Bail, Probation and Parole in Belgian Law

Abstract

Bail, probation and parole have one thing in common, namely, they are devices that enable a person proceeded against criminally to obtain personal liberty from detention. It is significant that each of them falls within one of the three basic phases of criminal proceedings. Bail may be obtained in the first phase extending from the beginning of the proceedings until trial or the final decision on appeal. In the second phase dealing with the final decision, a person may be admitted to probation rather than commited to jail. In the third phase covering the incarceration, a convicted person may be released on parole with respect to the final portion of his imprisonment rather than being kept in prison for the whole term imposed. This seemingly favorable treatment of offenders is based on sound reasoning, namely, since a person must be considered innocent until found guilty in court proceedings, an unnecessary detention prior to trial must be avoided. In the second phase, a minor offense may be punished by a probated sentence, i.e., the term of imprisonment will have to be served only if the person does not comply with the conditions of probation. The favor granted to the offender is designed to guide him out of trouble in the future and encourage him to abide by the law. In the third phase, parole is envisaged as a reward for good conduct and as an incentive to behave well after release. Belgian criminal law has been applying all these principles with success.