Suspended sentence, suspension, community service or a course: lighter penalties at the police court

Once the facts are established, the entire debate before the police court (politierechtbank / tribunal de police) shifts to the sentence. A suspended sentence, a suspension of sentence, community service, a declaration of guilt or a training course: there are more options than most people realise. But none of them is granted automatically. If you want one, you have to ask for it, justify it and back it up with evidence.

Since 1 September 2026, these matters are governed by the new Criminal Code (Strafwetboek / Code pénal). For offences committed before 1 September 2026, the rules in force at that time continue to apply, unless the new rules are more favourable (Article 2 of the Criminal Code). Most traffic offences now fall under penalty level 1 (strafniveau / niveau de peine). More serious offences sit higher: driving without a licence, or a repeat drink- or drug-driving offence within three years, is a level 2 offence, and causing death by driving (doding in het verkeer / homicide dans le cadre de la circulation) is level 3.

Suspension of the pronouncement of sentence

The judge finds that the facts are proven but imposes no sentence (opschorting van de uitspraak / suspension du prononcé). A probation period of one to five years follows; if you commit no new offences during that period, the matter ends there. The suspension is recorded in the central criminal record, which the judiciary can consult, but in principle it does not appear on the criminal record extract you show to an employer.

For anyone who needs a clean extract — in healthcare, education, security, public procurement or for a professional card — this is by far the most valuable outcome. Read more about the consequences of a conviction in our article on expungement and rehabilitation.

Suspension is possible for offences of level 1 to 6 and requires your consent (Article 64 of the Criminal Code). Whether the judge grants it depends on your criminal history and on the seriousness of the facts. It can also be made subject to conditions, in which case it is called probationary suspension: for example, attending a course, starting treatment or compensating the victim.

Please note: the suspension can be revoked if you reoffend during the probation period. If you obtained a suspension for a traffic offence, this can happen, among other things, when you are convicted again under the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) during the probation period. The judge can then still impose a sentence.

Suspended sentence

Here the judge does impose a sentence (uitstel / sursis), but it is not enforced as long as you commit no new offences during the probation period of one to five years. A suspended sentence is possible for penalties not exceeding level 3, either as a simple suspended sentence or as a probationary suspended sentence (Article 65 of the Criminal Code). It can cover the principal penalty as well as ancillary penalties such as the driving ban (verval van het recht tot sturen / déchéance du droit de conduire).

A suspended sentence is not available for community service, a probation sentence or an electronic monitoring sentence. The conviction itself remains and is entered in the criminal record. The suspension can be full or partial: for example, a three-month driving ban, two months of which are suspended. For a driving ban imposed under the Road Traffic Act, however, at least eight days must actually be served (Article 41 of that Act).

In traffic cases, this is often the realistic middle ground between an acquittal that is out of reach and an immediate penalty that would cost you your job.

Conviction by declaration of guilt

New since 1 September 2026: for a level 1 or 2 penalty, the judge can confine the sentence to a declaration of guilt (Article 51 of the Criminal Code; veroordeling bij schuldigverklaring / condamnation par déclaration de culpabilité). This is possible where the facts, in light of the specific circumstances, are only of minor seriousness, or where the time that has elapsed makes another penalty inappropriate. You then receive no fine; court costs and any compensation owed to the victim, however, remain payable. Except in combination with confiscation, a declaration of guilt cannot in principle be imposed together with another penalty.

Community service and the probation sentence

Community service (werkstraf / peine de travail) is a principal penalty: unpaid work of 20 to 120 hours as a level 1 penalty, or of more than 120 to 300 hours as a level 2 penalty (Article 45 of the Criminal Code). At the same time, the judge sets an alternative penalty in case the community service is not carried out, or not properly.

The judge can only impose community service if you give your informed consent, in person or through your lawyer. Your personal attendance is therefore not required (see also do you have to appear in person?). However, if you neither appear nor arrange to be represented, this option is closed.

The new Criminal Code also provides for the probation sentence (probatiestraf / peine de probation) as an independent principal penalty: 6 to 12 months at level 1, more than 12 to 24 months at level 2. During that period you must comply with certain conditions, such as a course or supervision.

Please note: community service or a probation sentence is an alternative to a fine (and, at level 2, to imprisonment), but not to the driving ban where that ban is mandatory.

Mitigating circumstances: one level lower

For a level 2 offence, such as driving without a licence, the judge can impose a level 1 penalty if there are mitigating circumstances. Imprisonment is then excluded, as level 1 does not provide for it. And for a level 1 offence that also carries an ancillary penalty, the judge can, where there are mitigating circumstances, impose that ancillary penalty alone, for example a driving ban without a fine.

The judge has discretion to decide what counts as mitigating; it is up to you and your lawyer to demonstrate those circumstances in concrete terms.

A training course as a condition for reinstatement or as an argument

The judge can make the reinstatement of your right to drive conditional on completing a specific training course (Article 38, § 3, 5° of the Road Traffic Act). Since 1 January 2026, that course can supplement or even replace the theory test and the practical test, including where the law makes those tests mandatory (Article 38, §§ 2, 5 and 6). A course can also play a role outside the courtroom, for example as a condition of criminal mediation (bemiddeling in strafzaken / médiation pénale) proposed by the public prosecutor’s office.

A course or targeted treatment has two sides: it costs time and money, but it also shows that you take the facts seriously. If you have already completed the course before the hearing and file the certificate, the tone of the hearing changes noticeably.

What else you can ask for in traffic cases

• Serving the driving ban at weekends and on public holidays, so that you can keep driving to work during the week (Article 38, § 2bis of the Road Traffic Act; not where reinstatement tests, a training course or an alcohol interlock are imposed).
• Limiting the driving ban to certain categories of vehicles, so that, for example, a work vehicle is not affected (Article 45 of the Road Traffic Act; not where reinstatement tests or an alcohol interlock are imposed).
• Taking into account the costs you bear yourself, such as the reinstatement tests (herstelexamens / examens de réintégration) or an alcohol interlock, when the fine is set.
• A fine below the statutory minimum if you prove that your financial situation is precarious, or payment in instalments (Article 52, § 2 of the Criminal Code): the judge takes into account the financial capacity and the social situation you invoke.
• Limiting the reinstatement tests: not automatically all four reinstatement tests, but only what the facts genuinely require, unless the law makes them mandatory in your case.

Suspension and suspended sentence: what the judge needs to say yes

A judge decides on the basis of what is in the case file. In practice, the following carry weight: a clean or limited criminal record, a statement from your employer showing that your driving licence is essential, payslips and your family situation, proof that the victim has been compensated, a course or treatment you have completed, and a proper attitude during the investigation. Gather these documents before the hearing — at the hearing itself it is too late.

Novex Advocaten is here to help

We assess which option is realistic in your case, gather with you the documents the judge needs, and argue for the outcome that least disrupts your work and your family. Read more about our approach on our page traffic law lawyer in Brussels.

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