Hit-and-run lawyer in Brussels: elements, penalties and defence

Driving on after an accident can cost you far more than a fine. Leaving the scene of an accident, a hit-and-run offence (vluchtmisdrijf / délit de fuite), is prosecuted before the police court (politierechtbank / tribunal de police), even where people are injured or killed, and for offences committed from 1 September 2026 the penalties range from level 1 to level 3 of the new Criminal Code. As a hit-and-run lawyer in Brussels, Novex Advocaten assists you from the first police interview to the judgment, before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst. You can read more about our practice on the page traffic law lawyer in Brussels.

What is a hit-and-run offence?

Article 33 of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) punishes any driver who knows that their vehicle caused or gave rise to an accident in a public place and who flees in order to evade the necessary findings (dienstige vaststellingen / constatations utiles). Three elements are decisive: an accident in a public place, your knowledge that you were involved, and the intention to evade the findings. A car park open to the public can also count as a public place.

Fault for the accident is not required: a driver who did nothing wrong but drives off still commits a hit-and-run offence. The necessary findings go beyond your identity; they also cover the circumstances of the accident and your condition, for example by means of a breath test. By contrast, a driver who genuinely did not notice the accident, such as a light touch while parking, does not commit the offence; we build that proof from the documents in the case file.

What should you do after an accident?

Stop as soon as possible at a place where you do not endanger other traffic. If anyone is injured, stay at the scene, give assistance, call 112 and wait for the police. If there is only material damage, exchange details with the other people involved, for example using the European accident statement (Europees aanrijdingsformulier / constat européen d’accident).

If the owner of the damaged property is not present, for example when you damage a parked car, leave your name and address on the spot as far as possible and, in any event, pass those details on to them as soon as possible, either directly or through the police (Article 52.2 of the Highway Code (wegcode / code de la route)). A note under the windscreen wiper does not always offer enough certainty. If you are unsure afterwards whether you acted correctly, contact a lawyer immediately.

Hit-and-run penalties since 1 September 2026

The new Criminal Code (Strafwetboek / Code pénal) expresses penalties as penalty levels (strafniveaus / niveaux de peine). Level 1 excludes imprisonment: the court then chooses, among other options, between a fine, community service (werkstraf / peine de travail) of 20 to 120 hours, a probation sentence of 6 to 12 months or a conviction by declaration of guilt (veroordeling bij schuldigverklaring / condamnation par déclaration de culpabilité). Level 2 allows imprisonment of 6 months to 3 years, alongside other options such as electronic monitoring of one month to one year, community service of more than 120 and up to 300 hours or a probation sentence of more than 12 and up to 24 months; level 3 means imprisonment of more than 3 and up to 5 years. The fines below are the actual amounts, including the statutory multipliers (opdeciemen / décimes additionnels).

Anyone who, within three years of a conviction for one of the serious traffic offences listed in Article 38 § 6 of the Road Traffic Act, including hit-and-run, commits such an offence again faces a mandatory driving ban (verval van het recht tot sturen / déchéance du droit de conduire) of at least three months and must pass the four reinstatement tests (herstelexamens / examens de réintégration). Anyone who commits a further hit-and-run involving material damage or injury within three years of a conviction for hit-and-run also faces a level 3 penalty, with a fine of €4,000 to €50,000 (Article 33 § 3).

A hit-and-run is often prosecuted together with the underlying offence: driving under the influence, speeding or, where the accident caused injury or death, harming physical integrity in traffic (integriteitsaantasting / atteinte à l’intégrité) or causing death in traffic (doding in het verkeer / homicide dans le cadre de la circulation), under Articles 218 and 107 of the Criminal Code. Where causing death in traffic is combined with alcohol intoxication from 0.35 mg/l, drunkenness, drugs, speeding or a serious breach of the traffic rules, the driving ban is at least three months, with the four tests (Article 38 § 2 of the Road Traffic Act).

For offences committed before 1 September 2026, the former penalties of Article 33 apply: for material damage, imprisonment of 15 days to 6 months and a fine of €200 to €2,000; for injury, 15 days to 3 years and €400 to €5,000; for a fatal outcome, 15 days to 4 years and €400 to €5,000, in each case increased by the statutory multipliers (× 8 for offences up to 31 January 2026, × 10 for offences from 1 February 2026). For repeat offences within three years, Article 33 § 3 also provided for heavier penalties. The court compares both regimes and applies the most lenient criminal law (Article 2 of the Criminal Code).

How does the procedure work?

1. Findings and investigation. The police identify the vehicle through witnesses, camera footage or the number plate and invite the owner or the presumed driver for an interview. What you say in that first interview carries great weight. You are not obliged to incriminate yourself and you may remain silent; prepare the interview with a lawyer and also read your rights during a police interview.
2. Voluntary report. The offence is complete as soon as you drive off; reporting it later does not undo it. However, reporting quickly to the police of your own accord shows that you are not trying to evade the findings, and the public prosecutor and the court may take that into account. We assist you in making that report.
3. Settlement or summons. In less serious cases, the public prosecutor (parket / parquet) may propose a criminal settlement (minnelijke schikking / transaction) under Article 216bis of the Code of Criminal Procedure. Otherwise, you will be summoned (dagvaarding / citation) before the police court, usually the one for the place of the accident. Where people are injured or killed, the police court remains competent, including for aggravated causing of death (Article 138, 6°bis, of the Code of Criminal Procedure); the criminal court (correctionele rechtbank / tribunal correctionnel) comes into play mainly where the case is connected to non-traffic offences.
4. Judgment and appeal. A judgment given after an adversarial hearing can be appealed to the criminal court within thirty days of its delivery, with a grounds-of-appeal form (grievenformulier / formulaire de griefs) filed within the same period. Against a default judgment, you can lodge an objection (verzet / opposition) within fifteen days of service. More on this: objection or appeal against a police court judgment.

Our approach as your hit-and-run lawyer

We first examine the constituent elements: was there an accident in a public place, did you know you were involved, and did you drive away to evade the findings? If knowledge or intent is lacking, we argue for acquittal.

If the offence is proven, we work on the sentence: the lowest possible penalty within the applicable level, community service or a probation sentence instead of imprisonment, suspension of the pronouncement (opschorting van de uitspraak / suspension du prononcé) or a suspended sentence (uitstel / sursis). Where there are mitigating circumstances, the court may impose a level 1 penalty for a level 2 offence, and a suspended sentence can also cover the driving ban, although at least eight days must actually be served (Article 41 of the Road Traffic Act). Community service requires your consent, given in person or through your lawyer. We aim for a driving ban no longer than the law requires, limited where possible to weekends and public holidays (Article 38 § 2bis of the Road Traffic Act). That limitation is ruled out where reinstatement depends on reinstatement tests, which is the case for hit-and-run involving injury or death.

We also handle the civil side with the victim and the insurers. See also hit-and-run in Belgium: penalties, driving ban and defence and suspended sentences and suspension in traffic law.

In practice

Most cases start with an invitation to a police interview a few days to a few weeks after the accident. Get in touch before that interview: a statement that admits knowledge of the accident without explaining the circumstances is hard to correct afterwards. At the hearing, your lawyer can represent you and plead your case; judgment is usually delivered at a later date.

See also your rights during a traffic police check, how the police court works and whether you must appear in person.

Which police courts do we cover?

Novex Advocaten pleads before the police court of Brussels (Dutch-speaking and French-speaking), the police court of Halle, the police court of Vilvoorde, the police court of Leuven and the police court of Aalst.

Contact

Received an invitation to a police interview or a summons for a hit-and-run? Call 0484 99 22 72, email asfour@novexadvocaten.be or use the contact form. You can also read beforehand what a traffic lawyer costs.