Is jury service compulsory in Belgium?
Article 150 of the Belgian Constitution stipulates that the jury is required for all crimes – the so-called misdaden (crimes) – , political offences and offences perpetrated by means of the press and involving therefore the freedom of the press.
Does Belgium have jury trials?
They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution.
Is jury nullification unconstitutional?
Yes, jury nullification is legal in the United States and many other countries as well.
Does jury nullification have to be unanimous?
In what can be said to be a milder form of jury nullification, some of the jurors, or even just one in most cases, can hang the jury by maintaining a Not Guilty verdict even though they believe the defendant broke the law. There is no requirement that jurors must come to a unanimous verdict.
What is the legal system in Belgium?
Belgium is a federal state with a civil law system. Civil law system in Belgium is inspired by Roman Law and largely influenced by the French legal system particularly by French Civil Code in 1804.
Does France have jury trials?
DECISIONS IN FRENCH ‘COURS D’ASSISES’ (ASSIZE COURTS), WHICH MEET AT LEAST FOUR TIMES PER YEAR AND TRY CRIMINAL CASES AS OPPOSED TO MINOR INFRACTIONS OR MISDEMEANORS, ARE RENDERED BY A 12-MEMBER PANEL, COMPOSED OF 3 JUDGES AND 9 JURY MEMBERS FROM THE GENERAL PUBLIC.
Is jury nullification legal?
Jury nullification is a discretionary act, and is not a legally sanctioned function of the jury. It is considered to be inconsistent with the jury’s duty to return a verdict based solely on the law and the facts of the case.
What is illegal Belgium?
According to Belgian law, you must have some form of identification with you at all times. Possession of drugs and trafficking in drugs are serious offences. It’s illegal to wear in public places (parks, buildings, public transport, on the street etc.) clothing that hides a person’s face largely or completely.
Does Belgium follow the rule of law?
Is France guilty until proven innocent?
As every man is presumed innocent until he has been declared guilty, if it should be considered necessary to arrest him, any undue harshness that is not required to secure his person must be severely curbed by Law.
What is jury nullification?
In its strictest sense, jury nullification occurs when a jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law.
How to become a jury member in Belgium?
Article 217 of the Judicial Code stipulates that, in order to be a possible jury member, an inscription in the voters register is required, [42] [42] In Belgium, voting is obligatory. as well as the possession of civil and political rights. Also, the citizen should be between 30 and 60 years old and be able to read and write.
Are all cases heard by a jury in Belgium?
Only a small percentage of criminal cases are heard by a jury court. Article 150 of the Belgian Constitution stipulates that the jury is required for all crimes – the so-called misdaden ( crimes) – , political offences and offences perpetrated by means of the press and involving therefore the freedom of the press.
Should the jury receive declarations?
If the jury should receive declarations they are not allowed to read, the whole procedure before the assize court is invalid. 52 The president also instructs the jury on the way of voting and the way to act if there is only a simple majority of 7 to 5 about a basic fact of the case.