Criminal Law

Criminal Law Attorney in Belgium

Being summoned by the police, receiving a summons to appear, learning that a complaint has been filed against you: these situations plunge most people into anxiety. Belgian criminal law, which governs offences and their penalties, is an area where the stakes are considerable - sometimes freedom itself.

Mis à jour en février 2026

Being summoned by the police, receiving a summons to appear, learning that a complaint has been filed against you: these situations plunge most people into anxiety. Belgian criminal law, which governs offences and their penalties, is an area where the stakes are considerable - sometimes freedom itself. From traffic violations to the most serious criminal cases, the Belgian criminal system distinguishes three levels of jurisdiction: the police court for minor offences, the criminal court for misdemeanours, and the assize court for serious crimes. At every stage of the proceedings - custody, investigation, trial, appeal - your rights must be respected. A criminal lawyer ensures they are, builds your defence, and pleads your case before the judges.

Why a criminal law specialist makes the difference

Criminal law is an area where improvisation can be costly. A clumsy statement during questioning, a missed appeal deadline, a poorly calibrated defence strategy: mistakes are sometimes paid for with years in prison.

The criminal lawyer knows the workings of procedure inside out. They know when to request nullification of an investigative act, how to challenge an expert report, when to plead provocation or self-defence. They master the subtleties of the Salduz law, which guarantees legal assistance from the very first interrogation.

But beyond legal technique, criminal lawyers develop essential human qualities. Facing a client accused of serious acts, they must maintain a relationship of trust without passing moral judgment. They must also manage the stress of hearings, the sometimes palpable hostility in a courtroom, and media pressure in certain cases.

Finally, the specialist knows the players in the system: prosecutors, investigating judges, chamber presidents. This knowledge of the terrain allows them to anticipate prosecution requests, adjust their pleadings, and sometimes negotiate effectively with the prosecution.

Criminal lawyer fees

Rates vary enormously depending on case severity and duration.

For a police court appearance (traffic offences, minor infractions), expect 500 to 1,500 euros if the matter is resolved in one hearing. If you contest the facts and multiple hearings are needed, the bill increases.

Before the criminal court (theft, assault, fraud, drug offences), fees generally range from 2,000 to 8,000 euros for an average complexity case. Cases with numerous civil parties, multiple expert reports, or media attention can reach much higher amounts.

The assize court, with sessions lasting several days or even weeks, represents a major commitment for the lawyer. Fees then run into tens of thousands of euros.

Legal aid is available for low-income individuals. In criminal matters, assistance from a pro deo lawyer is a fundamental right guaranteed by the European Convention on Human Rights.

The most common criminal cases

Traffic offences represent the bulk of criminal cases. Drink driving, speeding, hit and run: these behaviours can result in licence withdrawal, hefty fines, and even prison sentences in cases of repeat offences or serious consequences.

Property crimes - theft, fraud, breach of trust, receiving stolen goods - constitute another important category. The exact classification of the facts determines the sentence: simple theft is punished less severely than theft with violence or breaking and entering.

Interpersonal violence - assault and battery, threats, harassment - frequently come before criminal courts. Domestic violence has received particular attention from prosecutors in recent years.

Drug offences range from simple possession for personal use (often dismissed for cannabis) to heavily penalized international trafficking. In between, possession of significant quantities or occasional dealing exposes one to prison sentences.

Finally, economic crime - tax fraud, money laundering, misuse of company assets - mobilizes specialized prosecution teams and requires lawyers who master both criminal law and business law.

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Questions fréquentes

Do I have the right to a lawyer from the moment of my arrest?
Yes, since the Salduz law of 2011. As soon as you are deprived of liberty or questioned as a suspect, you have the right to a confidential consultation with a lawyer before the first interrogation, then to their assistance during it. This right is fundamental: statements made without a lawyer can be challenged.
What's the difference between police court, criminal court, and assize court?
The police court judges minor offences and certain traffic violations. The criminal court judges misdemeanours: theft, assault, fraud, drug trafficking. The assize court judges the most serious crimes: murder, rape, hostage-taking. The composition and procedure differ depending on the jurisdiction.
Can I appeal a criminal conviction?
Yes, within 15 days of the judgment (30 days for the prosecutor). The appeal is heard by the court of appeal, which retries the case on facts and law. Note: the court can increase the sentence if it is the convicted person who appeals (principle of devolutive effect).
What is pre-trial detention?
This is the imprisonment of a suspect before trial, decided by an investigating judge through an arrest warrant. It is only possible for offences punishable by at least one year in prison and if certain conditions are met (risk of flight, repeat offence, witness tampering). It must be confirmed monthly by the council chamber.
Will my criminal record ever be cleared?
Convictions are recorded in the central criminal register but don't appear forever on issued extracts. Depending on the nature of the sentence, they disappear from the 'model 1' extract after 3 to 10 years. Certain judicial rehabilitations allow earlier erasure of entries. A lawyer can advise you on the procedures.
What are the penalties for drink driving?
For a level between 0.5 and 0.8 g/l (or 0.22 to 0.35 mg/l of breath), it's a 1st degree offence with possible immediate fine. Above that, penalties increase: fines from 1,600 to 16,000 euros, mandatory licence disqualification, and even prison for repeat offences or accidents. An alcohol interlock device may be imposed.
Does criminal mediation exist in Belgium?
Yes, the public prosecutor can propose criminal mediation for certain offences. If the offender acknowledges the facts, compensates the victim, and possibly attends training or treatment, criminal proceedings can be dropped. It's an alternative to standard prosecution for moderately serious offences.
How can I access my criminal case file?
If you are charged, you have access to the investigation file through your lawyer at certain stages of the procedure. Since 2024, digital access to files is being progressively rolled out. If you are detained, you can consult your file at the registry in digital format. Outside these cases, access remains limited.

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