2023-09-30 06:04:13
Due to the “lack of magistrates”, the prosecution wants to leave it to the Brussels municipalities to sanction shoplifting without limit of amount, as well as assault and battery without work stoppage.
The Brussels public prosecutor’s office still intends to offload the monitoring of certain mixed offenses to the municipalities. This is the meaning of the new memorandum of understanding relating to municipal administrative sanctions in the event of mixed offenses proposed by Tim De Wolf, the acting public prosecutor. Consulted by L’Echo, this draft protocol which is still the subject of negotiations provides in particular for transferring to the local level assault and battery without aggravating circumstances.
“Thanks to this reform, facts which until now were often closed without action might be sanctioned through municipal administrative sanctions.”
The reasons given for making this decision are to be found on the side of the “lack of magistrates” and “staffing reasons”, we plead to the prosecution. At the start of the year, Tim De Wolf warned the Brussels chiefs of his dilemma, in a letter, announcing “structural adjustments to its organization and its criminal policies”, which includes the massive recourse to the communes.
“Safeguards are put in place”
“Thanks to this reform, facts which until now were often dismissed might be sanctioned through municipal administrative sanctions. We insist on the fact that safeguards are put in place to prevent serious and/or repeated acts from falling outside the criminal sphere“, precise Yasmina Vanoverscheldespokesperson for the Brussels public prosecutor’s office.
The 2013 law relating to municipal administrative sanctions (SAC) offers municipalities the possibility of dealing with around fifteen criminal offenses. But a memorandum of understanding between the municipality and the public prosecutor’s office is then necessary to define which ones are actually transferred. It was in an attempt to modify that concerning adults that the prosecution came knocking on the door of the sanctioning officials at the beginning of 2023. The project was debated before the summer within the Conference of Mayors where it was far from unanimous. Some mayors did not view these potential transfers favorably. In addition to questions of principle, fears relating to an increase in the workload have been raised.
Take the case of shoplifting. The municipalities have already been dealing with this for around ten years, but with a ceiling of 250 euros. On the pretext that it is no longer able to prosecute the perpetrators of theft for higher amounts, the prosecution would like to let go and raise the limit of amounts. He would only keep control when the perpetrators are repeat offenders. “For staffing reasons and in order to ensure the consistency of criminal policy, it was proposed to increase the limit of damage from shoplifting to be dealt with in SAC from 250 euros to 500 euros. Following this proposal , the sanctioning officials themselves proposed to no longer set any limit on damage. However, there will always be exceptions where it will be the prosecution which prosecutes“, it says to the Portalis building.
“The prosecution presents us with a fait accompli.”
Some municipalities, however, have the feeling that they are being handed the hot potato. “The prosecution presents us with a fait accompli, sincehe made us understand that either we agree to deal with these facts, or they will all be closed without further action.since they can no longer keep up,” says one of the sanctioning officials in Brussels, speaking on condition of anonymity.
Vehicle destruction and assault and battery
Another change put on the table by the prosecution: the destruction or disuse of vehicle with intent to cause harm would also be prosecuted by municipalities with SAC, with the exception of police vehicles and public transport.
The third transfer that might take place concerns assault and battery without incapacity for work and without aggravating circumstances, with the exception of domestic violence. Basically, pairs of slaps given in the street without a hospital stay. “In order to limit impunity, it was proposed to municipalities to deal with these offenses in SAC as the law provides for and as is already done in the judicial district of Liège and Namur for several years”, continues the Brussels prosecutor’s office.
However, this choice to have the violence dealt with by the municipalities is a red line crossed, according to certain sanctioning officials. In fact, the latter are not as well equipped as the public prosecutor’s offices since they cannot hear witnesses or request additional duties.
“We are not equipped to decide on compensation for the victim.”
“Even if there is no physical incapacity, there may be moral harm. We are not equipped to decide on compensation for the victim. If the parties do not wish to enter into mediation, we can just impose a fine or a work sentence. This leaves little room for the victim“, points out the sanctioning official from another Brussels locality. And another official points out that the sanctions provided for, namely fines capped at 350 euros, may seem relatively low in the case of physical violence.
The Brussels public prosecutor’s office is the subject ofa deep crisisregretted by the highest authorities, in particular his hierarchical superior, the Attorney General To Johan Delmu. The prosecution has been led, due to community impasse, for two and a half years by an acting prosecutor who is now applying for the federal prosecutor’s office. He saw his workforce increase from 119 magistrates to 95 during 2023, while suffering from numerous prolonged sick leaves. In five years, the number of criminal cases dismissed has climbed 157%a totally untenable situation.
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