New Criminal Code in Belgium
The Belgian Parliament has approved draft bills recasting the first and second books of the Belgian criminal code, which have both been published in the Belgian Gazette on 8 April 2024. This comprehensive reform aims to achieve several objectives: making the criminal code clearer, enhancing accessibility, and introducing significant novelties.
Modernisation Vision
The reform has three main goals: modernising, simplifying, and enhancing readability of the criminal code. By drawing on practical insights, it seeks to streamline the process of qualifying offences while maintaining the paramount goal of ensuring enhanced legal certainty. Furthermore, this recast deliberately shifts focus from often-criticised imprisonment sentences, striving instead for a more flexible approach, where imprisonment is considered only as a last resort measure.
The reform introduces a new regime of sanctions with eight levels of penalties. Corporations will face consequences based on the severity of their offenses. Additionally, the updated code includes novel forms of penalties, increased fines applicable to corporations, and the recognition of the offense of “Ecocide”. Adjustments have also been made to several white-collar offenses.
The New Criminal Code will come into force on 8 April 2026. Corporations and individuals alike should familiarize themselves with the updated provisions to understand the implications of these legal modifications.
Podcast
New Criminal Code series
Discover the Belgian criminal code reform: new corporate sanctions, increased fines, 'Ecocide' offence, and changes to white-collar crimes in our podcast series
Survey - New Criminal Code in Belgium
As we delve into the revised code, we invite you to share your questions and concerns with us. These will not only shape the content of our upcoming newsletters dedicated to exploring this topic, but also fuel a forthcoming series of podcasts aimed at addressing the most pressing issues and queries surrounding the new code.
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