ABSTRACT

Historically, the systems of criminal procedure are either inquisitorial or adversarial. If adversarial, the procedure is launched by someone (usually the victim) accusing another person, and is continued through argument between them before the judge. The Belgian Code of Criminal Procedure maintains a clear distinction between three phases of the procedure. They are pre-trial investigation, judicial instruction, and the hearing. The King's Prosecutor is competent to prosecute any offence in the Criminal Code, including THB for the purposes of sexual exploitation, forced begging, economic exploitation, removal of organs, and forced delinquency. The King's Prosecutor and the Labour Law Auditor are both public prosecutors and have the same powers. The Belgian national referral mechanism is regulated by the Circular of 23 December 2016 on implementing multidisciplinary co-operation in respect of victims of THB and/or certain aggravated forms of smuggling of migrants. THB is conducted in the framework of a financial business developed by organised crime groups.