Does the procedural indemnity apply in criminal cases?

Yes — Article 162bis of the Code of Criminal Procedure governs it in criminal matters, under a separate regime.

The procedural indemnity applies in criminal proceedings under a dedicated legal basis: Article 162bis of the Code of Criminal Procedure (Wetboek van Strafvordering / Code d'instruction criminelle).

When a conviction judgment is rendered, the criminal court automatically orders the convicted party to pay the procedural indemnity to the civil party (burgerlijke partij / partie civile) — no separate request is needed from the civil party.

When a civil party has filed a direct summons (rechtstreekse dagvaarding / citation directe) and the case results in an acquittal, the civil party may in turn be ordered to pay the procedural indemnity to the acquitted accused.

The tariff tables used in criminal proceedings are the same as those used in civil proceedings, so our calculator can be used as a reference, though the specific circumstances of criminal proceedings may differ.