The impact of corona on pretrial detention

The impact of corona on pretrial detention

As a result of the corona pandemic, a record number of detainees in Belgium, under pre-trial detention, received the detention modality of the electronic surveillance assigned. In this way, prisons try to prevent mass corona infections.

Pre-trial detention

The investigating judge may issue an order of arrest during the judicial investigation when there are serious reasons to fear that:

• the released defendant would commit new crimes or wrongdoings (the "recidivism risk");
• he would evade court action (the "danger of flight");
• he would attempt to make evidence disappear;
• he would acquaint himself with third parties (the "collusion risk").

In addition, the investigating judge decides on the method of execution of the warrant. Here he can opt for an execution in the prison or for a detention under electronic surveillance. In addition to these options, the investigating judge may also decide to allow the individual release under conditions.

In the event that the Investigating Judge decides to detain the person under arrest, the Council Chamber must rule again on the arrest within a period of 5 days. In doing so, it can choose between three different modalities. First, it may decide on a further arrest in prison. Second, the Council Chamber may change the modality of the electronic surveillance assign. Finally, as an alternative to pretrial detention, it is possible to opt for a release on parole.

Impact of the corona pandemic

However, as a result of the corona pandemic, it is impossible for every suspect to remain in prison. This way there is a risk of massive corona infections within the prison walls. In order to prevent such an eventuality, the electronic surveillance as an enforcement modality of pretrial detention.

The Department of Welfare's recently published annual report shows that the application of electronic surveillance in pretrial detention in 2020 by as much as 60% increased.[1]

Both the impact of the covid pandemic and prison overcrowding are causes of an accelerated shift to the custody modality of electronic surveillance.

Would you like more information about this or to be assisted by a specialized criminal lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00.

[1] https://dwvg.be/jaarverslag20/cijfers-elektronisch-toezicht?utm_campaign=Nieuwsupdate%20Strafrecht&utm_medium=email&utm_source=Revue%20newsletter

May 24, 2021