An Arrest Affidavit is a mandatory legal document in the Belgian criminal justice system, required whenever a person is arrested and detained. This document must be prepared in accordance with Belgian federal law, particularly the Law of 20 July 1990 on Preventive Detention and the Code of Criminal Procedure. The affidavit serves multiple crucial purposes: it documents the legal basis for the arrest, protects the rights of the arrested individual, and provides necessary information for judicial review of the detention. It must be completed promptly after an arrest and includes detailed information about the circumstances of the arrest, the identity of all involved parties, and confirmation that proper legal procedures were followed. The document is particularly important as it may be reviewed by investigating judges, prosecutors, and defense counsel to determine the legality of the arrest and decide on further detention.
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1. Officer Information: Identifying information of the arresting officer(s), including name, badge number, and police zone
2. Date and Time: Precise date and time of the arrest and the creation of the affidavit
3. Subject Information: Complete identification details of the arrested person, including name, date of birth, nationality, and address if known
4. Location: Exact location where the arrest took place
5. Probable Cause: Detailed description of the facts and circumstances that led to the arrest
6. Criminal Offense: Specific citation of the criminal offense(s) under the Belgian Criminal Code
7. Rights Notification: Confirmation that the subject was informed of their rights in a language they understand
8. Physical Evidence: Description of any evidence collected during the arrest
9. Witness Information: Details of any witnesses present during the incident or arrest
10. Officer's Declaration: Formal declaration of truth and accuracy of the stated facts
1. Medical Examination: Required when the arrested person has visible injuries or requests medical attention
2. Interpreter Details: Required when an interpreter was used during the arrest or questioning
3. Minor Provisions: Required when the arrested person is under 18, including notification of parents/guardians
4. Property Inventory: Required when personal property was taken from the arrested person
5. Use of Force: Required when any force was used during the arrest
6. Electronic Surveillance: Required when electronic surveillance or recording devices were used in the arrest
1. Photograph Documentation: Photographs of any visible injuries, evidence, or scene conditions
2. Property Receipt: Detailed list of items taken into police custody
3. Rights Notification Form: Signed copy of the rights notification in the language provided
4. Medical Report: Any medical examination reports if conducted
5. Evidence Log: Detailed log of all evidence collected, including chain of custody information
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