Pre-trial Detention and the Overcrowding of Prisons in Belgium European Journal of Crime, 2004 – 4 Criminal Law and Criminal Justice 348 European Journal of Crime, Criminal Law and Criminal Justice, Vol. 12/4, 348–370, 2004 © Koninklijke Brill NV. Printed in the Netherlands. Samuel Deltenre and Eric Maes 1 Pre-trial Detention and the Overcrowding of Prisons in Belgium 2 Results from a Simulation Study into the Possible Effects of Limiting the Length of Pre-trial Detention 1. SITUATING THE PROBLEM WITHIN THE INTERNATIONAL (EUROPEAN) AND NATIONAL CONTEXTS Prison overcrowding is a problem faced by various European countries and has been receiving the attention of both politicians and academics for some time. An important cause of overcrowding in prisons is often the (increasing) use of pre-trial detention 3 . Quite recently, the Council of Europe in its Recommendation No. R (99) 22 Prison Overcrowding and Prison Population Inﬂation stated that [T]he application of pre-trial detention and its length should be reduced to the minimum compatible with the interests of justice. To this effect, member states should ensure that their law and practice are in conformity with the relevant provisions of the European Convention on Human Rights and the case-law of
European Journal of Crime, Criminal Law and Criminal Justice – Brill
Published: Jan 1, 2004
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