Assault charges in Belgium: penalties and defence

An argument that gets out of hand, a shove in a bar, a family conflict or an incident at work: assault charges in Belgium are among the most common criminal cases. Since 1 September 2026, the new Criminal Code (Strafwetboek / Code pénal) no longer refers to “intentional assault and battery” (opzettelijke slagen en verwondingen / coups et blessures volontaires), but to acts of violence. The penalty depends mainly on the consequences for the victim and on the circumstances. This article explains what you risk if you are prosecuted for assault, which defences are available and what rights the victim has.

From assault and battery to acts of violence

The new Criminal Code defines acts of violence as any intentional conduct consisting of using physical force against another person that may cause bodily injury, pain or harm to health, or of inflicting an injury or harm to health in any other way (Article 193 of the Criminal Code). A blow, a push, a kick or throwing an object can therefore be enough, even without visible injury. Intent is, however, required. Someone who injures another person unintentionally does not fall under these rules, but may be held liable or prosecuted on another basis.

Penalties for assault in Belgium: the injury determines the penalty level

The Criminal Code distinguishes three degrees of harm to integrity (integriteitsaantasting / atteinte à l’intégrité), set out in Article 79 of the Criminal Code, points 15° to 17°:

• First degree: any injury or harm to health that does not fall under the second or third degree;
• Second degree: an inability to perform personal work lasting no more than four months;
• Third degree: an inability lasting more than four months, an apparently incurable illness, the complete loss of an organ or a bodily function, serious mutilation or the loss of a pregnancy.

The basic penalties are linked to these degrees (Articles 194 to 197):

• no harm to integrity, or first-degree harm: a level 1 penalty (strafniveau / niveau de peine), so no prison sentence, but for example a fine, community service (werkstraf / peine de travail) or a probation sentence;
• second degree: a level 2 penalty, including a prison sentence of six months to three years;
• third degree: a level 3 penalty, namely a prison sentence of more than three and up to five years;
• resulting in death, without intent to kill: a level 4 penalty.

The medical findings are therefore crucial. Whether there is an incapacity for work, and whether it lasts longer than four months, helps determine the penalty level. A medical certificate is not always the final word.

Aggravating circumstances: when is the penalty heavier?

In a number of cases, the Criminal Code provides for a higher penalty level (Articles 198 to 202):

• Premeditation: the offender planned the act in advance;
• Discriminatory motive: the violence was motivated, for example, by the victim’s origin, skin colour, religion, sexual orientation or disability;
• Vulnerable victim: the victim is a minor or is in a vulnerable situation;
• Domestic violence: violence against, among others, a partner, a former partner where the offence has any connection with the dissolved marriage or ended relationship (Article 79, 3°), a child or a parent;
• Societal function: the victim performs a societal function and the acts are linked to that function, for example a police officer, a healthcare worker, a teacher or a bus driver.

In addition, when setting the sentence, the court takes into account, among other things, whether there were two or more offenders or whether a weapon was used (Article 204).

Threats: punishable even without a blow

Even someone who does not strike but threatens can be prosecuted. A threat consists of intentionally causing a serious fear of an attack on persons or property. The penalty depends on the seriousness of the threatened attack. It is heavier when the threat is accompanied by an order or a condition (Articles 231 and 232).

Defending assault charges in Belgium

1. The facts themselves. Who started it, what does the camera footage show and are the witnesses neutral? Where justified, the facts are formally contested. The public prosecutor (openbaar ministerie / ministère public) must prove the facts: if reasonable doubt remains, the result is an acquittal.
2. Self-defence. There is no offence when you could not otherwise ward off an unlawful, serious and immediate attack on yourself or another person and you defended yourself proportionately (Article 14 of the Criminal Code). That assessment requires a precise reconstruction of the facts.
3. Provocation. If the acts were committed under the immediate influence of intentional, unlawful, serious and immediate physical or psychological violence against yourself or another person, a lower penalty level applies (Article 203).
4. The degree of harm to integrity. A counter-expert report or a critical reading of the medical records can change the penalty level.
5. The sentence. A clean criminal record, sincere apologies, compensation for the victim and an anger management programme or therapy make a more lenient outcome realistic: suspension of the pronouncement of sentence (opschorting / suspension du prononcé), a suspended sentence (uitstel / sursis), community service, a probation sentence or a conviction by declaration of guilt.

Not every case ends up in court. In some cases, the public prosecutor may offer an out-of-court settlement (minnelijke schikking / transaction) or criminal mediation. Whether you should accept depends on the evidence and on your situation.

Offences committed before 1 September 2026

Offences committed before that date remain subject to the old Criminal Code (Articles 398 et seq.), unless the new rules are more favourable (Article 2 of the Criminal Code). Under the old law, anyone who intentionally struck another person, even without causing illness or incapacity for work, already faced a prison sentence of eight days to six months, a fine, or both. Which regime is more favourable is not always obvious: a level 1 penalty rules out imprisonment, but the fine may be higher than before. That comparison must be made case by case.

Victims of assault

As a victim, you should file a complaint as soon as possible, with a medical certificate and photographs of the injuries. You can join the proceedings as a civil party (burgerlijke partij / partie civile) to claim compensation for your medical expenses, loss of income and non-material damage. By filing a declaration as an injured person (verklaring van benadeelde persoon / déclaration de personne lésée), you are kept informed of the key steps in the case. If the offender is unknown or insolvent, you may in certain cases apply for financial assistance from the Commission for Financial Assistance to Victims of Intentional Acts of Violence.

Frequently asked questions

The victim has withdrawn the complaint. Does the prosecution stop?

No. The public prosecutor decides independently whether to prosecute, especially in cases of domestic violence. An arrangement with the victim does, however, carry weight in that decision and in the sentence.

Do I risk a prison sentence for a first offence?

Without injury, or with first-degree injury, the penalty does not consist of imprisonment. This is different for more serious injuries, domestic violence or other aggravating circumstances. Even then, alternatives such as suspension of the pronouncement, a suspended sentence or community service are possible.

I was hit first and hit back. Can I be punished?

That depends on the circumstances. A proportionate reaction to an immediate attack may amount to self-defence. A reaction that goes further may fall under provocation, with a considerably lower penalty.

I have been called in for a police interview about an assault. What should I do?

You are not obliged to incriminate yourself and you may choose to make a statement, answer questions or remain silent. Ideally, prepare the interview with a lawyer. See also our guide to your rights during a police interview.

Assault lawyer in Brussels

Novex Advocaten assists suspects, defendants and victims alike in cases of violence and threats, from the first interview to the judgment. We conduct proceedings in Dutch or French; consultations can also take place in English or Arabic. See also our overview of your rights as a suspect in criminal proceedings.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.