In Belgium, a new criminal code will come into effect tomorrow, the first complete revision since the time of Napoleon. The new code applies to all crimes committed from September 1 onwards. This means that judges and lawyers will have to switch between two codes for the time being.
One of the biggest changes is that only the term 'crime' is used, instead of the previous subdivision into felonies, misdemeanors, and violations. The new code works with eight penalty levels under which all crimes fall. This ranges from level 1, which includes crimes such as defamation, slander, and minor forms of vandalism for which no prison sentence is given, to level 8, with life imprisonment for, among others, murder or genocide.
Outdated crimes have also been removed. For example, from tomorrow in Belgium, you can no longer be prosecuted for "giving a noble title to someone who is not entitled to it." New crimes have been added such as 'ecocide,' causing serious or irreversible damage to nature. This can be punished with a prison sentence of 15 to 20 years. Some penalties are lighter or have disappeared; for instance, you can no longer receive a prison sentence for lèse-majesté and sex work has been removed from criminal law.
Strafverzwaringen
Gender-related violence, domestic violence, and partner killing are clearly included in the new code. In the new code, manslaughter falls under penalty level 7, which carries 20 to 30 years in prison. There is a penalty increase for manslaughter within the family circle. This falls under level 8 and carries a life sentence. Stricter penalties also apply for sexual violence, and under the renewed sexual criminal law, giving consent is now central.
In addition to existing penalties such as community service, fines, and imprisonment, other types of penalties have been added. For example, a professional ban or disenfranchisement.
Developing and writing the new code was time-consuming. It took fifty years, writes the Flemish broadcaster VRT. A lot of work went into it, as well as consultations with judges and public prosecutors, lawyers, academics, and others. The new code was published on April 8, 2024. Originally, it was to come into effect on April 8 of this year, but that date was postponed.
Dutch Criminal Code
The current Belgian code was approved in 1867 and is largely based on the French Code pénal, which was introduced in 1810 by Emperor Napoleon Bonaparte. Since then, the code has been amended hundreds of times through separate laws but is now fully revised for the first time.
The Dutch Criminal Code was introduced in 1886 and, unlike Belgium, is not derived from the Code pénal. The French code did apply in the Netherlands during the French period; afterwards, it remained the basis for criminal law with adjustments. In 1870, the government commissioned the writing of its own Dutch code.
The new code was significantly influenced by the Criminal Code for the North German Confederation. Since 1886, the criminal code has been amended hundreds of times with legislative changes. The latest update came into effect last July. Our code has not yet been fully revised as is now the case with our neighbors.