Arrested in Brussels: 48 hours to see the investigating judge
Belgium gives you 48 hours. Within that period — extended from 24 by a law of 2017 — an investigating judge must decide whether to issue an arrest warrant or release you. Belgium does have bail: the investigating judge can release against a security, and electronic monitoring is available as a way of serving a warrant outside prison.
The Belgian clock
| Step | Rule | Note |
|---|---|---|
| Judicial arrest | 48 hours from the moment the police take you into custody | Extended from 24 hours in 2017 |
| The decision | An investigating judge issues an arrest warrant or releases you | Only a judge can do it |
| Lawyer | Assistance from the first police questioning and before the judge | Statutory right |
| Bail | Release against a security, usually with conditions | Returned if conditions are respected |
| Electronic monitoring | A way of serving an arrest warrant outside prison | Decided by the judge |
| Minor offences | Settlement by payment where the prosecutor seeks under two years | Closes the matter |
The last line is worth knowing before anything else is decided: for offences at the lower end, Belgian procedure allows the matter to be settled by paying a sum, which is not a fine and does not require a trial.
What actually happens in Brussels
- The centre and the Grand-Place at night: fights, and complaints from both sides.
- Theft and pickpocketing accusations around the stations, particularly Midi and Central.
- Drugs at the low end, in the Ixelles and Saint-Gilles nightlife.
- The European quarter, which generates a category of its own: proceedings touching institutions, contractors and people working with them.
- Zaventem and Charleroi airports: customs, luggage, and arrests on an alert relating to another country.
- Public order around demonstrations, which in Brussels are frequent and international.
Brussels is also the city where two languages and two legal cultures meet in the same building, which in practice means the file may be in French or in Dutch. Which one it is affects who should be instructed.
The Italian side
Only a lawyer admitted in Belgium can appear before a Belgian court. The Italian side covers what that lawyer does not: a parallel Italian proceeding, a warrant issued by Italy, an alert circulating, and the family who need the position explained in their own language.
The coordination model is in how a correspondent case is run, and the surrender framework in the guide on the European Arrest Warrant.
Frequently asked questions
How long can Belgian police hold me?
Forty-eight hours from the moment you are taken into custody, within which an investigating judge must issue an arrest warrant or release you.
Is there bail in Belgium?
Yes. The investigating judge can release you against a security, usually with conditions, and the money is returned if those conditions are respected.
Can I have a lawyer during questioning?
Yes. Belgian law provides for assistance from the first police questioning and before the investigating judge.
Will the file be in French or in Dutch?
Either, in Brussels. Which language the proceedings are in affects who should be instructed and should be established at the outset.
If this is happening now
Forty-eight hours is the whole window, and the judge decides at the end of it. First contact is free and covered by professional privilege, at any hour.