What are the cases pleaded by your lawyer before the Criminal Court (tribunal correctionnel)?
In Belgium, the criminal (correctional) court is the one which tries most of the offenses prosecuted (with the exception of those which are examined daily in large numbers by the police courts - see section 'police court')
It is indeed the criminal court which is competent to examine in particular the appeals against judgments delivered by a police court, the 'délit'/offences and serious offences (except those expressly within the jurisdiction of another jurisdiction) and the 'correctionalised' crimes.
What does the notion of 'délit' / 'offence' include?
'Délit' are offenses punishable by imprisonment for more than eight days and less than five years. We can cite in particular: fraud , robbery, deception , ...
What do we mean by 'correctionalized crimes'? What are the crimes that are then referred to the Assize Court?
When an offense is punishable by the Belgian criminal Code with a penalty of more than five years (for example: extortion, rape,...) it should in principle be judged by the Assize Court.
In order to reduce the number of cases tries by the Assize Court, Belgium has nevertheless set up a system of systematic admission of extenuating circumstances for a large part of these offences.
These are now practically only the most serious crimes: manslaughter and murder/terrorist murder which are tried by the Assize Court before which the presence of a lawyer is mandatory for the accused.
Is the presence of a lawyer mandatory before the criminal court (Tribunal correctionnel) in Brussels or more generally in Belgium, or can I appear alone in court?
The presence of a lawyer is not always mandatory before the criminal court but it is strongly recommended as criminal law is complex and fluctuating.
Contact BeLaw-Brussels if you wish to benefit from the expertise of a competent lawyer in criminal law in Brussels.