DienstenCriminal law

The Law Firm guarantees a proper defence of the interests of our clients.
Samir Baki handles a large number of Criminal Cases. He makes the difference against other lawyers because he is also a criminologist and as such he can handle the criminal cases in a thorough way.
For Samir Baki each criminal procedure is important. He will examine your file profoundly and will give you the most adequate counselling. He is prompt and treats the interests of the various parties of a criminal case with enthusiasm.

The Criminal Law is the totality of judicial rules which define what is punishable and which sanctions can be imposed for the crimes and through which means or procedures the extablishment of the penalties can be realized. The Criminal Law concerns the sanctions of an attitude (an action or the absence of an action).

Imposing a penalty is of primary importance and this is the difference between this Law and the Law of liabilities that is a matter of the Civil Law. The Criminal Law consists of two parts, the material penal law and the formal penal law also called the law of criminal procedure.
The material penal law defines the crimes and the penalty to be imposed. The law of criminal procedure determines the way in which the crimes are inquired and prosecuted.

A difference is made between the preliminary inquiry on the one hand and on the other hand the inquiry about the grounds. The preliminary inquiry can be as well a search inquiry or a judicial inquiry . In the case of a search inquiry, it is the king’s Prosecutor who runs the inquiry. In the case of a judicial inquiry it is the Examining Judge who runs the inquiry and this type of inquiry will always be closed by a decision of the Examining Judge.
The both inquiry courts are the Chamber of Council and the Chamber of Accusation.

For instance, when a person is arrested during a preliminary inquiry or when a house search must be held, an arrest warrant or a search warrant must be issued by the Examining Judge.

Within the scope of the law on preventive arrest, a control period is foreseen by the Chamber of council. The Chamber of Accusation serves in this case as the appeal court.

A criminal procedure can be introduced in various ways. The most common way is the subpoena to appear in front of the Court, issued by the King’s Prosecutor. Another possibility is the appointment of an Examining Judge either by the Public Prosecutor or by the introduction of a complaint with assessment as Civil Party. Eventually, the possibility exists of a direct subpoena by the Civil Party.

The criminal file will be handled either by the Police Court or by the Criminal Court or more by the Assize Court. The Court of Appeal will treat the appeals against decision of the Criminal Court.

The Law Firm can defend your interests during the preliminary inquiry and during the inquiry to the grounds. We assist as well the suspected persons, the accused as the civil parties.

You can address us for :  

  • Matters concerning the type of imposed penalties for the offence and about your rights as a victim or suspect
  • Matters concerning the criminal procedures
  • An advice or assistance in the case of your arrest or interrogation by the police or Examining Judge
  • Assistance at the Chamber of Council during a preventive custody
  • Assistance at the Police Court and at the Criminal Court
  • Counselling and assistance in the case of a rehabilitation
  • The introduction of a request to gain access to a file
  • The introduction of a request for a supplementary inquiry
  • The introduction of an appeal at the court of Appeal or at the Supreme Court of Appeal, or against a decision by the Chamber of Council or by the Criminal Court
  • The introduction of a request for temporary relief of custody or opposition
  • The introduction of a request for liberation of for the suppression of a measure of inquiry
  • The introduction of a setting of Civil Party
  • The introduction of a direct subpoena to appear in front of the Criminal Court
  • This assistance can be given to the suspects as well as the victims.