Description: Public Prosecutors are key players in the Belgian criminal justice system because they decide on whether or not to prosecute. Annual statistics demonstrate their discretionary power: of the 621,717 closed cases in 2021, only 6.65% was brought before the court. 54.96% of the cases were dismissed. In the remaining cases (38.39%), the Public Prosecutor opted for a prosecutorial case-ending decision or a pretrial diversion program.
Amicable settlement (art. 216bis Sv.) is one of the prosecutorial case-ending decision. This measure was extended in 2011. As a result, an amicable settlement can be claimed when the investigating judge has already ordered an investigation or when the case is already brought before the court, to the extent that there is not yet a final judgment. This procedure takes place behind closed doors, therefore academic research on the topic is limited.
This research aims to theoretically and empirically understand this practice. To do so a mixed-method research design consisting of participant observations, in-depth interviews and case file analysis will be used.
Coordinator: VUB
Promotors: Lars Breuls & An-Sofie Vanhouche
Researcher: Marlies Heirstrate
Funding: VUB
Duration: 2022-2028