Spirit of the reform
The reform is firmly rooted in a modernisation vision for the Criminal Code that dates back to… 1867! The draft bill contains several changes with three main goals: modernising, simplifying and making the new rules easier to read and understand. By drawing on practical insights, it seeks to streamline the process of qualifying offences while maintaining the paramount goal of ensuring enhanced legal certainty.
The New Criminal Code is expected to come into effect two years after its publication in the Belgian Official Gazette, which is anticipated to be sometime in the year 2026.
Key changes for corporates and white-collar offences
In our first two podcasts focusing on key changes for corporates and white-collar crimes, we discuss the main adjustments to white-collar offences that corporates could potentially be charged with.
The first podcast explores the broader changes to general principles of criminal law, including the introduction of new sentences and the expansion of punishable attempts and participation. These reforms aim to modernize, simplify, and enhance the clarity of the Belgian Criminal Code, reflecting a vision that dates back to 1867.
The second podcast delves into the significant changes to forgery definitions, bribery sentencing, tax fraud classifications, and fraud requirements.
Ecocide crime and director's liabilities
Our third podcast will introduce the crime of Ecocide, a major new feature of the revised Belgian Criminal Code, highlighting the legislator’s strong environmental concerns. We discuss the scope and application contexts of this crime.
In our fourth podcast, we will delve into the overhauled provisions dedicated to punishable participation, explaining the new system that no longer distinguishes between co-perpetrators and accomplices, and addressing FAQs regarding the liability of directors.