null

EXPERTISE

WE PROVIDE EXCELLENT LEGAL ADVICE & ASSISTANCE in criminal law matters, fraud cases and white collar crime.

Boeckstijns represents clients before all Belgian courts in criminal cases and criminal law related matters.

We provide assistance and advice to both private individuals as well as companies.

Fraud and white collar crime

We provide legal advice in all sorts of criminal matters related to companies and their liability or that of their directors.

Discretion, professionalism and transparency are key in this respect.

 

 

CASSATION

An appeal in cassation is the review by the Court of Cassation of decisions taken at last instance.
If you disagree with the decision of the Court of Appeal or the court of first instance, you may choose to lodge a cassation appeal against this decision.

Cassation proceedings are instituted at the registry of the court that issued the contested decision.

This is done by a declaration that the person concerned wishes to appeal in cassation against the decision of the Court of Appeal or the court of first instance taken at last instance.

Such a declaration may only be made by a lawyer who holds a certificate for cassation proceedings in criminal matters.

Boeckstijns holds this certificate and is therefore authorised to bring appeals in cassation in criminal cases before the Court of Cassation.

There are 2 deadlines.

1)

The first term is the short term of 15 days after the contested decision to file an appeal in cassation.

This is done at the registry of the court that issued the contested decision.

 

Attention :

This period is an expiry period.

Once the time limit has expired, no appeal in cassation is possible.

Speed is therefore of the essence.

 

2)

The second deadline concerns the period of 2 months after the appeal in cassation was lodged.

Within this period, a written statement (so called “memorial”) must be submitted to the registry of the Court of Cassation.

These are the arguments put forward against the contested decision.

After the appeal in cassation has been lodged and a memorial has been submitted, the Court of Cassation will determine a day on which the case will be heard.

The Court of Cassation may quash the contested decision in whole or in part.

If the contested decision is quashed, the Court of Cassation refers the case to a court of the same hierarchy and level as the one having delivered the contested decision.

At this moment in time, various options are open again.

If the appeal in cassation is dismissed by the Court of Cassation, the decision of the Court of Appeal or the court of first instance becomes, in principle, irrevocable.

In this case, there are only two possibilities left to challenge the contested decision:

  • Application before the European Court of Human Rights
  • Request for revision in criminal matters

An application before the European Court of Human Rights must be filed within six months after the decision of the Court of Cassation.

If the European Court of Human Rights finds a breach or violation, the case can be reopened before a Belgian court.

An application for revision is possible if there are new circumstances or so-called “new facts”.

 

These can e.g. be:

 

  • New photos, documents, exhibits, which were not known to the court before
  • Withdrawal of witness statements after a decision made by court
  • Statements of witnesses who were not a witness during the criminal proceedings
  • Everything else that possibly shed a new light on the matter