Questionnaire Belgium
III.16 On what grounds can he be dismissed?
Public prosecutors can be dismissed by the King
(sect. 153 Constitution), which in practice means the Government. According to
sect. 405 Judicial Code dismissal is a form of disciplinary punishment, which
can only be imposed by the King after a proposal by the Minister of Justice.
The Minister of Justice does his proposal after advice by the National
Disciplinary Council. The grounds for dismissal are not specified in the
Judicial Code, or in any other law.
Except the dismissal as a disciplinary sanction, it should be noted that public prosecutors reach their retirement at the age of 67, but on their own request an extension until the age of 70 is possible.
Retirement before the age of 67 will be granted in case of serious and permanent disability to properly exercise their tasks (sect. 383 Judicial Code).
Except the dismissal as a disciplinary sanction, it should be noted that public prosecutors reach their retirement at the age of 67, but on their own request an extension until the age of 70 is possible.
Retirement before the age of 67 will be granted in case of serious and permanent disability to properly exercise their tasks (sect. 383 Judicial Code).
