The police court in Belgium: jurisdiction, hearings and who does what

Almost everyone in Belgium deals with the police court (politierechtbank / tribunal de police) at some point, yet hardly anyone knows in advance how it works. One misconception keeps coming back: there is no such thing as a “traffic court” in Belgium. Traffic cases are heard by the police court, whose jurisdiction is much broader than its name suggests.

What does the police court in Belgium deal with?

In criminal matters, it hears offences under the Road Traffic Act (loi relative à la police de la circulation routière) and its implementing decrees, as well as unintentional homicide and unintentional bodily harm resulting from a road accident (Article 138 of the Code of Criminal Procedure). For offences committed on or after 1 September 2026, these last offences are called “killing in traffic” (homicide dans le cadre de la circulation, Article 107 of the Criminal Code) and “causing harm to physical integrity in traffic” (Article 218 of the Criminal Code). Even a fatal accident therefore generally goes before the police judge, not before the criminal court (tribunal correctionnel). This is one of the most persistent misconceptions in this field.

In civil matters, it hears all claims for compensation for damage resulting from a road accident, whatever the amount (Article 601bis of the Judicial Code). As a result, the victim’s claim for damages and the criminal case against the driver often come before the same judge.

The police court also rules on, among other things, appeals against an order to pay (ordre de paiement) issued after an unpaid traffic fine (Article 65/1 of the Road Traffic Act) and appeals against municipal administrative sanctions (SAC fines, Article 31 of the Act of 24 June 2013 on municipal administrative sanctions – wet betreffende de gemeentelijke administratieve sancties / loi relative aux sanctions administratives communales).

When does the case go to the criminal court instead?

When the traffic offence is connected to acts that fall outside the police court’s jurisdiction. Think of a hit-and-run combined with drug dealing, deliberate assault following a traffic incident, or theft of the vehicle. The criminal court then deals with the case as a whole.

The procedure remains largely the same, and each offence keeps the penalty the law sets for it. Yet the distinction is not a formality: the judge then also assesses the more serious acts, which weigh on the sentence and on your criminal record.

Who is in the courtroom?

• The police judge, who sits alone. The judge decides on both guilt and sentence, and also rules on the civil claims.
• The public prosecutor’s office, represented by the Crown Prosecutor (procureur du Roi) or a deputy. It acts on behalf of society and asks for a sentence. It does not act against you personally, but safeguards the public interest and may itself appeal against a judgment it considers too lenient.
• The court clerk, who assists the judge and records the course of the hearing. After a driving ban (déchéance du droit de conduire), it is at the court registry that you hand in your driving licence.
• The lawyers for the defendant and for any civil party, and sometimes for the insurer, which may intervene in the criminal proceedings.

How does a police court hearing work?

Cases are called one by one; at the first hearing a case is often adjourned, for example to allow the file to be consulted. When the case is heard, the public prosecutor sets out the facts and requests a sentence. If a victim claims damages, the civil party then speaks. The defence pleads next, first on guilt if it is disputed, and in any event on the sentence.

As the defendant, you always have the last word. The court gives its decision at the hearing itself or reserves judgment and delivers it at a later date.

In traffic cases, you may be represented by your lawyer. There is one exception: when the judge orders you to appear in person. Representation also suffices for a community service sentence (peine de travail): it requires your consent, but you may give it in person or through your lawyer (Article 45 of the Criminal Code). See also whether you must appear in person before the police court.

What sentences can the police judge impose since 1 September 2026?

Since 1 September 2026, the new Criminal Code has been in force and the penalties under the Road Traffic Act have been converted into penalty levels (niveaux de peine). Most traffic offences are level 1: a fine, community service, a probation sentence, confiscation or a conviction by declaration of guilt, but no prison sentence. Driving without a licence, driving during a ban and a repeat offence of driving under the influence within three years are level 2 offences, for which a prison sentence of 6 months to 3 years is also possible. In addition, the judge may, and sometimes must, impose a driving ban.

For offences committed before 1 September 2026, the former penalties continue to apply, unless the new law is more lenient (Article 2 of the Criminal Code). Read more in our articles on the new Criminal Code in traffic cases and on suspended sentencing, suspended sentences and community service.

The language of the proceedings

The language of the proceedings depends on the competent court and therefore, as a rule, on where the offence took place. The police courts of Halle, Vilvoorde, Leuven and Aalst operate in Dutch; in the Brussels-Capital Region, there is both a Dutch-speaking and a French-speaking police court, and there the language depends as a rule on where you live or, if you live in a Brussels municipality, on the language of your statements during the judicial or preliminary investigation (Article 16 § 1 of the Act of 15 June 1935). Under the conditions of the language legislation (including Articles 16 § 2 and 23 of that Act), you may ask for your case to be heard in the other national language.

Before the court, this request is made at the hearing; in Brussels, it can also be made as early as the preliminary or judicial investigation (Article 16 § 2). For anyone who wants to defend themselves in their own language, this is no minor detail, but it also causes delay. Weigh this up with your lawyer and read more about changing the language of proceedings before the police court.

Which police court has jurisdiction?

The competent court is, as a rule, the one for the place where the offence occurred. For our clients, this usually means the police courts of Brussels, Halle, Vilvoorde, Leuven or Aalst. Each court has its own habits in sentencing and in the conduct of hearings: knowledge you only acquire by pleading there every week.

Novex Advocaten can assist you before the police court

We appear before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst, in Dutch and in French. We can also talk with you in English or in Arabic. Send us your summons or police report for an honest assessment.

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