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Justice and assistance to people subjected to legal proceedings

related but distinct subjects :
police services
youth assistance and protection

Justice

The Federal Authority is competent for all subjects that come under the justice system: Civil Code and Criminal Code, organisation of the courts, appointment of judges. It is also responsible for the entire penitentiary policy (prisons).

However, the federated entities may stipulate the penalties for breaches to their own legislation and may appoint some of their employees as judicial police officers.

  legal basis :
Constitution, art. 35
LSRI of 8/08/1980, art. 11
LRI of 31/12/1983, art. 5, §1

 

Assistance to people subjected to legal proceedings

Legal assistance for persons in custody is a community matter. In the French linguistic region, it is thus the French Community who is responsible for assisting persons in custody, and in the German linguistic region it is the German-speaking Community.

Legal assistance for persons not in custody is a community matter, where the French Community has transferred its responsibility for the French linguistic region to the Walloon Region.

The Walloon Region for the French linguistic region, and the German-speaking Community for the German linguistic region, are thus responsible for aiding persons who are not in custody.

NB: The measures for improving access to justice (legal aid) remain the responsibility of the Federal Authority.

 

legal basis :
Constitution, art. 128 et 130, art. 138
LSRI of 8/08/1980, art. 5, §1, alinea II, 2 and 7
LRI of 31/12/1983, art. 4, §2
Decree FC of 19/07/1993, art. 3, alinea 3-4°