize has to be constituted for each specific case. It comprises three professional judges and 12 jurors. The presiding judge is to be a judge at a Court of Appeal and is assisted by two judges of Courts of First Instance. The jury invariably consists of twelve members, who are balloted out of the citizens having the right to vote at elections and aged between thirty and sixty, and they must be able to read and write. In addition, it is possible to call up one to twelve alternate jurors. Only the jury decides upon the facts, and with the judges the penalty is determined. There is no appeal for the verdicts, apart from one before the Court of Cassation.

The Court of First Instance

In Dutch it is called Rechtbank van eerste aanleg
In French it is called Tribunal de premiére instance
In German it is called Gericht erster Instanz

This court in Belgium consists of three divisions: the Civil Court, the Correctional Court and the Juvenile Court. There is a Court of First Instance for each Judicial Arrondissement.

The Commercial Court

In Dutch it is called Rechtbank van koophandel
In French it is called Tribunal de commerce
In German it is called Handelsgericht

This court in Belgium deals with commercial litigation that exceeds the competence of the Justice of the Peace and hears appeals against the decisions of the Justice of the Peace in commercial cases. It is not a division of the Court of First Instance because commercial law is not a branch of civil law in Belgium.

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