The criminal investigation; you may also be investigated after your conviction
Many think that a conviction is the end of any investigation. Nothing could be further from the truth. In fact, since 2014, the prosecution has had the option of opening what is known as a criminal investigation.
The criminal investigation process is relatively unknown. Yet it can have far-reaching implications for you, as a convicted person or as the family or friend of a convicted person. So let's dive deeper into this topic.
The criminal investigation: what?
A criminal execution investigation focuses on the convicted person or a rogue third party. Its purpose is to locate, identify and seize assets to effect payment of forfeitures, fines and court costs. Thus, this is a separate, new investigation that after sentencing takes place.
First, back to basics: when someone is convicted, the court can impose fines, forfeitures and payment of court costs. Although these three things differ, they have the same effect: the convicted person must pay a certain sum to the Belgian state.
The prosecution may open a criminal investigation when the offender's payment obligation is "significant" and arises from "serious" facts.
A 'major' payment obligation involves a debt of at least 10,000 euros. 'Serious offenses' are crimes for which at least one year of imprisonment is imposed can be. The important point here is that you do not have to actually be sentenced to a year in prison. Once the law permits such a sentence for those offenses, the condition is met. Thus, a criminal investigation can be opened even if you have been sentenced to community service, for example.
The criminal investigation: with respect to whom?
The criminal investigation may be opened against a convicted person who fails to meet his payment obligations, or against whom there are concrete indications that he is meeting his payment obligation will forsake. Note that even if you still had a chance to pay, they can already open the investigation.
In addition, criminal investigation is also possible against "rogue third parties. These are individuals who knowingly cooperate with the convicted person to keep his assets out of reach of payment obligations. These may include family members or friends.
The criminal investigation: how?
In order to trace the assets of a convicted or rogue third party, the Public Prosecutor's Office will have extensive powers. For example, they can search vehicles parked on public roads, search the convicted or rogue third party, conduct bank searches, and make observations. With the permission of the sentencing judge, they can even exercise powers that normally belong only to the investigating judge, such as tapping phones or searching homes.
As part of a criminal investigation, the prosecution may batter impose on property of the convicted person as well as the rogue third party. This applies to both movable and immovable property. These assets do not have to be related to the crime for which the original conviction was pronounced.
To make this seizure, the prosecution does not need prior authorization from the sentencing judge. Moreover, the seizure can be made without prior warning.
However, you can contest such a seizure (after it has been executed) by filing a reasoned petition with the Public Prosecutor's Office. Should the Prosecutor's Office deny this request, you can appeal to the criminal execution judge within 15 days.
Have you been seized as part of a criminal enforcement investigation, or do you have further questions about its progress? If so, please contact us on 03.369 28 00 or info@bannister.be
