You will be considered a victim of a crime if you have suffered damage, for example if you have been injured or your property has been damaged or stolen, as a result of an incident that constitutes a crime under domestic law. As a crime victim you have certain individual legal rights before, during and after the criminal proceedings.
Criminal proceedings in Belgium are divided into investigation and trial stages. In most cases the investigation is directed by the public prosecutor or – in certain cases that are more complex – by an investigating judge. During the investigation, evidence is gathered to establish whether a crime has been committed and by whom.
Once the investigation has finished, the case is either closed or referred to a court for trial. During the trial the court will examine the body of evidence and determine whether the accused is guilty or not. If the accused is found guilty, a sentence may be imposed. However, the court can also find the person not guilty and acquit them.
As a victim you have a number of rights at all stages of the criminal proceedings. If you want to take a more active part in the proceedings, you can ask to be registered as an injured party, or you can bring a claim as a civil party to the criminal proceedings. Under certain circumstances you can initiate criminal proceedings yourself by directly summoning the perpetrator or by lodging a complaint with the investigating judge and at the same time applying to be treated as a civil party. As a civil party you can claim compensation from the offender. Subject to a number of conditions being met (for example, if you are the victim of a violent crime and the damage cannot be made good by the perpetrator or by an insurer), you may be eligible for compensation from the State.
The following factsheets will take you through the different steps of the procedure, describing your rights during the investigation of the crimeduring the trial or after the first trial. Also, read more about the help and support you can get.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
How and where can I report a crime?
How can I follow up on what the authorities do after I report a crime?
How can I be involved in the investigation of the crime?
How can I get protection, if I am in danger?
What services and assistance can I be given during the investigation of the crime?
How will my case continue after the end of the investigation?
Can I appeal if my case is closed without reaching the court?
I am a foreigner. How are my rights and interests protected?
You can report a crime to the local police, preferably in the area where the crime has taken place. In an emergency you can always telephone 112 to contact the police. In non-emergency situations you can go to the nearest police station. The addresses of police stations are listed on the website of the local police force in Dutch and French.
If you are a Belgian citizen or a Belgian resident (e.g. you have been granted permanent residence in Belgium), you can report some petty crimes (e.g. vandalism, shoplifting and theft of a bicycle) online in Dutch, French or German. In addition, anybody, including tourists, can report internet-related crime online via a dedicated website which is available in Dutch, French, German and English.
A few offences can be prosecuted only if the victim files a complaint (e.g. stalking, defamation and libel).
You do not have to report the crime immediately, but it is in your interest to do so to enable the police to have detailed information about the facts and circumstances of the crime and any damage or injury that you have suffered as soon as possible. You should also bear in mind that after a certain period of time it will no longer be possible for the authorities to prosecute. This time bar or period of limitation is specified by law and varies according to the crime, ranging from six months to fifteen years.
The police will interview you and draw up an official report. During the interview you have a number of rights which continue to apply if you make another statement later on. Whether you are interviewed as a victim or as a witness, the police officer must explain to you before the interview that:
If you speak a language other than that in which the proceedings are carried out, the police will provide a professional interpreter, unless the police officer can write your statement in your language or asks you to write your statement in your language yourself.
Your statement will be included in the official report which may include the following information:
In your statement you can also indicate whether you need any type of practical, social, psychological or legal assistance.
You should provide the police with copies of any documents, as you may need the original documents later on, for example if you contact your insurance company.
If you are a victim of sexual violence, your interview will whenever possible take place in a special room that offers the necessary privacy.
In most cases the police will send the official report (proces-verbaal/procès-verbal) to the public prosecution service (parket/parquet). The public prosecutor will then decide whether the police have to open an investigation or not. This investigation may be conducted either by the public prosecutor (procureur des Konings/procureur du Roi) (a standard investigation (opsporingsonderzoek/enquête pénale)) or in more complicated cases, or where more intrusive measures such as house searches are needed, by an investigating judge (judicial investigation (gerechtelijk onderzoek/instruction judiciaire)). In some cases the police can decide to conduct an investigation on their own authority and send a complete file to the public prosecution service for further action (police investigation (ambtshalve politioneel onderzoek/enquête policière d'office)). For a number of petty crimes (such as theft of a bicycle), and depending on the circumstances (e.g. if there is no trace of the perpetrator) the police will draw up a simplified official report (vereenvoudigd proces-verbaal (VPV)/procès-verbal simplifié)). This simplified official report will remain at the police station and will not be forwarded to the public prosecution service. Every month a list of all the simplified official reports which have been drawn up will be forwarded to the public prosecutor, and he or she will therefore be made aware of your case. If any new information comes to light which may have an impact on the case (for example, if the perpetrator of a crime is identified), the official report will be forwarded to the public prosecutor and the police will inform you accordingly.
After you report a crime you will receive a certificate. On this certificate you can find your reference number, the name of the police officer who helped you the first time and contact details of the prosecution office, which you can contact to follow up on your case.
On your certificate you will clearly see whether your case will be handled as an official report (this means that the report is sent to the prosecution office, where the public prosecutor will decide whether the crime needs further investigation), a police investigation or a simplified official report.
In the event of prosecution, if you have not taken any further steps beyond making your report to the police, you will be informed by the public prosecutor only of the date, time and place of the court hearing.
If you wish to receive information about any other action taken in respect of your report you have the legal right to register as an injured party (benadeelde persoon/personne lésée). You can submit a declaration that you are an injured party, either personally or through a lawyer, to the police officer drawing up the official report, or to the secretariat of the public prosecution service, or at the police station, or by sending a registered letter to the secretariat of the public prosecution service. You will also receive a template for making such a declaration when you receive the document confirming you have made a report.
As an injured party you will receive information in writing about the decisions taken by the public prosecutor (for example, a decision to close the case and the reasons for this, or a decision to start a judicial investigation) and the date of any hearing before an examining court. You will also have the right to add any document that you deem useful to the file. You will additionally have the right to request access to the file and to obtain a copy of it.
If you want to make a claim for damages, or obtain further rights, you must enter a claim as a civil party to the criminal proceedings1 (burgerlijke partij/partie civile). You can do so by submitting an express declaration to that effect personally or through your lawyer at any stage of the proceedings. As a civil party you can request access to the case file and obtain a copy of it, ask for additional investigative steps to be taken, claim damages, bring legal challenges against the decisions reached, and be consulted and informed regarding the imprisonment of the offender.
As a civil party to the criminal proceedings or as an injured party you will have the right to be represented by a lawyer in your contacts with the authorities. Investigations are confidential in Belgium, and it is not possible for you to be present during the investigation (e.g. for the questioning of the suspect), except where there is a visit to the scene of the crime in order to carry out a reconstruction, in which case a civil party may be present.
You are not required to prove either the occurrence of the crime or the guilt of the perpetrator yourself.
It is not possible to have your loss or damage reimbursed at this stage of the criminal proceedings.
Once the official report has been forwarded to the public prosecution service and prosecution has started, you can no longer stop the criminal proceedings. This is so even where the offence can be prosecuted only if reported by the victim, which is the case with stalking for example.
During the investigation you are likely to be interviewed as a witness.
As a witness you (as well as your family members and relatives) can benefit from the following witness protection measures:
If you have suffered from a crime committed by a criminal organisation or from a serious offence such as the kidnapping of a minor, arson or murder and the measures listed above are not sufficient, special protection measures can be granted. These include (also applying to family members and relatives):
Reimbursement may be available for any travel and accommodation expenses incurred as a result of acting as a witness in the criminal proceedings. Witnesses can also apply for half-day compensation for time missed from work. These costs are paid by the state budget, but will have to be reimbursed by the defendant if found guilty.
When you have been granted a protection measure or if you are not in the country, you can be interviewed by videoconference or tele-conference by the public prosecutor or the investigating judge.
If you are under 18 years of age and you are the victim of a crime, you have the following additional rights during the interview:
To prevent you from being interviewed several times your interview may be recorded or videotaped. If you are under the age of 12 your interview may be recorded on video; you must be informed beforehand. If you are older than 12 your interview may be recorded on video only if you give your permission. These interviews take place in specifically equipped rooms.
Where you have been the victim of sexual abuse, prostitution or pornography, the period of limitation after which the case can no longer be prosecuted does not start running until you have reached the age of 18.
If you are a victim of crime and a minor, the police will also refer you to a specialist centre for victims of child abuse.
You will also be shielded against disclosure of your identity in the media, that is to say that the publication or dissemination of pictures, drawings and other materials that may reveal your identity will be forbidden.
The police will give you information about:
This information can be provided in leaflets and brochures or verbally. The brochures are available in the three official languages (Dutch, French and German). In practice, information given verbally may also be provided in other languages (e.g. English).
It is important to know that you will be kept informed of certain developments in your case only if you have registered as an injured party or have made a claim as a civil party to the criminal proceedings1. These are as follows:
You are allowed to make copies of the file, but you will be charged a fee for each copy (around 0.25 to 0.50 euros per copy). However, if your case is being handled by the assize court (hof van assisen/cour d'assises), copies are free of charge.
For initial guidance you can ask for front‑line legal assistance (juridische eerstelijnsbijstand/aide juridique de première ligne), in which lawyers provide free legal advice at certain times on certain days. Where necessary they can refer you to a specialist service or organisation. Consultation are organised in court buildings, civil magistrates' courts (vredegerecht/justice de paix), law centres and some municipal administrations, etc. You can find a law centre (justitiehuis/maison de justice) in every judicial district (their contact details are available in French and Dutch) or you can contact one of the victim support services.
For detailed legal advice, assistance and representation, you need to enlist the services of a lawyer. Depending on your income this may be wholly or partially free of charge, through the second‑line legal assistance system (juridische tweedelijnsbijstand/aide juridique de deuxième ligne). A number of categories of persons in specific situations, such as minors or persons with a mental disability, are always entitled to free legal representation.
For second‑line legal assistance you need to go to a Legal Aid Office (bureau voor juridische bijstand/bureau d’aide juridique) (details in French and Dutch), which is present in every court building. You will have to produce documentation showing either that you belong to one of the special categories or that you are on a low net income. The Office will decide within a fortnight whether to approve your application and send you the contact details of your assigned lawyer. It is also possible to ask a lawyer of your choosing whether he or she is willing to work under the second-line legal assistance arrangements. If the lawyer agrees to this, he or she will contact the Office on your behalf in order to seek approval for your application.
If your financial means are modest, under certain circumstances you can ask to be exempted from a number of procedural costs (e.g. bailiff's costs and the costs of copies from the book of evidence) under the legal aid (rechtsbijstand/assistance judiciaire) arrangements. To benefit you need to submit a request to the Legal Aid Office of the criminal court handling the case. If you are already a civil party to the criminal proceedings you can submit this request, in writing or verbally, to the criminal court handling the case.
You are also advised to check your insurance policies closely to see whether you have legal expenses insurance. Contact your insurance broker.
If you are in danger the police will ensure your immediate physical protection. Physical protection is possible also for you as a witness if you are in danger as a consequence of statements you have made during the investigation and are willing to confirm your statement in court. In this case the public prosecutor or the investigating judge can send an application to the special Commission on Witness Protection when they deem protection measures are necessary.
If you are a victim of rape or sexual assault you will be protected against media coverage: the publication or spread of pictures, drawings and other materials that reveal your identity.
If you are a victim of domestic violence and you are afraid to return home the police will provide you (and your children) with a safe shelter.
You can also ask the police officer not to include your official details in the official report. Although the police are bound to give such details to the prosecution officer if requested.
In very threatening situations for you or a person related to you the investigating judge can grant you full or partial anonymity (the police does not have any authority in this matter) when certain conditions are met. You also have the right to ask for anonymity yourself. If the investigating judge rejects your request you cannot appeal against this decision.
Partial anonymity means that your identity will not be revealed in the official record of the interview of the hearing and is only possible if there is an investigation led either by an investigating judge or by the public prosecutor.
Full anonymity means that your identity will be kept secret during the whole criminal proceedings and is only possible if:
All employees of the police force and the judicial authorities are obliged to provide you with any necessary information and, where appropriate, to refer you to specialist services. There are various specialist services which offer assistance to victims. During and even after the criminal proceedings you can request the following services:
Access to all of these services is free of charge and completely voluntary.
If you are a victim of human trafficking various private specialist services can provide support. Coordination and cooperation between these services is provided by the Centre for Equal Opportunities and the Prevention of Racism (Centrum voor Gelijkheid van Kansen en voor Racismebestrijding/Centre pour l’Egalité des chances et la lutte contre le racisme ). You will also be eligible for a number of special arrangements on residence and work permits if you are granted protection as a victim of human trafficking2.
You can receive medical assistance, but you may be asked to pay for it unless you have valid health insurance (although you may include these costs in your claim for compensation). Citizens of the 27 EU Member States, Iceland, Liechtenstein, Norway and Switzerland can benefit from the European Health Insurance Card.
Mediation is possible at all stages of the criminal proceedings: at the police stage (mediation at police level); at the level of the municipalities (mediation in connection with administrative penalties); at the level of the public prosecution service, before a decision on prosecution is taken (mediation in criminal cases) and after the public prosecution service has decided to prosecute (restorative mediation). Restorative mediation is also possible during and after the application of the sentence.
Mediation is available for all types of crimes. The public prosecutor, the investigating judge and the trial judge must inform you of the possibilities for mediation. You can also request mediation yourself.
Mediation at police level (politionele schadebemiddeling/médiation policière) is offered in cases of petty offences (e.g. graffiti, minor thefts, and vandalism) in order to settle the property damage. This type of mediation is available in the police districts of Leuven, Mechelen and Brussels. Mediation takes place before the official report is sent to the public prosecution service. The public prosecutor is informed of the results of the mediation exercise, and if an agreement has been reached the case is usually closed.
Mediation in connection with administrative penalties3 provided before imposing an administrative penalty. It is mandatory when the offender is under 16 years of age. The mediation aims primarily at reimbursement of the damage caused and is carried out by local authority officials.
Mediation in criminal cases (bemiddeling in strafzaken/médiation pénale) may be proposed by the public prosecutor where he or she believes that the crime is punishable by a maximum of two years' imprisonment. This type of mediation takes place before a decision to prosecute the offender is taken, and is carried out by staff of the law centre. As a victim of an offence your main interest will be mediation aimed at reimbursement of your damage. The public prosecutor may propose one or more additional measures to be taken in respect of the offender (psychological treatment or therapy, training, or the provision of services). If an agreement is reached between the offender and the victim over reparation of damage, and if the offender has complied with any additional measures imposed, the prosecution will be dropped (which means that the public prosecutor will no longer be able to bring the case to court). If the offender does not comply with the conditions, the case may be referred to court. Mediation of this kind requires your cooperation, and if you do not agree to cooperate the case will be returned to the public prosecutor, who will take a fresh decision on whether or not to prosecute.
Restorative mediation (herstelbemiddeling/médiation réparatrice) runs separately from the criminal proceedings and does not replace them. The judicial authorities therefore remain responsible for any decision involving criminal prosecution, sentencing, and the application of sentences. This does not, however, prevent you from initiating mediation at any point in the proceedings, that is before the case comes to court, whilst the case is being dealt with by the court, or after the judge has given sentence. Anyone who is directly affected by a criminal case may request mediation. This means that not only can the victim or a offender request mediation, but also, for example, a partner, a family member or a relative. Restorative mediation is carried out by two non-governmental organisations, Suggnomè for the Flemish region and Médiante for the Walloon region of the country. They have local sections in each judicial district. An agreement reached as a result of restorative mediation is confidential and is transmitted to the court only with the consent of both parties. The court's judgment must make mention of the restorative mediation, but does not have to take account of the agreement reached.
Mediation is also available in juvenile cases, and restorative mediation is possible both at the level of the public prosecution service and at the level of the juvenile courts themselves. A group conference (herstelgericht groepsoverleg (hergo)/concertation restauratrice en groupe) can be ordered only by the juvenile court. The judge is expected to give priority to a mediation measure (as opposed to sentencing an offender who is a minor), and to inform the parties to the conflict of this possibility. If the restorative mediation exercise results in an agreement between the victim and the offender, the judge must as a rule approve this agreement . The judge is not allowed to change the content of the agreement, but can refuse to recognise the agreement if the content clearly entails some danger to public safety. Mediation and group conferences are organised by local non-governmental organisations active in the sector of juvenile assistance.
The decisions taken at the end of the investigation differ depending on whether it is a judicial investigation or a standard investigation.
In the standard investigation, the public prosecutor can decide to:
As an injured party or civil party to the criminal proceedings you will be informed of the public prosecutor's decision.
If a judicial investigation occurs the investigating judge must forward the file to the pre‑trial division of the court (raadkamer/chambre du conseil). The court hearings in the pre‑trial division are held in camera: the press and the public may not be present. You and your lawyer may be present, but your friends and family will not be allowed to attend. The pre‑trial division can decide to:
If the pre‑trial division decides to commit the suspect to a mental institution or to suspend judgment, its decision is deemed equivalent to the full judgment of a criminal court, and it will also rule on your civil claim for damages.
As an injured party or civil party to the criminal proceedings1, you will be informed of the date of the hearing. If your case is referred to the criminal court, you will also be informed of the date of the hearing.
You cannot appeal against a decision of the public prosecutor to close the case. Depending on the facts and the circumstances of the case, and the reasons for closing it, it may still be possible to claim damages in the criminal courts (apart from any proceedings before the civil courts):
You cannot summon the offender directly to court, nor lodge a complaint as a civil party to the criminal proceedings, if the offender is a minor.
As a civil party to criminal proceedings1, you can appeal against all decisions of the pre‑trial division, including any decision not to prosecute the defendant, before the indictment division of the court of appeal (Kamer van inbeschuldigingstelling/Chambre des mises en accusation). You cannot appeal against the decision of the indictment division, nor can you subsequently summon the offender to court yourself.
If a decision on damages is taken by the pre‑trial division (where the offender is committed to a mental institution or where judgment is suspended) you can appeal with regard to the damages awarded, but not against the criminal judgment. You have to appeal within fifteen days (or three days when the offender is in pre‑trial custody) at the registry office of the court. The indictment division of the court of appeal will then review your claim for damages.
If, for whatever reason, you did not take part in the criminal proceedings, you can choose to pursue a claim in the civil courts. This possibility is also open to you if the public prosecutor's office decides not to proceed with the criminal case. You bring the civil claim before the civil court by summoning the person who has caused the damage, unless all parties are willing to appear voluntarily. Where an insurer is involved (after a traffic accident, for example) you may also summon the insurer. Procedure in the civil courts differs fundamentally from criminal procedure. If you want to bring a claim in the civil court (burgerlijke rechtbank/tribunal civil) (for example if you were not involved in the criminal proceedings or if your case was closed), you must be prepared to prove that the wrongful act has been committed. If criminal proceedings are in progress the civil court has to suspend the proceedings before it pending the judgment of the criminal court. The civil court is bound by the findings in the criminal case. Bringing a claim before the civil courts will also incur costs.
If you are a foreigner who has suffered from a crime in Belgium you can benefit from all the rights explained above as well as some additional rights aimed to facilitate your participation in the procedure.
You have the right to ask for an interpreter free of charge when you do not speak the official language. It is also possible that you write your statement yourself (or that the police officer writes down your statement). If you are not in the country the public prosecutor or the investigating judge can interview you by videoconference or teleconference.
If you are an asylum seeker you can ask for the appointment of a lawyer free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
How can I be involved in the trial?
What are my rights as a witness?
I am a minor. Do I have additional rights?
How can I get protection, if I am in danger?
How can I claim damages from the offender or receive compensation from the state?
I am a foreigner. How are my rights and interests protected?
As a civil party (1) or a registered victim you will be notified by letter of the date your case will appear before a court. It is still possible for you to register yourself as a civil party during the trial until the closure of the debates and to claim compensation before the judge.
If you do not have a lawyer and you wish to present your civil claim during the hearing you have to:
In principle the trial is public and every person who is older then 14 years of age can attend the court hearings. So your friends, neighbours and family (as well as members of the press and public) are allowed to be present at the trial. Only in exceptional circumstances (e.g. sexual offences) will the hearings be non-public and civilians and the press will be banned from the courtroom. To attend these hearings you need to be a civil party. The final judgement of the case is always pronounced in public.
If you submit a claim for compensation (civil claim) you do have to prove the damage you suffered. Your civil claim will be assessed by the court. You need to prove the claim during the trial proceedings; thereupon the court will admit or reject the claim.
If you are a civil party you need to be present at the court hearings. If you want to avoid direct contact with the defendant your lawyer can represent you (there is however no possibility to refuse the presence of the defendant in the court room). The only time that you have to attend in person is when you are called as a witness.
You cannot discuss the case with the prosecutor and you cannot make a victim impact statement.
When you have given evidence as a witness during the criminal investigations you may not, or only very seldom, be questioned during the court hearings, except for the Assize Court (2).
When you are called in person and when you have been granted a protection measure and/or are not in the country you can be interviewed by videoconference or teleconference. If necessary, there is a possibility for voice alteration and concealment of your face.
If you are called to court as a witness you can request reimbursement for your travel and accommodation expenses. You can also get a half-day compensation for taking days off. You have to ask for this compensation yourself. The judge will grant you this compensation when pronouncing the judgment. These costs are paid by the state budget, but will have to be reimbursed by the defendant if found guilty.
If you are a minor you are protected against media coverage: the publication or spread of pictures, drawings and other materials that reveal your identity.
If an audiovisual recording of your interview has been done during the investigation your personal appearance is not required unless the court finds it necessary to establish the truth. In this case the court will ask you to attend and will explain the reasons thereof. You can ask the judge to hold a non-public hearing behind closed doors. The law expressly provides for this if you are a victim of a sexual crime like rape or sexual assault. The court may also hold a non-public hearing if it is necessary for protecting the interest of a minor or the private lives of the parties.
If you have brought a civil claim as a civil party to the criminal proceedings, you can choose to attend the session yourself or opt for legal representation.
For initial legal advice, you can consult the front-line legal assistance team (aide juridique de première ligne/juridische eerstelijnsbijstand), whose lawyers provide free advice at certain times on specific days and can refer you to specialist services where appropriate. Consultations are organised in court buildings, civil magistrates' courts, law centres, municipal administrations, and so on. Law centres (maisons de justice/justitiehuizen) can be found in any judicial district (contact details available in French or Dutch), or you can get in touch with a victim support service.
For detailed legal advice, assistance and representation, you need to enlist the services of a lawyer. Depending on your income, some or all of this assistance may be provided free of charge under second-line legal assistance arrangements. A number of categories of persons in specific situations, such as minors or persons with a mental disability, are always entitled to free legal representation.
If you want to apply for second-line assistance, you need to contact the Legal Aid Office (Bureau d'Aide Juridique/Bureau voor Juridische Bijstand) which is located in every court building. You will have to produce documentation showing either that you belong to one of the special categories or that you are on a low net income. The Office will decide within a fortnight whether to approve your application and send you the contact details of your assigned lawyer. It is also possible to ask a lawyer of your choosing whether he or she is willing to work under the second-line legal assistance arrangements. If the lawyer agrees to this, he or she will contact the Office on your behalf in order to seek approval for your application.
If your financial means are modest, under certain circumstances you can ask to be exempted from a number of procedural costs (e.g. bailiff's costs and the costs of copies from the book of evidence) under the legal aid arrangements. To benefit you need to submit a request to the Legal Aid Office of the criminal court handling the case. If you are already a civil party to the criminal proceedings (see below) you can submit this request, in writing or verbally, to the criminal court handling the case.
You are also advised to check your insurance policies closely to see whether you have legal expenses insurance. Contact your insurance broker.
During the court proceedings, you can be aided by the staff of a law centre or a victim support service.
When you are in danger and you have been granted partial or full anonymity by the investigation judge during the investigation stage, at the trial you can be interviewed by videoconference or teleconference. If necessary, there is a possibility for voice alteration and concealment of your face.
When you need to appear before the court as a witness and have not been interviewed during the investigation the judge can order that your identity must not be revealed in the official record of the hearing.
If you have suffered from sexual assault or rape you are protected against media coverage: the publication or spread of pictures, drawings or other materials that reveal your identity.
If the defendant is not taken into custody during the investigation and you feel concerned about possibility to stand face to face with the defendant while waiting for your case to be handled, you can contact a justice assistant. In some courthouses separate waiting rooms have been installed in order to give you the opportunity to avoid direct contact with the defendant.
If you want to seek financial compensation at the criminal trial, you need to bring a civil claim in the criminal proceedings. Your claim can list all kinds of damage suffered, such as physical injuries and related medical costs, moral damage, material damage (e.g. loss of earnings, the repeat of a study year, loss of employment and damage to vehicles or clothing), funeral expenses, etc.
If the offender is found guilty the criminal court will rule on your civil claim and find that you are entitled to damages. The court will then evaluate the content of the damages claim.
If, for whatever reason, you did not take part in the criminal proceedings, you can choose to pursue a claim in the civil courts. This possibility is also open to you if the public prosecutor's office decides not to proceed with the criminal case. You bring the civil claim before the civil court by summoning the person who has caused the damage, unless all parties are willing to appear voluntarily. Where an insurer is involved (after a traffic accident, for example) you may also summon the insurer. Procedure in the civil courts differs fundamentally from criminal procedure. For instance, you yourself must prove that the opposing party is liable for your damage, though you may do this by producing copies of evidence from the criminal case, even if the proceedings were discontinued. If criminal proceedings are in progress the civil court has to suspend the proceedings before it pending the judgment of the criminal court. The civil court is bound by the findings in the criminal case. Remember that launching a claim before the civil court also entails costs.
If the public prosecutor has moved for a criminal action to be dropped (amicable settlement or mediation in criminal cases), this is another way for you to obtain compensation from the offender. You can also obtain damages from the offender through mediation. For instance, in most cases you will receive damages if the public prosecutor proposes mediation in criminal cases or an amicable settlement to the offender.
It is not always possible to obtain damages from the offender (for instance, it may be that the offender cannot be identified or detained), or to recover compensation in full from an insurer. If you have been the victim of a premeditated violent crime, under certain circumstances you can obtain compensation from the State. For more information about possible compensation from the State, please consult the European Legal Network's information pages on compensation for victims in Belgium (available in French, Dutch, German and English and in other languages).
If the accused is found guilty, he or she must repay the costs of your civil action, which will include a share of your lawyer's fees. The court sets the relevant compensation figure when it gives its judgment in the case.
If the proceedings began because you summoned the accused directly or initiated criminal proceedings by lodging a criminal complaint with a civil claim, and the accused is then found not guilty, the court can order you to repay all or a specified proportion of the costs incurred by the State and by the accused.
You can ask for restorative mediation (médiation réparatrice/herstelbemiddeling) at any time during proceedings: before a case goes to court, while the court is handling it, and after the court has passed sentence. Restorative mediation runs separate from the criminal proceedings and does not replace them. The judicial authorities therefore remain responsible for any decision involving criminal prosecution, sentencing, and the application of sentences.
Restorative mediation is not performed by the State but by two non-profit associations, Suggnomè in Flanders and Médiante in Wallonia. They have local sections in each judicial district.
An agreement reached as a result of restorative mediation is confidential and is transmitted to the court only with the consent of both parties. The court's judgment must make mention of the restorative mediation, but does not have to take account of the agreement reached.
A judge of the juvenile court can deliver a judgment ordering restorative mediation or a group conference (concertation restauratrice en groupe/hergo).
If you as a civil party (1) or witness do not speak the official language of the region where the proceedings take place, an interpreter will be appointed. You cannot have your documents translated free of charge.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Can I appeal against a sentence or if the defendant is declared not guilty?
What rights do I have after the court sentence enters into force?
If you have entered a claim as a civil party to the criminal proceedings (partie civile/burgerlijke partij), you can appeal if the court dismisses your claim for damages or if you consider that the compensation awarded is too small. You cannot appeal if the defendant is found not guilty, or if you think the sentence imposed on the defendant is too mild. (The public prosecutor may appeal on those grounds.)
Make up your mind quickly, because in criminal cases any appeal usually has to be entered within 15 days. Appeals have to be submitted at the registry (greffe/griffie) of the court that delivered the contested judgment. You can obtain further information at the registry. If there is an appeal, the case will be considered afresh by a higher court. You will be given notice of times and places. The procedure on appeal is much the same as the procedure at the first trial. You do not have to register a second time as a civil party to the proceedings. But you cannot register as a civil party for the first time when the case has gone to appeal.
A full appeal, on points of fact and law (appel/hoger beroep), cannot be brought against the judgment of an assize court, but an appeal may be brought before the Court of Cassation on points of law only (pourvoi/voorziening).
A judgment delivered on a full appeal (appel/hoger beroep) is not open to a further full appeal.
A full appeal cannot be brought against the judgment of an assize court, but an appeal on points of law may be brought before the Court of Cassation.
The Court of Cassation will not examine the facts of the case: it merely considers whether there was any breach of proper procedure and whether the law has been wrongly applied or wrongly interpreted. The Court of Cassation can only uphold or quash the judgment. It cannot take further evidence or judge the case afresh. If it does quash the judgment, it refers it back for retrial by another court at the same level as the court that delivered the earlier judgement. The judgment of the Court of Cassation is not binding on the new court.
It is important to realise at the outset that as a victim you will not be informed of the court’s judgment automatically (unless you have entered a claim as a civil party to the criminal proceedings). If you or your lawyer were not present when the judgment was delivered in court, you need to contact the authorities yourself or ask the staff of the law centre (maison de justice/justitiehuis) to inform you.
As a victim you can under certain conditions ask to be informed or to be heard regarding the manner in which the sentence is to be served, for example regarding prison leave, limited detention, electronic surveillance, provisional release with a view to deportation or surrender to another country, or conditional release.
If your civil claim is successful, you can under certain conditions ask to be informed or to be heard if the condemned person is granted any special arrangement for the service of the sentence.
Otherwise you can ask to be recognised as a victim by applying to the court for the application of sentences (tribunal d’application des peines/strafuitvoeringsrechtbank). Your request will be accepted if the court decides that you have a legitimate interest.
Under certain conditions you have the following rights as a victim:
Examples
If you want to exercise any of these rights you must fill in a victim statement form, and hand it in or send it to the registry of the court for the application of sentences or to a justice centre.
At the hearings of the court for the application of sentences you can always be assisted or represented by a lawyer. You can also ask for help from one of the officially recognised victim support organisations, or by a victim support service or the victim reception offices at the court, for example when you are going to attend a court hearing
You can obtain more information from the law centre, from victim reception offices or from your lawyer.
During and after the application of the sentence, whether the offender is serving the sentence in prison or outside it, you can always have recourse to mediation.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
Federal Public Service Justice
The Commission for Financial Aid for Victims of Deliberate Acts of Violence
Federation of Services for Help to Parties in Proceedings
Sozial-Psychologischen Zentrum (SPZ)
Federation of SOS Children's Services
The Local and federal police are under the competence of the Ministry of Interior. The local police are responsible for the basic police duties and operate within the ‘community policing’ philosophy. The federal police are responsible for specialised police tasks.
The Local and federal police
CONTACTS :
Website: http://www.ibz.fgov.be/
The Federal Public Service for Justice hosts several departments and committees that look after the interests of victims, including the Directorate‑General for Legislation, Fundamental Rights and Freedoms and the Directorate‑General for Law Centres.
The Directorate‑General for Legislation, Fundamental Rights and Freedoms
The Directorate‑General for Justice Centres
CONTACTS:
Federal Public Service for Justice: website: https://justitie.belgium.be
For the contact details of the law centres click here.
The Commission for Financial Aid for Victims of Deliberate Acts of Violence, which has been established by the 1 August 1985 Act, has as core mission to provide State compensation for victims of crime, i.e. financial compensation.
The Commission for Financial Aid for Victims of Deliberate Acts of Violence
CONTACTS:
Website: https://justice.belgium.be
In Flanders and Brussels there are 11 General Welfare Centres (Centra Algemeen Welzijnswerk — CAWs), each of which has a department that assists crime victims.
The Centres
CONTACTS:
Websitehttps://www.caw.be
For the contact details of all the 25 CAW’s click here.
The Federation of Services for Help to Parties in Proceedings is an organisation operating in the French-speaking part of the country which does not only offer assistance to victims of crime, it also offers assistance to e.g. prisoners and released prisoners.
Federation of Services for Help to Parties in Proceedings
CONTACTS:
Website: http://www.ulb.ac.be/
For the contact details of the local divisions of Federation of Services for Help to Parties in Proceedings click here.
The SPZ is an organisation operating in the German-speaking part of the country, which offers assistance to victims of crime.
The Sozial-Psychologisches Zentrum (SPZ)
CONTACTS:
Website: http://www.ulb.ac.be/
Child Trust Centres are specialized centres, set up by the Flemish government, which have their own way of working aimed at the child’s safety and wellness.
The Child Trust Centres
CONTACTS:
Website: http://www.kindinnood.org/
For the contact details of the other Child Trust Centres click here.
The Federation of SOS Children's Services is operating in the French-speaking part of the country and provides assistance for victims of child abuse.
The Federation of SOS Children's Services teams
CONTACTS:
Website: http://www.federationsosenfants.be/
The JHD are operating in the German-speaking part of Belgium and they provide specialised assistance for minor victims of crime.
The Jugendhilfedienst (JHD)
CONTACTS:
Website: https://ostbelgienlive.be/desktopdefault.aspx/tabid-6204/10670_read-3830/
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.