Sex crimes: always audiovisual recording at interrogation?
On April 2, 2021, the Council of Ministers approved the preliminary draft of the law for the sexual criminal justice reform approved.
We are already listing the most far-reaching changes of this reform for you (read it here)
On May 4, 2021, the Supreme Judicial Council also ruled on the bill regarding changes to the audiovisual recording of an interrogation.
Indeed, the Supreme Judicial Council favors the future interrogation of all audiovisual recording of victims and witnesses of sexual crimes.
What is an audiovisual interrogation?
The term "audiovisual" already captures the essence of the interrogation: the interrogation is recorded, both visually and with audio.
In addition, the audiovisual interrogation is always conducted in the same step-by-step manner by specialists. Special attention is paid to protection of the vulnerable interrogated person.
In an audiovisual interrogation, there is always a direction and interrogation room. The victim or witness may sit with their confidant in the interrogation room, where the effective interrogation will take place.
Adjacent to this room is an area room, where the technical equipment is located. From here, a director follows along with the interrogation. He is responsible for recording the interrogation. The interrogator can also fall back on the director - who is also trained - during the interrogation should he reach an impasse.
Other individuals such as a psychiatrist, ... may also be present in the regional office for support.
For whom is the audiovisual interrogation currently used?
Typically, the interrogation of suspects, witnesses or victims is not audiovisually recorded. The possibility exists, but it is not the rule.
In doing so, the law makes the exception for minors and vulnerable adults which it victim have become or witnesses are from sexual offences. By definition, they are always interviewed audiovisually.
This protection was built in, among other things, because it could have the effect of allowing the transcript of that hearing or audiovisual data carriers to replace the personal appearance of the victim or witness in court.
Future?
An opinion was granted by the Supreme Judicial Council on a bill seeking this exception extend to all victims or witnesses of those sexual crimes, including non-vulnerable adults.
The SJC is already in favor of this extension, but believes that it should be implemented in a different way than the bill. The SJC invites the legislature to conduct a global reflection on this matter.
We will, of course, keep you informed!
Would you like more information about this or to be assisted by a specialized vice lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00
May 10, 2021
