How are offences classified under Luxembourg criminal law in Luxembourg?

Luxembourg classifies offences as crimes, délits or contraventions. The classification determines the competent court, the type of penalty and the available procedure.

How can someone report an offence under Luxembourg criminal law in Luxembourg?

A complaint can be filed with the Police grand-ducale or the Parquet. A victim can also seek party-civil status before an investigating judge, although a court-ordered deposit may apply.

Which courts hear criminal cases under Luxembourg criminal law in Luxembourg?

The Tribunal de police generally hears contraventions, the chambre correctionnelle hears délits and the chambre criminelle hears crimes. The judicial districts are Luxembourg and Diekirch.

What rights does a victim have under Luxembourg criminal law in Luxembourg?

A victim can receive understandable information, interpretation or translation, support, legal assistance and information about the case. The victim can also claim damages as a partie civile and may qualify for state compensation under statutory conditions.

What appeal deadlines apply to criminal judgments under Luxembourg criminal law in Luxembourg?

Opposition against a default judgment generally has a 15-day period, an ordinary appeal in a correctional case normally has a 40-day period, and a criminal cassation appeal normally has a one-month period. The applicable deadline depends on the type of decision and its service.

Criminal law in Luxembourg

Luxembourg criminal law defines criminal offences, assigns responsibility, governs investigations and proceedings, and sets sanctions and rights. Offences are classified as crimes, délits or contraventions according to their seriousness and the applicable penalty. The system covers ordinary offences, road and digital offences, youth justice, victim protection and the enforcement of sentences.

Tip

Treat the classification of the alleged offence as the starting point because it determines the court, possible sanctions and appeal route. If you are accused, protect your defence rights, follow every summons or control measure and track service dates; if you are harmed, preserve evidence, file a complaint and decide whether to claim damages as a partie civile.

byEmma&Liam

Luxembourg has one national criminal justice system, administered through the judicial districts of Luxembourg and Diekirch. The Code pénal defines offences and sanctions. The Code d'instruction criminelle governs criminal investigations and proceedings. The principle of legality means that a person can be punished only for conduct that was already prohibited by law when it occurred. A crime carries a criminal penalty, a délit carries a correctional penalty and a contravention carries a police penalty. Attempting a crime is punishable. Attempting a délit is punishable only where the law expressly provides for it. A legal person can incur criminal responsibility for a crime or délit committed in its name or interest, while the individuals who acted or participated can remain personally responsible. The Ministère public, commonly called the Parquet, directs public prosecution and can coordinate urgent action at any time. The Police grand-ducale establishes facts, identifies suspects, secures evidence, makes arrests and executes judicial orders. The Service de police judiciaire, including specialised DCPJ units, handles serious or complex cases such as organised crime, financial crime, sexual offences and cybercrime. A complaint can be filed with the police or the Parquet. A juge d'instruction can conduct a formal investigation called instruction préparatoire; it is required for crimes and may be used for délits. A victim can also file a plainte avec constitution de partie civile before the investigating judge, although a court-ordered deposit may be required. Contraventions are generally heard by the Tribunal de police. Délits are normally heard by the chambre correctionnelle, which can impose imprisonment commonly ranging from 8 days to 5 years, a fine of at least EUR 251 and additional measures. Crimes are heard by the chambre criminelle and can lead to life imprisonment or a fixed prison term of at least 5 years. Confiscation, driving bans, professional or business restrictions and other rights restrictions may accompany a sentence. In suitable cases, the court can apply a suspended sentence, community service, electronic monitoring or another execution measure. A judgment given in default can generally be challenged by opposition within 15 days. An ordinary appeal in a correctional case normally has a 40-day period. A criminal cassation appeal is an exceptional legal review with a one-month period. The exact calculation depends on how and when the decision was served. Victims can report an offence, receive information in a language they understand, obtain interpretation or translation, seek legal assistance and claim damages as a partie civile. The Service d'aide aux victimes can provide support, and the Ministry of Justice may compensate a victim under statutory conditions when the offender cannot pay. Restorative justice can be offered before, during or after proceedings but does not replace criminal prosecution. The youth justice system primarily uses protection and educational measures under the amended law of 10 August 1992. Measures can include a reprimand, educational assistance, unpaid community work, supervised family placement or placement in a specialised centre. A youth criminal record is not treated like an ordinary adult criminal record. Road offences include alcohol-impaired driving, refusal of testing, dangerous speeding and use of a mobile device while driving. The general alcohol limit is 0.25 mg per litre of breath, while special groups have a 0.1 mg limit. From 0.55 mg per litre, the law provides for a EUR 500 to EUR 10,000 fine, six points, immediate withdrawal of the driving licence and possible imprisonment from 8 days to 3 years. Fraudulent system access, phishing, ransomware, identity offences and payment-instrument offences fall within the digital-crime framework and may be investigated by specialised cybercrime units.