Alinea 357 Parket bij de Hoge Raad 7 juli 2009

Admittedly, as the Government submitted, application of the rules on connection, laid down in Belgium by Articles 226 and 227 of the Code of Criminal Investigation, was foreseeable in the light of the teachings of legal theory and case-law, and in particular of the Court of Cassation's judgment of 12 July 1865, even though the latter concerned a duel and pointed out that "a duel is an indivisible complex offence" and that "the indivisibility of the procedure is a necessary consequence of the indivisibility of the offence" (see paragraph 79 above). In the present case these indications cannot justify the conclusion that the rule on connection was "established by law", especially since the Court of Cassation, the supreme Belgian judicial authority, itself decided, not having referred the question to the Administrative Jurisdiction and Procedure Court, that summoning persons who had never held ministerial office to stand trial before it was the result of applying Article 103 of the Constitution rather than the provisions of the Code of Criminal Investigation or the Judicial Code (see paragraph 47 above).

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