Under Article 50, the labour inspectors have the same investigative powers as police. Article 51 specifies that these powers may only be exercised with a view to detecting and establishing the infringements as provided for in the Social Criminal Code and in Articles 433 quinces to 433 octaves of the Criminal Code (human trafficking provisions) and in Articles 77bis to 77 quinces of the Act of 15 December 1980 on the entry, residence, settlement and removal of aliens.
Article 50. Appointment. The social inspectors appointed by the King are invested with the capacity of officer of the judicial police, Assisting Officer of the Public Prosecutor at a Court of First Instance and of the Public Prosecutor at a Labour Court. The king shall determine the conditions regarding the experience and training of these social inspectors.
Article 51. The competences of social inspectors with the capacity of officer of the judicial police. The competences of officer of the judicial police, Assisting Assisting Officer of the Public Prosecutor at a Court of First Instance and of the Public Prosecutor at a Labour Court, awarded to the social inspectors appointed by the King, can only be exercised with a view to detecting and establishing the infringements as provided for in present Code and in Articles 433 quinces to 433 octaves of the Criminal Code and in Artices 77bis to 77 quinces of the Act of 15 December 1980 on the entry, residence, settlement and removal of aliens.
Law / 6 June 2010 /Belgium / Social Criminal Code
The Belgian Social Criminal Code seeks to harmonise the social criminal sanctions and to simplify the range of criminal sanctions and administrative fines that may be imposed for offences related to employment and social security.
Often, in cases of human trafficking for labour exploitation, the employer is charged with a number of other labour offences in addition to human trafficking. This means that in cases where the criminal court cannot find enough evidence to convict for human trafficking, the employer may still be found guilty for several offences under the Social Criminal Code.
All violations and infringements are brought together in Book II of the Social Criminal Code in a thematic classification: violations against the person of the employee, violations relating to working time, violations in connection with other working conditions, illegal labour, unreported labour, violations in connection with social documents, violations against the industrial relations legislation, violations relating to inspection, violations against the social security legislation, violations involving forgery, the use of falsified documents, incorrect or incomplete declaration, and fraud in social criminal law.