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Belgian Judicial Code | |
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Belgian Federal Parliament | |
Territorial extent | Belgium |
Passed by | Belgian Chamber of Rep. |
Passed | 22 June 1967 |
Passed by | Belgian Senate |
Passed | 29 June 1967 |
Royal assent | 10 October 1967 |
Commenced | 1 November 1970 |
Summary | |
This code governs the organisation of the courts and tribunals of Belgium, their jurisdiction and their procedure. | |
Status: In force |
The Belgian Judicial Code (Dutch : Gerechtelijk Wetboek, French : Code Judiciaire, German : Gerichtsgesetzbuch) is a code of law in the country of Belgium, formally adopted on 10 October 1967 and currently still in force. The Judicial Code governs the organisation of the courts and tribunals of the Belgian judiciary, their jurisdiction, as well as the applicable rules of civil procedure. As such, the Judicial Code is one of the important codes of law in the Belgian legal system. [1]
In criminal proceedings however, the jurisdiction and rules of procedure of the courts and tribunals of Belgium are governed by the Belgian Code of Criminal Procedure. [1]
The proposed law containing the Judicial Code was passed by the Belgian Chamber of Representatives on 22 June 1967 and by the Belgian Senate on 29 June 1967. [2]
The adopted law was subsequently promulgated by the King of the Belgians on 10 October 1967, and entered into force on 1 November 1970. The Judicial Code has been amended many times since.
This part of the code (articles 1–57) contains general provisions regarding the adjudication of cases and the value of judgments and rulings.
This part of the code (articles 58–555/16) consists of six 'books':
This part of the code (articles 556–663) lays down the jurisdiction of each of the courts and tribunals, and the procedures to settle jurisdictional conflicts between them.
This part of the code (articles 664–1385octiesdecies) consists of four 'books':
This part of the code (articles 1386–1675/27) governs the manner in which to conduct sequestrations, seizures and attachments of property, lays down the procedures for collective debt settlements, and establishes central registers for seizure and debt settlement records.
This part of the code (articles 1676–1723/1) governs the practice and conduct of out-of-court arbitration proceedings, as well as the value of and means of recourse against arbitral awards.
This part of the code (articles 1724–1737) governs the practice and conduct of both court-ordered and out-of-court mediation, as well as the value of settlements.
This part of the code (articles 1738–1747) governs the practice and conduct of collaborative law.
This annex to the code (articles 1–6) prescribes the territorial boundaries of the judicial cantons, arrondissements ("districts") and areas, as well as the seat of the courts and tribunals of these territories.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
The Court of Cassation of Belgium is the supreme court of the Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice of Belgium and appointed by the Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory.
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty.
The tribunals of first instance are the main trial courts in the judicial system of Belgium. The tribunals of first instance are courts of general jurisdiction; in the sense that they have original jurisdiction over all types of cases not explicitly attributed to other courts. They handle a wide range of civil cases, criminal cases, and cases under the scope of juvenile law and family law. They also hear appeals against the judgements of the police tribunals and justices of the peace. The judgements of the tribunals of first instance can be appealed to the courts of appeal in turn. There is a tribunal of first instance for each of the twelve judicial arrondissements ("districts") of Belgium, except for the arrondissement of Brussels. The arrondissement of Brussels has two tribunals of first instance, a Dutch-speaking one and a French-speaking one, due to the sensitive linguistical situation in the area. The territories of the current judicial arrondissements largely coincide with those of the provinces of Belgium. Most of the tribunals of first instance have multiple geographical divisions, with each having their own seat. As of 2020, the 13 tribunals of first instance have 27 seats in total. Further below, an overview is provided of all seats of the tribunals of first instance per arrondissement.
The police tribunal is the traffic court and trial court which tries minor contraventions in the judicial system of Belgium. It is the lowest Belgian court with criminal jurisdiction. There is a police tribunal for each judicial arrondissement ("district"), except for Brussels-Halle-Vilvoorde, where there are multiple police tribunals due to the area's sensitive linguistic situation. Most of them hear cases in multiple seats per arrondissement. As of 2018, there are 15 police tribunals in total, who hear cases in 38 seats. Further below, an overview is provided of all seats of the police tribunal per judicial arrondissement.
The courts of appeal are the main appellate courts in the judicial system of Belgium, which hear appeals against judgements of the tribunals of first instance, the enterprise tribunals and the presidents of those tribunals in their judicial area. There are five courts of appeal for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. The division of the Belgian territory into the five judicial areas is laid down in article 156 of the Belgian Constitution. A judicial area covers multiple judicial arrondissements ("districts"), except for the judicial area of Mons. Each arrondissement has a tribunal of first instance. Further below, an overview is provided of the five courts of appeal and the judicial arrondissements their judicial area covers. The courts of appeal do not hear appeals against judgements of the labour tribunals; these are heard by the courts of labour.
The court of labour is the appellate court in the judicial system of Belgium which hears appeals against judgements of the labour tribunals and the presidents of those tribunals in their respective judicial area. There are five courts of labour for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. Some of the courts of labour hear cases in multiple seats. Further below, an overview is provided of the five courts of labour and their seats. Whilst their territorial organisation is the same, the courts of labour are separate from the courts of appeal, which are the main appellate courts in Belgium.
The court of assizes is the trial court which tries the most serious crimes in the judicial system of Belgium. It is the highest Belgian court with criminal jurisdiction; as such, it is the only Belgian court that can sentence someone to life imprisonment. The courts of assizes are not permanent courts; a new court of assizes is assembled for each new trial. There is a court of assizes in each of the ten provinces of Belgium, as well as one in the arrondissement of Brussels-Capital which is not part of any province. Further below, an overview is provided of the eleven courts of assizes and their seats. They are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution. The Belgian courts of assizes have the same origin as their French namesakes.
The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.
The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorneys).
The justice of the peace is the small claims court in the judicial system of Belgium, and stands at the bottom of the Belgian judicial hierarchy. There is a justice of the peace for each judicial canton, which is the smallest geographical subdivision of Belgium for judicial purposes. Most judicial cantons cover multiple municipalities, except in the case of larger towns and cities, which are often divided into multiple judicial cantons. A judicial canton has an average population of 50,000 to 60,000 people, but some have a population as low as 30,000 people or as high as 100,000 people. The justices of the peace only have jurisdiction over their own canton. As of 2017, there are 187 cantons with as many justices of the peace in Belgium, who hear cases in 229 seats.
The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.
In France, a cour d’appel of the ordre judiciaire (judiciary) is a juridiction de droit commun du second degré, an appellate court of general jurisdiction. It reviews the judgments of a tribunal judiciaire. When one of the parties is not satisfied with the trial court’s judgment, the party can file an appeal. While decisions of a court of first instance are termed "jugements" in French, a court of appeals hands down an arrêt, which may either affirm or reverse the judgment of the court below. An arrêt (judgment) of the court of appeals may be further appealed en cassation. If the appeal is admissible at the cour de cassation, that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts.
The Judiciary of Mexico, officially the Judicial Power of the Federation, is one of the three branches of government in Mexico, and the sole federal judiciary power. It is composed of the Supreme Court of Justice of the Nation, which serves as its highest court, the Federal Judiciary Council, the Federal Electoral Tribunal, regional courts, circuit and appellate collegiate courts, and district courts. In October 2024, Mexico became the only legal system in the world where its judges would be elected by popular vote.
The Belgian Code of Criminal Procedure is a code of law in the country of Belgium, of which the different parts were formally adopted in November and December 1808. The code is currently still in force. The Code of Criminal Procedure governs the powers and duties of judicial police attributed to certain public and judicial officers, the manner in which to conduct criminal investigations and prosecutions, as well as the criminal jurisdiction of the courts and tribunals of the Belgian judiciary and the applicable rules of criminal procedure. As such, the Code of Criminal Procedure is one of the important codes of law in the Belgian legal system.