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Archives of courts and tribunals

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Courts and tribunals judging criminal matters

  • Police court
  • Correctional court
  • Juvenile court
  • Court of assizes
  • Court of appeal (correctional chamber and juvenile chambers)
  • Crown prosecutor’s office
  • General prosecutor’s office

General rule:

  • Not older than 100 years: Authorisation of competent general prosecutor required
  • Older than 100 years: Freely accessible
Legal framework
  • Article 43 of the Royal Decree of 15 December 2019 about the organisation of legal fee offices in the jurisdictions and the procedure for the establishment, verification, payment and collection of legal fees in criminal matters and associated fees (Belgian Official Journal of 27 December 2019; taking effect on 1 January 2020)
  • All provisions regarding access to case files and the delivery of copies thereof were recently consolidated in a new chapter IIIbis of the Criminal Procedure Code - First Book, in particular the very long article 21bis. As a general rule, the decision to grant access to court files or the delivery of copies thereof is taken by the public prosecutor, even during the procedure. The exceptions to this rule are stipulated in article 21bis of the Criminal Procedure Code.
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Art. 10 of the Regulation (UE) 2016/679 of 27 April 2016 on data protection and Art. 207 of the law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

Special rule: Juvenile court (criminal matters)

  • For sub-files pertaining to the personality and living environment of the prosecuted person, an explicit access authorisation issued by a public prosecutor is also required.
Legal framework
  • Article 55 of the law on child protection, on support for minors having committed acts qualified as offences and on compensations for the damages caused by these acts
  • Art. 433bis of the Criminal Code

Courts and tribunals judging civil matters

  • Justice of the peace
  • Civil court
  • Family court
  • Court of Commerce (Business Court since 1 November 2018)
  • Labour court
  • Court of Laour (appeals)
  • Court of appeal (civil chambers)
  • Tribunals and Courts of war damages

General rule

  • Not older than 30 years: Authorisation by head clerk of the court in question required
  • Older than 30 years but not freely accessible due to legal restrictions, for example with regard to the protection of privacy and personal data: Authorisation from National Archivist or his/her representative and signed research declaration required.
  • Older than 30 years but without legal restrictions: freely accessible
Legal framework
  • Art. 1380 of the Judicial Code
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Regulation (UE) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

Specific rules:

  • Freely accessible public records
    • General role of courts and tribunals judging civil matters
    • Commercial register
  • Juvenile matters
    • Juvenile court (Family court since 1 September 2014)
      Court of appeal, juvenile chambers (family chambers since 1 September 2014)
    • Not older than 100 years: Authorisation of general prosecutor or crown prosecutor required
    • Older than 100 years: freely accessible
Legal framework
  • Art. 63 of the law on the protection of the youth
  • Art. 433Bis of the Criminal Code

Military jurisdictions

  • Not older than 100 years: authorisation of the College of general prosecutors required
  • Older than 100 years: freely accessible
  • More information
Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Law of 10 April 2003 about the abolition of military courts in times of peace and their appointment in war times
  • Regulation (EU) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data
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