Court of First Instance (Belgium)
Encyclopedia
The Court of First Instance in Belgium
consists of three divisions: the Civil Court, the Correctional Court and the Juvenile Court. There is a Court of First Instance for each Judicial Arrondissement.
. If the amount involved doesn't exceed 1,860 euro, no appeal against the decision of the Justice of the Peace is possible. The Civil Court also deals with divorce
s, cases regarding lineage, disputes regarding the execution of court decisions and rulings, the right of reply
and tax returns. In addition, the Civil Court has jurisdiction over cases not explicitly assigned to another court. The Civil Court also has appellate jurisdiction with regard to decisions of the Police Court
regarding compensation claims arising from traffic accidents.
Decisions of the Civil Court, with the exception of decisions regarding appeals against decisions of the Justice of the Peace or the Police Court, can be appealed against to the civil chambers of the Court of Appeal
. Decisions of the Civil Court regarding appeals against decisions of the Justice of the Peace of the Police Court can only be appealed against on points of law to the Court of Cassation
.
s and has appellate jurisdiction over decisions of the Police Court
. It also deals with correctionalised felonies
. Felonies are normally dealt with by the Court of Assize, but the Chamber of Indictment can take into account mitigating circumstances and "correctionalise" the felony, i.e. refer the case to the Correctional Court instead.
The Correctional Court doesn't have jurisdiction with regard to offences related to traffic
, which fall under the jurisdiction of the Police Court
. It doesn't have jurisdiction with regard to political crimes and press-related crimes either as those crimes fall under the jurisdiction of the Court of Assize, with the exception of press-related crimes that were inspired by racism
or xenophobia
. The latter do fall under its jurisdiction.
Decisions of the Correctional Court can be appealed against to the correctional chambers of the Court of Appeal
, except in the case of appeals against decisions of the Police Court heard by the Correctional Court. Decisions of the Correctional Court regarding appeals against decisions of the Police Court can only be appealed against on points of law to the Court of Cassation
.
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
consists of three divisions: the Civil Court, the Correctional Court and the Juvenile Court. There is a Court of First Instance for each Judicial Arrondissement.
Civil Court
The Civil Court consists of the civil chambers of the Court of First Instance. Each civil chamber consist of one or of three judges. The Civil Court deals in first instance with civil cases that exceed the competences of the Justice of the Peace, but it also hears appeals against decisions of Justices of the Peace in civil cases if the amount involved exceeds 1,860 euroEuro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
. If the amount involved doesn't exceed 1,860 euro, no appeal against the decision of the Justice of the Peace is possible. The Civil Court also deals with divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
s, cases regarding lineage, disputes regarding the execution of court decisions and rulings, the right of reply
Right of reply
The right of reply is the right to defend oneself against public criticism in the same venue where it was published.In Europe there have been proposals for a legally enforceable right of reply that applies to all media, including newspapers, magazines, and other print media, along with radio,...
and tax returns. In addition, the Civil Court has jurisdiction over cases not explicitly assigned to another court. The Civil Court also has appellate jurisdiction with regard to decisions of the Police Court
Police Court (Belgium)
The Police Court in Belgium is a court which deals with minor offences and infractions, as well as traffic offences and deaths and injuries arising from traffic accidents. In civil cases, it has jurisdiction with regards to claims for compensation related to traffic accidents, irrespective of the...
regarding compensation claims arising from traffic accidents.
Decisions of the Civil Court, with the exception of decisions regarding appeals against decisions of the Justice of the Peace or the Police Court, can be appealed against to the civil chambers of the Court of Appeal
Court of Appeal (Belgium)
The Court of Appeal in Belgium is a court which hears appeals against decisions of the Court of First Instance and the Commercial Court. Unlike the Court of First Instance, the Court of Appeal isn't divided into different divisions. There are five Courts of Appeal in Belgium...
. Decisions of the Civil Court regarding appeals against decisions of the Justice of the Peace of the Police Court can only be appealed against on points of law to the Court of Cassation
Court of Cassation (Belgium)
The Court of Cassation is the main court of last resort in Belgium.It was originally modelled after the French Cour de cassation. Its jurisdiction and powers are similar to those of its French counterpart....
.
Correctional Court
The Correctional Court consists of the correctional chambers of the Court of First Instance. Each correctional chamber consists of one or of three judges. The Correctional Court deals with misdemeanorMisdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s and has appellate jurisdiction over decisions of the Police Court
Police Court (Belgium)
The Police Court in Belgium is a court which deals with minor offences and infractions, as well as traffic offences and deaths and injuries arising from traffic accidents. In civil cases, it has jurisdiction with regards to claims for compensation related to traffic accidents, irrespective of the...
. It also deals with correctionalised felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. Felonies are normally dealt with by the Court of Assize, but the Chamber of Indictment can take into account mitigating circumstances and "correctionalise" the felony, i.e. refer the case to the Correctional Court instead.
The Correctional Court doesn't have jurisdiction with regard to offences related to traffic
Traffic
Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel...
, which fall under the jurisdiction of the Police Court
Police Court (Belgium)
The Police Court in Belgium is a court which deals with minor offences and infractions, as well as traffic offences and deaths and injuries arising from traffic accidents. In civil cases, it has jurisdiction with regards to claims for compensation related to traffic accidents, irrespective of the...
. It doesn't have jurisdiction with regard to political crimes and press-related crimes either as those crimes fall under the jurisdiction of the Court of Assize, with the exception of press-related crimes that were inspired by racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
or xenophobia
Xenophobia
Xenophobia is defined as "an unreasonable fear of foreigners or strangers or of that which is foreign or strange". It comes from the Greek words ξένος , meaning "stranger," "foreigner" and φόβος , meaning "fear."...
. The latter do fall under its jurisdiction.
Decisions of the Correctional Court can be appealed against to the correctional chambers of the Court of Appeal
Court of Appeal (Belgium)
The Court of Appeal in Belgium is a court which hears appeals against decisions of the Court of First Instance and the Commercial Court. Unlike the Court of First Instance, the Court of Appeal isn't divided into different divisions. There are five Courts of Appeal in Belgium...
, except in the case of appeals against decisions of the Police Court heard by the Correctional Court. Decisions of the Correctional Court regarding appeals against decisions of the Police Court can only be appealed against on points of law to the Court of Cassation
Court of Cassation (Belgium)
The Court of Cassation is the main court of last resort in Belgium.It was originally modelled after the French Cour de cassation. Its jurisdiction and powers are similar to those of its French counterpart....
.