Belgium

On criminal fines linked to "Covid" measures

 

In order to help people who would be the recipients of a criminal fine linked to the so-called "Covid" measures, we are providing the public with a "toolbox", made up, for the time being, of two documents:

- a general information document, entitled "What if I receive a Covid criminal fine?" ;

- a document setting out 6 arguments that can be raised in court in the event of a challenge to a criminal fine.

 

General information document "What if I receive a Covid criminal fine ?"


 

This document can also be downloaded in .pdf format in french here:

 

"What if I get a Covid criminal fine?"


 

Document setting out arguments to challenge a criminal fine in court 

 

If you have decided to decline the proposed penal settlement and dispute the facts, there are two types of arguments you can make: factual and legal arguments.

 

The factual arguments are all the elements that contradict what is reported in the police report. The factual arguments depend on each situation, and on the degree of precision of the PV.

 

The legal arguments consist in highlighting the illegality of the measures on the basis of which you were fined, or the incorrect application of the procedure.

 

Here are the 6 legal arguments developed in the document made available to you:

 

Arguments 1 and 2: illegality of the measures

Argument 3: we cannot subject all gatherings to prior authorization

Argument 4: illegal home visit (in case of "illegal party")

Argument 5: illegality of the travel ban

Argument 6: the report was sent late by the Public Prosecutor

 

If you are summoned to court, you can make use of these arguments, but it is still advisable to consult a lawyer.

 

You can download this document in .pdf format here:

 

How to challenge Covid criminal fines


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LAWYERS 4 DEMOCRACY  is a group of legal professionals from all horizons (Attorneys, Law Professors, in-house corporate Lawyers, public administration Jurists...), established in Belgium.

e-mail: contact@lawyers4democracy.com