Criminal settlement in Belgium: when is paying the right choice?

“Extinction of the prosecution against payment of a sum of money”: a criminal settlement in Belgium (minnelijke schikking / transaction pénale) sounds technical, but in practice it is one of the most effective ways to close a criminal case without a conviction. Accepting it, however, is not always the best choice. This article explains how a criminal settlement works, what it does and does not mean, when you are better off refusing it, and what you risk since the new Criminal Code came into force on 1 September 2026 if the case still ends up before a judge.

What is a criminal settlement in Belgium?

The public prosecutor (procureur des Konings / procureur du Roi) may propose that the suspect pay a sum of money to the Federal Public Service Finance. If that sum is paid within the time limit, the prosecution is extinguished (Article 216bis of the Code of Criminal Procedure). There is no trial and no conviction.

The prosecutor’s office sets the payment deadline: at least fifteen days and at most three months. In special circumstances, this deadline can be extended. If goods liable to confiscation have been seized, the prosecutor’s office may also ask you to give them up.

Which offences qualify?

The prosecutor’s office must consider that, in the specific circumstances, the facts do not warrant a prison sentence of more than two years or a heavier penalty (for legal persons: no fine exceeding 360,000 euros). In addition, they must not involve serious harm to physical integrity.

A criminal settlement can therefore be used for a wide range of offences, such as theft and shoplifting, handling stolen goods, minor assault, drug possession, forgery or fraud, but not for serious violent offences.

For a level 1 offence, the sum may not exceed the statutory maximum of the fine; in any event, it must be proportionate to the seriousness of the offence.

The victim must be compensated first

A settlement can only be proposed once any victim’s damage has been fully compensated. It can also be proposed where the offender has acknowledged civil liability in writing and has paid the undisputed part of the damage. In any event, the victim can still assert their rights before the competent court.

For tax and social security offences, the evaded taxes or social security contributions, including interest, must be paid first. The administration concerned must also agree.

Also possible during the investigation or after a summons

A settlement is not only possible before the case reaches the court. During a judicial investigation, or when the case is already pending before the court, the prosecutor’s office can still propose it, as long as no final decision on the prosecution has been given.

In that case, the court must approve (homologate) the settlement. It checks whether the legal conditions are met, whether the victim has been compensated, whether you accepted the settlement freely and in full knowledge of the facts, and whether it is proportionate to the seriousness of the facts and your personality.

Preferably let the discussions with the prosecutor’s office go through your lawyer. Whatever you state or submit during the negotiations should be weighed in advance. If you have already been summoned, also read what to do after a summons before the criminal court.

What paying does and does not mean

• No conviction. The prosecution is extinguished. There is no judgment and no penalty.
• No entry on the standard extract. A settlement reached during a judicial investigation or after the case was brought before the court is recorded in the central criminal record. However, it does not appear on the extract from the criminal record that you request yourself. Also read how to clear your criminal record.
• But a civil-law consequence. If the victim still asserts their rights before the civil court, your payment counts as an irrebuttable presumption of fault. That is no minor detail when compensation is still in dispute.
• No protection for others. The settlement applies only to you. The prosecution of co-offenders simply continues.

When should you accept a criminal settlement?

A settlement is often sensible when the evidence is strong and a conviction is likely. It avoids a public trial, litigation risk and a conviction on your criminal record, and it closes the file quickly. For business owners, self-employed people and members of the liberal professions who fear disciplinary or reputational consequences, this weighs heavily.

When is it better to refuse?

• If the evidence is weak. Where an acquittal is realistic, paying is an unnecessary loss, especially given the civil presumption of fault.
• If the amount is disproportionate. The amount can be negotiated, with arguments about the seriousness of the facts and your financial means.
• If you want your innocence established. A settlement does not decide on the facts. Anyone who wants a ruling deliberately opts for trial.
• If other consequences are at stake. Think of disciplinary proceedings, a firearms licence or a right of residence: these consequences must be assessed beforehand.

No settlement: what do you risk since 1 September 2026?

If you refuse the settlement, or if no offer is made, the court decides. Since 1 September 2026, the new Criminal Code has worked with penalty levels (niveaux de peine). For a level 1 offence, the law no longer provides for imprisonment: the court then chooses between a fine, community service, a probation sentence, confiscation or a conviction by declaration of guilt (Article 36 of the Criminal Code).

The court can also suspend the pronouncement of sentence (Article 64) or grant a suspended sentence (Article 65). Community service requires your consent, which you can give in person or through your lawyer (Article 45). For offences committed before 1 September 2026, the court applies the most lenient criminal law where the penalty has since changed (Article 2).

Besides the criminal settlement, other routes exist, such as criminal mediation (Article 216ter of the Code of Criminal Procedure) and the prior admission of guilt procedure (Article 216 of the Code of Criminal Procedure). Read more about suspension, suspended sentences and community service.

Criminal settlements in traffic cases

Traffic cases follow their own rules. An immediate payment (perception immédiate) is proposed by the police, not by the prosecutor’s office. If it is not paid, a settlement offer follows, and then a payment order from the public prosecutor, increased by 35 % (Article 65/1 of the Road Traffic Act).

You can appeal against that order to the police court (tribunal de police) within 30 days. Read more about settlements in traffic cases.

Frequently asked questions

Is a criminal settlement an admission of guilt?

Not under criminal law: there is no declaration of guilt by a court and no conviction. Under civil law, however, the payment counts as an irrebuttable presumption of fault when the victim still asserts their rights before the court.

Can I ask for a criminal settlement myself?

You can, through your lawyer, suggest that the prosecutor’s office consider a settlement. The initiative and the decision lie with the public prosecution service. A well-reasoned request, together with an arrangement for the damage, improves the chances.

What if I do not pay on time?

The prosecution is then not extinguished and the prosecutor’s office can continue the proceedings. If you need more time, contact the prosecutor’s office before the deadline expires, preferably through your lawyer.

Does the criminal settlement still exist under the new Criminal Code?

Yes. The criminal settlement is laid down in the Code of Criminal Procedure and continues to exist after 1 September 2026. What has changed is the penalty you risk if the case still goes to court: it is now determined through penalty levels.

Novex Advocaten at your side

Mr Mohamed Asfour, lawyer, negotiates the principle and the amount with the prosecutor’s office, checks that all conditions are correctly applied and makes sure that the settlement closes what needs to be closed. Also read our overview of your rights as a suspect in a criminal case.

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