What is a flight crime in Belgium?
A crime of flight (Article 33 Road Traffic Act) is deliberately leaving the scene of a traffic accident in which you were involved, without leaving your identity details, without rendering assistance to any victims, or without waiting for the police. This is one of the most serious traffic crimes in Belgium - not an ordinary offense, but a crime.
Escape crime without victims: also punishable
Many people think that hit-and-run is only applicable in serious accidents with injuries. That's wrong. Even in cases of purely property damage - you hit a parked car and drive off without leaving a bill - you are punishable for hit-and-run. The penalties are more severe the more physical injury or death is involved.
Penalties for escape crime by type
- Purely material damage: imprisonment from 15 days to 6 months (with suspension possible), fine from €800 to €16,000 (after decimes), driving ban of at least 3 months.
- Bodily injury: imprisonment from 1 month to 3 years, fine up to €24,000, driving ban from a minimum of 3 months to life.
- Death: imprisonment from 3 months to 5 years, fine up to €40,000, driving ban up to life in prison, possibility of forfeiture of right to drive.
Which court has jurisdiction?
In the case of purely material damage: the police court. In case of bodily injury or death: the correctional court. In either case, the assistance of an attorney is highly recommended - the penalty and the consequences to your driver's license depend largely on how your case is defended.
How does the prosecution prove a flight crime?
The prosecution must prove three elements:
- You were involved in the traffic accident (directly or indirectly).
- You knew or reasonably should have known that an accident had occurred.
- You intentionally took flight without complying with your legal obligations.
The proof of setup is crucial. Were you unaware of the accident? Did you have a valid reason for leaving? Was the damage so minimal that you believed no incident had occurred? These are defenses that an attorney can thoroughly develop.
Insurance implications
A fugitive felony conviction also has serious insurance consequences. Your insurer may seek recourse: they pay damages to the victim, but then recover it from you personally. In case of personal injury, the Joint Motor Insurance Fund intervenes, which then also recovers from you. This can involve significant amounts of money.
Novex Lawyers: your flight crime defense
Novex Advocaten has extensive experience with hit-and-run cases before the police court and correctional court in Brussels, Halle, Leuven and Vilvoorde. We challenge the intent, analyze the technical evidence (camera images, testimonies, damage report) and strive for the mildest possible outcome.
📞 048 499 22 72 | 📧 asfour@novexadvocaten.be | Avenue Louise 379, 1050 Bruxelles
