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Understanding the hierarchy of Belgian criminal courts
Understanding the hierarchy of Belgian criminal courts involves recognizing the structure of the Belgian judicial system as a whole. Here's a breakdown of the key elements:
Key Components:
Court of Cassation (Hof van Cassatie/Cour de Cassation):
This is the highest court in Belgium.
It doesn't retry cases but checks whether lower courts applied the law correctly.
It deals with appeals on points of law.
Courts of Appeal (Hof van beroep/Cours d'appel):
These courts handle appeals from the Courts of First Instance.
They have jurisdiction over criminal, civil, and commercial matters.
There are five Courts of Appeal in Belgium.
Courts of First Instance (Rechtbank van eerste aanleg/Tribunal de première instance):
These are the primary trial courts.
They have various divisions, including a criminal division.
They handle a wide range of criminal cases.
Police Courts (Politierechtbank/Tribunal de police):
These courts handle minor criminal offenses, especially traffic violations.
They also deal with civil claims related to traffic accidents.
Court of Assize (Hof van assisen/Cour d'assises):
This court deals with the most serious criminal offenses.
It is the only court in Belgium with a jury.
It is not a permanant court, it is convened when needed.
Hierarchy in Simplified Terms:
At the base are the Police Courts, dealing with minor offenses.
Above them are the Courts of First Instance, handling more serious crimes.
Appeals from these courts go to the Courts of Appeal.
At the top is the Court of Cassation, which reviews legal issues.
The court of assize handles the most serious of criminal cases.
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