A search at the company: practical steps for directors
Criminal Law · June 19, 2025
A search at business premises may concern the company, a director, an employee or a commercial partner. By itself, it does not establish that an offence has occurred or that everyone present is a suspect. The immediate aim is to understand the legal framework and preserve each person’s rights while allowing lawfully authorised measures to proceed. An organised response is preferable to an improvised discussion about the substance of the case or speculation about what the investigators may have already found.
Article 15 of the Belgian Constitution protects the inviolability of the home. In criminal proceedings, Articles 87 and 89bis of the Code of Criminal Procedure govern, among other matters, the investigating judge’s involvement and delegation of a search. Other legal bases may exist, including offences discovered in the act or valid consent. A tax or employment inspection is not automatically a judicial search: its powers and limits follow its own rules. Identify the authority, the investigators’ capacity and the legal basis relied upon.
The director or representative should ask to inspect the warrant or document presented and record the premises, scope and persons executing it. Contact a lawyer and appoint an internal contact, preferably assisted by a colleague keeping a factual record. Do not tell staff that the operation is suspended until counsel arrives: there is no general entitlement requiring investigators to wait. Raise observations calmly and preserve them for later review. Avoid entering into commitments or giving consent without understanding the document and the consequences.
No record should be destroyed, altered or moved to conceal it. This includes emails, messaging services, backups and remotely accessible systems. IT staff may explain the architecture and technical constraints but should not delete data or disable access to obstruct the operation. Article 39bis of the Code of Criminal Procedure contains a specific framework for computer data. The scope of a digital search and any extension to another system must be checked against the concrete authority used, rather than assuming either unlimited access or an absolute prohibition.
Communications with a lawyer and records potentially protected by professional secrecy require separate attention. Identify them and ask for the issue to be recorded and handled through the appropriate procedure; do not decide unilaterally to withhold documents. A record is not protected merely because it is labelled confidential or copied to counsel. Personal information, business secrets and third-party files should also be identified, without assuming they are all immune from seizure. The safeguards applicable to each type of material must be assessed individually.
If people are interviewed, clarify their capacity: witness, suspect or person deprived of liberty. Rights to information, silence, consultation and assistance, including under Article 47bis, depend on the situation. A director should not answer for everyone or require a shared account. The company’s interests may differ from an individual’s and separate representation may be necessary. Read any statement before signing it, request corrections where needed and ensure disagreements are recorded. A signature should not be treated as a routine administrative formality.
After the operation, retain the seizure inventory, case references and a factual chronology. Assess business continuity, employee obligations and external communications without circulating unverified information. During a judicial investigation, an application to lift a measure concerning property may fall under Article 61quater, subject to its conditions and deadlines. The subsequent legal review coordinates criminal defence, governance and compliance. If a search is in progress, notify the firm directly through the Contact page so the immediate situation can be distinguished from an ordinary consultation request.