Ministry of Justice
Belgium

QUESTIONNAIRE ON PRE-TRIAL INVESTIGATION AND COERCIVE MEASURES

In March 2007 the Finnish Ministry of Justice and the Ministry of the Interior set up a Committee to reform the national legislation on criminal investigation and coercive measures. The relevant laws, the Criminal Investigation Act (1987), the Coercive Measures Act (1987) and the Police Act (1995), have been subject to numerous amendments which have made the laws somewhat fragmental and difficult to understand. 

The main task of the Committee is to re-organise the legislation into a more coherent and understandable form. At the same time a number of substantive issues are to be dealt with. They relate to, in particular, undisclosed investigation measures, covert investigations and certain other unconventional means of investigation and gathering crime-related intelligence. A specific point of consideration is the competence of investigation authorities (police, customs and border officers) in the acquisition of intelligence and in the investigation of a crime. An underlying aim is to ensure that the measures against crime are effective while meeting the requirements of national and international fundamental rights in the best possible way.

The Committee would find it extremely helpful to have comparative information on the legal situation in other countries. You are therefore kindly asked to answer the questions below or, if necessary, forward this questionnaire to the correct person(s) in your administration. It would be appreciated if your answers were delivered by the end of September 2007, either by e-mail or by post, to the addresses on the bottom of the page. 

Should you have any questions please do not hesitate to contact:

Mr Sami Kiriakos
Second Secretary to the Committee
E-mail: sami.kiriakos@om.fi
Tel. + 358 9 160 67696

Gratefully,

Ilkka Rautio
Chairman of the Committee
Justice, The Supreme Court

QUESTIONS

A. UNDISCLOSED INVESTIGATION MEASURES

1.	Which undisclosed investigation measures (i.e. investigation measures that are not brought to the knowledge of the object during use) are possible pursuant to your national legislation?

E.g.
-	telecommunications interception
-	telecommunications monitoring
-	technical surveillance

The following undisclosed investigation measures are available in our Code of Criminal Procedure:
-	Identification of a subscriber or a user of a certain telecommunication service and/or communication of data relating to telecommunication services used by a certain person or to which a certain person is subscribed (art. 46bis Code of Criminal Procedure);
-	Telecommunication monitoring (art. 88bis Code of Criminal Procedure)
-	(Tele)communication interception (art. 90ter-90decies Code of Criminal Procedure)
-	“Systematic” secret observation (Surveillance) of persons, places, or events (art. 47sexies Code of Criminal Procedure – this is a part of the Title on Special Investigation Methods)
-	Infiltration (art. 47octies Code of Criminal Procedure - this is a part of the Title on Special Investigation Methods)

2.	What are the preconditions for the undisclosed investigation measures?

E.g.
-	types of levels of crimes
-	objectives 
-	whether the measures can be used for other purposes than criminal investigation, such as prevention of crime

The preconditions for the different undisclosed investigation measures are defined for each measure separately. The reason for this differentiation is the different level of intrusiveness in the private life of persons. The overall purpose should be criminal prosecution, even if the measures can be used in the proactive phase of this prosecution. So-called “phishing expeditions” are explicitly excluded from their range of application.
-	The measure described in art. 46bis is possible for all sorts of criminal offences. Proportionality and subsidiarity with respect to other possible investigative measures is required. The prosecutor can order this measure.
-	The measure of telecommunication monitoring (art. 88bis) is possible for all sorts of criminal offences. However, only the investigating judge can order this measure and he should prove that the measure is necessary for the truth finding. Proportionality and subsidiarity with respect to other possible investigative measures is required.
-	(Tele)communication interception (art. 90ter) is only possible for the criminal offences listed in art. 90ter, §2.  The measure can only be ordered by an investigating judge and should be exceptional and necessary for the truth finding. There should be serious indications that the facts he is investigating is one of the criminal offences listed in §2, and he can only order the measure if other means of investigation are insufficient.
-	There are some “general conditions” for the use of the so-called special investigation methods (= systematic observation, infiltration, and the use of informants). These general conditions include proportionality and subsidiarity, which are defined for each method separately. Other general conditions include the prohibition of provocation (art. 47quater Code of Criminal Procedure), and the prohibition to perform criminal acts by competent officers (art. 47quinquies, with exceptions, see question 8).
-	The specific preconditions for systematic observation are separated into three subdivisions:
1.	Systematic observation (art. 47sexies-septies) is allowed for all sorts of criminal offences.
2.	However, when technical means are used to execute this systematic observation, the measure is only allowed for criminal offences punishable with an imprisonment of one year or more.
3.	Moreover, when the systematic observation is executed with the use of technical means with an aim to achieving a view inside a home or residence, the measure can only be allowed for the criminal offences listed in article 90ter, §2 of the Code of Criminal Procedure, or for organised crime offences. Only an investigating judge can order this measure, while the prosecution office can order the other two above.
-	To conclude, an infiltration (art. 47octies-nonies) can also only be ordered for the criminal offences listed in article 90ter, §2 or for organised crime offences.

3.	Please describe, in brief, how the use of the measures is authorised.

E.g.
-	competent authorities
-	procedure
-	urgent situations

The competent authorities for the use of all these measures are the executing police officers, the prosecution office, and the investigating judge. Their role is different according to which of these measures is used. It should be mentioned that the investigating judge always has the same competences as the prosecution office, but if a certain measure is an exclusive competence of the investigating judge, the prosecution office cannot order this measure.
-	Art. 46bis allows the prosecution office to order this measure, by means of a written and motivated decision. Therefore he can also requisition the cooperation of telecommunication operators or service providers. In cases of extreme and urgent necessity, the police officer himself can requisition these data, if he has the preceding and oral consent of the prosecutor. In this case he should communicate his written and motivated decision to the prosecutor, and he should motivate why this is a case of extreme and urgent necessity.
-	As said above, only an investigating judge can order the measure of telecommunication monitoring (art. 88bis) by means of a written and motivated warrant. If necessary, he can requisition the cooperation of telecommunication operators or service providers. He should mention the circumstances of the case that justify the use of this measure, and the duration of the measure, which cannot be longer than two months. However, if a person is caught in flagrante delicto, the prosecution office can order this measure as far as the criminal offence concerned is one that is listed in art. 90ter, §2. In this case, the investigating judge should confirm the measure within 24 hours.
-	As said above, only an investigating judge can order the measure of (tele)communication interception (art. 90ter). The procedure of this measure is quite lengthy and complicated and explained in the articles 90ter through to 90decies of the Code of Criminal Procedure. Some of the special guarantees that have been built in this procedure include the content of the warrant of the investigating judge, the secrecy obligation for everyone involved in the execution of this measure, duration of the measure and possibilities to extend or renew the measure, the use of the recordings and their transcription, the content of the procès-verbal, the storage of the recordings, and the rights of persons subject to the measure to have access to or consult the recordings.
-	The systematic observation (art. 47sexies-septies), whether it is executed with the use of technical means or not, can be ordered by the prosecution office. When the systematic observation is executed with the use of technical means with an aim to achieving a view inside a home or residence, only an investigating judge can order it. The authorisation should be written and mention the serious indications that justify an observation, the reasons why an observation is necessary, the name or an accurate description of the person(s) subject to the observation, the manner of executing this observation (technical means), the duration of the measure which cannot be longer than one month, and the name of the police officer in charge.  The prosecutor should also take a separate and written decision listing the criminal offences that can be committed by the executing police officers. In urgent cases the authorisation can be given orally, but it should be confirmed in written as soon as possible. 
-	Infiltration (art. 47octies-nonies) can be ordered by the prosecution office (and the investigating judge). The procedure is the same as in the case of observation.

4.	How is the due process of law for the person object to the measure ensured in the legislation? 

E.g.
-	external supervision of decisions concerning undisclosed investigation measures 
-	judicial review
-	public agent or similar entity defending the interests of the person object to the measure
-	the suspect’s or victim’s right to disclosure after the measure has been carried out

There are several mechanisms in place to ensure the due process of law for the person object to the measure. Apart from the judicial review that takes place during the criminal proceedings in court, legislation has some extra guarantees in place:
-	As far as (tele)communication interception is concerned, article 90septies of the Code of Criminal Procedure provides the right for the person object to the measure to ask the judge to consult the recordings and their transcriptions, or to demand additional transcription of the recordings. This is a right that can be executed throughout the criminal procedure. More in particular, the person can ask: to consult the original recordings, to consult all or part of the recordings that were not transcribed, to consult the transcriptions that have been set aside by the judge because they were not interesting for the case, and to demand additional transcription of the recordings. It is up to the judge to decide whether these demands will be granted or not. Appeal is possible against his decision.
-	As far as the special investigative methods (observation and infiltration) are concerned, rules are different because of the particular secretive nature of these measures. Besides the judicial dossier, which can be consulted by parties, there is also a confidential dossier that is only accessible by the prosecution office. In this confidential dossier there are confidential reports and documents that reveal names of executing officers. Parties, to protect the executing officers and to protect technical means by which the measure was executed, should therefore not consult it. This is the reason why a special procedure was inserted in the legislation to ensure the due process of law.
There are several levels of supervision on the application and the use of the special investigative techniques: supervision within the police services, supervision by the prosecution office, supervision by the investigating judge, supervision by the investigating courts, the judicial freedom of the weighing of evidence by the courts, and finally, political supervision.

5.	How is the advocate/client confidence ensured in measures such as telecommunications interception?

E.g.
-	interception of telecommunication when the suspect contacts his advocate

-	First of all, article 90sexies, third section, provides for a general protection of communication that is protected by the professional secrecy: when this kind of communication is recorded during an interception measure, it will not be included in the procès-verbal. However, if these communications point to complicity or participation in a criminal offence, this principle is not applicable anymore.
-	Secondly, article 90octies provides for a particular procedure in cases of (tele)communication interception in premises that are used for professional purposes, in the residence or on the means of (tele)communication of an advocate or a medical doctor. In these cases, the measure can only be ordered if they are suspected of having committed one of the criminal offences listed in art. 90ter, or if precise facts rise to the suspicion that third persons are using these premises, the residence or the means of (tele)communication. Moreover, the measure cannot be executed without the knowledge of a representative of their respective professional bars. 

B. COVERT INVESTIGATIONS

6.	Are covert investigations (i.e. investigations or intelligence gathering operations into crime by officers acting under covert or false identity) used in your country?

Yes. They are part of the Title on special investigative methods in our Code of Criminal Procedure and are gathered under the term “infiltration” (for preconditions and procedure: see above).

7.	What are the preconditions for covert investigations? 

See question 2 for the general and specific preconditions for the use of infiltration.
8.	Does the officer have the competence to perform criminal acts during the operation?

As described above, the prohibition to perform criminal acts during the operation is set out as one of the general conditions for the use of special investigative methods in article 47quinquies, §1 of the Code of Criminal Procedure. However, the paragraphs 2 and 3 provide exceptions to this general principle.
§2 states that police officers will not be punished for criminal offences committed during the operation, if these offences are strictly necessary and aimed at the success of the operation, the insurance of their safety or the safety of others involved in this operation. The criminal acts may not be more serious than the one for which the operation is being executed, and should be in proportion with the pursued aim of the operation. The officers should also have received preceding consent by the prosecutor.
§3 sets out the procedural rules: police officers should, prior to the execution of the operation, communicate to the prosecutor in a written document the criminal acts he foresees to commit. In cases where this preceding communication was not possible, police officers should immediately inform the prosecutor of criminal acts they have committed during the execution of the operation, and should confirm this in written. In other words, Belgian legislation makes a distinction between foreseeable (e.g. the use of a false identity) and non-foreseeable (e.g. circulation offences during an observation) criminal acts.
As stated above, together with the authorisation to start up an observation or an infiltration, the prosecutor should take a separate written decision listing the criminal offences that can be committed by the executing police officers.

9.	Please describe, in brief, how covert investigations are authorised.

E.g.
-	competent authorities
-	procedure

See the answer to question 3 for the procedure of the infiltration measure.

10.	How is the due process of law for the person(s) object to the measure ensured in the legislation? 

E.g.
-	external supervision of decisions regarding covert investigations
-	judicial review
-	public agent or similar entity defending interests of the person object to the measure
-	the suspect’s or victim’s right to disclosure after the measure has been carried out

See the answer to question 4.

C. OTHER UNCONVENTIONAL MEANS OF INVESTIGATION AND GATHERING INTELLIGENCE

11.	Controlled deliveries and other controlled non-interference in detected crime.

E.g.
-	definitions in legislation
-	preconditions
-	purposes

-	According to Belgian law, the controlled delivery is considered as a short-term infiltration, and falls under the general rules set out above on infiltration. It is defined in a Royal Decree of the 9th of April 2003 on police investigation techniques as a method, used by a police service, where the police are aware of an illegal transport of goods or persons, are executing and delivering this illegal transport and keeping it under permanent control. Police intervention takes place only at the final destination of this transport.
-	Controlled non-interference is being defined by article 40bis of the Code of Criminal Procedure: the prosecutor can, in the interest of the investigation, authorize police services to postpone the apprehension of suspected perpetrators and the seizure of goods. This authorisation should be written and motivated, but can be given orally in urgent cases. In these cases confirmation should be given in written and motivated as soon as possible.

12.	Is the use of informants (i.e. non-officials providing information relating to crime) by the police or other investigative authorities possible according to your legislation?

Yes, the use of informants is considered as one of the special investigative methods described above. Rules and procedures are set out in article 47decies of the Code of Criminal Procedure and in a Royal Decree of the 26th of March 2003 concerning the rules of functioning of national and local informants administrators and contact officials.

D. MISCELLANEOUS QUESTIONS RELATED TO PRE-TRIAL INVESTIGATION AND COERCIVE MEASURES

13.	Search carried out within or through a data network 

Art. 88ter of the Code of Criminal procedure provides for the rules concerning the network search. A classic domiciliary visit can only be executed on the place stated in the search warrant. In the case of cybercrime, computer systems are more and more connected in networks and therefore more than one search warrant would be necessary. Art. 88ter gives a solution for this problem: the investigating judge can order to extend a search in a computer system to another computer system on a different location than the one where the search takes place physically. Conditions for this extension are that the measure should be necessary for the truth finding, and that other measures would be disproportional or there is a risk that certain elements of proof get lost. The electronic data found on the different systems can be seized.
If by error a search is being carried out on a network in a foreign country, the data cannot be seized but only copied. The investigating judge should inform the Ministry of Justice about this. The Minister of Justice will inform the competent authorities of the foreign State.

14.	Seizure of material in electronic (data) form 

E.g.
-	Is there specific legislation concerning material in electronic form?
-	the status of copies

Art. 39bis of the Code of Criminal Procedure concerns the seizure of electronic data. These are the principles set out in this article:
-	The first principle is that the general rules of the Code of Criminal Procedure concerning seizure are applicable on electronic data. The provisions in article 39bis are additional provisions concerning electronic data.
-	The data that are relevant for the investigation should be copied on a support that belongs to the judicial authorities or, in urgent cases/because of technical reasons, on a support belonging to the person who is the owner of the data;
-	The prosecutor should use technical means (e.g. encryption) to block the access to these data or to the copies that are on local supports.
-	The data should be deleted (and not blocked), in two cases: either the data are in breach with public order or decency (e.g. child pornography) , or the data are endangering the integrity of the computer system.
-	If, for technical reasons, the data cannot be copied, they should only be blocked.
-	The prosecutor has the obligation to inform the responsible for the computer system about the search and to give him a summary of the data that are copied, blocked or deleted.
-	The prosecutor also has the obligation to guarantee the integrity and the confidentiality of the copied data.

15.	Please describe, in brief, the involvement of the prosecutor in criminal investigations

E.g.
-	active involvement or passive supervision

In general, the Belgian prosecutor promulgates general directives concerning the execution of missions of judicial police. (art. 26 Code of Criminal procedure) He develops a criminal policy in order to determine the crimes preferentially investigated. (art. 28ter Code of Criminal procedure) 

Belgian law states that a criminal investigation is guided by the prosecutor and is organised under his authority. He is fully responsible for the investigation. He asks the police forces to investigate crimes. In return, the police forces have to inform him on everything they find out during the investigation. 

The prosecutor can ask the police forces to fulfil missions in order to investigate crimes. (art. 28ter Code of Criminal procedure; art. 8/6-8/8 Law on the function of the police officers) In practice, the police forces investigate the crimes and inform the prosecutor on the progress of the investigation; the prosecutor controls if their acts comply with the law. (art. 28bis §1 Code of Criminal procedure) Besides, the police forces can investigate cases on their own initiative provided that they inform the prosecutor as soon as possible. (art. 28ter §2 Code of Criminal procedure)

The prosecutor does not only order the police forces to investigate crimes that already have been committed but can also order them to search for indications and to register information concerning crimes that still have to be committed. (art. 28bis §2 Code of Criminal procedure)
 
16.	Are pre-trial questionings of suspects, witnesses and/or victims videotaped? 

Pre-trial videotaped questionings exist in Belgian law but are not obliged. When the prosecutor orders to videotape a questioning, he has to motivate his decision and the person involved has to be informed. (art. 112ter Code of Criminal Procedure)

As for minors, victims or witnesses of certain crimes (e.g. sexual offences), the questioning can also be videotaped. If the minor is younger than 12 years old, he only has to be informed. When he is older, he has to agree with the recording. (art. 91bis, 92 Code of Criminal procedure) This rule has been introduced in Belgian law to avoid second victimisation (so that the minor does not have to repeat his experience over and over again). 

17.	The status of persons younger than the minimum age for criminal responsibility

E.g.
-	questioning and investigation when such person is the suspect of a criminal act 
-	questioning as witness or victim
-	possible coercive measures
-	role of legal guardian

Belgian judicial law prescribes that minors younger than 15 years old cannot be heard on oath. Their statements can only be used as information. However, they have the right to be heard on everything they are concerned. (art. 79 Code of Criminal procedure, art. 931 Judicial Code) 

Minors can be questioned with regard to their involvement in a criminal act. However, certain guarantees have to be offered, e.g. they have to be assisted by a lawyer.
Minors can be questioned as a victim or a witness of a criminal act. They can always be accompanied by an adult of their choice except when the prosecutor or the juge d’instruction (investigating magistrate) objects. (art. 91bis Code of Criminal procedure)  

Belgian law prescribes that measures of custody, preservation and education can be taken. (art. 37 Law on the protection of youth) 
e.g. The judge can impose the minor to fulfil a performance of educational nature of public use, the minor can be placed in an institution, the judge can impose the minor to attend to certain activities, the minor can be placed under house arrest, the judge can impose an intensive educational guidance  …
Besides these measures, minors can get an administrative sanction. (art. 38bis Law on the protection of youth)
When the minor is older than 16 years at the time of the crime and the juvenile court is of the opinion that the measures provided for minors are not suitable for the minor, the juvenile court can decide to renounce the minor and to send him to an “adult court”. (art. 38 Law on the protection of youth)  

18.	Arrest and pre-trial detention

E.g.
-	preconditions
-	time-limits
-	competent authorities
-	procedure
-	judicial review

Belgian law states that one can only be arrested when he is catched in flagrante delicto and no longer than 24 hours. Police forces inform the prosecutor (or in certain cases, the investigating magistrate) as soon as possible. (art. 1 Law on the preventive custody, art. 12 Constitution) Besides the case of flagrante delicto, one can only be arrested when there are serious indications he committed a crime and no longer than 24 hours. This decision has to be taken by the prosecutor. (art. 2 Law on the preventive custody)   

Belgian law states that one can only be taken into preventive custody when it is strictly necessary for public safety and when the punishment can be at least one year of imprisonment. It may not be used to punish or to coerce the suspect. (art. 16§1 Law on the preventive custody)

In case the possible punishment cannot exceed 15 years of imprisonment, the law is more precise: fear must exist, grounded on serious reasons, that one of following situations will occur (art. 16§1 Law on the preventive custody):
- danger that the suspect will commit new crimes,
- danger that the suspect will flee from the judiciary
- danger that the suspect will tamper with evidence – as in make it disappear
- danger of collusion

In practice it is the juge d’instruction (investigating magistrate) who decides on the preventive custody. It is therefore a judicial decision taken by an investigating magistrate and afterwards reviewed by ‘investigating courts’ on a regular basis.

The investigating magistrate has full discretion in his evaluation of the specific facts of the case, to decide whether or not they fall within the conditions set out by the law. 

After at last 5 days, an investigating court decides whether the custody has to be extended. The decision is taken after hearing the juge d’instruction, the prosecutor, the suspect and his lawyer. (art. 21 Law on the preventive custody) When this court decides to extend the custody, the decision has to be motivated and the measure will be reviewed every month (or in case of very serious crimes, the measure will be reviewed every three months with possibility anyhow for the suspect to ask monthly to be heard for the court). (art. 22 Law on the preventive custody) The suspect has the opportunity to appeal to a higher (investigating) court. (art. 30 Law on the preventive custody)
After six months of custody (when the punishment is 15 years of imprisonment at the most) or else after one year, the suspect can ask to be heard in public court session. (art. 24 Law on the preventive custody)

19.	Alternatives to pre-trial detention

E.g.
-	injunction against travelling
-	bail
-	other limitations to freedom of movement

Alternatives to pre-trial detention can only be imposed when the circumstances would allow for preventive custody.
One can admit the suspect to bail. (art. 114 Code of Criminal procedure) The amount cannot be less than 500 euro. 
Another possibility for the juge d’instruction (investigating magistrate) and the prosecutor is to release the suspect under certain conditions. The suspect has also a possibility to ask it when he is taken into preventive custody. The juge d’instruction (investigating magistrate) determines the type of measures that are imposed and motivates these in relation to the conditions and this with a maximum of three months, which can be extended. The investigating courts can also impose these measures. One can never be released under conditions in case of a criminal punishment (> 5 years of imprisonment). (art. 113 Code of Criminal procedure)

20.	Please describe, in brief, how the utilisation or admissibility of information or evidence is limited in different stages of the criminal procedure (pre-trial, prosecution, trial), with regard to
e.g.
-	information concerning a person not involved in the crime
-	information or evidence acquired against law or the terms of the decision authorising the measure  
-	information or evidence concerning a crime other than the one under investigation 

Police forces are obliged to inform the prosecutor or the juge d’instruction (the investigating magistrate) about everything they find out in the course of their work. (art. 28bis/ter §4, art. 29, art. 30, art. 55, art. 56 Code of Criminal procedure, art. 44/5 Law on the function of police officers) When they discover another crime than the one they are investigating, even a crime committed by someone else than the person against whom an investigation is held, they dress official reports about all the gathered information and send it to the competent authorities, like the prosecutor who will decide what to do next. (art. 53 Code of Criminal procedure, art. 40 Law on the function of the police) Besides, all the information is gathered in a national data bank. 

Belgian criminal procedural law is characterized by the principle of “freedom of furnishing of proof”. There exists no theory of proof so no formal hierarchy of evidence is imposed to the judge. Normally, information or evidence acquired against law can not be used in court. Evidence obtained from a crime has to be excluded except in case of necessity. However, a difference is made between evidence gathered by citizens and evidence gathered by the police forces. Evidence obtained against the law by citizens does not always have to be excluded. 

The investigating courts can render actions invalid when they find an irregularity, an omission or a nullity. (art. 131 §1, art. 235bis §6 Code of Criminal procedure) These actions can no longer be used in front of the judge who will take the final decision except for means concerning the appreciation of proof or the public order. The same goes for means of admissibility or means concerning the dissolution of the criminal proceedings, except when they arise after the debates before the investigating court (art. 235bis §5 Code of Criminal procedure) 

Besides, the ‘court of cassation’ (14 October 2003) has decided that evidence obtained against the law must only be excluded 
- when the law prescribes it, 
- when the reliability of the evidence is affected, or 
- when the use of the evidence would affect the right of a fair trial.
More recently, the ‘court of cassation’ (16 November 2004) decided that a piece of evidence only has to be excluded when the unlawfulness made it unreliable. E.g. the facts of this particular case were as follows: police forces intended to organise a search in a house. However, the search warrant was only signed by the woman who lived in the house and not by the man who lived in the same house and against whom the judicial inquiry was held. The judge accepted the evidence found in the house in spite of the missing signature.

21.	What is the relation, in your national legislation, between everyone’s right to self-defence (from a violent attack) and an officer’s right to use force?

E.g.
-	if an officer is attacked when he is performing his official duties, does he have a right to defend himself as an ordinary citizen or can he only perform actions that fall within his competence to use force?

Violence can be used by police forces under very strict conditions: (art. 37 Law on the function of police officers)
- To pursue a legal purpose that cannot be achieved in another way;
- The violence has to be reasonable and in proportion to the purpose;
- It is the last possible way to achieve the purpose;
- The other person has been warned violence will be used.

Guns can be used: (art. 38 Law on the function of police officers)
- In case of self-defence, when a police officer or a third party has or will be attacked, this means that the life, the physical integrity, the personal freedom or the sexual integrity has to be threatened;
- Against armed persons;
- To protect people, stations, transports of dangerous goods left in their care that cannot be protected in another way;
- Only after warning the other person violence will be used.

E. RELEVANT LEGISLATION AND POSSIBLE AMENDMENDS

22.	Please provide us your relevant national legislation or links thereto, if possible, in English.

Belgian Criminal procedural law exists in Dutch and in French. It can be consulted via
www.just.fgov.be
www.ejustice.just.fgov.be/cgi/welcome.pl
http://www.juridat.be/cgi_loi/legislation.pl
www.cass.be

23.	Please let us know whether there are significant plans to amend the legislation of which you can provide us information.