Is Flanders ready for Belgium’s new Criminal Code?

Belgian courts, prosecutors and bar associations across Flanders said this week that they are broadly ready to apply Belgium’s new Criminal Code

That matters immediately to defendants, victims and legal professionals throughout Belgium. The reform changes how offences and penalties are organised, introduces new crimes and gives judges a wider range of sentencing options. It also requires courts to determine which law applies to conduct committed before 1 September, including whether a provision in the new code is more favourable to the accused. This principle protects defendants from receiving a heavier punishment retrospectively, but it can make transitional cases legally demanding.

The code replaces legislation dating principally from 1867 with two modernised books adopted by the federal parliament in February 2024. VRT NWS reported at the time that the old structure had become an intricate collection of amendments rooted partly in Napoleonic law. The replacement organises penalties into eight levels, treats imprisonment more explicitly as a last resort and allows alternatives including probation, treatment, electronic monitoring and work penalties. It also recognises offences such as ecocide and incitement to suicide, while providing heavier penalties in areas including terrorism, espionage, sexual violence and attacks on people performing public functions.

Readiness nevertheless varies in tone. Antwerp court spokesman Luc De Cleir and Antwerp prosecution spokeswoman Kato Belmans told HLN that their institutions had already been prepared for the original 8 April launch. Limburg prosecution spokeswoman Marijke Teunis and Leuven court president Miriam Schoors similarly said the necessary measures and preparations were in place. East Flanders prosecutor Geert Merchiers offered a more specific reason for confidence: much of the complementary legislation has now been approved or adjusted, providing greater legal clarity than existed in April.

The Flemish bar shares that cautious confidence. Antwerp bar president Jo De Meester said the extra months had helped lawyers prepare for what is a complete replacement of the code rather than a limited amendment. Limburg bar president Natascha Bielen said criminal and traffic lawyers had attended study days and that the bar had repeatedly consulted courts and prosecutors. Her formulation captures the prevailing mood: the transition may not always be smooth, but applying an evolving body of law is part of the profession’s challenge.

Other practitioners are less categorical. West Flanders lawyer Filip De Reuse described the change to HLN as a fundamental upheaval and questioned whether everyone was equally prepared. West Flanders prosecutor Vincent Remy said practical application would reveal how well the system works, while East Flanders court president Peter Marcoen distinguished professional preparation from the still-uncertain performance of procedures and systems in live cases.

Those reservations echo the institutional warning that produced the delay. The Order of Flemish Bars reported in March that more than 80% of surveyed magistrates supported postponement because legislation covering matters such as municipal sanctions, traffic, weapons and drugs was incomplete or late, raising fears of procedural errors and legal uncertainty. Justice Minister Annelies Verlinden

Flanders has a distinct role because criminal law is federal but important parts of implementation are regional. Flemish justice houses supervise work and probation sentences, while Flemish rules on youth delinquency and administrative enforcement contain references that must match the new federal terminology. The Flemish government, acting through ministers Zuhal Demir and Caroline Gennez, approved changes intended to preserve the existing scope of youth measures; the Flemish Parliament also examined technical amendments to justice and local-government decrees in July.

The reform is therefore not merely a new list of offences. It is an attempt to make punishment more coherent and proportionate while connecting federal judgments to institutions that execute community-based sentences. On 1 September, the question will shift from whether Flanders has offered enough training to whether courts, prosecutors, lawyers, IT systems and justice houses interpret the new rules consistently. Early judgments, appeals and any reported administrative failures will provide the first meaningful evidence.