The law is to detain. The decision making process of investigating judges in the context of pretrial detention
Decisions in the pre-trial phase of the criminal justice system can have a significant impact on the direction of a criminal procedure and on the position of the persons involved. One of the most intrusive decisions in that phase is pre-trial detention. This article reports on a study of the decision making process of Belgian investigating judges in the context of pre-trial detention. Data were collected through literature reviews and 12 in-depth interviews with investigating judges in 7 districts. The study concludes that the law provides a framework that is highly risk driven with a strong focus on the protection of society. In the application and interpretation of this legislation judges tend to stay in the same framework.