The request for mercy

The request for mercy

What?

In Belgium, it is possible to remit all or part of the execution of a sentence. This right of mercy is legally provided for in Article 110 of the Constitution. This right is reserved only for the King and is granted only exceptionally.

As mentioned above, it is only the King who has the right to remit all or part of the execution of a sentence. The right of mercy may relate to a prison sentence, a fine, a forfeiture or a forfeiture of the right to steer. The King may also impose a term of probation, as well as commute the sentence.

Unlike probation, a mercy order does not erase the entry of a conviction in the criminal record.

Procedure

The mercy request should be addressed directly to the Mercy Department of the Federal Public Service for Justice (i.e., the body that decides on behalf of the King).

This request can be sent by letter to the Mercy Department. In addition, it is also possible to fill out a standard form made available on the website of the Federal Public Service for Justice.

It is important that the request You wish to make is reasoned. You must give reasons why You believe You can benefit from the right of mercy. In practice, family and/or medical reasons are often invoked as arguments.

It is important to note that such a procedure may take several months. During this procedure, the execution of the sentence will not be automatically suspended.

Exclusions

For some (parts of) judicial decisions, the King cannot grant mercy. Consequently - logically - grace cannot be requested for those specific (parts of) decisions either. The exclusions concern:

• Court costs and contributions to special funds;
• Driving ban following physical incapacity;
• Decision to intern someone;
• For non-final sentences (remedies of opposition, appeal and cassation are still available);
• The obligation to take a remedial exam, if pronounced in conjunction with a driving ban.

Research

First, the Grace Department examines the admissibility of the request. Barring exceptional circumstances, requests concerning the following situations remain ineffective:

• This is a recent conviction;
• The sentence was handed down with a partial or full reprieve;
• The one requesting it for mercy has multiple judicial antecedents;
• The facts for which mercy is sought are serious.

If the request is declared admissible, the department will seek an opinion from various authorities. After this, the file and the opinion will be submitted to the Minister of Justice. Only at the end will the King (read: the FPS Justice) decide whether to use the right of mercy.

If you wish to petition for mercy to the King yourself, do not hesitate to contact the experts at Bannister Lawyers by phone (03 369 28 00) or by e-mail (info@bannister.be).