Authors:

Abstract

The Belgian criminal justice system, and hence its death investigation system, is based on the French Code Napoléon from 1808. It is characterized by an inquisitory (secret) nature being mostly led by an investigating judge. Most deaths are certified (so-called Model IIIc) by general physicians with very limited forensic knowledge or experience. There are no legal restrictions as to which physician can certify any death. Only when the nature of death is considered ‘suspicious’ or ‘violent’ by these physicians, the public prosecutor will ask for a more in-depth investigation by a doctor trained in forensic medicine. If necessary, a forensic autopsy will be commissioned by an investigating judge who investigates both à charge et à décharge. Overall the autopsy rate (forensic and clinical) is low in Belgium (estimated up to 1-2% of +/- 110.000 annual deaths).

Residency training and specialization in forensic medicine takes 5 years and the candidates are trained both in clinical forensic medicine and forensic pathology (regulated by the Ministerial Decree of February 27^th 2002).

Keywords: Code Napoléon, Court of assizes, Investigating judge, Inquisitory, Model IIIc.