Belgian Magistrate Aptitude Exam study materials
Belgian Magistrate Aptitude Exam study resources

Belgian Magistrate Aptitude Exam: Criminal Law and Criminal Procedure

Belgian Magistrate Aptitude Exam · Work through your exam, one topic at a time.

All guide sections

Criminal Law and Criminal Procedure

Substantive criminal law

Know the elements of an offence: legal basis (nullum crimen sine lege), material element, moral element (intent or negligence), and absence of justification (self-defence, necessity, lawful authority) or excuse. Understand attempt, complicity, and participation. Distinguish principal, co-principal, and accomplice.

Know penalties: imprisonment, fine with surcharge (décimes additionnels), community service, electronic monitoring, and the suspended sentence with probation. Understand the criminal record and rehabilitation. Know the statute of limitations for prosecution and for enforcement.

Procedure

Master the phases: investigation (police and investigating judge), prosecution by the public prosecutor, instruction, trial, and appeal. Know the pre-trial detention framework and the arrest warrant. Know the rights of the accused: presumption of innocence, right to silence, access to the file, assistance of counsel, and the Salduz rule on access to a lawyer before interrogation.

Know the special procedures: flagrant offence, summary trial, and the criminal settlement. Understand the role of the victim as civil party (partie civile) and the possibility of mediation.

Traps

Do not confuse the investigating judge (juge d'instruction) with the trial judge. Distinguish the public prosecutor's discretion from the legality principle. Watch the difference between nullity of procedure and exclusion of evidence.

Rule of thumb

For any scenario, ask: which phase, which actor, which right, and which sanction for a procedural defect?