Suspect in a criminal case in Belgium: your rights and the procedure

Are you a suspect in a criminal case? An invitation to a police interview, a house search or a letter from the public prosecutor’s office can mark the start of proceedings that move quickly and can have serious consequences for your job, your family and your future. This article explains how a criminal case unfolds in Belgium, what rights you have at each stage and how a case can be brought to the best possible close. It takes into account the new Criminal Code (nieuw Strafwetboek / nouveau Code pénal), in force since 1 September 2026.

The new Criminal Code in brief

The old distinction between petty offences, misdemeanours and serious crimes has been replaced by eight penalty levels (article 36 of the Criminal Code). A level 1 penalty does not include imprisonment. The court then chooses, among other options, between a fine of €200 to €20,000 (to be increased by the statutory surcharge, opdeciemen / décimes additionnels), community service (werkstraf / peine de travail) of 20 to 120 hours or a probation sentence (probatiestraf / peine de probation) of six to twelve months.

From level 2, imprisonment is possible, from six months to three years. At that level the court may also opt for electronic monitoring (straf onder elektronisch toezicht / peine de surveillance électronique) of one month to one year, community service of more than 120 up to 300 hours or a probation sentence of more than twelve up to twenty-four months. The highest levels go up to life imprisonment.

For offences committed before 1 September 2026, the law in force at the time of the offence applies, unless the new regime is more favourable (article 2 of the Criminal Code). In pending cases, it must therefore be checked each time which regime is the most lenient for you. What this means in practice for road traffic offences is explained in our article on the new Criminal Code and traffic offences.

Suspect in a criminal case: how do proceedings begin?

Most cases start with a police report, following a complaint, an observation or a check. The public prosecutor’s office (parket / parquet) then conducts a preliminary investigation (opsporingsonderzoek / information). Far-reaching measures, such as an arrest warrant (aanhoudingsbevel / mandat d’arrêt) or, as a rule, a house search, require an investigating judge (onderzoeksrechter / juge d’instruction).

That investigating judge may conduct a full judicial investigation (gerechtelijk onderzoek / instruction). At the request of the Crown Prosecutor (procureur des Konings / procureur du Roi), the judge may also carry out a single specific investigative measure without a judicial investigation being opened: the so-called mini-investigation under article 28septies of the Code of Criminal Procedure (Wetboek van strafvordering / Code d’instruction criminelle). An arrest warrant cannot be issued by that route.

Your rights as a suspect during a police interview

If you are questioned as a suspect, you must first be briefly informed of the facts and of your rights (article 47bis of the Code of Criminal Procedure). Among other things, you have the right to remain silent and the right not to incriminate yourself. If you do not understand or speak the language of the proceedings, you are entitled to the assistance of an interpreter.

For offences that may lead to a custodial sentence, you are also entitled to a confidential consultation with a lawyer before the interview and to the assistance of that lawyer during the interview. If you are invited in writing, you must contact a lawyer yourself. Read more in our article on your rights during a police interview.

Arrest and pre-trial detention

Outside cases of flagrante delicto (heterdaad / flagrant délit), the Crown Prosecutor may deprive a person against whom there is serious evidence of guilt of their liberty for no more than 48 hours (article 2 of the Pre-trial Detention Act – Wet Voorlopige Hechtenis / loi relative à la détention préventive). Within that period you must be released, unless an investigating judge has heard you and has had an arrest warrant served on you.

An arrest warrant may only be issued in case of absolute necessity for public safety and for offences punishable by a level 2 penalty or a heavier penalty (article 16 of the Pre-trial Detention Act). As a rule, there must also be serious reasons to fear that you would abscond, commit new offences, destroy evidence or collude with third parties.

Within five days, the council chamber (raadkamer / chambre du conseil) decides whether detention is maintained; regular reviews follow. Release on conditions or detention under electronic monitoring may be an alternative. Read more about pre-trial detention and the council chamber.

House searches and seizure

Your home is inviolable (article 15 of the Constitution). A house search (huiszoeking / perquisition) in principle requires a warrant from an investigating judge, your written consent or a situation of flagrante delicto. As a rule, it may not take place before 5 a.m. or after 9 p.m. (article 1 of the Act of 7 June 1969).

During a house search, items may be seized (inbeslagname / saisie), such as a mobile phone, a computer or cash. Anyone adversely affected by a seizure may request that it be lifted: during the preliminary investigation from the Crown Prosecutor (article 28sexies of the Code of Criminal Procedure), during a judicial investigation from the investigating judge (article 61quater). What you should and should not do is explained in our article on house searches.

Access to the criminal file

During the preliminary investigation, you may ask the Crown Prosecutor, by written request, to consult the file or obtain a copy of it (article 21bis of the Code of Criminal Procedure). The prosecutor may refuse, for example where the needs of the investigation so require.

If a judicial investigation is under way, you address the request to the investigating judge (article 61ter). The judge decides within one month; the decision can be appealed to the indictment chamber (kamer van inbeschuldigingstelling / chambre des mises en accusation). Before the council chamber rules on referral to trial, and as soon as you have been summoned (dagvaarding / citation), your lawyer may consult the entire file.

Closing a case without a trial

Not every criminal case ends before a judge. The prosecutor’s office may dismiss the case (sepot / classement sans suite), but such a dismissal is, as a rule, not final: as long as the offence is not time-barred, the case can be reopened. The prosecutor’s office may also propose criminal mediation (bemiddeling in strafzaken / médiation pénale) under article 216ter of the Code of Criminal Procedure.

In an out-of-court settlement (minnelijke schikking / transaction pénale), you pay a sum of money and the prosecution is extinguished, without a conviction (article 216bis of the Code of Criminal Procedure). The victim’s damage must in principle be compensated or at least acknowledged. Whether this is a good choice depends on the file. Read more about out-of-court settlements in criminal cases.

There is also the prior admission of guilt (voorafgaande erkenning van schuld / reconnaissance préalable de culpabilité) under article 216 of the Code of Criminal Procedure. You admit the facts, the prosecutor proposes a penalty and the court approves that agreement without a full trial. Unlike an out-of-court settlement, this procedure ends with a court judgment.

Before the court

After a judicial investigation, the council chamber decides whether you are referred to trial. In other cases, the prosecutor’s office summons you directly. Most offences are tried by the criminal court (correctionele rechtbank / tribunal correctionnel), traffic cases by the police court (politierechtbank / tribunal de police) and the most serious cases by the Assize Court (hof van assisen / cour d’assises).

As a rule, you may be represented by a lawyer, but the court can order you to appear in person. Read more in our article on being summoned before the criminal court.

You can appeal against a judgment within 30 days of its delivery, by filing a statement of grievances (grievenformulier / formulaire de griefs) setting out what you contest (articles 203 and 204 of the Code of Criminal Procedure). If you were convicted by default (bij verstek / par défaut), you can, as a rule, lodge an objection (verzet / opposition) within 15 days of service of the judgment (article 187).

Sentencing and lenient measures

Even where the facts are proven, the court has considerable discretion. Among other things, it may:

• suspend the pronouncement of sentence (opschorting van de uitspraak / suspension du prononcé), with your consent, for offences of level 1 to 6, with a probationary period of one to five years: no conviction follows as long as the suspension is not revoked (article 64 of the Criminal Code);
• grant a suspended sentence (uitstel / sursis) for penalties not exceeding level 3, possibly subject to conditions (article 65);
• impose community service, if you consent, in person or through your lawyer (article 45);
• confine itself to a conviction by declaration of guilt (veroordeling bij schuldigverklaring / condamnation par déclaration de culpabilité), a penalty available for offences of level 1 and 2: the court records your guilt without imposing any other penalty (article 51).

When imposing a fine, the court takes your financial capacity into account; in a precarious situation it may even go below the statutory minimum (article 52 of the Criminal Code). The choice also depends on the facts, your criminal record (strafregister / casier judiciaire) and what you bring to the table yourself: an arrangement with the victim, support or therapy, employment and stable housing.

Often, however, the question of guilt comes first. It is for the public prosecutor to prove the facts, and where there is reasonable doubt the court must acquit you. For traffic cases, read more about the more lenient penalties before the police court.

Common criminal cases

Novex Advocaten handles, among other matters, cases of assault and battery, theft, drugs and defamation and insult. After a conviction, it may also be worthwhile to clean up your criminal record.

Frequently asked questions

Do I have to answer police questions?

No. Once you have stated your identity, you choose whether to make a statement, answer questions or remain silent. Your silence cannot be held against you as an admission of guilt. Preparing for an interview with a lawyer is usually wiser than improvising.

The victim has withdrawn the complaint. Is the case over?

Not necessarily. The public prosecutor decides independently whether to prosecute, even if the victim withdraws the complaint. An arrangement with the victim and compensation for the damage do, however, weigh in that decision and in sentencing.

Can I get a legal aid lawyer?

If you meet the income conditions, you are entitled, through the Legal Aid Office (Bureau voor Juridische Bijstand / Bureau d’Aide Juridique), to second-line legal aid (juridische tweedelijnsbijstand / aide juridique de deuxième ligne), free of charge in full or in part. If you are arrested and wish to be assisted without choosing a lawyer yourself, the Bar’s duty lawyer service is contacted.

Novex Advocaten at your side

In a criminal case, the first contact is often decisive: before the interview, after a house search or on receipt of the first letter from the prosecutor’s office. We assist you from that moment until judgment, in Dutch, French, English and Arabic, with the discretion a criminal file requires.

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