Honors

In Belgian criminal law, there is the idea of an honor system. What this entails and what the conditions are are explained in this article.

What

The official term in Belgian criminal law is "restoration of honor and rights." This restoration ensures that the disqualification from certain rights is reversed (including the right to vote or stand for election), that the conviction is no longer mentioned on the excerpts from the criminal record (popularly called criminal record), and that this conviction can no longer lead to the application of the figure of legal repetition, when a new conviction is pronounced. Your criminal record is thus purged, so to speak.

Terms

Before this can be obtained, a number of conditions must first be met, notably:

In principle, the custodial sentence handed down must have been served and the fine imposed must have been paid. If other sanctions have been imposed in the sentence, these must also be complied with. These include obligations to pay restitution, damages and expenses. If the punishment can no longer be executed due to the statute of limitations, this statute of limitations must not be due to yourself.
You must not have enjoyed a previous recovery in honor and rights within the past 10 years.
A probationary period must be completed that ranges from 3 to 10 years. The specific term depends on the nature of the sentence and facts for which restoration of honor and rights is sought.

How

If you wish to enjoy a restoration of honor and rights, an application should be addressed to the Public Prosecutor of the judicial district of residence or domicile. If you reside abroad, the application should be addressed to the Public Prosecutor of Brussels. The application is not legally regulated, so no specific formal requirements are necessary. A letter is sufficient. However, it is important that the request is justified, as well as some information must be communicated:

conviction for which you wish to enjoy a restoration in honor and rights; and
places of residence during probation from 3 to 10 years.

Review

After all of the above has been verified, the file will be turned over to the Attorney General. The latter will submit the file to the Chamber of Indictments, where a decision will be made on the application. This will be done on the basis of a court decision.

If You have questions about the restoration in honor and rights, or You would like to have an application filed, do not hesitate to contact us.