Pre-trial detention in Belgium: from arrest to the council chamber

When someone is arrested and brought before the investigating judge (onderzoeksrechter / juge d’instruction), every decision counts twice over. In law, pre-trial detention is an exceptional measure and not an advance on a sentence: you remain presumed innocent. In practice, however, the first hours and days often shape the rest of the case. This article explains step by step how pre-trial detention works in Belgium, from arrest to the council chamber (raadkamer / chambre du conseil), what your rights are and which alternatives exist.

Arrest: 48 hours at most

If you are caught in the act (heterdaad / flagrant délit), the police may deprive you of your liberty, whereas in other cases the public prosecutor (procureur des Konings / procureur du Roi) may have a person deprived of liberty where there are serious indications of guilt of an offence. If a judicial investigation is already under way, the investigating judge may also issue a warrant to bring you in (bevel tot medebrenging / mandat d’amener). Under Article 12 of the Constitution and Articles 1 and 2 of the Pre-trial Detention Act of 20 July 1990 (wet betreffende de voorlopige hechtenis / loi relative à la détention préventive), this deprivation of liberty may not exceed 48 hours, counted from the moment you are no longer free to come and go.

Within those 48 hours, you must either be released or the investigating judge must issue an arrest warrant (aanhoudingsbevel / mandat d’arrêt) that is served on you within the same period. If this is not done in time, you must be released (Article 18). Unless stated otherwise, the other articles cited refer to that Act.

Your rights during the first 48 hours

Before the first interview, you receive a written letter of rights in a language you understand. The key rights are:

• A lawyer. Before the first interview, you are entitled to a confidential consultation with a lawyer of your choice or with a duty lawyer. That consultation must take place within two hours of contact with the lawyer and in principle lasts thirty minutes. During the interview, you are entitled to the assistance of your lawyer, and the interview may be interrupted once for a further consultation (Article 2bis).
• The right to remain silent. You are not obliged to make a statement or answer questions, and you cannot be compelled to incriminate yourself (Article 47bis of the Code of Criminal Procedure).
• Informing someone. You may ask for a person of your choice to be informed of your arrest. In exceptional cases, this may be temporarily delayed.
• Medical assistance and an interpreter. You are entitled to medical assistance and, if you do not understand or speak the language, to the free assistance of an interpreter.

Only an adult can waive the right to a lawyer, in writing and after being properly informed. Do not do so lightly: what you say in those first hours stays on the file. Read more about your rights during a police interview.

The investigating judge’s arrest warrant

After an interview, at which your lawyer may be present, the investigating judge decides whether to issue an arrest warrant. The judge must first tell you that this is being considered and hear your observations on it. An arrest warrant is only possible if all of the following conditions are met (Article 16):

• Absolute necessity for public security.
• A sufficiently serious offence. The offence must be liable to a penalty of a minimum severity set by law. Under the former Criminal Code, this was a principal correctional prison sentence of one year or a heavier penalty; since 1 September 2026, it has been a level 2 penalty or a heavier penalty.
• Serious reasons. Except for the most serious offences, there must also be serious reasons to fear that you would commit new offences, abscond, destroy evidence or collude with third parties.

Pre-trial detention may never be used as immediate punishment or as a means of pressure. The arrest warrant must state its reasons and refer to the specific circumstances of your case. The investigating judge may also decide that the warrant will be enforced under electronic monitoring instead of in prison.

The council chamber reviews pre-trial detention within five days

The arrest warrant is valid for no more than five days from its execution. Within that period, you appear before the council chamber, which examines whether the warrant is lawful and whether detention remains necessary (Article 21). For this first appearance, the file is open for inspection by you and your lawyer on the last working day before the hearing. The hearing takes place in private.

If the council chamber maintains detention, that decision is valid for one month. After that, the council chamber reviews detention again, every month and, from the fourth decision onwards, every two months (Article 22). Each time, your lawyer can raise new arguments, and you can ask the investigating judge for a recapitulatory interview.

Appeal: within 24 hours

You can appeal against a decision of the council chamber to the indictment chamber (kamer van inbeschuldigingstelling / chambre des mises en accusation), within 24 hours of service (Article 30). That deadline is extremely short, so tell your lawyer straight away if you want to appeal. The public prosecutor’s office can also appeal, for example against a decision to release you.

The indictment chamber must decide within fifteen days. If it does not, you are released, unless the case was adjourned at the request of the defence. In certain cases, an appeal to the Court of Cassation is still possible against its judgment, again within twenty-four hours of service (Article 31).

Alternatives to pre-trial detention

The investigating judge and the investigating courts can leave you at liberty under conditions, for a maximum of three months, renewable each time (Articles 35 and 36). Examples include a no-contact order, a duty to report, supervision or treatment, or a ban on visiting certain places. Release on payment of bail is also possible. In addition, the investigating judge may lift the arrest warrant during the investigation (Article 25).

If you do not comply with the conditions, an arrest warrant may still be issued. A realistic, well-documented proposal makes all the difference here: a fixed address, work or training, family support and, where appropriate, treatment. That file needs to be built from the very first day.

Contact and visits

After the first interview by the investigating judge, you may communicate freely with your lawyer. Other contacts may be prohibited for a maximum of three days. Where there is a serious risk of evidence being concealed or of collusion with third parties, the investigating judge may restrict visits, correspondence or telephone calls with certain people (Article 20).

Afterwards: credit for time served and compensation

At the end of the judicial investigation, the council chamber rules on the settlement of the proceedings: a decision not to prosecute (buitenvervolgingstelling / non-lieu) or referral to the trial court, usually the criminal court (correctionele rechtbank / tribunal correctionnel). If you are referred, also read what happens when you have to appear before the criminal court.

If you are later sentenced to imprisonment, the time spent in pre-trial detention is deducted from that sentence (Article 41(3) of the Criminal Code). For any other penalty, the court takes it into account when choosing the penalty and determining its severity (Article 63 of the Criminal Code). If the case against you is dismissed or you are acquitted, compensation for unjustified pre-trial detention is available under certain conditions (Act of 13 March 1973). You claim that compensation by a petition to the Minister of Justice (Article 28 of that Act); do not delay in doing so.

Frequently asked questions

How long can pre-trial detention last?

The law sets no fixed maximum duration. The council chamber must, however, review detention regularly, and detention may not exceed the reasonable time guaranteed by Article 5 of the European Convention on Human Rights.

Can my family visit me?

Yes, in accordance with the prison rules, unless the investigating judge has imposed temporary restrictions in the interest of the investigation.

Can I speak for myself before the council chamber?

Yes. The council chamber hears both you and your lawyer. What you say there should, however, be carefully prepared with your lawyer.

What is the difference between the council chamber and the indictment chamber?

The council chamber is an investigating court within the court of first instance. The indictment chamber is the investigating court of the court of appeal and rules on appeals against decisions of the council chamber.

A family member has been arrested. What can I do?

Contact a lawyer immediately. A lawyer can attend the interview, liaise with the family and prepare a proposal for conditions: work, housing and support.

Novex Advocaten is here to help

After an arrest, speed is decisive. We assist you during the interview, before the investigating judge and before the council chamber and the indictment chamber, in English, French, Dutch and Arabic. See also our overview of your rights as a suspect in criminal proceedings and of our legal assistance in Arabic.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.