Criminal justice: what are the alternatives to a trial?

The probationary criminal warning is an interview conducted by the public prosecutor or his delegate. The purpose of this interview is to remind the offender of what the law says and the penalties he faces for violating it.

The author can benefit from this alternative measure to criminal prosecution if he acknowledges having committed the offense alleged against him.

There can be no evidentiary criminal warning in the following cases:

• whether the author has already been convicted by the courts
• whether the person has committed violence or offense against a person depositary of public authority or holding an elected office
• if the victim of the crime has not received compensation from the perpetrator.

The decision is reviewed by the public prosecutor if the offender commits a new offense within two years (only one year if the offense is a contravention). The perpetrator will then be tried for the 2 offenses committed.

The perpetrator may be referred to a health, social or professional organization to attend one of the following courses:

• Internship (reminder of Republican values)
• Awareness training on the dangers of using narcotic drugs
• Road safety awareness course (in the event of an offense while driving a vehicle)
• Accountability course for preventing and combating violence within the couple
• Awareness-raising course on combating the purchase of sexual services (in the context of combating prostitution)
• Parental Responsibility Internship (reminding parents of their rights and duties)
• Training course on combating sexism and raising awareness on gender equality

This internship must be paid by the perpetrator.

The perpetrator of the minor offense may also be referred to a civic training course or to a consultation with a psychiatrist or psychologist.

The public prosecutor may give the perpetrator the opportunity to comply with the law or regulations.

For example, regularization of the situation by the perpetrator is possible in the following situations:

• Building permits not required before the work is carried out
• Compliance of a vehicle with the law
• Payment of maintenance no longer paid by the perpetrator

The perpetrator must provide proof that he regularized his situation by presenting the necessary document (building permit accepted, invoice for conformity of the vehicle ...). The success of the measure allows the perpetrator to escape prosecution.

The prosecutor may ask the perpetrator to make reparation for the damage caused to the victim. Repair may, for example, consist of compensation or restoration of the damaged property.

The victim shall be informed of the proposals for compensation. It can accept or refuse them.

If the damage concerns the property of a commune, the prosecutor may ask the perpetrator to respond to a summons from the mayor. This summons allows the author of the facts to conclude a transaction with the City Hall.

The prosecutor may prohibit the perpetrator from visiting one or more specific places where the offense was committed (a bar, a market, a gym, etc.).

It may also prohibit the perpetrator from traveling to the place where the victim resides.

The measure is decided for a maximum period of 6 months.

At the request of the victim, in cases of spousal or family violence that may recur, the prosecutor may prohibit the perpetrator from approaching and residing at the family home. This measure shall be decided for a maximum period of six months. In the case of domestic or family violence, the measure may be accompanied by health, social or psychological care for the perpetrator.

The public prosecutor may ask the perpetrator not to meet or contact the following persons:

• Victim
• Accomplice
• Co-Author

The ban is for a maximum period of 6 months.

At the request or with the consent of the victim, the prosecutor may order a criminal mediation.

The purpose of this measure is to resolve the dispute amicably.

If successful, a memorandum of understanding is signed between the Ombudsman, the victim and the author.

The public prosecutor may ask the perpetrator to pay a citizen contribution with a victims' aid association.

The amount of this contribution shall be determined by the prosecutor according to the gravity of the facts, the resources and the charges of the perpetrator.

The maximum amount is €3,000.

The penal composition is an alternative procedure to prosecution.

It may be proposed by the Public Prosecutor for the contraventions and certain offenses, such as drug use or the drunk driving.

This procedure is addressed to the natural person (major or minor) or legal person, who admits his guilt.