Criminal law

 

Our law firm ensures a strong defense of our clients' interests. Lawyer Samir Baki handles many criminal cases. He stands out from many other lawyers in that he is also a criminologist, allowing him to handle criminal cases with the required depth. For lawyer Samir Baki, each individual criminal case is of great importance. He will thoroughly study your case and provide you with the right advice. He is very punctual and committed in defending the interests of the various actors in the criminal procedure.

Criminal law is the set of legal rules that define which behavior is considered punishable, what penalties are imposed for this behavior, and through what process or procedure punishment can be implemented. Criminal law thus concerns the sanctioning of certain behavior (an action or omission). Punishment is paramount. This distinguishes it from liability law (which is part of civil law). Criminal law is divided into substantive criminal law and formal criminal law or criminal procedure law. Substantive criminal law defines the offenses and the penalties for them. Criminal procedure law determines how offenses are detected and prosecuted.

A distinction is made between the preliminary investigation and the substantive investigation. The preliminary investigation can include both a police investigation and a judicial investigation. In a police investigation, the public prosecutor leads the detection of offenses. In a judicial investigation, the investigating judge leads the detection of offenses. When the investigation is led by the investigating judge, it will always be concluded by a decision of the investigating court. The two investigating courts are the council chamber and the chamber of indictment.

For example, when someone is arrested during the preliminary investigation or when a search warrant must be executed, an arrest warrant or search warrant is needed from the investigating judge.

Within the framework of the law on provisional detention, periodic control is provided by the council chamber. The Chamber of Indictment acts as an appellate body. There are several ways in which a criminal procedure can be initiated. The most common is the summons by the Public Prosecutor after an investigation. Another possibility is the summoning of the investigating judge either by the public prosecutor or through a complaint with civil action. Finally, there is also the possibility of direct summons by the civil party.

The criminal case will be heard on the merits by either the police court, the correctional court or the Assize Court. The court of appeal acts as an appellate body in relation to the correctional court.

The law firm can defend your interests during the preliminary investigation and during the investigation on the merits. We act for both the suspect, the defendant, and the civil party.

You can come to us for the following services, among others:

• Questions related to the criminality of offenses and your rights as a victim or suspect
• Questions related to criminal procedures
• Advice and assistance when arrested and interrogated by police or the examining magistrate
• Assistance at the council chamber when imprisoned under provisional detention
• Assistance at the police court and the correctional court
• Advice and assistance in filing for rehabilitation
• Filing a request for access to the criminal file
• Filing a request for an additional investigative action
• Filing an appeal or a cassation appeal against the council chamber or the correctional court
• Filing a request for provisional release or voluntary release
• Filing a request for the release or removal of an investigative measure
• Filing a plea of civil action
• Direct summons before the correctional court
• Both victims and suspects can be assisted