Belgium’s New Criminal Code Takes Effect Tomorrow

Belgium’s new criminal code takes effect on 1 September 2026, marking the first comprehensive overhaul of the country’s criminal law framework since 1867. The reform replaces the Napoleonic-era legal system with a modernized framework that abolishes the traditional tripartite classification of crimes, establishes imprisonment as a last resort, and introduces new offenses including ecocide. Legal professionals describe the transition as challenging, with researchers at the KU Leuven Institute for Criminal Law noting that “deep breathing and sighing is the only option” during the adjustment period, as VRT NWS reported.

A Historic Legal Reform

The previous criminal code dated from 1867 and was largely based on the Napoleonic Code of 1810. After nearly 50 years of legislative work, the new code was published in the Belgian Staatsblad (Official Gazette) on 8 April 2024. The original implementation date of 8 April 2026 was postponed to 1 September to allow legal professionals more preparation time.

The postponement was a “sensible and careful decision that gave legal practice much-needed extra time,” according to Alain De Nauw, professor emeritus of criminal law and member of the Royal Flemish Academy of Belgium for Science and the Arts (KVAB). The Federal Public Service Justice stated that the transition period was designed to give all actors in the field the necessary organizational space to prepare the implementation as well as possible.

Key Changes in the New Code

The new code consists of two books: Book I covers general principles of criminal law and the list of principal and supplementary penalties, while Book II details specific criminal offenses. Among the most significant changes:

Abolition of the tripartite classification. The distinction between crimes (misdaden), offenses (wanbedrijven), and contraventions (overtredingen) disappears. All are now classified as “misdrijf” (offense).

Eight penalty levels. Each offense is assigned to one of 8 penalty levels (niveau 1-8), with level 1 having no imprisonment possible and level 8 corresponding to life imprisonment.

Imprisonment as ultimum remedium. Prison sentences are now considered the last resort. Judges must first consider alternatives such as electronic monitoring, community service, probation, fines, or simple guilty verdicts, as RTBF detailed.

New offenses introduced. Ecocide — serious and irreversible damage to nature — carries penalties of 15-20 years imprisonment. Other new offenses include grooming and distribution of pedophile manuals.

Outdated offenses removed. Including granting a noble title without entitlement, and night noise/disturbance (nachtgerucht/nachtrumoer).

Financial penalties based on criminal gains. Offenders can be fined up to 3 times the amount gained from criminal activity.

Gender-based violence. Increased sensitivity to gender-related violence, including intrafamilial violence and partner homicide, is reflected in the new code.

Attempt rules expanded. All intentional offenses are now punishable in case of attempt, including offenses like abuse of trust that were previously not.

Accomplices redefined. The distinction between perpetrators and accomplices is abolished; both are now considered full participants.

Transitional Challenges for the Justice System

The transition presents significant challenges for Belgium’s already strained justice system. Thousands of pending cases fall under the old code, and judges must apply the most favorable law (mildest strafwet) to each case. Legal professionals will need to switch between both codes for years to come.

Vincent Fiasse, Procureur du Roi de Charleroi, expressed concerns about the impact on case processing. “It’s a challenge because the current criminal code, we’ve known it since our studies,” he told RTBF. “A new criminal code fundamentally changes things, both in terms of qualifying facts and penalties. All this will require significant legal work and reflection from all justice actors. Consequently, justice will function more slowly.”

The Parquet of Charleroi reported a 73.8% criminal response rate in 2025 (up from 58.5% in 2024) but fears this could decline due to the added workload of the transition. Over 80% of magistrates supported postponement of the code’s implementation, and seven harmonization laws were approved by Parliament to align special legislation (drug law, traffic law, GAS law, weapons law, etc.) with the new code.

The Orde van Vlaamse Balies noted that the postponement was linked to a broader political deal within the De Wever government, including an agreement on addressing prison overcrowding with provisions for electronic monitoring for sentences up to 18 months and early release with electronic monitoring for sentences between 18 months and 10 years.

Implications for the Narcotrafic Crisis

The new code arrives amid a significant drug trafficking crisis in Belgium, with 57 shootings recorded in Brussels over the past seven months. The reform introduces harsher penalties for network leaders, whose role is now more clearly defined and punishable. For attempted assassination, penalties now range from 20 to 30 years — higher than previously.

However, some legal experts question whether the new code can address the narcotrafic situation. Nathalie Gallant, criminal defense lawyer at the Brussels Bar, told RTBF that “it’s not this kind of measure that will solve the problem of phones in prison used to order murders related to drug trafficking. We’re fighting a war we’re behind on.”

Denis Goeman, judge at the Court of First Instance of Brussels, emphasized the need for resources: “As long as we don’t try to put resources in and react to this, all words will be in vain. Actions must follow words, we need to develop considerable resources.”

What to Watch For

As the new code takes effect, several key questions will shape its implementation:

• How courts will navigate the transitional rules requiring comparison between old and new laws for pending cases
• Whether the new financial sanctions effectively target criminal profits
• How the justice system manages the added workload during the transition period
• Whether the new code’s emphasis on alternatives to imprisonment addresses prison overcrowding

Legal experts expect that transitional questions will generate extensive litigation in the coming years, with the Court of Cassation, the Constitutional Court, and potentially the European Court of Human Rights providing guidance. As researchers at KU Leuven noted, the birth of a new code inevitably involves labor pains — and for Belgium’s legal practitioners, the adjustment period has only just begun.