Beatings, injuries, threats and aggression are acts that require careful legal action from the perspective of both the victim and the accused. In Belgium, intentional blows and injuries are criminalized in the Criminal Code and can lead to a correctional conviction. In this article, Novex Lawyers explains the legal qualifications, punitive measures and defense options.
What are intentional blows and injuries (OSV)?
Intentional blows and injuries (OSV) are any act of violence involving intentional bodily injury. The law distinguishes minor blows without illness or incapacitation (police court) from blows with illness or incapacitation (correctional court). Aggravating circumstances are present when a weapon is used, group violence, acts committed against vulnerable persons (children, the elderly, pregnant women) or domestic violence.
Punishments for blows and injuries
- Light strokes without incapacitation: fine of 50 to 500 euros (× 8 opdeciemen);
- Succeeding with illness or disability: imprisonment from 8 days to 1 year and/or fine (correctional);
- With aggravating circumstances: imprisonment from 3 months to 5 years (or more for serious injury or weapon).
Domestic violence: aggravated regime
Blows and injuries committed on a (former) partner or family member are an aggravating circumstance under Belgian law. This leads to higher penalties and additional measures such as a restraining order, a temporary restraining order or mandatory counseling. The prosecutor's office may prosecute the case even if the victim does not wish to file a complaint.
Emergency defense as a defense ground
One who uses force to defend himself or others from an unlawful attack may invoke storm. Emergency defense is justified only if the response is proportional to the attack and if there was no other way out. The assessment of emergency defense is factual and requires a detailed reconstruction of the circumstances. An attorney can construct and prove the emergency defense situation.
As a victim of violence: your rights
As a victim, you can file a complaint with the police, possibly accompanied by a medical certificate. You can file as a civil party in the criminal proceedings to claim compensation. A lawyer can guide you in filing the civil suit and claiming the moral and material damages you have suffered.
Assistance with aggression and violence
Novex Lawyers assists both accused and victims in cases of beatings, injuries and threats. We defend you before the police court and the correctional court in Brussels, assisting you from the first hearing to the final verdict. Contact us for a confidential discussion.
Also read: Arrest and interrogation: your rights as a suspect | House search in Belgium: rights and obligations