Supreme Court rules on coronas thrusters
On June 9, the Supreme Court ruled on the applicability of Article 328bis of the Criminal Code to the "coronas pusher."
To be punishable under this article requires 3 things:
1. The substances must be those which, without being dangerous in themselves, give the impression of being dangerous;
2. Be disseminated by any means;
3. And of which the perpetrator knows or should know that it may cause serious feelings of fear of an attack on persons or property, which is punishable by imprisonment for at least two years.
Facts
The man in question was detained after spitting at police departments and allegedly giving the impression that he was infected with the covid-19 virus.
The Chamber of Indictments of the Antwerp Court of Appeals upheld the spitter's pre-trial detention in prison, as they considered that there was sufficient evidence of guilt that the spitter, through his behavior, wanted to cause panic and fear among the police services by spreading his saliva.
However, the "spitter" is of the opinion that the Chamber of Indictments did not sufficiently take into account the fact that he had not yet been tested for the presence of the COVID-19 virus and, consequently, no serious indications of guilt could be withheld on his part since it was not established that the substance was merely apparently dangerous.
Cassation has ruled on this matter that the investigating court itself assesses whether, in light of the concrete dossier data, there are serious indications that the substance in question is a non-hazardous substance that gives the impression of being dangerous. That assessment does not necessarily require that the substance that was distributed be tested or that he who distributed the substance be tested.
Currently, the man remains further detained.
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June 18, 2020
