Information You have been the victim of a crime What steps must be taken? 1 INDEX 1. You have been the victim of a crime. What steps must you take? 3 2. The police writes a report. 4 a) Report b) Procedure 3. How do I remain informed about the status of my file? 5 a) The statement of the injured party b) Action instituted by the injured party for civil damages c) Victim Support Services for the public prosecutor’s office 4. How do I seek reparations for damages? 6 a) Insurance(s) b) The perpetrator has been identified b.1 Voluntary reparations b.2 Action instituted by the injured party for civil damages b.3 Civil procedure c) The perpetrator has not been identified or is insolvent d) Fonds commun de garantie automobile (‘Group automotive guarantee fund’) 5. Explanation of a few legal terms 8 6. Useful addresses 9 Annex 1 13 Annex 2 17 Annex 3 19 Annex 4 22 2 1. You have been the victim of a crime. What steps must be taken? The Brussels-Capital Region has six police zones. Should you wish to file a complaint, you can contact one of our police stations 1. If you would like to receive assistance immediately following the incident, you can speak with the police officer who receives you. Depending on your needs, this officer can direct you to victim support police services. You can also directly contact the department’s psycho-social counsellor. Victim support police services can: • receive you, listen to you and provide support to you, as well as your close relations, • help you take the necessary administrative steps, • provide you with psycho-social and legal information adapted to your request, • direct you to the various appropriate services. 1 Addresses of local police stations in Brussels: ⇒ Brussels-Ixelles (PZ 5339) 02/279.79.79 rue Marché au Charbon 30 - 1000 Brussels ⇒ Berchem St Agathe, Ganshoren, Jette, Koekelberg, Molenbeek St Jean (PZ 5340) 02/412.12.12 rue du Facteur 2 - 1080 Molenbeek St Jean ⇒ Anderlecht - Forest - St Gilles (PZ 5341) 02/559.81.40 rue Démosthène 36 - 1070 Anderlecht ⇒ Uccle - Watermael-Boitsfort - Auderghem (PZ 5342) 02/373.58.11 square Marlow 3 - 1180 Uccle ⇒ Etterbeek - Woluwe St Lambert – Woluwe St Etienne (PZ 5343) 02/788.53.43 Chaussée St Pierre 122 - 1040 Etterbeek ⇒ Schaerbeek, Evere, St-Josse-Ten-Noode (PZ 5344) 02/249.22.11 square S. Hoedemaekers 9 - 1140 Evere Police stations outside of the Brussels-Capital Region: Rhode St Genèse (PZ 5403) – Linkebeek - Drogenbos 02/363.84.00 Avenue de la Fôret de Soignes 79 - 1640 Rhode St Genèse Tervuren (PZ 5398) 02/767.30.00 Grote Markt 7 - 3080 Tervuren Kraainem – Wezembeek-Oppem (PZ5401) 02/766.18.18 Molenweg 20 - 1970 Wezembeek-Oppem Waterloo (PZ 5274) 02/352.98.00 Rue François Libert 28 - 1410 Waterloo 3 2. The police writes a report a) Report As a person who has been a victim of a crime, you can make a statement to the police. The police writes a report. You can re-read and correct the minutes of your hearing and you will receive a copy of it. These measures do not necessarily need to be taken with the police located in the place where the crime was committed. Police on-web gives you the ability to file your complaint on-line. You will then receive an official incident report certificate 2, bearing your file number (ex: BR.00.AA.000000/2008). This number is essential for later dealings with insurance companies, the public prosecutor’s office, etc. 2The police provides you with an official incident report certificate: -in the case of an ordinary report or in the case of a standard police investigation (SPI) report (annex 1 ). - in the case of a simplified report ( annex 2 ). The report is not sent to the public prosecutor’s office. -the form contained in annex 3 is completed when the simplified report is transformed into an ordinary report or when a subsequent report is written and sent to the public prosecutor’s office. When the police has, for example, responded to your complaint at your domicile, the certification form must be sent to you by post within 8 days. b) Procedure When the police writes an ordinary report or SPI, it will be sent to the public prosecutor’s office. The report then becomes the public prosecutor’s responsibility. He or she opens an investigation and your file will henceforth be available for consultation. If certain specific duties must be accomplished, such as, for example, the issue of an arrest warrant, an autopsy, a reconstitution or telephone surveillance, he or she refers the matter to an examining magistrate. The file is then managed by this examining magistrate. Depending on the results of the investigation, the public prosecutor will take one of the four following decisions: • he or she decides to take legal action against the perpetrator against whom the complaint has been filed and to directly bring him or her before the appropriate court. • he or she proposes a settlement to the perpetrator, insofar as the latter acknowledges the damages and has initiated compensation for the damages. • he or she sends the file to the victim-offender mediation service in order that the parties, on a voluntary basis, arrive at a mutually satisfactory agreement. • he or she decides not to take any further action with regard to the file, while specifying his or her reasons for this. The diagram that follows provides an outline of the procedure. However, please note that this diagram is not applicable to all situations (for example, when the perpetrator is a minor). 4 3. How do I remain informed about the status of my file ? What is the sequence of events related to addressing my complaint? a) The statement of the injured party (Annex 4 ) The fact that you have made a complaint against someone does not provide a guarantee of being informed of the follow-up measures taken with regards to the complaint. Only the setting of a public hearing, if applicable, would be communicated to you in order to enable you to simultaneously institute an action for civil damages.-{}- If you wish to be kept informed by post of the decisions taken regarding the file (for example, an indictment or a decision not to take further legal action), you will need to take additional steps: the statement of the injured party. (This form will only be given to you in the case of a simplified report). Indeed, the status of injured party gives you the right to be kept informed by the public prosecutor’s office: - of the decision not to proceed with charges regarding your file and reason(s) for this, - of the indictment, - of the setting of a hearing date before the appropriate court. In addition, you can attach to your injured party statement all of the documents that you deem useful for the public prosecutor (medical certificates, photos, etc.). There is a clear distinction between the statement of the injured party and the action instituted by the injured party for civil damages. The statement of the injured party does not enable you to seek reparations for damages. This form must be filed personally (by yourself or by your lawyer) with the secretariat of the appropriate public prosecutor’s office (ordinary law, youth law if the perpetrator is a minor, or finally, transportation law for vehicular accidents). The statement of the injured party can therefore not be sent by post. b) Action instituted by the injured party for civil damages If the file is the subject of an indictment, it is also possible for you to institute a civil action for damages with the examining magistrate by arranging a meeting with the latter. This procedure (free of charge) will give you certain rights with regard to the procedure underway: you can enter a request to obtain access to the file during the indictment or to request additional duties of enquiry. If the file is not subject to an indictment, you can institute an action for civil damages to obtain the rights described above (unless the incident(s) was committed by minors). In so doing, you will automatically refer the matter to an examining magistrate. However, this procedure involves the payment of a guarantee (125 euros) to the investigating court’s registry. Any further legal costs could also be charged to you. c) Victim support services office of the Public prosecutor’s office The magistrates and staff of the public prosecutor’s offices and courts have a duty to treat you in a proper and conscientious manner. 5 The victim support services office can intervene in order to ensure that you receive the necessary attention during the legal procedure, from the filing of the complaint to sentencing, and that you are able to properly defend your rights. The magistrate in charge of your file, taking into account the gravity of the infraction’s physical, psychological, material or social consequences that have been suffered as well as the relationship between you and the perpetrator, will invite the victim support services office to propose its services to you. The legal clerk working at the victims’ services office will then provide you with specific information regarding the significant stages in the progression of your file. He or she can also act as an intermediary and send the magistrate any questions that you have. In particular, he or she can assist you during the consultation of the file, the court hearing or the restitution of the evidence in support of conviction.