Belgium’s Historic New Criminal Code Takes Effect
Belgium’s new criminal code officially took effect on September 1, 2026, marking the first comprehensive overhaul of the country’s criminal law framework in nearly 160 years. The landmark reform replaces the 1867 code, which was largely based on the Napoleonic Code of 1810, and introduces sweeping changes to how crimes are defined, prosecuted, and punished across the country.
As VRT NWS reported, “This day can therefore certainly be considered historic.” The reform represents the culmination of nearly 50 years of legislative work, with the formal process beginning in 2015.
A New Framework for Criminal Justice
Perhaps the most fundamental change is the elimination of the traditional distinction between crimes (misdaden), offenses (wanbedrijven), and contraventions (overtredingen). Under the old system, different types of offenses were handled by different courts. The new code replaces this with a single concept of “misdrijf” (offense) organized into eight punishment levels, ranging from Level 1 (no prison sentence possible) to Level 8 (life imprisonment for murder, genocide, and other most serious crimes).
A key principle of the new code is that imprisonment is now considered the ultimum remedium — the last resort. Judges must first consider alternatives such as community service, electronic monitoring, probation, fines, or a simple guilty verdict before imposing a prison sentence.
The code also introduces a new financial sanction allowing fines of up to three times the profit gained from a crime. Someone who earned €1 million through fraud, for example, could face a fine of up to €3 million.
New Crimes, Removed Anachronisms
The new code introduces several new criminal offenses, most notably ecocide — causing serious and irreversible damage to nature — which carries a prison sentence of 15 to 20 years. Incitement to suicide and desecration of corpses are also newly criminalized. Stricter penalties have been codified for gender-related violence, domestic violence, and partner homicide.
Conversely, outdated offenses have been removed, including giving a noble title to someone not entitled to it and night noise (nachtgerucht). The distinction between attempted and completed crimes has also been simplified — all attempts at intentional offenses are now punishable.
According to Business AM, unintentional offenses now require a “serious fault” (zware fout) rather than a light fault, changing the threshold for criminal liability in cases such as unintentional assault or negligent injury.
A Political and Practical Transition
The path to implementation was not without controversy. The original entry-into-force date of April 8, 2026 was postponed to September 1 after concerns from magistrates and political pressure. More than 80% of magistrates supported the postponement, citing unreadiness of harmonization legislation, IT systems, and the risk of procedural errors.
The postponement became a political flashpoint. Flemish Minister of Justice Zuhal Demir (N-VA) publicly criticized Federal Minister of Justice Annelies Verlinden (CD&V), saying, “I agree with the magistrates that this will cause chaos in the field and criminals who may be released earlier due to procedural errors.” Verlinden’s office responded that “Demir conveniently forgets that her party is also in the federal government,” as VRT NWS reported.
The FOD Justitie defended the postponement as necessary to “give all actors in the field the necessary organizational space to prepare the implementation of the new criminal code as well as possible.”
The Challenge of Transitional Law
Thousands of pending cases fall under the old code, creating a complex transitional period. The principle of the most favorable law means judges must compare both codes provision by provision to determine which is more favorable to the defendant. This requires lawyers and magistrates to work with both codes for years to come.
As researchers from the KU Leuven Institute for Criminal Law noted, “At the birth of a new code, labor pains are inevitable. Unfortunately, we cannot offer legal practitioners epidural pain relief. Deep breathing and lots of sighing is the only option.”
The complexity extends to practical questions: Is two years of imprisonment stricter than two years under electronic monitoring? Is one day in prison heavier than a forfeiture of €100,000? The Court of Cassation, the Constitutional Court, and potentially the European Court of Human Rights will need to provide guidance on these questions.
What’s Next
The new code was published in the Belgian Staatsblad (Official Gazette) on April 8, 2024, and the harmonization of special criminal laws — including traffic legislation and GAS (administrative sanction) laws — was completed in June 2026. The KVAB opinion piece by Professor Emeritus Alain De Nauw described the postponement as “a sensible and careful decision that gave legal practice much-needed extra time.”
Geert De Poorter, President of FOD Justitie, emphasized the significance of the moment: “A historic reform does not come about in a few months. It is the result of years of work and the commitment of all those who contribute to bringing it to a successful conclusion,” as stated in the FOD Justitie announcement.
Whether the new code will solve Belgium’s prison overcrowding problem remains uncertain. While it emphasizes alternatives to imprisonment, it also introduces new crimes and raises certain maximum sentences. What is clear is that Belgium has entered a new era in its criminal justice system — one that will unfold in courtrooms across the country for years to come.
As NOS described it, this is a “historic day for Belgium: after nearly 160 years, a new criminal code.” The full impact of this landmark reform will only become apparent as the first cases under the new code make their way through the Belgian judicial system.