For the first time in 150 years, Belgium has a totally revised Penal Code that better represents current norms and values, streamlines the organization of the judicial system, and concentrates on punishment and rehabilitation.
Belgium’s current Penal Code, which was enacted in 1876, is primarily based on Napoleon’s Code of 1810. For decades, it fell behind societal conventions, becoming “an outdated house with many outbuildings” that is currently being replaced with a simple and logical eight-level system.
“The new Criminal Code has been in the works for years, and it is a collaborative effort. It is the final component of the bargain we create with one another: what we stand for as a society, and what is and isn’t permitted,” stated Federal Justice Minister Paul Van Tigchelt.
Many regulations, attitudes, and offenses still reflect 19th-century morality and are no longer in line with what residents demand from the Justice Department. In several circumstances, property offenses were penalized more severely than physical integrity violations.
Those who committed burglary with theft and rape may, in principle, face harsher penalties for the theft than for the rape. This has already been altered with the inclusion of the sexual penal code as a preface to the new Penal Code.
Over the last century and a half, the Penal Code has undergone progressive revisions, resulting in a patchwork of legislative amendments and new legislation to maintain the antiquated provisions in effect. As a result, criminal law is difficult to understand, even for specialists, let alone ordinary folks.
“The new Penal Code is also an important step forward for victims, with harsher penalties for offenses such as sexual violence, intrafamily violence, and terrorism,” Van Tigchelt stated in a press release.Â
“We also included additional protections to protect society from persons with serious psychological issues. And we begin with a scientific understanding of which penalties work best”.
Under the new guidelines, punishment and jail will be employed as a last resort or ultimum remedium. Imprisonment is no longer viewed as the ultimate answer, but rather as one of several alternative penalties. This is reflected in the degrees and types of punishment that the court may inflict.
Levels 1 through 8.
Prison terms are no longer conceivable for level 1 offenses, which are the least serious types of crimes. These include libel, slander, violation of communication confidentiality, unintended fire, petty vandalism, and other offenses.
These are examples in which scientific agreement shows that jail terms are ineffective (or even harmful) and increase the chance of recidivism.Â
In certain circumstances, other types of punishment, such as community service, a fine, probation, or forfeiture, can assist in guaranteeing that the underlying reasons in the guilty individual are addressed and that they do not relapse into the same criminal behavior.
Level 2 offenses such as discrimination, ordinary theft, trespassing, violation of inquiry secrecy, perjury, and forgery should not be penalized with jail. However, jail terms ranging from six months to three years are an option.
If the court imposes a jail term, it must explain why the goal of rehabilitation cannot be attained by alternative forms of punishment. The court should ensure that the sentence imposed is as effective as feasible in reducing the probability of recidivism.
For more serious offenses, classified as categories 3 through 8, jail remains the primary punishment.
Level 3 offenses, which carry jail sentences ranging from three to five years, include theft by force or threat, extortion, abuse of trust, fraud, money laundering, and public bribery. Kidnapping, torture, rape, directing a criminal organization, glorifying terrorism, and illicit organ trafficking are all level 4 felonies punishable by five to 10 years in jail.
Level 5 offenses, such as armed robbery, hostage-taking, and burning in a location where the criminal suspects others are present, deserve jail penalties ranging from ten to fifteen years. Leading a terrorist group, raping a kid, and ecocide are all level 6 crimes punishable by jail penalties ranging from 15 to 20 years.
Manslaughter, sexual assault resulting in death, and torture resulting in death are all level 7 offenses, punishable by 20 to 30 years in jail. Finally, level 8 offenses are the most serious, punishable by life in prison, and include murder, intrafamily manslaughter, genocide, and crimes against humanity.
Recidivism and Discrimination
Aggravating aspects of a crime raise the severity of the punishment: for example, committing a crime if the victim is a juvenile, there are injuries, fatalities, or the victim is in a vulnerable situation.
To illustrate, the basic offense of rape is prosecuted at level 4, but if it is committed, say, against a juvenile above the age of 16, it is punished at level 5. If done against a juvenile under the age of 16 or a vulnerable person, it carries a level 6 punishment. If the rape causes death, it is punishable at level 7.
In addition to the components, there are aggravating influences. These are case-file elements that the court should examine while deciding whether to impose a higher punishment within the same sentence level.
If there is recidivism (a second conviction for the same crime), the sentence may be raised by one level. In a handful of circumstances outlined in the statute, the most serious offenses, the court will be required to consider the offender’s past convictions when establishing the sentence level.
This article was created using automation technology and was thoroughly edited and fact-checked by one of our editorial staff members
