On Sunday, a young woman was robbed of her electric bike in Brussels, Belgium. This story could have been sadly trivial if the rest did not have a character as unusual as it is absurd. Because, provident, the bicycle owner had taken care to equip her expensive frame with a GPS chip to geolocate him. And today, if she knows perfectly well that her bike is in an apartment in Ixelles, justice nevertheless refuses to authorize the intervention of the police, according to RTL Info.
Julie’s bicycle has not disappeared very long. The day after the flight, the young woman had indeed been able to locate him with precision, in an apartment located on the top floor of a building in the city of Ixelles, a town near Brussels. Her companion and she decided to do things in the rules and use the police to recover the bike. And agents came. Four patrols successively. And each time, the police were able to see that the bicycle was well behind the apartment door, Julie having the possibility of ringing her GPS chip thanks to a mobile application.
The very strict legal framework of the flagrant offense
The case could have been settled in two minutes if only the agents could have forced the door. Except that no, that’s not how it happens in Belgium. Logically, the police had to request the authorization of a magistrate to enter the accommodation, unless they were in the presence of a blatant or blatant crime. This is not the case since the bike had been stolen more than 24 hours before. And as the Magistrate asked refused to authorize a search, Julie and her companion make the crane in front of the building, just to prevent the thief from making the trunk with the bicycle.
If the situation seems aberrant to the two victims, it is however in agreement with Belgian law. “Checks are underway to try to restore the bicycle respecting the legal requirements,” reacted the Brussels prosecutor’s office to our colleagues. Because, in Belgian criminal law, the private geolocation of a property does not necessarily constitute sufficient proof to justify a search, this remains at the appreciation of the magistrate. And for lack of mandate, the only way for the police to enter the apartment would be for the occupant to invite them, that there is a fire, a flood or serious threats for the integrity of people according to the news site of Belgian law. Which is not the case either.
Our file on various facts
This Tuesday, Julie can hope to recover her bike soon. The prosecution told RTL Info that the suspect of the flight “was identified” and that an arrest warrant had been issued against him. But it would still be necessary that the bike is still in the apartment.
