What legal risks do I face if I participate in an action?The legal team of Code Rouge consists of volunteers, both lawyers and non-lawyers, as well as activists and non-activists. They act as a link between participants in the action and the lawyers.
- You can be arrested. An arrest does not appear on your criminal record. There are two types of arrests:
- Administrative arrest: If you disturb public order, prepare a criminal offense, or obstruct traffic, you can be administratively arrested for up to 12 hours. An administrative arrest does not lead to a criminal trial or criminal record.
- Judicial arrest: If you are caught in the act of committing a crime or on the orders of the prosecutor or investigating judge, you can be judicially arrested for up to 48 hours.
- You can be prosecuted for criminal offenses such as causing damage, etc. For this, the police must first identify you. By remaining anonymous, you reduce this risk. More information below.
Code Rouge asks activists not to bring identification papers—ID cards, passports, bank cards, etc.—to the action. If you do not have identification on you, the police cannot force you to reveal your identity, but they can fine you or arrest you. If you pretend to be someone else or have false documents, you are committing a criminal offense.
If you are arrested by the police, they will handcuff you and transport you to a police station. This might take some time. Once there, your personal belongings will be taken, which you should get back upon release. You will be placed in a cell with other people.
As an arrestee, you have certain rights. It is important to understand that the police may not always respond and that these rights are often not sufficiently respected in practice. Therefore, we also provide practical examples:
- Right to information: You must be informed of the legal and factual reasons for your arrest, the maximum duration (12/48 hours), what will happen, your rights during the arrest, and the possibility of violence if you resist, all in a language you understand. In practice: you are often arrested without being told why or for how long.
- Right to a lawyer: This only applies in a judicial arrest. If you are interrogated, you have the right to contact a lawyer. Code Rouge will provide the name of a lawyer you can contact. In practice: the police might summon a lawyer not associated with Code Rouge—make sure the lawyer is linked to Code Rouge.
- Right to notify someone: An officer will inform that person. In practice: the police might not offer you the chance to contact someone, but you can request this. If the police agree, call the legal team’s number.
- Right to medical assistance: You are entitled to medical care and an examination, at your own expense. In practice: there have been instances during past actions where people were denied access to their medication. Bring any necessary medications, but ensure they are recognizable (in original packaging).
- Right to water, food, and sanitary facilities. In practice: there have been cases where people waited a long time for water and food. Usually, food is provided but without consideration of preferences, such as vegan options.
- Right to an interpreter: If necessary.
You may be superficially searched (security search) or more thoroughly searched before being placed in a cell (body search) if they suspect you have dangerous objects or items related to a crime (judicial search). Searches must be carried out by an officer of the same gender (as indicated on your ID card).
It is strongly advised to wait for a lawyer before being questioned. If this is not possible, you can always use your right to remain silent. During an interrogation, you have the right to say, “I have nothing to declare” or “I am exercising my right to remain silent.” The police are familiar with this approach and will usually conclude the interrogation quickly if you remain firm.
Yes, in theory, you can be criminally prosecuted or receive a Municipal Administrative Sanction (GAS fine). The police must be able to identify you for this. If you receive a GAS fine, you can challenge it with help from the legal team. A GAS fine does not result in a criminal record. In practice, GAS fines are often issued rather than criminal penalties.
If the police manage to identify you—either through identification papers you had on you or via photos—they can prosecute you, both criminally and civilly. This means an investigation will be opened. You will be invited for questioning. Contact the legal team so we can assist you.
Criminal offenses you may be prosecuted for include:
- Property damage (e.g., damaging fences);
- Disguising yourself;
- Noise disturbance;
- Maliciously obstructing traffic (blocking);
- Refusal to show your ID;
- Insult or defamation (depending on what is on banners). If you resist the police, you can be accused of “resisting.” You can also be accused of insulting or assaulting a police officer.
In addition to criminal prosecution, you could also be sued for causing damage. In this case, it must be proven that your fault or negligence caused the damage.
We advise minors not to participate in the action. Minors do not commit crimes but “acts qualified as offenses” and are judged by a juvenile court. Minors can receive a GAS fine or be held liable for damages through their parents.
In principle, there are no specific sanctions for foreigners participating in the action (the same administrative sanctions and criminal prosecution apply as for Belgians). However, criminal prosecution or conviction could affect your residency status in Belgium.
If you are a victim of police violence (stigmatization, intimidation, physical violence, etc.), have it documented by a doctor with a medical certificate as soon as possible. Code Rouge will provide the necessary information for this. Contact the legal team or the community care team.