IP/N/1/BEL/1

Belgium

Law establishing the Belgian Judicial Code

This Law makes provision inter alia for the following: - pleas, reports and judgements to be public; - an accusatory procedure and, in principle, a contentious procedure; - decisions on the merits of the case to be made available to the parties (Article 792); - ways of summoning the defendant (Articles 32 to 47); - legal representation (Article 728); - investigation and judgement of the case; - submission of evidence (Articles 870 to 1016); - refusal to decide a case. A judge may not refuse to judge a case under any pretext whatsoever (Article 5); - coercive regime if the principal sentence is not complied with (Article 1385 bis); - payment of costs; - in principle, a final judgement condemns the party who has lost to pay the costs. These include the procedural payments that provide a standard fee to the lawyer of the successful party (Articles 1017 to 1024); - the various legal remedies, including appeals against conviction in absentia, appeals, and appeals on a point of law (Article 21). The latter may concern a decision by the final court of appeal that is contrary to the law or to procedures; - attachment of movables, attachment against debt and attachment for counterfeiting (Articles 1422 to 1460 and 1481 to 1488); - frivolous and vexatious action. Abuse of the right to institute proceedings may be punished by the award of damages if the injured party so requests; - frivolous or vexatious appeal, which is punished by a fine (Article 1072 bis); - the institution of ex parte proceedings if absolutely necessary (Articles 584, 1025, 1484); - deposit of security by foreigners. The latter are obliged to deposit security if the Belgian defendant so requests, except in the case of agreements in which the States provide that their nationals are exempt from this requirement (Article 851). The competence of Presidents of various courts to take provisional decisions: - the institution and investigation of applications for interim measures (Articles 1035 to 1040) (contentious procedure); - in cases which they recognize are urgent (Articles 584 to 589) (unilateral procedure).