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What is the magistracy?

The magistracy are all members of the judiciary. In the Belgian legal system, there are two types of magistrates: judges and prosecutors.

The job of the judge is to resolve conflicts. These can be conflicts between citizens or conflicts between the state and citizens. In a civil dispute, both parties bring forward their claims. In a criminal case, the prosecution and the parties (defendant, victim) bring all the elements that allow the judge to confirm a verdict.

In addition, there are prosecutors. Together, they form the public prosecutor's office and prosecute lawbreakers in the name of the state before the police court or the correctional court. Colloquially, the prosecutor's office is called 'the public prosecutor '. The prosecutor magistrates constitute 'the standing magistracy' because they speak uprightly during the trial. The judges who confirm the verdict are called 'the sitting magistracy' because they sit during the trial.