{"id":19586,"date":"2026-11-10T16:22:15","date_gmt":"2026-11-10T15:22:15","guid":{"rendered":"https:\/\/www.peterfreundlaw.be\/?p=19586"},"modified":"2026-11-10T16:25:35","modified_gmt":"2026-11-10T15:25:35","slug":"criminal-court-belgium","status":"publish","type":"post","link":"https:\/\/www.peterfreundlaw.be\/en\/criminal-court-belgium\/","title":{"rendered":"Criminal court in Belgium: how your case is heard"},"content":{"rendered":"

The criminal court in Belgium (correctionele rechtbank) hears all criminal offences that do not go to the assize court or the police court. At the hearing, the prosecutor sets out the charges, then your lawyer pleads. You always have the last word. The judgment follows at that hearing or a later one (art. 190 Sv).<\/p>\n

Have you just received a summons (dagvaarding)? Then talk to a lawyer about the time you have to prepare. This page starts at the courtroom door.<\/p>\n

Who is in the room at the criminal court in Belgium<\/h2>\n

In the courtroom sit one or three judges, the court clerk, the public prosecutor, and you with your lawyer. Sometimes a civil party and an interpreter are there too.<\/p>\n

\n\n\n\n\n\n\n\n\n\n\n\n
Who<\/th>\nRole at the hearing<\/th>\n<\/tr>\n<\/thead>\n
Judge (rechter), or a chamber of three judges<\/td>\nLeads the hearing, asks questions, decides on guilt, sentence and damages<\/td>\n<\/tr>\n
Court clerk (griffier)<\/td>\nRecords the hearing and the statements, keeps the case file<\/td>\n<\/tr>\n
Public prosecutor (openbaar ministerie: the procureur des Konings or a deputy)<\/td>\nProsecutes and asks for a sentence: the closing demand (vordering or requisitoir)<\/td>\n<\/tr>\n
Defendant (beklaagde)<\/td>\nThe person being prosecuted; may speak and may remain silent<\/td>\n<\/tr>\n
Defence lawyer (advocaat)<\/td>\nPuts forward the defence and can represent you<\/td>\n<\/tr>\n
Civil party (burgerlijke partij)<\/td>\nThe victim who claims damages, often with a lawyer<\/td>\n<\/tr>\n
Interpreter (tolk)<\/td>\nTranslates if you do not understand the language of the court<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Hearings are public in principle. In cases about sexual offences, the court can sit behind closed doors.<\/p>\n

In Antwerp, the criminal court sits in the courthouse (justitiepaleis) on Bolivarplaats.<\/p>\n

How the hearing goes, in six steps<\/h2>\n

A criminal case is usually heard in two rounds: first an introductory hearing, later a hearing where the lawyers plead.<\/p>\n

Step 1: the introductory hearing<\/h3>\n

At the first hearing, the judge calls your case. Often no one pleads yet.<\/p>\n

The court sets dates for the written submissions of the parties (conclusies) and fixes the date for the pleadings.<\/p>\n

Your lawyer can also ask for more time at that hearing, for example to read the case file.<\/p>\n

Step 2: your case is called<\/h3>\n

On the day of the pleadings, you wait in the courtroom until your case comes up. Several cases are often listed for the same session.<\/p>\n

The judge first checks who you are and whether you have a lawyer.<\/p>\n

Step 3: the facts and your statement<\/h3>\n

The judge summarises the charges (tenlasteleggingen) and may ask you questions.<\/p>\n

You may answer, but you do not have to incriminate yourself. Remaining silent is a right.<\/p>\n

The hearing in Antwerp takes place in Dutch. If you do not understand Dutch, you can ask for an interpreter.<\/p>\n

Step 4: the civil party<\/h3>\n

A victim can join the case as a civil party up to the end of the hearing. A simple statement at the hearing is enough.<\/p>\n

Their lawyer then explains what damage the victim claims.<\/p>\n

Step 5: the prosecutor’s closing demand<\/h3>\n

The public prosecutor says which facts are proven and which sentence they ask for. In Dutch this is the vordering or requisitoir.<\/p>\n

The judge is not bound by what the prosecutor asks.<\/p>\n

Step 6: your lawyer pleads and you have the last word<\/h3>\n

Your lawyer presents the defence. That can be a challenge to the facts, a procedural error or arguments for a milder sentence.<\/p>\n

Then you may still say something. The last word always belongs to the defendant.<\/p>\n

After the hearing, the judge takes the case under deliberation (in beraad). The judge then announces the date of the judgment.<\/p>\n

Some cases do not go through a full hearing at all. Read how the prior admission of guilt<\/a> works in Belgium.<\/p>\n

How long until the judgment?<\/h2>\n

The judgment is given at the hearing itself or, at the latest, at the next hearing after the debates close (art. 190 Sv).<\/p>\n

The judge announces that date when closing the debates.<\/p>\n

The judgment (vonnis) is read out in a public hearing. You do not have to be there.<\/p>\n

The judgment can go several ways:<\/p>\n

    \n
  • acquittal (vrijspraak), if the facts are not proven;<\/li>\n
  • suspension of the pronouncement (opschorting): you are found guilty, but no sentence is imposed;<\/li>\n
  • a sentence, with or without a suspended part (uitstel);<\/li>\n
  • a decision on damages for the civil party.<\/li>\n<\/ul>\n

    A conviction goes on your criminal record (strafregister).<\/p>\n

    How to have a conviction removed later is explained in our article on erasure and rehabilitation<\/a>.<\/p>\n

    Not attending: judgment by default and objection<\/h2>\n

    If you do not attend and no lawyer represents you, the court can convict you by default (bij verstek).<\/p>\n

    In most cases your lawyer can represent you. The court can still order you to appear in person.<\/p>\n

    Objection to a judgment by default<\/h3>\n

    Against a judgment by default you can lodge an objection (verzet) within fifteen days after it was formally served on you (betekening).<\/p>\n

    The case then returns to the same court.<\/p>\n

    If you knew about the summons, you must give force majeure or a lawful excuse for your absence. Otherwise the objection is treated as void (art. 187 \u00a76 Sv).<\/p>\n

    If you fail to appear again after your objection, no new objection is possible.<\/p>\n

    If you disagree with a judgment given after both sides were heard (vonnis op tegenspraak), an appeal is the route.<\/p>\n

    Which law applies?<\/strong> The procedure follows the Belgian Code of Criminal Procedure (Wetboek van strafvordering), and since 1 September 2026 the penalties follow the new Criminal Code (Strafwetboek).<\/p>\n

    Frequently asked questions<\/h2>\n

    What is the correctionele rechtbank?<\/h3>\n

    The correctionele rechtbank is the criminal division of the court of first instance (rechtbank van eerste aanleg). It rules on all criminal offences that do not go to the assize court or the police court (art. 179 Sv), such as theft or drug offences.<\/p>\n

    Do I have to attend the criminal court in person?<\/h3>\n

    Usually not: a lawyer can represent you. Still, it is often wise to attend. Discuss this with your lawyer beforehand, especially if you live abroad.<\/p>\n

    What happens if I arrive late for the hearing?<\/h3>\n

    Report to the court clerk or the usher (bode) of the courtroom when you arrive. If your case has already been heard, a judgment by default may follow.<\/p>\n

    When does the time limit for an appeal start?<\/h3>\n

    For a judgment given after both sides were heard, the thirty-day term runs from the day the judgment is read out. That applies even if you were not there.<\/p>\n

    Prepare your hearing with us<\/h2>\n

    A hearing is shorter than most people expect. What you say and what your lawyer puts forward both weigh in the judgment.<\/p>\n

    A good defence starts from the full case file. The hearing is in Dutch; an interpreter can translate for you. Read more about our work as a criminal lawyer in Antwerp<\/a>.<\/p>\n

    Call our office on working days on +32 476 22 04 02, or send us a message through the contact form<\/a>.<\/p>\n