NCJ Number
60328
Journal
Revue de droit penal et de criminologie Issue: 12 Dated: (DECEMBER 1978) Pages: 947-968
Date Published
1978
Length
22 pages
Annotation
THE WITNESS'S DUTY TO REPORT CRIMES IN THE BELGIAN CODE OF CRIMINAL INSTRUCTIONS IS ANALYZED.
Abstract
ANY CRIMINAL CODE IS FOUNDED ON THE PRINCIPLE OF 'DENUNCIATON' WHICH IS DEFINED AS THE REPORTING OF A CRIME TO THE AUTHORITIES WITH OR WITHOUT NAMING THE OFFENDER. THE BELGIAN CODE OF CRIMINAL INSTRUCTION DISTINGUISHES BETWEEN TWO TYPES OF DENUNCIATIONS: (1) CRIME REPORTING BY GOVERNMENT OFFICIALS AND (2) CRIME REPORTING BY PRIVATE INDIVIDUALS. ACCORDING TO ARTICLE 29 OF THE CODE, OFFICIALS ARE OBLIGED TO REPORT OFFENSES WHICH COME TO THEIR KNOWLEDGE IN THEIR FUNCTION AS PUBLIC SERVANTS TO THE KING'S PROSECUTOR. FOR INSTANCE, A PUBLIC HEALTH INSPECTOR, WHO IN THE COURSE OF A FOOD INSPECTION DISCOVERS STOLEN GOODS, IS OBLIGATED TO REPORT THE OFFENSE. WITH THE EXCEPTION OF KIDNAPPING CASES, THE OBLIGATION TO REPORT A CRIME IS A MORAL OBLIGATION AND AS SUCH IS NOT PUNISHABLE UNDER THE LAW; HOWEVER, IN SEVERE CASES, DISCIPLINARY ACTION BY THE OFFICIAL'S DEPARTMENT MAY ENSUE. ARTICLE 30 OF THE SAME CODE PROVIDES THAT ANY PERSON (REGARDLESS OF SEX, AGE, OR NATIONALITY) HAVING KNOWLEDGE OF A CRIMINAL OFFENSE MUST REPORT THE CASE TO THE AUTHORITIES. SINCE THIS PROVISION IS NOT ENFORCEABLE, THE OBLIGATION IS STRICTLY A MORAL ONE WHICH IS NOT ENFORCED BY ANY KIND OF SANCTION. ESPECIALLY IN CASES OF CIVIC DENUNCIATION, THE KING'S PROSECUTOR MUST CAREFULLY EXAMINE THE MOTIVATIONS FOR AND THE SUBSTANCE OF THE ACCUSATION. EVEN ANONYMOUS REPORTS MAY CONTAIN VALUABLE INFORMATION AND CANNOT BE IGNORED. THE VICTIM OF AN UNFOUNDED DENUNCIATION IS, HOWEVER, ENTITLED TO FINANCIAL RESTITUTION. THE ARTICLE PROVIDES FOOTNOTES. --IN FRENCH. (SAJ)