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Home > Public space > Belgium > 2009-01-14 - Court of appeal of Antwerp, n.1204 P 2007 and 1205 P (...)

2009-01-14 - Court of appeal of Antwerp, n.1204 P 2007 and 1205 P 2007

Public space · Belgium · Religious symbol

Wearing the sikh kirpan may not be held as illegal possession of arms

Key facts of the case - Two persons had Kirpan knives with them as they were on their way to a Sikh temple to attend a prayer service. The knives were confiscated and they were prosecuted for the illegal possession of arms under the Arms Act of 8 June 2006. They were found not guilty at the Rechtbank (Court of First Instance) of Hasselt. The public prosecutor appealed this decision.

Main reasoning of the court - The Court found that the knives that the accused had in their possession were made of inferior material, were blunt and could not be used as arms. Therefore they should not be regarded as arms under the Arms Act. The Court found the accused not guilty and ordered the public prosecutor to return the knives to them.