Victime of a Crime What To

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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.

The legal clerk can give you information regarding the procedure for the release of the perpetrator and record your opinion with regard to the conditions that could be imposed on him or her in defence of your interest.

However, he or she does not provide any legal counsel and is not qualified to provide psycho- social assistance. For these, he or she will direct you to first- and second-line legal aid or to specialised services.

4. How do I seek reparations for damages?

As a reminder, the official incident report certificate and the statement of the injured party do not suffice to seek reparation for damages. There are several ways to petition for damages and interest, amongst others: a) Insurance(s)

When you have been the victim of an offence, it is very important to examine all of your insurance policies: fire, civil liability (“family insurance”), legal protection, etc. To do so, you can contact your broker.

Indeed, certain insurance companies can directly compensate for damages. Others can provide legal representation.

Ensure that you do not wait too long since statements are often linked to a determined time period. b) The perpetrator has been identified b.1 Voluntary reparations

The perpetrator proposes to compensate the victim’s damages. You can also enter this request by way of registered mail. This procedure can be organised by a mediator.

If a complaint has been filed, you must inform the public prosecutor of the perpetrator’s willingness to compensate you.

6 b.2 Action instituted by the injured party for civil damages

If the public prosecutor decides to bring the perpetrator before the court, you are free to institute an action for civil damages during the public hearing. The action instituted by the injured party for civil damages consists of expressly requesting that the examining magistrate deliver a ruling with regard to reparation for the damages you have suffered. You may complete this procedure in person or be represented by your lawyer.

On this occasion, you will be asked to establish the amount of your damages in a detailed manner, as well as the link between the damages and the incidents alleged to have been perpetrated by the accused. On the basis of your file, the judge will determine whether the perpetrator must be sentenced to cover damages and interest and in which amounts.

However, your request is subject to contradictory debate: the accused can therefore contest your request.

The damages for which he or she can be held accountable are essentially material and moral. Material damages relate to the natural person or to the victim’s estate (medical costs, loss of revenue, repair costs, travel costs, funeral costs, lost objects, etc.). Fees paid to lawyers and experts are not covered by material damages leading to compensation. Moral damages relate to the physical or psychological suffering of oneself or a close relative (grief caused by the loss of a close relative…). The civil party can appeal the court’s decision if it refuses to grant damages or if the amount granted is considered to be insufficient. If you wish to institute an action for civil damages, do not hesitate to seek legal counsel from a lawyer. He or she could help you evaluate the amount of your damages and represent you during the hearing. b.3 Civil procedure

If your file is not subject to criminal prosecution but that fault is nonetheless established, you have the opportunity to bring the party responsible before the civil jurisdiction to claim compensation. This citation is performed by way of a bailiff.

If an investigation is ongoing, the civil judge can only rule on the matter once the criminal jurisdiction has definitively ruled with regard to the guilt of the perpetrator.

The pertinent jurisdictions are: • The Justice of the Peace if your damages amount to less than 1860 euros. • The Civil District Court if your damages exceed 1860 euros. c) The perpetrator has not been identified or is insolvent

If the perpetrator cannot be identified, if he or she is on the run or if he or she is insolvent and therefore unable to carry out the ruling granting you compensation, you may enter a request to the Commission for the assistance of victims of intentional acts of violence. This request must be sent by registered mail to the Commission’s secretariat.

This Commission intervenes to cover medical and moral damages resulting from an intentional act of violence. Urgent aid can be granted in certain cases.

The Commission will only intervene if you have attempted to obtain compensation via the previously described means. You will therefore be asked to first institute an action for civil

7 damages. You can contact the Commission or Victims Services directly to obtain information and assistance with this procedure. d) Fonds commun de garantie automobile (‘Group automotive guarantee fund’)

For victims of vehicular accidents, this fund can provide compensation for material damages and/or bodily harm in the following cases: • If the vehicle responsible cannot be identified (only bodily harm can be compensated); • If the vehicle responsible is not insured; • If the person responsible was driving a stolen car; • In cases of force majeure, of unforeseen events; • If the insurer is bankrupt.

This fund acts like an insurance policy. You will therefore be asked to send them a written accident statement.

5. Explanation of a few legal terms .

No action case : Decision of the public prosecutor’s office to not bring the file to trial.

Inquiry : enquiry performed under the direction of the public prosecutor with the intention of finding the perpetrator(s) and the evidence of the offences.

Indictment : enquiry led by an examining magistrate, studying elements that both support and counter his or her guilt status, with the goal of researching the perpetrators and examining the evidence of the offences. The examining magistrate can order that enquiry measures be undertaken, for example, a police search. Via victim-offender mediation services that can be considered by the public prosecutor when a criminal incident has been committed. The public prosecutor can convene the perpetrator of an offence and, insofar as the incident does not appear to warrant a punishment of primary correctional incarceration of more than two years or a heavier sentence, invite him or her to provide compensation or repair the damage caused by the offence and to provide him or her with subsequent proof of reparations. If required, the public prosecutor also convenes the victim and organises mediation with regard to compensation as well as its terms (art.216ter C.I.Cr.). In this case, mediation leads to the abandonment of criminal action.

Public prosecutor’s office (‘Ministère public’ or ‘Parquet’) : the body that defends the interests of society and that ensures that the law is properly applied. The public prosecutor acts as its representative.

Report (‘procès-verbal’) : document which contains all of the useful information regarding the offence, written by the police. It comprises among others the reports of the hearings of those parties heard within the framework of the investigation.

Public prosecutor : magistrate at the head of the Public prosecutor’s office, at the level of the legal district.

Via a settlement proposed by the public prosecutor’s office : When the public prosecutor, in the case of an offence punishable either by a fine, or by a prison term not exceeding five years, or of both these punishments, estimates that only a fine or a fine and confiscation are required, he or she can invite the perpetrator of the offence to pay an amount to the VAT authorities (transaction). Any damages caused to another party must be entirely redressed before the transaction may be proposed. However, it could also be proposed if the perpetrator 8 has acknowledged in writing his or her civil liability for the incident that caused the damages, and has produced proof of compensation of the non contested portion of the damages and the compensation payment terms. In any case, the victim could defend his or her interests before the appropriate court. In this case, the acceptance of the transaction by the perpetrator constitutes irrefragable presumption of his or her guilt.

6. Useful addresses

• Victims’ Services of the Public prosecutor’s office of Brussels ordinary law section (when the perpetrator is of age)

Rue des Quatre-Bras, 4 - 1000 Brussels T: 02/508.71.50 F: 02/519.83.78

Youth law section (when the perpetrator is a minor) and vehicular law

Rue des Quatre-Bras, 4 - 1000 Brussels T: 02/519.89.05 F: 02/519.83.78

• Victims’ Services

“Autrement ” Victims’ Services for district of Brussels I

Chaussée de Waterloo, 41 - 1060 Brussels T: 02/534.66.66

Service Laïque d’Aide aux Justiciables et aux Victimes - Brussels II “Assistance to victims” Section

Chaussée de Waterloo, 281 - 1060 Brussels T: 02/537.66.10 F: 02/537.12.22

• First-line social assistance Maison de justice Place Dillens, 1 - 1060 Brussels T: 02/535.92.11

• Legal aid office Rue de la Régence, 63 (lev.1) - 1000 Brussels T: 02/519.85.59

hours: from Monday to Friday from 9 am to 11 am Monday, Tuesday and Thursday from 2 pm to 4 pm

Each commune also has opening hours. You can obtain information from the Legal aid office or from your local town hall.

• Commission for the assistance of victims of intentional acts of violence Postal address : Boulevard de Waterloo, 115 - 1000 Brussels Offices : Porte de Hal, 5-8 - 1000 Brussels T: 02/542.72.08 or 02/542.72.44

• Fonds commun de garantie automobile (‘Group automotive guarantee fund’) Rue de la Charité, 33 bt 1 - 1210 Brussels T: 02/287.18.11

• Brussels Maison de justice Place Dillens, 1 - 1060 Brussels T: 02/535.92.11 F: 02/535.93.20-21

• Public prosecutor’s office - « ordinary law » section: rue des Quatre-Bras, 4 - 1000 Brussels T: 02/508.71.11 9 -section youth law: rue de la Régence, 4 - 1000 Brussels T:02/508.71.11 F:02/519.88.00 - Police tribunals (for vehicular accidents):

Brussels police tribunal Rue des Quatre-Bras, 4 - 1000 Brussels T: 02/519.81.11

Vilvoorde police tribunal B. Hanssenslaan, 11 - 1800 Vilvoorde T: 02/255.31.70

Halle police tribunal Zuster Bernardastraat, 33 - 1500 Halle T: 02/356.88.32

Victim support provided by police services

Federal police Service: sq. Victoria Regina, 1 - Subway Police, 1210 Brussels T: 02/223.97.32 - Railway Police, T: 02/223.97.33 - Highway patrol police, T: 02/223.97.76 F:02/223.97.44 Local police zone 5339 Laeken Place Emile Bockstael, 244 T: 02/279.88.28 1020 Brussels F: 02/279.88.19 Brussels Rue Marché au Charbon, 30 T: 02/279.77.36 1000 Brussels T: 02/279.77.37 F: 02/279.76.09 Ixelles Rue du Collège, 1 T: 02/515.77.79/86 1050 Brussels F: 02/515.71.99 Local police zone 5340 Zonal BAV Rue de la Sécurité, 4 T: 02/412.65.58 1081 Koekelberg T:02/412.65.59 F:02/412.65.96 SCAV Koekelberg Rue de la Sécurité, 4 T: 02/412.65.55 1080 Koekelberg F: 02/412.65.96 SCAV Molenbeek Rue Comte de Flandre, 20 T: 02/411.45.84 1080 Molenbeek GSM: 0478/299196 F: 02/411.45.84 SCAV Jette Place Cardinal Mercier, 11 T: 02/423.14.50 1090 Jette T: 02/423.14.56 F: 02/423.14.59 Local police zone 5341 Anderlecht Rue Démosthène, 36 T: 02/559.80.85 1070 Anderlecht Saint-Gilles Rue Antoine Bréart, 104 T: 02/559.89.51 1060 Saint-Gilles GSM: 0474/969991 F: 02/559.85.29 Forest Rue de Liège, 1 T: 02/559.87.68 1190 Forest Local police zone 5342 Uccle Square Marlow, 3 T: 02/373.59.52 1180 Uccle F: 02/373.58.65 Watermael-Boitsfort/Auderghem Drève du Duc, 2 T: 02/674.74.89 1170 Watermael-Boitsfort F: 02/660.66.85 Local police zone 5343 Etterbeek Rue Debelder, 15-17 T: 02/788.91.30 1200 Woluwe-St-Lambert F: 02/762.05.47 Woluwe-St-Lambert Rue Debelder, 15-17 T: 02/788.92.30 1200 Woluwe-St-Lambert F: 02/762.05.47 Woluwe-St-Pierre Rue Debelder, 15-17 T: 02/788.93.30 1200 Woluwe-St-Lambert F: 02/762.05.47 Local police zone 5344 Saint-Josse-Ten-Noode Rue de Beriot, 2A T: 02/249.26.40 1210 St-Josse-Ten-Noode F: 02/249.26.96 Square Victoria Regina, 1 T: 02/249.27.66 1210 St-Josse-Ten-Noode F: 02/249.27.68

11 Schaerbeek Rue Royal Sainte-Marie, 163 T: 02/215.54.80 (pop) 1030 Schaerbeek F: 02/245.15.33 Evere Av. du Cimetière de Bruxelles, 52 T: 02/249.20.30 1140 Evere T: 02/249.21.44 F: 02/249.21.42

12 Annex 1

OFFICIAL INCIDENT REPORT CERTIFICATE (Report or S.P.I) Please keep this document for your records!

Police zone: Address: Telephone: Fax: E-mail: Opening hours: Office hours

Your report (‘procès-verbal’) number: Date incident was officially reported: Your identity:

Recipient: Public prosecutor’s office near the district court of Rue des Quatre Bras 4, 1000 Brussels (opening hours for filing the statement of the injured party: 9 am – 11 am and 1:30 pm – 3:00 pm).

Dear Sir or Madam,

You have just filed an incident report with the police. This certificate constitutes proof of having filed your incident report. Furthermore, it contains important information that you will need in order to further the procedure.

The next measures taken to address your incident report

The report detailing your complaint will be sent to the public prosecutor’s office in Subsequent to enquiry, the public prosecutor will decide what measures will next be undertaken.

Information and victims’ rights

If you wish to be informed of the measures taken to address your incident report or to obtain certain rights, you have several options at your disposal:

1. You undertake no more procedures:

If the public prosecutor decides to bring a suspect to trial, you will be informed of the date of the hearing.

2. You make an injured party statement:

If you wish to be informed of further follow-up to your incident report, the law allows you to declare yourself an injured party .

How? By providing, either in person or through your lawyer, an injured party statement to the secretariat of the public prosecutor’s office whose address is indicated above. For your information, you will find a sample form in one of the annexes.

As an injured party, you will be informed in writing of the procedure as determined by the public prosecutor (for example: no action case and his or her reasons for this or the opening of an indictment) and a later hearing date before the trial district. You may also attach any document to the file that you deem useful.

3. You institute an action for civil damages:

If you wish to seek reparations for damages suffered or obtain other rights, you may institute an action for civil damages . 13

How? By making a formal statement, either in person or through your lawyer. This statement can be made at any stage of the procedure (before the examining magistrate, the examining jurisdiction or the court).

As a civil party, you may request to consult the file, request that additional investigative measures be undertaken, request damages or interest or take legal recourse against the ruling made (for example: to appeal a ruling).

Given the complexity and ramifications of this procedure, you are advised to consult a lawyer (see below). To this effect, please be aware of the possible financial consequences of action instituted by the injured party for civil damages.

Assistance to victims

Should you need assistance, you can inform the police department, who can then call on the police victims’ services office or who will direct you to another specialised service.

The victims’ services office * (which is part of the maison de justice) may, by appointment, communicate to you specific information about your file that concerns you. It can also provide the required support and assistance during the entire legal procedure. It also mandated to direct you to appropriate assistance services depending on the nature of your problem.

There is also a victim support services office that may help you, when necessary, to cope with the consequences of the offence, provide you with psycho-social or practical assistance and give you information. You can authorise the police to give your contact information to the victim support service by completing the referral form. In this event, the victim support services office will contact you as soon as possible.

The various services mentioned above are free of charge and completely optional.

Legal aid

In order to benefit from informed legal advice, it may be useful to consult a lawyer .

To obtain a first legal opinion free of charge, you can contact first-line legal aid* where lawyers are on call.

If this should prove to be insufficient and your income level does not enable you to afford a lawyer, you can also benefit from the assistance of a lawyer whose fees are completely or partially covered within the framework of second-line legal aid, through the legal aid office located in the palace of justice.

Mediation

Under the law, anyone involved in a criminal procedure may seek mediation free of charge. This may take place at each stage of the procedure, even at the time of sentencing. Mediation sought by the victim or the perpetrator does not constitute an alternative to a ruling. Mediation, negotiated with the help of a third party, enables the victim and the perpetrator to establish a dialogue about the incident and its consequences and seek possibilities for reparation. For further information, you can contact a certified mediation service * or the maison de justice *.

Insurance company involvement

If you have insurance (for example: legal protection or family insurance), you are advised to contact your insurance broker and provide him or her with a copy of your hearing minutes.

Yours faithfully,

The statement provider

14 Date:

* Useful addresses

Brussels Maison de Justice

Rue de la Régence, 63 - 1000 Brussels Tel: 02/ 557 79 11 Fax: 02/ 557 79 99

Victim support service at the public prosecutor’s office of Brussels

Rue des Quatre Bras, 4 – 1000 Brussels

Ordinary law section Tel: 02/ 508 72 71 Fax: 02/ 519 83 78

Transportation and youth law section Tel: 02/ 519 89 05 Fax: 02/ 519 83 78

Only by appointment.

First-line legal aid

Rue de la Régence 63 – 1000 Brussels

Télé-barreau (Legal advice via telephone): 02/ 511 54 83 Tel: 02/ 508 66 57

Legal aid office )

Rue de la Régence 63 (1 st floor) – 1000 Brussels Tel: 02/ 519 85 59 Fax: 02/ 514 16 53

Opening hours from Monday to Friday from 8:30 am to 10:00 am and from 1:30 pm to 3:00 pm (offices closed: Wednesday and Friday afternoons) From July 1 to August 31: Opening hours only from 8:30 am to 10:00 am.

Victim support services

Brussels Victim Support Services (I) Chaussée de Waterloo 41 - 1060 Brussels Tel.: 02/534.66.66 Fax: 02/534.36.45

Brussels Victim Support Services (II) Chaussée de Waterloo 281 - 1060 Brussels Tel.: 02/537.66.10 Fax: 02/537.12.22

Brussels Mediation Service

Mediante asbl Rue Sergent De Bruyne, 80 - 1070 Brussels Tel: 02/ 534 31 37 Fax: 02/ 534 16 10

Note: You can obtain additional information on the rights of the victims of offences on the website www.droitsdesvictimes.just.fgov.be. You may also obtain brochures from palaces of justice and maisons de justice on the website www.just.fgov.be (‘publications’ section) or by writing to the Federal Public Service Justice, ‘Information and contact’ division of the ‘Documentation and information’ 15 service, Bordet A - room 111, Boulevard de Waterloo 115 - 1000 Brussels (Tel. 02/542 69 78 or by e- mail at [email protected].

16 Annex 2

OFFICIAL INCIDENT REPORT CERTIFICATE

Simplified report (‘procès-verbal’)

Please keep this document for your records!!

Police zone: Address: Telephone: Fax: E-mail: Opening hours: Office hours

Your report (‘procès-verbal’) number: Date incident was officially reported: Your identity: born in on . Recipient: Public prosecutor’s office with the court of first instance of

Dear Sir or Madam,

The next measures taken to address your incident report

Your incident report has been recorded in a simplified report . In order to formulate a simplified report, the police takes into account the nature of the facts and circumstances of the case, such as, by way of example, the lack of a suspect or of leads contributing to the identification of a suspect. 1 This simplified report will remain at the police station and will not be sent to the public prosecutor’s office. However, the public prosecutor will be informed of your incident report via a monthly summary list.

If new evidence (for example: the identification of the perpetrator of the offence) provides a new perspective on the case, an ordinary report will be sent to the public prosecutor and you will be kept informed of this by the police department.

Information and victims’ rights

Under the law, you may declare yourself an injured party or you may institute an action for civil damages. However, given the justifications for formulating a simplified report, you are strongly advised to seek legal advice before initiating one of these procedures. To obtain a first legal opinion free of charge, you can contact first-line legal aid* where lawyers are available for consultations. With respect to this, please be aware of the ramifications, complexity and possible financial consequences of action instituted by the injured party for civil damages.

Assistance to victims

If you need assistance, you may inform the police department, which can then call on the victim support police service or direct you to another specialised service.

1 The College of General Prosecutors has prepared a list of offences that may be recorded in a simplified report. 17

The various services mentioned above are free of charge and completely optional.

Insurance company involvement

If you have insurance (for example: legal protection or family insurance), you are advised to contact your insurance broker and provide him or her with a copy of your hearing minutes.

Yours faithfully,

The statement provider

Date:

* Useful addresses

First-line legal aid

Rue de la Régence, 63 – 1000 Brussels

Télé-barreau (Legal advice via telephone): 02/ 511 54 83 Tel: 02/ 508 66 57

Victim support services

Brussels Victim Support Services (I) Chaussée de Waterloo 41 - 1060 Brussels Tel.: 02/534.66.66 Fax: 02/534.36.45

Brussels Victim Support Services (II) Chaussée de Waterloo 281 - 1060 Brussels Tel.: 02/537.66.10 Fax: 02/537.12.22

Note: You can obtain additional information on the rights of the victims of offences on the website www.droitsdesvictimes.just.fgov.be. You may also obtain brochures from palaces of justice and maisons de justice on the website www.just.fgov.be (‘publications’ section) or by writing to the Federal Public Service Justice, ‘Information and contact’ division of the ‘Documentation and information’ service, Bordet A - room 111, Boulevard de Waterloo 115 - 1000 Brussels (Tel. 02/542 69 78 or by e- mail at [email protected].

Annex 3

OFFICIAL INCIDENT REPORT CERTIFICATE (Report after Simplified Report)

Please keep this document for your records!

Police zone: Address: Telephone: Fax: Opening hours: Office hours

Your report (‘procès-verbal’) number: Date incident was officially reported: Your identity:

Recipient: Public prosecutor’s office with the court of first instance on Rue des Quatre Bras 4, 1000 Brussels (opening hours for filing the statement of the injured party: 9 am – 11 am and 1:30 pm – 3:00 pm).

Dear Sir or Madam,

The incident report that you have filed with the police has been recorded as a simplified report. This report was therefore not sent to the public prosecutor’s office of “Dest_Arrond”. In consideration of new evidence, your incident report will be sent to that office. This certificate contains important information that you will need for further stages of the procedure.

The next measures taken to address your incident report

After an investigation, the public prosecutor will determine how to follow up on your incident report.

Information and victims’ rights

If you wish to be informed of the measures taken to address your incident report or to obtain certain rights, you have several options at your disposal:

1. You undertake no more procedures:

If the public prosecutor decides to bring a suspect to trial, you will be informed of the date of the hearing.

2. You make an injured party statement:

If you wish to be informed of further follow-up to your incident report, the law allows you to declare yourself an injured party .

3. You institute an action for civil damages:

If you wish to seek reparations for damages suffered or obtain other rights, you may institute an action for civil damages .

Assistance to victims

If you need assistance, you may inform the police department, which can then call on the victim support police service or direct you to another specialised service.

The victim support service office * (which is part of the maison de justice) may, by appointment, communicate to you specific information about your file that concerns you. It can also provide the required support and assistance during the entire legal procedure. It also mandated to direct you to appropriate assistance services depending on the nature of your problem.

The various services mentioned above are free of charge and completely optional.

Legal aid

In order to benefit from informed legal advice, it may be useful to consult a lawyer .

To obtain a first legal opinion free of charge, you can contact first-line legal aid* where lawyers are available for consultations.

Mediation

Under the law, anyone involved in a criminal procedure may seek mediation free of charge. This may take place at each stage of the procedure, even at the time of sentencing. Mediation sought by the victim or the perpetrator does not constitute an alternative to a ruling. Mediation enables the victim or the perpetrator, with the help of a neutral person, to enter into a dialogue about the facts and their consequences and to look into possibilities for reparation. For further information, you can contact a certified mediation service * or the maison de justice *.

Insurance company involvement

If you have insurance (for example: legal protection or family insurance), you are advised to contact your insurance broker and provide him or her with a copy of your hearing minutes.

Yours faithfully,

The statement provider

Date:

20 * Useful addresses

Brussels Maison de Justice

Rue de la Régence, 63 - 1000 Brussels Tel: 02/ 557 79 11 Fax: 02/ 557 79 99

Victim support service at the public prosecutor’s office of Brussels

Rue des Quatre Bras, 4 – 1000 Brussels

Ordinary law section Tel: 02/ 508 72 71 Fax: 02/ 519 83 78

Transportation and youth law section Tel: 02/ 519 89 05 Fax: 02/ 519 83 78

Discussions only by appointment.

First-line legal aid

Rue de la Régence, 63 – 1000 Brussels

Télé-barreau (Legal advice via telephone): 02/ 511 54 83 Tel: 02/ 508 66 57

Legal aid office

Rue de la Régence 63 (1 st floor) – 1000 Brussels Tel: 02/ 519 85 59 Fax: 02/ 514 16 53

Office hours from Monday to Friday from 8:30 am to 10:00 am and from 1:30 pm to 3:00 pm (offices closed: Wednesday and Friday afternoons) From July 1 to August 31: Regular office hours only from 8:30 am to 10:00 am.

Victim support services

Brussels Victim Support Services (I) Chaussée de Waterloo 41 - 1060 Brussels Tel.: 02/534.66.66 Fax: 02/534.36.45

Brussels Victim Support Services (II) Chaussée de Waterloo 281 - 1060 Brussels Tel.: 02/537.66.10 Fax: 02/537.12.22

Brussels Mediation Service

Mediante asbl Rue Sergent De Bruyne, 80 - 1070 Brussels Tel: 02/ 534 31 37 Fax: 02/ 534 16 10

Note: You can obtain additional information on the rights of the victims of offences on the website www.droitsdesvictimes.just.fgov.be. You may also obtain brochures from palaces of justice and maisons de justice on the website www.just.fgov.be (‘publications’ section) or by writing to the Federal Public Service Justice, ‘Information and contact’ division of the ‘Documentation and information’ service, Bordet A - room 111, Boulevard de Waterloo 115 - 1000 Brussels (Tel. 02/542 69 78 or by e-mail at [email protected].

Annex 4

STATEMENT OF THE INJURED PARTY

Document to be presented in person or by a lawyer to the secretariat of the public prosecutor’s office at the following address:

I hereby declare that I am an injured party with regard to the file with the following report number:

My identity :

Surname: Given name(s): Place and date of birth: Domicile: National registry no.: Intervener acting in the capacity of the legal representative of: ...... (in this event, specify the nature of this capacity: ...…………………………………………………)

1. The incident during which I declare having been injured are the following :

Place of the incident: Date of the incident: Person(s) who caused the damages: ………………….…………………….. Nature of the offence:

2. The damages I have suffered are of the following nature (copy of any supporting documents to be attached):

bodily harm: ……………………………………………………………………………. material: …………………………………………………………………………… other, specifically: ……………………………………………………………… lack of damages: …………………………………………………………......

3. (only to be completed if the indication “lack of damages” has been checked above ):

My personal interest in presenting myself as an injured party is the following: ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………….… ………………………………...

I hereby indicate that I wish this statement to be included in the file once the public prosecutor’s office has compiled it and as a consequence that I be informed of the decision taken by the public prosecutor at the end of the enquiry. I will also be kept aware of developments related to the file, particularly of any indictment(s) and attachments that will be made before the trial and sentencing judges. In addition, I know that it is within my power to attach any document that I consider useful to the file.

Done at: (Signature)