Criminal lawyer fees in Belgium depend on the work your case requires. The fee (ereloon) is calculated per hour, as a fixed amount per stage, or a combination, set out in a fee agreement. Office costs and court costs come on top. A legal expenses insurance policy may cover part of it.
How a lawyer calculates the fee
According to the European e-Justice Portal, a lawyer must explain how the fee is calculated, for example per hour or per service.
| Method | How it works | Good to know |
|---|---|---|
| Hourly rate | You pay the hours the lawyer spends on your file | Ask for a regular statement of the hours worked |
| Fixed amount per stage | An agreed amount per stage, for example per hearing | You know in advance what a stage costs |
| Combination | A fixed amount for one part, an hourly rate for the rest | Common for files that are hard to estimate |
| Fee based on the result | A fee that depends only on the outcome is not allowed | An additional result-based fee is sometimes possible if agreed in advance |
The rates and terms of our own office are on our page about fees and costs at Peterfreund & Associates.
Costs on top of the fee
On top of the fee you pay office costs and court costs. The fee and the costs are subject to VAT.
- Office costs: opening the file, letters and emails, copies and travel.
- Court costs and expenses: amounts the lawyer advances on your behalf to third parties, such as a bailiff (gerechtsdeurwaarder), the court registry or a translator.
- Advance (provisie): a payment on account before or during the case. It is deducted from the final invoice.
If you are convicted, the judge can also order you to pay the court costs of the proceedings.
What drives criminal lawyer fees in Belgium
The cost depends mainly on the stage at which you instruct us and on the size of the file.
A criminal case can go through several stages. Not every case goes through all of them:
- assistance and advice around a police interview;
- the judicial investigation, with access to the file and any requests to the investigating judge (onderzoeksrechter);
- the settlement of the proceedings before the council chamber (raadkamer);
- the hearing before the criminal court (correctionele rechtbank) or the police court (politierechtbank);
- an appeal, and sometimes cassation.
A thick file with many witnesses needs more reading than a simple traffic case before the police court. See our page for a traffic lawyer in Antwerp.
A civil party or an interpreter also makes a case heavier.
Proceedings in Flanders are in Dutch.
How the fee agreement works
A good fee agreement sets out in advance how you will pay, so there are no surprises later.
Step 1: the first meeting
You explain your situation and the lawyer says which stages to expect.
Ask straight away in that meeting how the lawyer charges.
Step 2: the fee agreement in writing
Have the agreement put in writing: the method, the rate, the costs and when you pay.
Step 3: the advance
The lawyer often asks for an advance before starting. That payment is settled later.
Step 4: the statement of costs and fees
At the end, or along the way, you receive a detailed statement.
If you disagree with it, tell your lawyer quickly and in writing. The fee agreement says within which term you must do so.
Does your legal expenses insurance pay?
Sometimes: check your policy to see whether criminal defence is covered, for which facts and up to which amount.
Check whether your car, home or family liability insurance has a legal expenses section (rechtsbijstandsverzekering), or whether you have a separate policy.
Read in your policy whether intentional offences are excluded and whether cover only applies after an acquittal.
If you are covered and it comes to judicial proceedings, you choose your own lawyer. The insurer cannot then impose a lawyer on you (art. 156 of the Insurance Act of 4 April 2014).
Report the case to your insurer as soon as possible and ask in writing what is covered. If your insurance is from your home country or your employer, ask whether it covers proceedings in Belgium.
The procedural indemnity: who pays whom
The procedural indemnity (rechtsplegingsvergoeding) is a fixed contribution to the legal costs of the winning party.
In criminal cases it only applies between the defendant and the civil party.
- If you are convicted, you pay the procedural indemnity to the civil party.
- If a civil party brought you before the court directly and you are acquitted, the civil party may have to pay you that indemnity.
If only the public prosecutor prosecutes and you are acquitted, you as a rule receive no procedural indemnity from the State.
Legal aid (pro deo)
Our office does not work with second-line legal aid (juridische tweedelijnsbijstand, often called pro deo).
If you are entitled to it, you can turn to the Legal Aid Office (Bureau voor Juridische Bijstand) of the bar.
Whether you qualify depends on your income and your situation. The office assigns you a lawyer who takes part in the system.
According to the e-Justice Portal, you do not qualify for a legal aid lawyer if a legal expenses insurance already covers your case.
Which law applies? Belgian law sets no amounts for a lawyer’s fee; the lawyer must explain in advance how the fee is calculated.
Frequently asked questions
How much does a lawyer for the police court cost?
There too, the cost depends on the work. A simple case with one hearing takes less than an accident with injuries and a civil party.
Ask for an estimate at the first meeting.
Do I have to pay in advance?
A lawyer often asks for an advance before starting work on the file. It is settled in the final invoice.
Can I pay in instalments?
That depends on the agreement with your lawyer. Raise it at the start, not only at the final invoice.
Does the other side pay my lawyer if I am acquitted?
Only in certain cases, through the procedural indemnity. It is a fixed amount and usually does not cover all costs.
Ask for a clear agreement before you start
A criminal case is hard enough without uncertainty about the cost.
So ask at the first contact how the lawyer charges and which stages they expect. Read more about our work as a criminal lawyer in Antwerp.
Call our office on working days on +32 476 22 04 02, or send us a message through the contact form.
