The criminal law manuals could be rewritten. On Thursday afternoon, the federal parliament normally gives the final green light to the new criminal code that has been in the works for eight years. New crimes are introduced, some others disappear from the sights of the criminal court.
1. Why the need for a new criminal code?
The current criminal code dates from 1867 and could use some dusting off. A century and a half later, the world looks completely different. Not that new criminal provisions have not been added since then, but they have been incorporated into the existing criminal code as best as possible. In the long run it will become a mess.
Precision, simplicity and coherence are the guiding principles for the new law. Since the 1970s, there have been five attempts to redesign the criminal code. The attempt by the previous Minister of Justice, Koen Geens (CD&V), failed after the departure of the N-VA from the Michel government. Minister of Justice Vincent Van Quickenborne (Open VLD) and his successor Paul Van Tigchelt (Open VLD) picked up the thread and are now reaching the finish line.
2. How is the new criminal code structured?
The Vivaldi government divides all crimes into eight different punishment levels. These are listed in Book I of the Criminal Code. A penalty level is a set of possible punishment measures. For example, at level 1 there is no prison sentence, but this includes a fine of 200 to 20,000 euros or community service of 20 to 120 hours. Level 8 – the highest level – involves life imprisonment and a possible fine of 4 to 5.76 million euros. Also new is the principle of partial accountability, which provides for ‘treatment under deprivation of liberty’ that is less long than a prison sentence at the same level.
In Book II, the various crimes are listed and linked to a punishment level from Book I. It is therefore no longer the case that the possible minimum and maximum punishment is mentioned for each crime. Moreover, the classic distinction between ‘crimes’, ‘misdemeanours’ and ‘violations’ disappears. For example, level 1 (where no prison sentence is specified) will apply to minor offenses, such as minor forms of vandalism, libel, slander or public intoxication. Level eight – up to life in prison – applies, for example, to first-degree manslaughter.
All crimes are also neatly sorted into eight thematic groups: serious violations of international humanitarian law, the crime of ecocide, crimes against persons, crimes against public security, forgery, crimes against property, economic crimes and crimes against the state. In fact, the punishment for many crimes remains approximately the same as today.
The government has already emphasized that the new criminal code gives the judge more options to punish convicts, for example through mandatory probationary sentences, such as an aggression management course, or a professional or driving ban. Penalties such as fines, community service and electronic monitoring are being expanded.
3. Which new crimes will be added to the criminal code and what will disappear?
A newcomer to the criminal code is ecocide – causing serious and lasting damage to the environment on a large scale. Our country is a pioneer in this. It even gets a separate title in the new criminal code. The presence of the Greens in this government is of course no stranger to this. Another crime that is emerging is incitement to suicide. Corporal desecration will also become a criminal offence, as will having a hidden compartment in a car to hide illegal items – which can help in the fight against drugs. The new criminal code will of course also integrate the recent reform of sexual criminal law.
Extra attention is also paid to domestic violence. Femicide will not become a separate crime, but anyone who kills their partner without premeditation will in the future also be able to receive a life sentence. Today the maximum sentence for this is 30 years. The presence of children in intimate partner violence is now considered an aggravating circumstance, resulting in a higher sentence. Discrimination will also be an aggravating circumstance for all crimes in the future.
On the other hand, crimes also disappear from the criminal code because other sanctions, such as GAS fines, are a more efficient means of taking action against them. An example of this is night noise. In addition, a number of archaic criminal provisions are also removed, such as wrongfully appropriating a noble title.
4. Will the court of assizes be retained?
Yes, there is no consensus to abolish the court of assizes (where a people’s jury judges). All category 8 crimes are automatically brought before the court of assizes. This also applies to some serious crimes of category 7, such as hostage-taking and violation of sexual integrity resulting in death without the intent to kill.
Today many crimes are ‘correctionalized’. By invoking mitigating circumstances, the presiding chamber and the indictment chamber regularly decide today that a crime – such as manslaughter – will still be brought before the criminal court, where no popular jury will judge. That principle disappears.
In any case, the court of assizes remains competent for press and political crimes, because this is regulated in the Constitution.
5. When will the new legislation come into effect?
If the texts are now finally approved in the federal parliament, the entire code is intended to enter into force two years after publication in the Belgian Official Gazette. It would then be ready for implementation in 2026.
