Belgium’s New Penal Code Takes Effect September 1
Belgium’s most comprehensive criminal justice reform in nearly 160 years takes effect on September 1, 2026, as the new Penal Code replaces the Code of 1867. The reform introduces a fundamentally new legal philosophy, creates new criminal offenses, and restructures the entire system of penalties, marking a historic shift in how the country approaches criminal justice.
A Historic Reform
The new Code, adopted by the Chamber of Representatives on February 22, 2024, and published in the Belgian Official Gazette on April 8, 2024, was originally scheduled to enter into force on that same date two years later. However, as RTBF reported, the entry was postponed to September 1, 2026, following an agreement between the MR, CD&V, and N-VA parties in March 2026.
The postponement came after an independent survey by the association Magistratuur & Maatschappij found that more than 80% of magistrates favored delaying the entry into force. According to the survey of 513 magistrates, 71.2% said the entry into force was “not currently operationally feasible or only at the cost of radical transitional measures.”
Flemish Minister Zuhal Demir (N-VA) had publicly called for postponement, describing it as “irresponsible and frankly dangerous” to proceed as scheduled, as VRT reported. Federal Justice Minister Annelies Verlinden (CD&V) responded that Demir’s party was also part of the federal government.
A New Legal Philosophy
The new Code represents a fundamental shift in criminal justice philosophy, as RTBF detailed in its overview of what changes on September 1. Central to this reform is the principle that imprisonment is the “ultimum remedium” — the last resort — which can only be imposed when other penalties cannot achieve the objectives of punishment.
Article 27 of the new Code establishes four objectives of punishment: expressing society’s disapproval, promoting restoration of social balance and repair of damage, fostering rehabilitation and social reintegration, and protecting society. Judges must now specifically motivate their choice of imprisonment over alternative penalties.
Damien Vandermeersch, one of the architects of the new Code, member of the Commission de réforme du droit pénal, and professor emeritus at UCLouvain, explained the philosophical shift to RTBF: “What means will we give ourselves through a criminal trial so that people get better, in the positive sense, that they abandon their criminal path to change trajectory? We wanted to appeal to both the responsibility of individuals and that of the State, and this translates into the objectives of punishment that reflect a philosophy.”
Eight Penalty Levels
The traditional classification of crimes, délits (misdemeanors), and contraventions (violations) inherited from the Napoleonic Code has been abolished. In its place, the new Code introduces a system of eight penalty levels, from level 1 (lightest, no imprisonment possible) to level 8 (life imprisonment). The term “infraction” is now used as the single term for offenses, with the word “crime” reserved for international crimes.
This new structure, as detailed by Lydian legal analysis, aims to provide clarity and coherence in sentencing. With mitigating circumstances, judges can reduce penalties to lower levels — for example, a level 8 penalty (life imprisonment) can be reduced to levels 7, 6, 5, 4, or 3.
New Offenses and Terminology
The new Code introduces several significant new offenses. The crime of ecocide (Article 94) sanctions serious, extensive, and lasting damage to the environment, such as an oil spill. Other additions include incitement to suicide (Articles 109-111), fraud against subsidies (Article 691), and conversion practices (Articles 310-316).
The Code also includes comprehensive provisions on hate crimes and discrimination offenses (Articles 250-257), covering incitement to discrimination, dissemination of racial ideas, negationism, and sexism, as documented by Unia.
Terminology has been modernized throughout. “Actes de violence” replaces “coups ou blessures volontaires,” and “atteinte à l’intégrité due à un défaut grave de prévoyance ou de précaution” replaces “coups ou blessures involontaires.” The night is now defined as the period between 21:00 and 05:00, and the concept of harassment no longer distinguishes between online and offline versions.
Road Homicide: A New Autonomous Offense
One of the most significant new offenses is road homicide (homicide dans le cadre de la circulation routière), which entered the Penal Code in January 2026. As RTBF reported, the base penalty is level 3 — up to 5 years imprisonment and a 10,000 euro fine. With aggravating circumstances such as driving under the influence, driving without a license, or running red lights, the penalty increases to up to 10 years and a 16,000 euro fine.
The new qualification, as LegalStreet explains, abandons the terms “involuntary” and “accidental” in favor of a more explicit recognition of the gravity of the conduct and its consequences. This responds to long-standing demands from victims’ families who found the old terminology deeply hurtful.
Practical Challenges Ahead
The transition to the new Code presents significant operational challenges. Vincent Fiasse, King’s Prosecutor of Charleroi, told RTBF that the justice system will function more slowly during the transition: “A new Penal Code fundamentally changes things, both in terms of qualifying facts and penalties. We’ll need to get used to it, have new reflexes.”
Denis Bosquet, a criminal law specialist at the Brussels Bar, acknowledged that “everyone is on edge but we expect difficult beginnings,” noting that all existing files prior to the entry into force date will need to be transposed under the new framework.
For offenses committed before September 1, the old Code applies in principle, unless the new Code provides lighter penalties. Cases involving facts on both sides of the entry date will require dual qualification, adding to the workload of an already strained judicial system.
What to Watch For
The coming months will test how effectively the new Code’s philosophy translates into practice. Key questions include whether judges will embrace alternative penalties as intended, how the IT systems of the prosecution service adapt to new offense labels and penalties, and whether the anticipated slowdown in case processing materializes.
As Juriup notes, the reform modernizes a legal framework dating from 1867, responding to both rehabilitation requirements and the legitimate expectations of victims. The September 1 date marks the beginning of a new era in Belgian criminal justice — one that will be measured not just in the coming weeks, but in the years of jurisprudence that will follow.