Hit-and-run defence Belgium: acquittal or lesser offence?

If you have received a summons (citation) for hit-and-run (délit de fuite), you may think the outcome is already decided. It is not that simple. The defence in a hit-and-run case turns on one question: can the public prosecutor (parquet) prove every element of the offence? If the prosecution fails on even one element, the result is an acquittal or a much lighter charge.

Below we go through those elements, as well as the defences that the case law accepts or rejects. What hit-and-run is, the penalties involved and what you must do after an accident are explained in our overview of hit-and-run in Belgium.

What must the public prosecutor prove in a hit-and-run case?

Hit-and-run is set out in Article 33 of the Road Traffic Act (loi relative à la police de la circulation routière). The burden of proof lies with the prosecution service (the public prosecutor). You do not have to prove your innocence. The prosecutor must establish five elements:

Element	What it means
An accident	An unforeseen event causing damage, however slight
Damage to someone else	Not only to the driver himself or herself
A public place	The public road or a place accessible to the public
Knowledge	You knew that your vehicle was involved in the accident
Intention to flee	You left in order to avoid the findings being made

If you put forward a concrete fact that casts doubt on one of these elements, the prosecutor must refute it. A bare assertion is not enough. Reasonable doubt works in your favour.

Defence 1: you did not know there had been an accident

This defence only works if it is credible.

Felt and heard nothing. The Brussels police court acquitted a driver on 17 April 2018. It concerned a light contact on a bend, without any impact. A cyclist had heard it, but nothing indicated that the driver could have noticed it inside his car.
Got out and saw no damage. The Liège court ruled on 17 March 2015 that someone who gets out after reversing, looks and sees no damage is not fleeing in order to avoid the findings.
Medication. The Bruges criminal court acquitted on 26 April 2019 a driver who was under the influence of prescribed medication and remembered nothing at his police interview. This is exceptional. See also driving on medication.

Be careful: it is enough that you knew you were involved in a collision, even without knowing the extent of the damage. If someone tells you later, for example a witness, you must still go back to the scene.

Defence 2: you had no intention to flee

Hit-and-run requires a specific intent: you wanted to prevent the police or the other party from making the necessary findings. This includes findings about your own condition, such as a breath test.

Someone who moves away briefly to fetch help or to leave a dangerous spot, and who leaves his or her contact details, does not have that intention.

Shock or panic is no excuse

The Court of Cassation was clear on 31 January 2024 (P.23.1048.F). A driver knocked down a pedestrian, stopped for a moment, saw the victim on the ground and still drove off, in a state of shock according to her. The Court accepted that the judge did not treat that shock as a justification: she had stopped for a moment herself, so her free will had not been taken away.

Shock can, however, be taken into account when setting the penalty.

Defence 3: there was no punishable accident

No damage to anyone else. The Court of Cassation ruled on 12 May 2020 (P.20.0067.N) that the damage must be suffered by a third party. Someone who only damages his or her own car and drives on does not commit hit-and-run.
A deliberate collision. According to the Court of Cassation (28 October 2014, P.13.1917.N), an accident is an unintended event. Someone who deliberately drives into another person is prosecuted for other offences.
A failed getaway. Attempted hit-and-run is not punishable (Cass. 29 March 2017, P.17.0044.F). Someone who wants to leave but stays at the scene, for example because of a breakdown, does not commit hit-and-run.
No public place. An accident on genuinely private land falls outside Article 33, but a customer car park is a public place. See parking damage and hit-and-run.

Defence 4: you were not the driver

If the police only know the number plate, the number plate holder is presumed to have been driving. You can rebut this presumption, but you must then say who was driving. How this works is explained in our article on identifying the driver.

Camera footage

Camera footage is often decisive. Always ask to see the footage in the file. The Liège court set aside on 28 October 2019 the testimony of people who had viewed footage without the Camera Act allowing it. The doubt benefited the defendant.

Staying at the scene is not always enough

Fleeing does not require physically leaving. The Court of Cassation has ruled several times that someone who stays at the scene but hides the fact that he or she was the driver still commits hit-and-run (8 April 2014, P.13.1610.N; 22 February 2022, P.21.1612.N). The same applies to someone who hides that he or she was driving when the police arrive (5 April 2017, P.16.1334.F).

According to the Court, this is not an obligation to incriminate yourself. You only have to make yourself known as the driver; about how the accident happened, you may remain silent. Older case law did not see fleeing in mere silence when nobody asked you anything. Do not rely on that: say that you were driving, and leave the rest for the interview with a lawyer. See our article on your rights at a police interview.

Fallback: reclassification as an offence under Article 52 of the Highway Code

If the public prosecutor cannot prove the intention to flee, there often remains an offence under Article 52 of the Highway Code. That article sets out what you must do after an accident: stay at the scene, or give your details, or inform the police.

The Brussels criminal court applied this on 16 May 2023. As the intention was not proven, it reclassified the hit-and-run as an offence under Article 52. The difference is significant:

	Hit-and-run (Art. 33 of the Act)	Article 52 of the Highway Code
Seriousness	Serious traffic offence	First-degree offence
Penalty	Level 1, 2 or 3	Much lighter
Driving ban	Possible or compulsory	In principle not
Repeat offence	Counts, including cross-recidivism	No specific repeat-offence rule

In an accident with injuries, this reclassification is much harder to obtain.

The penalty

If the hit-and-run is proven, the judge takes into account, among other things, the damage, whether you came forward of your own accord and the reason for leaving. The judge may only punish the facts for which you were summoned, so not alcohol consumption for which you are not being prosecuted.

Frequently asked questions

Can I be acquitted of hit-and-run?

Yes. The public prosecutor must prove all the elements: an accident causing damage to someone else, in a public place, your knowledge of the accident and your intention to flee. If even one element is missing, the result is an acquittal or a lighter charge. Acquittals happen mainly when the contact was slight and impossible to notice, or when the driver got out of the vehicle and saw no damage.

Is panic a valid reason to drive on?

No, as a general rule. The Court of Cassation accepted on 31 January 2024 that shock did not justify the departure of a driver who had stopped for a moment before driving off. Panic can, however, affect the penalty. A genuine medical emergency or a threat of violence can, on the other hand, remove the intention to flee, especially if you come forward quickly.

Do I commit hit-and-run if I stay at the scene but say nothing?

It is possible. Someone who stays at the scene but hides or denies being the driver still commits hit-and-run, according to the Court of Cassation. You must make yourself known as the driver. You do not, however, have to make any statement about how the accident happened. So say that you were driving, and ask for a lawyer for the interview.

What is reclassification as an offence under Article 52 of the Highway Code?

Reclassification means that the judge gives the facts a different, correct legal classification. If the intention to flee is not proven, the judge can reduce the hit-and-run to an offence under Article 52 of the Highway Code: not staying at the scene or not giving your details. That is a first-degree offence, with a much lighter penalty and in principle no driving ban.

Is attempted hit-and-run punishable?

No. The Court of Cassation confirmed on 29 March 2017 that attempted hit-and-run is not punishable. Someone who wanted to leave but did not manage to, for example because of a breakdown, cannot be convicted of hit-and-run. He or she can, however, be prosecuted for the accident itself.

Have your case reviewed

Have you been called in or summoned to court for hit-and-run? We test every element against the criminal file, request the footage and examine whether an acquittal or a reclassification is possible. Contact us. Also read our article on compensation and the insurer after a hit-and-run.

Law as at 30 September 2026. We update this article when the rules change.

Defending a hit-and-run charge in Belgium: acquittal or reclassification?