RECENT EVOLUTIONS OF QUASI-COERCED TREATMENTIN THE BELGIAN CRIMINAL JUSTICE SYSTEM

Thematic meeting on monitoring and evaluating national experience with quasi coerced treatment Criminal Justice Platform, May 27, 2010

Karel Berteloot

Introduction

Department for Criminal policy

Philosophy Belgian drug users policy: document of 2001 and 2010

Public health issue

Prevention > treatment > punishment

Criminal reaction: alternative sanctions

1. General provisions

Police > prosecutor > examining magistrate > court > execution

General possibilities concerning drug related offenders on prosecutorial level: Dismiss of a case (possibly praetorian probation)

Payment of a sum of money (“settlement”), only for small offences

For small and medium offences: mediation

Set up a judicial inquiry

Bring to trial

2. Test Care (Proefzorg)

Since 2005 – Ghent region

prosecutorial power to dismiss a case

praetorian probation: conditional dismissal

without a legal framework

Short or long test care track

Users + public nuisance + small trade to finance own taking + minors

Evaluation: - Fills in a gap in the criminal justice system- Better cooperation between judicial authorities and treatment

facilities by means of - Bridging functions

- Clear reporting

- Clear barriers

- Partnership

Lessons for other regions:- Dialogue- Uniform criminal policy- Case management- Funding

3. Narcotic Adviser (Conseiller stratégique drogue)

Since 2005 – Liège region

Similar to Ghent system: praetorian probation

Provisional evaluation: - Clear arrangements & definitions - Sufficient funding- Net widening- Complete guidance or support, not only treatment- Need for drug court

4. National implementation

Three options for legal framework:

- seperate regulation for drug users

- adaptation of current mediation regulations

- general provision on dissolution of charges at prosecutorial level

Points of interest:

- which criminal offences?

- due process of law

- net widening

- general policy (justice – public health)

5. Drug treatment court (Drugbehandelingskamer)

Since 2008 – Ghent region

Ultimum remedium principle

Postponement verdict

Failed test care

Failed mediation (if victim)

Trade to support own drug abuse

Drug related crime

Minors

Provisional evaluation:- Added value towards Test Care- Close follow up- Difference with probation

Recommendations:- Attention for general guidance and sufficient support- Networking- Sufficient capacity social service sector- Clear barriers- Maximise judicial pressure- Rehabilitation - Coordinator

6. Conclusions

- Let the cobbler stick to his last- Cooperation & information- Funding- Due process of law

QUESTIONS?

Karel Berteloot

www.strafrechtelijkbeleid.be

www.politiquecriminelle.be