The complaint with civil party status in Belgium is a legal tool that allows a victim of a criminal offence to directly trigger a judicial investigation. This procedure is designed to guarantee the victim’s rights while facilitating access to justice and compensation for the harm suffered.
In this article, we explain in detail the complaint with civil party status: the conditions required to use it, the procedure to follow, and the main advantages of this legal action for the victim.
What is the purpose of a complaint with civil party status in Belgium?
The complaint with civil party status in Belgium is a legal avenue that allows a victim of an offence (theft, fraud, assault, etc.) to bring the case directly before an investigating judge, while also claiming compensation for the damage suffered.
Unlike a simple complaint filed with the police or forwarded to the public prosecutor, this procedure makes it possible to overcome a potential lack of action by the prosecution. It offers the victim the opportunity to formally become a civil party and assert their right to reparation—whether for material, moral, or physical damage.
Except in cases of manifest inadmissibility (abusive complaint, statute-barred offence, etc.), the investigating judge is obliged to open an inquiry. He or she may only refuse to do so in situations strictly defined by law. In a context where many standard complaints are dismissed—often due to limited resources—filing a complaint with civil party status in Belgium is an effective lever to initiate criminal proceedings and compel the opening of an investigation.
What are the conditions for filing a complaint with civil party status?
Belgian law sets out several strict conditions for such a complaint to be admissible. Here are the main requirements:
A personal, direct, and current harm
First and foremost, the person filing the complaint must demonstrate a personal harm that is directly linked to the alleged offence. This harm may be:
- Material (financial loss, property damage),
- Physical (injury, lasting bodily harm), or
- Moral (anxiety, psychological distress, damage to reputation, etc.).
📍 Example: A victim of online fraud who has lost a sum of money can validly become a civil party if there is sufficient evidence to open an investigation.
A judicial deposit to be paid (financial guarantee)
In addition, the victim must pay a judicial deposit—a sum of money determined by the investigating judge. This is intended to deter abusive complaints. The amount is generally modest (around 250 EUR), but it may vary depending on the nature of the alleged facts and the complainant’s status (individual or legal entity).
A complaint submitted to the competent investigating judge
Finally, the complaint must be submitted to the investigating judge with territorial jurisdiction—that is, the judge of the place where the offence was committed or discovered, or the judge of the victim’s place of residence. In practice, the complaint is filed via the registry of the Court of First Instance, investigating section.
The complaint must include a detailed description of the facts, the full identity of the complainant, and an explicit declaration of becoming a civil party.
Summary of the advantages of filing a complaint with civil party status in Belgium
| ✅ Advantage | 💬 Description |
|---|---|
| Independence from the public prosecutor | The victim initiates proceedings without relying on the public prosecution. |
| Recognition of victim status | Being a civil party gives formal legal recognition to the victim (individual or entity). |
| Access to the criminal file | Enables consultation of evidence, monitoring of the investigation, and requests for further inquiry. |
| Right to compensation | Allows the victim to claim financial compensation if the offender is convicted. |
| Reactivation of a dismissed case | Offers a new avenue if the initial complaint was closed without follow-up. |
How to file a complaint with civil party status in Belgium? Step-by-step guide
To ensure that the procedure is effective, it is essential to follow certain steps. Below is a practical step-by-step guide, as implemented by our law firm:
1. Drafting the complaint: the first step
The first step consists of preparing a clear and well-argued complaint. It must contain:
- A detailed description of the facts (dates, places, people involved, circumstances);
- The available evidence or indications (screenshots, email exchanges, witness statements, medical reports, etc.);
- A clear demonstration of the personal harm suffered (moral, material, or physical) directly related to the reported facts.
🔍 Strategic tip: Drafting this complaint requires precision. We strongly recommend seeking the assistance of an experienced lawyer to ensure legal admissibility and avoid rejection due to formal defects or insufficient evidence.
2. Filing the complaint at the court registry
The complaint must then be submitted directly to the competent investigating judge. It must be signed, dated, and accompanied by all relevant supporting documents. In practice, the court clerk receives the file and ensures its transmission to the judge.
3. Payment of the judicial deposit: an essential formality
After the filing, the judge sets an amount known as a judicial deposit, which the complainant must pay within a specified timeframe. This financial guarantee, usually between 250 EUR and 1.000 EUR, is intended to deter frivolous or malicious complaints.
💡 Good to know: If the complaint is deemed well-founded, the deposit can be fully refunded. The amount depends on the nature of the offence, the complexity of the case, and the status of the complainant.
4. Opening of the judicial investigation: launching the inquiry
If the complaint is admissible, the investigating judge is obliged to open an investigation. This phase marks the start of a thorough criminal inquiry conducted under the judge’s authority. The investigation may include:
- Hearing the parties involved: complainant, suspect(s), witnesses;
- Ordering searches, document seizures, IT forensics, or confrontations between parties;
- Mandating expert assessments (medical, psychological, technical, or financial) necessary to establish the facts;
- Collecting both inculpatory and exculpatory evidence to determine whether to proceed with prosecution or dismiss the case;
- Collaborating with the public prosecutor, the federal judicial police, Europol, Interpol, or foreign judicial authorities in cross-border cases.
📌 Good to know: The investigation is conducted in an adversarial and impartial manner. It may last several months depending on the complexity of the facts, the number of parties involved, and the nature of the offence (e.g. financial fraud, cryptocurrency scams, breach of trust). It is a crucial stage in the procedure.
5. Right to monitor and participate in the investigation: an active role for the victim
By becoming a civil party, the victim obtains a strong procedural status. They may:
- Access the criminal file, depending on the stage of the investigation;
- Be informed of major developments (charges, restrictive measures, etc.);
- Request additional investigative acts (new hearings, confrontations, etc.);
- Be heard as a civil party at various points throughout the procedure.
✅ Benefit for the victim: This status allows the victim to play an active role in the pursuit of justice and not remain a passive observer.
Legal entities can also file a complaint with civil party constitution
The right to become a civil party in Belgium is not limited to individuals. Legal entities — such as companies, associations, trade unions, foundations, or public authorities — may also file a complaint with civil party constitution if they can demonstrate a direct, personal, and certain harm resulting from a criminal offense.
This type of complaint is particularly relevant in cases of:
- Fraud, breach of trust, or theft affecting the entity’s assets;
- Defamation, damage to reputation, or infringement on brand image;
- Counterfeiting, unfair competition, or misappropriation of trade secrets;
- Or environmental damage, in the case of approved associations.
In such cases, the complaint must be signed by the legal representative of the entity (e.g., the association’s president or the company’s manager), who acts on behalf of the legal person. The complaint must include concrete evidence showing how the offense directly harmed the entity (e.g., accounting records, documentation of commercial losses, statements, or testimonies).
In summary, the complaint with civil party status in Belgium is a legal tool, available to both individuals and legal entities seeking redress. To learn more, consult our practical guide on how to deal with scams and recover your assets.
Examples and real success cases handled by our firm
Cryptocurrency investment scam via a fake platform
One of our clients, a corporate executive, was the victim of a cryptocurrency scam through an online platform that falsely promised guaranteed returns in Bitcoin and Ethereum. After making several transfers to a crypto wallet, the site vanished. The public prosecutor closed the case, citing the alleged perpetrators’ inaccessibility.
Thanks to a complaint with civil party status in Belgium, the investigating judge requested cooperation with Europol. Investigators were able to trace the IP address, the location of the platform, and the destination wallet, and proceed with recovery of the funds.
To learn more, consult our guide on cryptocurrencies in Europe and our guide on crypto-asset scams and recovery solutions.
Credit card fraud and phishing scam
A retired woman was the victim of a sophisticated bank phishing attack: she received a fake message pretending to be her bank, asking her to “secure her account.” She mistakenly provided her access codes, leading to fraudulent withdrawals totalling €48,200. Her bank refused reimbursement. Thanks to a well-argued complaint with civil party status, an investigation was opened, the recipient of the transfers was identified, and a compensation claim was accepted.
For more information, consult our detailed guide on online scams and recovery.
Environmental offense in a protected area
A citizen collective in Wallonia mandated our firm after discovering illegal dumping of chemical substances in a Natura 2000 protected area. Despite several administrative reports, no criminal prosecution had been initiated.
Our firm filed a complaint with civil party status in Belgium on behalf of the non-profit association (ASBL), allowing the judge to order an environmental analysis and hold the company accountable.
Identity theft and VAT fraud
An entrepreneur discovered that a fake company had been created in his name using forged identity documents stolen online. The company had imported goods exempt from VAT, triggering an unjustified tax audit against him.
Thanks to a complaint with civil party status in Belgium, the investigating judge opened a criminal investigation and identified the criminal network responsible for the identity theft.
Frequently Asked Questions (FAQ)
What is the difference between a simple complaint and a complaint with civil party status?
A simple complaint is submitted to the police or the public prosecutor, who decides freely whether or not to prosecute. It can be closed without further action.
In contrast, a complaint with civil party status in Belgium gives the victim direct legal power: it is addressed to an investigating judge, who is obliged to open an investigation, unless the complaint is manifestly inadmissible.
Are proofs required to file a complaint with constitution of civil party status in Belgium?
Yes, the victim must provide concrete elements showing the existence of the offence and its link to their personal harm. The goal is not to prove guilt, but to provide serious initial evidence: witness statements, screenshots, medical certificates, email exchanges, etc.
What does the investigating judge do after receiving the complaint in Belgium?
If the complaint is deemed admissible, the investigating judge opens a formal criminal investigation: they can interrogate witnesses, conduct searches, order expert assessments, or summon the alleged offender. In some cases, they may also issue an arrest warrant.
Can I file this complaint against an unidentified person?
Yes. It is possible to file a complaint against X when the victim does not know the identity of the perpetrator. This allows the investigating judge to conduct an investigation to identify the person(s) responsible based on the available evidence.
Can a company become a civil party?
Absolutely. A legal entity, such as a company, a non-profit organization (ASBL), or a public authority, can file a complaint with constitution of civil party status in Belgium if it has suffered direct harm from a criminal offence (theft, fraud, defamation, cyber sabotage, etc.).
Can this complaint be combined with a civil compensation claim?
Yes. By becoming a civil party in criminal proceedings, the victim can seek full compensation for their damage without initiating a separate civil lawsuit. If the court finds the offender guilty, it can also order them to pay damages to the victim.
Why seek assistance from a lawyer when filing a complaint with constitution of civil party?
Filing a complaint with civil party status in Belgium is technically complex. A simple procedural error or a formal defect can lead to the inadmissibility of the complaint, or even an outright dismissal by the investigating judge. Moreover, misqualification of the facts or a poorly established link between the offence and the damage suffered can significantly weaken the case.
At Arthur & Marin, we offer comprehensive and tailored support at every stage:
- Thorough legal analysis of your case: we assess the admissibility of your complaint, the legal classification of the offences (violence, fraud, harassment, etc.), and the available evidence.
- Strategic and personalised drafting of the complaint: we ensure the facts are presented clearly, chronologically, and with solid legal grounding, while justifying the harm you suffered.
- Formal submission to the competent investigating judge: we handle the formalities before the court registry, ensuring full compliance with legal requirements.
- Monitoring of the investigation and intervention during the inquiry: we follow the progress of the investigation, request additional investigative measures, etc.
- Compensation claims and representation at the hearing: we represent you in court to obtain a conviction of the offender and full compensation for your damage.
Contact us at info@arthurmarin.com or call +32 465 345 345 for a confidential consultation, which will increase your chances of success and ensure you are professionally supported throughout the entire process.
💡 An early consultation can make all the difference in the success of your case.
