Until now, the chance to plead guilty in exchange for a reduced sentence was only offered on a case-by-case basis. But in one Belgian court, the option is being systematically offered.
The deal, which allows those who commit certain offences to plead guilty in exchange for a reduced sentence, seems more like something from American crime dramas than a common practice in a Belgian court. While the system was implemented in the country in 2016, it was rarely used.
But from now on, anyone prosecuted in Antwerp for environmental crimes and crimes such as fraudulent bankruptcies, money laundering and tax fraud will be offered this deal and given a month to consider, L’Echo reported.
"Until now, we have only applied the procedure on a case-by-case basis," said Antwerp public prosecutor Steven De Winter. "Hereon, we will systematically offer the guilty plea option to people who have to appear in court." The pilot project will only apply to these crimes that seem more technical and less sensitive for the victims. In more complex cases, the public prosecutor will offer to negotiate.
Clearing the judicial backlog
If the prosecution reaches an agreement on a guilty plea, there will no longer be a trial on the merits in court. The judge will then simply assess whether the agreement was reached correctly and whether the sentence agreed is proportionate. Those who do not wish to compromise follow the classic legal route by appearing in court.
It is hoped that the pilot project will save time for prosecutors and judges, as the legal system across several districts in the country is currently over-run. If the pilot project proves successful, it will likely be extended to other public prosecution departments. "Other public prosecutors are following our project with interest," De Winter pointed out.
Related News
- Dutch minors enlisted in Belgian drug violence for as little as €50
- UK: Man acquitted after 17 years in prison for a rape he did not commit
Justice Minister Vincent Van Quickenborne wants the courts to apply the guilty plea more widely. He has prepared a bill that simplifies the procedure and pays more attention to possible victims. The text excludes guilty pleas for offences punishable by more than five years’ imprisonment and cases such as murder, rape and sexual offences involving minors.
Importantly, the conviction of the crime will still appear on the criminal record of the person who pleaded guilty. This is an important difference from the extended plea bargain, which allows suspects to buy off prosecution, and so stay under the radar as there is no trial and therefore no conviction.
