International arrest warrant in Belgium: the investigating judge first
In Belgium a person arrested on a European warrant or an extradition request goes first before an investigating judge, within the same 48 hours that apply to any arrest. The pre-trial chambers then decide on execution, with appeal available. Belgium is a frequent transit point, which is why a great many of these arrests happen at borders and airports.
How it works here
| Step | Who | Note |
|---|---|---|
| Arrest | 48 hours to the investigating judge | The ordinary Belgian rule |
| Investigating judge | Decides on detention and informs the person | First judicial contact |
| Pre-trial chamber | Rules on execution of the warrant | Chambre du conseil |
| Appeal | Before the indictment chamber | And on points of law to the Court of Cassation |
| Consent | Shortens the procedure | Effects cannot be undone |
| Bail | Available in principle | Rare in surrender proceedings |
Why so many of these arrests happen here
Belgium sits on the routes between France, Germany, the Netherlands and the Channel, with two international airports, high-speed rail and a major port. A large proportion of surrender arrests here involve people passing through rather than living in the country.
That has a practical consequence: the person usually has no address, no employment and no ties in Belgium, which is precisely the profile on which detention is ordered. The answer is the same as everywhere — an address, documents, and where possible supervision enforced in the country of residence, described in the guide on pre-trial detention abroad.
The language of the proceedings
Belgian proceedings run in French, Dutch or German depending on the place and the choices made, and this is not a formality: it determines who can act, and a request to change the language has to be made at the right moment. It is one of the first questions to settle.
Where Italy is the other end
Belgium executes Italian warrants regularly, and the recurring issues are convictions in absence and the classification of the offence in the categories that dispense with dual criminality. Both are answered from the Italian file, which is the Italian side of the work.
The Belgian domestic framework is in the guide for Belgium and the surrender framework in the guide on the European Arrest Warrant.
Frequently asked questions
Who decides on surrender in Belgium?
The investigating judge first, on detention, and then the pre-trial chamber on execution of the warrant, with appeal to the indictment chamber.
How long before I see a judge?
Forty-eight hours, the same rule that applies to any arrest in Belgium.
Why am I detained if I was only passing through?
Precisely because of that: no address, no employment and no ties in Belgium is the profile on which detention is ordered. It is answerable with documents.
Which language will the case be in?
French, Dutch or German depending on the place and the choices made. It determines who can act and should be settled at the outset.
If an arrest has happened in Belgium
Forty-eight hours to the investigating judge, and the language of the proceedings decided at the start. First contact is free and covered by professional privilege, at any hour.