CRIMINAL LAW

 

Me Decortis is praised for her unrivalled advocacy skills, her unbending will to succeed as well as her ability to handle clients with sensitivity.

She knows when to have a fight and when to have people listen to you and like you”

“Persuasive and appropriately firm in her advocacy, making her a fearsome opponent”

“Her approachable manner puts clients at ease”

 

Maître Decortis practice encompasses all procedures of criminal law, defending presumed perpetrators as well as victims.

 

She has extensive experience in all courts.

 

The firm's files relate to all types of offenses, from common criminal law to family criminal law as well as milder contraventions in police court.

 

Maître Decortis will assist you in any French-speaking court in Belgium.

She is fluent in English.

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The role of criminal lawyer is not limited to pleading before the Criminal Court. He or She advises, informs and assists the client throughout the procedure, before, during and after the trial.

 

I received a summons to be heard by the police. Can I be assisted by my lawyer?

 

Yes and no. The rights a person enjoys in the event of a hearing depend on their status in the context of that hearing.

 

The "Salduz" law entered into force on January 1, 2012.

 

Before being heard by the police, a person always has the right to consult his or her lawyer. 

 

If you want to know more about the Salduz law, click here .

 

A relative has just been placed in detention. What to do ? How to help him/her? 

 

If a person is placed in preventive detention by an investigating judge (juge d'instruction), the presence of a lawyer is essential ... and urgent!

 

First of all, it will be necessary to draw the lines of a defense strategy as quickly as possible.

 

Nothing is more damaging than a turnaround in defense strategy along the way!

 

The detained person will appear within five days before another judge (in the Council Chamber) who will decide whether or not to keep him/her detained.

 

If this judge decides to keep him/her in detention, he/she will appear again in front of that Chamber a month later and so on.

 

It is possible to appeal the decision of the judge of the Council Chamber.

 

Before the judge of the Council Chamber or before the investigating judge, Maître Decortis will do everything to avoid prison or to get out as quickly as possible. By discussing with the detained person and with his/her family, and depending on the offenses he/she is accused of, we can offer a reasonable and serious alternative to prison: conditions, bail ...

 
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Victim of a criminal offense

 

You are or have been the victim of an assault, theft, a fraud ...

You or a loved one has been the victim of an act of terrorism ... The recent dramatic history in Europe has led to several legislative measures - see here.

Fatalism and impunity are out of the question!

I filed a complaint with the police. Is it sufficient ?

What if "nothing moves"?

How to take a more active part in the investigation?

You may have already lodged a complaint with the police. This is a first step.

 

If you have the feeling that "nothing is moving", you have the possibility of influence the investigation and the future trial ("constitution de partie civile"). You will be able to regularly take note of the evolution of the investigation, request investigative measures, ...

 

A civil party can either launch an investigation or be added to an investigation already in progress.

 

Maître Decortis will guide you, write the necessary documents, and represent you before the courts.

 

I have been notified of the trial of my attacker. What should I do ?

Will I be automatically compensated at the end of it?

Do I have to attend the trial?

You will be notified of a trial if you have been a victim.

 

However, to assert your rights during the trial, you must be a "civil party".

 

If you did not become a civil party at the investigation stage, there is still time to do so at trial. To do this, you need to draw up a written procedural document. Me Decortis will help you do this.

 

During the trial, she will fight alongside the prosecutor in establishing the guilt of the perpetrator(s).

 

And finally, she will assist the victim in assessing the damage and claim compensation: material damage, moral damage, incapacity for work, cosmetic damage, household ... Please remember to collect all the documents necessary to establish this damage. The more your file will be documented, the more you will have the chance to see the author(s) ordered to pay you the amounts claimed.

 

Once the trial is over, how do I actually get my compensation?

Once the conviction is final, it is still necessary to have it executed. A variety of civil actions exist: seizure of wages or unemployment benefits, seizure of property ...

 

The intervention of a "huissier de justice" will generally be essential.

 

If the perpetrator(s) is/are completely insolvent, for example in the event of imprisonment or lack of income and / or seizable property, there will remain the Assistance Fund for Victims of Intentional Acts of Violence with which Maître Decortis will help you prepare a file.

 

In some cases, you will have to be patient to recover the sums ...

 

Do I have my say, as a victim, on the prison sentence of the perpetrator (s)?

 

No. The victim, a civil party, has a dual role during the trial: that of participating in the manifestation of the truth and of considering that the facts are established on the one hand, and that of obtaining compensation, in the form of financial compensation.

 

The sentence of imprisonment will be the matter of the judge, on requisition of the Public Prosecutor.

 

On the other hand, the victim has a say in the way in which the sentence will be carried out, by making your compensation one of the conditions for possible early release. You have a formidable pressure instrument!

 

Maître Decortis will represent you before the Court for the Application of Penalties.