Belgium's New Penal Code Risks Lower Fines for Major Crimes, N-VA Warns

Belgium's upcoming penal code, scheduled for implementation in September, is facing scrutiny from the N-VA, a partner in the governing coalition. The party has raised concerns about potential legal loopholes that could temporarily reduce penalties for serious crimes.

According to N-VA lawmaker Charlotte Verkeyn, there is a risk that fines for offenses such as large-scale fraud or child prostitution might be temporarily lowered. This issue could arise for infractions committed before the new penal code officially takes effect.

The core of the concern lies in the principle of non-retroactivity of criminal law. Specifically, a new penalty, like a monetary fine, cannot be applied to acts that occurred prior to its enactment. Belgian law dictates that when a criminal law is modified between the date of an offense and the trial, the most favorable penalty for the defendant is applied.