Your lawyer receives you in Brussels to help you and inform you about the possibilities of appeal against the decisions rendered by the criminal courts.
If you have not been able to appear for a summons before the criminal court or the court of appeal or if you are not satisfied with a decision which was rendered at first instance, solutions exist and your lawyer can help you. .
The ordinary remedies in Belgium are the opposition and appeal.
'Opposition' can only be introduced against default decisions (when a person did not appear during his trial).
In Belgium, it is formed by service by judicial officers (huissiers de justice) and its objective is to bring the case back before the judge who pronounced the decision by default so that a contradictory debate is organized in the presence, if necessary, of a lawyer.
For thedetainees, opposition can be made directly within the prison by adeclaration to the director of the penitentiary establishment.
It is nevertheless important to always take advice from a lawyer who practices criminal law in this case, since the objection made to the prison director can only concern the criminal aspect of the conviction.
An opposition appeal by way of a judicial officer will remain necessary to organize the contradictory examination of the civil aspect of the case.
THEordinary deadline for filing an opposition is 15 daysfrom the day following the date of notification of the judgment by default.
If this service has not been made by speaking directly to the convicted person, the fifteen-day period will begin to run from the day the latter becomes aware of the service of the judgment (extraordinary period of opposition).
It is therefore always better to contact your lawyer to check with him if you are still within the deadlines to be able to lodge an opposition against a decision of the police court, the criminal court or the court of appeal.
If you were presentat your trial but you do not agree with the decision which was handed down in the first instance, you have the possibility of appealingcall.
A statement of appeal and a grievance form, which will preferably be completed by a lawyer competent in criminal law, must be filed with the registry within30 daysfrom the day of the pronouncement of judgment.
Your lawyer sees youon appointmentin his office in Brussels to examine with you the possibility and the advisability of lodging an appeal.