Abuse of trust means that a person does not return certain goods or funds that were given to them with a specific purpose or to be returned later. In other words, what was given to them is misused.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

For abortion a distinction must be made between 2 situations:

• Termination of pregnancy without the consent of the pregnant woman
• Termination of pregnancy with the consent of the pregnant woman

Without consent

Termination of pregnancy without the consent of the pregnant woman is obviously a serious offence. The punishment increases according to the manner and the consequence, for example when violence is involved or when the termination of pregnancy leads to the death of the pregnant woman.

It is not necessary that the termination actually succeeds to be punishable. Even the attempt remains punishable. The use of violence on a pregnant woman, resulting in an abortion, without the perpetrator having the intention to cause this, will also be equated to a termination without consent. It is required that the perpetrator knew, or should have known, that the woman in question was pregnant. If the perpetrator did not know that the woman was pregnant, this will be qualified as another offence.

With consent

Another situation is when the pregnant woman consents to the “abortion”, the so-called voluntary abortion. If this abortion is carried out within the terms of the Abortion Act of 15 October 2018, it is not a criminal offence. This law has some strict conditions, such as the time limit of 12 weeks after conception, the detailed information that must be provided and the mandatory reflection period that must elapse between the first consultation and the final abortion. The 12-week time limit may be exceeded if the pregnancy poses a serious danger to the woman’s health or the child is born with an extremely serious and incurable disease.

If the abortion, with the woman’s consent, is not carried out in accordance with the conditions imposed by the abortion law, it remains punishable behaviour. However, it is always the case that it is punishable for the person who carries out the abortion and not for the woman who has the abortion. The legislator has not explicitly criminalised the performance of a clandestine abortion.

For more information on this crime, a concrete punishment and/or tailor-made advice, please contact our criminal lawyers at info@studio-penale.be.

To usurp an office is to pretend to hold a particular public office. The classic example is posing as a police officer. The offence may consist of both performing acts associated with the office and/or presenting oneself as the holder of a public office.

Assumption of title is the assumption of a capacity that is not a public office but is nevertheless protected in some way. For example, architect, professional journalist, lawyer, physician, company auditor, … .

Wearing a badge of honour, uniform, ribbon, professional dress or other distinguishing mark associated with a title or office is also punishable. Think of a police uniform or toga. It is essential that the wearer had the intention to make others believe that he or she is the holder of the corresponding office or title. A mere dressing up for a theatre or film, or during carnival, does not fall under this.

Finally, the impersonation of a name is also punishable. It is only the fraudulent assumption of a family name that is punishable. Thus, it is punishable to tell the police a false surname, but not to tell them a false first name.

For more information on this offence, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Arson does not only mean that someone literally sets fire to something (deliberate arson), but also when someone consciously performs an act which he or she knows can cause a fire or explosion (unintentional arson).  Similarly, it is a criminal offence to start a fire by lighting a fire within 100 metres of a property that is susceptible to fire or to set off fireworks without taking the appropriate precautions.

The penalties vary according to what is set on fire (property, vehicles, movable property, fields and woods). The heaviest penalties are provided for setting fire to a building or vehicle where it was suspected that persons were present. Other penalties are increased if the arson occurs at night, with a discriminatory or racist motive and if it results in injury or death.

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Breach of professional secrecy means that a person discloses matters covered by professional secrecy by which he or she is bound. This professional secrecy applies, among others, to doctors, nurses, pharmacists, midwives, lawyers, bailiffs, notaries, police, accountants, members of the public social welfare centres, staff of the registries and public prosecutors’ offices, … . . The disclosure of a professional secret is only possible within the testimony in a particular case or investigative committee or when the law expressly permits this.

In some cases, however, professional secrecy may be broken, for example when learning of a serious crime or when there is a serious and real danger to someone’s life or health.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

Public bribery means that a public official does or does not do things in exchange for a quid pro quo or a promise to do so. In bribery a distinction must be made between the briber and the bribed official. The briber and the bribed official both commit a different crime.

The person who is bribed commits passive corruption Only a person who holds a public office can be suspected of passive bribery. This is any person who is entrusted with a public service.

The person who bribes someone commits active corruption. This is therefore making an offer, promise or benefit to a public official in return for a consideration linked to his office.

Corruption occurs when an official commits certain offences in the exercise of his duties. This is broader than just bribery, it can also include the granting of benefits to oneself, embezzlement of funds, etc.

Abuse of authority is when a civil servant abuses his powers. For example, a police officer abusing his powers in order to get in somewhere.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers via info@studio-penale.be.

The possession, distribution, making available and/or production of child pornography is a specific form of public indecency, for which the criminal law provides extra severe punishment. The conscious and intentional viewing of child pornography via the Internet is also punishable.

According to the criminal law, the following cases are regarded as child pornography:

• Any visualisation (photo, film, …) of a minor taking part in a real or simulated explicit sexual act
• Any visualisation of the genitals of a minor for sexual purposes
• Any realistic depiction of a non-existent minor participating in a real or simulated explicit sexual act and/or the depiction of the genitals for sexual purposes.

Not only the exhibition of a minor is punishable, but also the explicit depiction of a person who is presented as a minor. Even if that person is in reality of age.

For more information on this offence, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Forgery in information technology is the equivalent of forgery in writing, except that it is done digitally. Since forgery in writing requires a ‘writing’, it was not possible to punish forgery in digital data before the introduction of this crime.

Also for computer forgery, a number of elements must be present. It must involve the falsification of the truth through data manipulation. This data manipulation is done by entering, changing or deleting data from a computer system. Falsification of information must be done with fraudulent intent or with the aim of causing damage. The damage does not necessarily have to have already been done, it is sufficient that damage was reasonably possible. Using data that is known to be false, without the user falsifying it himself, is also punishable.

For more information about this crime, a concrete punishment and/or tailor-made advice, please contact our criminal lawyers at info@studio-penale.be.

In the case of computer fraud, data is entered, modified or deleted within a computer system with the intention of obtaining an unlawful economic advantage.

For more information on this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

The counterfeiting or forgery of currency or banknotes is of course punishable. This applies to Belgian coins and banknotes as well as to foreign ones. It is therefore just as punishable in Belgium to forge euros as it is to forge dollars.

Not only counterfeiting, but also (attempted) acquisition, issue, import and export are punishable.

The same applies, broadly speaking, to other official means of financial payment such as shares, debentures, vouchers, transfers, cheques, etc.

For more information on this offence, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Stalking means that a person possesses goods which have been stolen or which are the result of a crime, while knowing that these goods are the result of a crime.

Money laundering means converting illegal goods or assets in order to hide their illegal origin. It is not required that the judge can determine the exact crime from which the illegal assets originated, only that any lawful or legal origin is excluded.

For more information on this crime, a concrete punishment and/or tailor-made advice, please contact our criminal lawyers at info@studio-penale.be.

According to the Law on the Protection and Welfare of Animals, it is forbidden to perform acts on animals that cause them unnecessary death, injury or suffering. These actions are only allowed in cases of force majeure or when permitted by law (for example: slaughter for consumption).

In addition, only animals that appear on the list of permitted pets and/or consumption animals may be kept. It is therefore forbidden to keep exotic animals, such as tigers, lions and panthers, except in zoos or for animals (and their direct descendants) that were already in possession before the list was drawn up. An exception can be made for private individuals, subject to written permission from the government. There is also a ban on circuses or travelling exhibitions keeping animals, except with explicit permission from the government and for well-defined animals. Specifically in the Brussels region, it is prohibited to handle horses and ponies. In the Flemish Region, it is forbidden to keep fur-bearing animals for commercial purposes or to use force-feeding methods (e.g. for foie gras).

In addition, the sale and exhibition of animals for sale is strictly regulated. The same applies to the breeding and transport of animals as well as to animal testing. The killing of animals must also be carried out in accordance with prescribed rules, requiring prior anaesthesia and in the least painful and quickest way possible. Exceptions are fishing and hunting.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

Cyber grooming or child grooming on the Internet is a criminal offence. It is sometimes also called grooming.

It concerns cases where an adult seeks contact on the internet with a minor – or even people he or she thinks are minors – with the idea of committing or facilitating an offence against this minor. Often this will be in the sexual sphere, but the penal provision does not impose a condition of sexual intent.

It is required that this adult lies about his identity and/or age (or deliberately withholds them), puts pressure on the child to keep the conversations secret, offers or promises the child a gift and/or uses another ruse. It is not necessary that all conditions are fulfilled to be punishable, only one of the requirements is sufficient to be punishable.

It is not necessary that the online conversations lead to an encounter to be punishable.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

Both inciting, facilitating and favouring lewdness or prostitution are punishable. Prostitution does not always have to involve a sexual relationship between the two persons. It may also involve a person allowing himself to be touched in return for payment. Fornication is a broader concept than prostitution and includes all immoral acts that cannot be described as prostitution. The corruption of youth is the result of this prostitution or fornication. It is not required that the perpetrator knew the age of the underage victim.

It is required that the perpetrator with the behaviour wanted to satisfy sexual urges of someone else. This other person can be either a third party or the minor himself. For example, it is punishable to give two minors the opportunity to engage in sexual acts with each other, even if they themselves had the desire to do so.

A number of acts that are considered to be corruption of youth and prostitution are attending lewdness or prostitution of a minor, inciting lewdness and advertising an offer of services of a sexual nature.

This penal provision does not cover sexual conduct that is made or provoked to satisfy one’s own desires. There are other penal provisions for this, such as sexual assault and rape.

The age of the victim is an aggravating factor. The younger the victim, the more severe the punishment.

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

What exactly is slander and defamation?

In order to speak of slander or defamation, the criminal law requires several conditions to be met:

• The person spreading the false information must know that this information is false. Thus, there must be malicious intent and the one who spreads the information must have the intention to harm the other party.
• It must concern an allegation of a specific fact and therefore not a general insult
• The incorrect information must cause damage to the victim. This damage can be broadly interpreted. Anything that could harm someone’s good name qualifies.
• It must happen in public. So, if nobody else has heard or read the false allegation, there can be no question of slander or defamation.

Slander and defamation can be committed against a natural person as well as against legal persons.

Slander and defamation can be done verbally as well as in writing. When it is done in writing – for instance via social media (Facebook, Twitter, YouTube, etc.) – it is in fact a press offence. According to the Belgian Constitution, press offences fall under the exclusive competence of the Assize Court, as a result of which, in practice, attacks on one’s honour or reputation via writings or the Internet are not prosecuted. After all, the assize procedure is an extremely heavy procedure that is reserved for the most serious crimes (in practice, only murder). It is possible, however, to try to obtain compensation through the civil courts.

Finally, there is a distinction between slander and defamation, but this is mainly a legal technicality and not very important in practice. According to the criminal law, we speak of slander when it concerns false allegations of facts which the law permits to be proved. We speak of defamation when it comes to false allegations of facts which the law does not allow for. This distinction is purely legal and has no impact on penalties.

A specific case of defamation is the libellous report. In this case, someone spontaneously makes a malicious report of false facts allegedly committed by another person. This victim must be able to suffer a disadvantage as a result of this declaration. A report can only be defamatory if it is proven that the facts were false or if the alleged facts are impossible to prove.

The penalty for this offence varies depending on whether it is made orally or in writing and against whom (e.g. a public official).

For more information on this offence, a concrete sentence and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Defamation means that the perpetrator defames someone by accusing him or her of certain facts. This can be done through actions, words, gestures or threats. An important element is that the perpetrator must intend to be disrespectful to a person. Defamation can only be done against ministers, members of legislative chambers, holders of public authority or public power. Insulting private persons is not defamation but can constitute another offence.

Violence is inflicting blows on the protected persons. These protected persons are the ministers, members of legislative chambers, bearers of public authority or public power. For this crime to be committed, it is necessary that blows have been inflicted. Malicious intent is not required.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

Defensiveness is any attack or resistance by force or threat against a ministerial official, field or forest ranger, policemen, tax collectors, summonses and customs officers. This is only when they are acting in the performance of their duties, i.e. not ‘outside working hours’. The classic example is resisting arrest by the police.

The aggravating circumstances are the use of weapons, premeditation or if it is committed with several persons.

Fleeing, without using violence or threats, is not rebellion. Under Belgian criminal law, it is not an offence to run when arrested or when someone is in prison.

For more information on this offence, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

The deliberate destruction of and/or damage to goods is punishable. The law distinguishes between immovable and movable goods, but also between public and private property. A specific form of vandalism is the application of graffiti, which is always punishable without permission. Thus, there can be no discussion about whether graffiti is by definition damaging and/or affecting a property.

In addition, the legislator also has an eye for fauna and flora, by making the deliberate damage or destruction of trees and plants punishable, but also the poisoning of waterways.

There are some aggravating circumstances for the destruction and damage, such as the use of violence or threats, resulting in injury or death, and a discriminatory or racist motive.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

In Belgium there is still an absolute ban on the possession, use, trade, import and export of narcotics and psychotropic substances.

It is sometimes wrongly assumed that the possession of a small quantity of cannabis for personal use is not punishable. However, there is a policy of tolerance in Belgium, whereby under certain circumstances no prosecution takes place. According to the current guidelines, there is no prosecution for possession of up to 3 grams of cannabis or 1 plant, as long as there are no aggravating elements and/or disturbance of the public order. In practice, the police will only draw up an official report of the observation, seize the drugs and in some cases, an immediate collection (= fine) can be issued.

This tolerance policy does not apply to drugs other than cannabis, such as cocaine, XTC, MDMA and other synthetic drugs. So possession, even for personal use and in small quantities, will not automatically be ‘tolerated’.  Since the Royal Decree of 26 September 2017, the legislator has chosen to criminalise synthetic drugs at substance level. This means that the molecular composition of a drug is examined to determine whether something is punishable. This was introduced, since previously chemical composition had been looked at. This was exploited creatively by constantly adjusting the chemical composition of so-called ‘designer drugs’ in order to escape criminalisation. The legislator was always running behind the facts, but with this new Royal Decree this has been met. Simply adjusting the chemical composition of synthetic drugs is no longer sufficient to no longer be considered an ‘illegal drug’.

As soon as minors are involved, or if the trade or sale of drugs is involved, prosecution will take place. Then there is no tolerance policy, not even for cannabis. It is important to know that trafficking is a very broad concept and is not limited to ‘sale’. Giving drugs to another person, without receiving any consideration or payment for it, is also considered trafficking. Even letting another person use their own drugs is considered trafficking. So, if you smoke a joint and let someone else take a puff of it, this will strictly be seen as trade in narcotics.

The Narcotics Act provides for more favourable punishment for the possession or manufacture of drugs for personal use and/or for the sale of drugs for the sole purpose of financing personal use, unless this is accompanied by aggravating circumstances such as the involvement of minors or sales in association.

For more information on this offence, a concrete punishment and/or tailor-made advice, please contact our criminal lawyers at info@studio-penale.be.

Entering a port facility without authorisation or permission is punishable.

Increased sentences are foreseen if it takes place repeatedly, at night, with several persons, with the intention to cause damage or with the use of violence or threats.

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Exploitation of begging means that a person is induced to beg or a person is put at the disposal of a beggar to induce pity.

Begging itself is not punishable, only inciting or using/abusing others for begging.

Increased sentences are provided for using minors, abusing a vulnerable situation and using violence, threats or deception to force someone into begging.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

This penal provision is specifically about a (grand)parent who does not respect the access rights of the other parent.  So, it is about not respecting a judicial decision of the family judge. Encouraging the child not to respect the right of access or not trying in any way to convince the child to respect the right of access can also be punishable. Each case must be judged on its merits.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

False testimony involves making a false statement under oath, fraudulently and with the intent to cause harm. It is essential for this offence that the witness had to be under oath, i.e. that the testimony was preceded by the taking of the oath. This is the case, for example, with witnesses before the Assize Court. You can never make statements about yourself under oath as a suspect, as you have the right to lie about yourself without this being punishable.

It is important to know that false testimony is only punishable if this false testimony can cause damage. This damage is that the false testimony can influence the decision of the judge, such as falsely accusing someone or providing an alibi. As a witness you have the right to refuse to answer a question, this does not count as false testimony. False testimony is not only punishable in criminal cases, but also in civil cases.

A false testimony can still be withdrawn until the conclusion of the debates before the court where the testimony was given. If this happens, it can no longer be punished.

A false statement is different from testimony. If someone is called to give information only, he makes a statement. This witness does not have to take an oath. Because it is not under oath, the penalties are lower than for false testimony.

False statements are only punishable if they are made in criminal cases (most serious crimes, punishable by imprisonment for more than 5 years). False statements made in criminal cases or in police cases are therefore not punishable. The false statement is not punishable if made by a minor under 16 years of age or by relatives who make a false statement in favour of a relative.

Inciting to make a false testimony or statement is also punishable. This is officially called enticing witnesses.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Abandonment of the family means that financial maintenance is no longer paid to the beneficiary or beneficiaries. This includes, for example, the traditional maintenance for the ex-spouse and/or children, but also, for example, the parents’ obligation to contribute to the school fees of their children.

Family abandonment can only occur if there is a delay of more than two months after the judge has decided that this maintenance should be paid. Moreover, the debtor must be in default voluntarily, i.e. intentionally and knowingly. The two-month time limit does not apply if the court decision is still under appeal or even just possible.

The maintenance obligation towards these persons must arise from the law or from a court decision. For example, if a person voluntarily pays maintenance and has an agreement to do so, one cannot speak of family abandonment if they stop paying this maintenance.

For more information on this offence, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

In order to conclude that it is a case of forgery, it is necessary that the crime was committed with fraudulent intent and with the aim of causing damage. This is done by means of a written document, i.e. not verbally, which contains false information. This false information can be material or intellectual. Material means that a document has been forged or modified. Intellectual means that the information displayed on the document is knowingly false. An example of this is an invoice on which all kinds of services were included that were never actually provided, with the intention of making the other party pay more.

The criminal code provides for forgery of authentic deeds, private documents, bank documents, signatures, etc. There may be increased penalties depending on who is falsifying the document, such as a civil servant.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

A criminal organisation is an association of more than two persons. In it, the members conspire to commit crimes or misdemeanours punishable by imprisonment for three years or more. The persons in the association use violence, corruption or threats to do so and want to gain a financial advantage.

Essential to a criminal organisation is its organised character. It is an organisation in which there is a hierarchy and everyone has their own task or function within the organisation.

Every person involved is punishable as a member of the criminal organisation, even if the assistance provided is not in itself punishable. Consider, for example, the pub owner who makes his room available for meetings of the criminal organisation, knowing that they are committing criminal acts. The pub owner may then be punished as a member of a criminal organisation.

A distinction is made between the members and the executives of the criminal organisation, with the executives receiving heavier sentences.

Gang affiliation is the milder form of criminal organisation. It refers to any association whose aim is to carry out attacks on people or property. Being a member of these associations is also punishable. In order to be considered a member, it must be proven that the person knew about the criminal activities and that they committed an act to contribute to these activities. Unlike criminal organisations, mere membership without direct assistance is not sufficient to be convicted. Moreover, in the case of gang formation, it is not necessary for there to be an organised character.

In most cases, the formation of a gang will be an aggravating circumstance in another crime.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

Gross negligence is the failure to help someone who is known to be in great danger. It is necessary that one could effectively help the person in danger without being a danger to oneself or others. Providing incorrect, inadequate or clumsy assistance is not a culpable failure. After all, it is the intention that counts, which, according to the Court of Cassation, is defined as a deliberate and intentional indifference and/or selfish refusal to help. The failure to call the emergency services for someone in distress can also constitute gross negligence.

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Harassment means that a person is being harassed and is experiencing inconvenience as a result. The peace and quiet of this person is disturbed. What is important is that the perpetrator must have known or should have known that this behaviour would disturb the other person’s peace. An example of stalking is constantly calling a person, waiting for the victim, sending flowers all the time, harassing someone with e-mails or text messages, … . The behaviour does not have to be repeated, which means that even a single act can be experienced as stalking. For example, one letter or text message with a worrying content can already be seen as stalking.

In the case of stalking, the victim’s peace of mind must be disturbed. This is different from making the victim feel scared or threatened. Threatening someone is a more serious crime.

Whether something is experienced as stalking is subjective. What is experienced as stalking by one person may be perfectly acceptable to another. The judge must take into account the factual circumstances and the personality and attitude of perpetrator and victim.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers via info@studio-penale.be.

Concealment means hiding or helping to hide a person who you know is being prosecuted or convicted of a crime. It is therefore required that the person being hidden is wanted for a crime, which is the most serious category of crime. To be a crime, the crime must be punishable by a minimum sentence of 5 years’ imprisonment.

Hiding is not punishable if committed by a parent, child, sibling, relative or spouse.

It is not only the concealment of a person who has committed a crime or is suspected of having committed a crime that is punishable. Hiding the corpse of someone who has been killed or has died as a result of violence is also a criminal offence.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

To take someone hostage means that the victim is kidnapped and/or held against his will. The aim of the hostage-taking is to force other people to do something or not to do something, such as to facilitate a crime or to make them pay a ransom. If there is no threat or order, it is not a question of hostage-taking but of unlawful deprivation of liberty.

If the hostage is released voluntarily within five days of the arrest, detention or abduction, without the threat having been met, there will automatically be a reduction in sentence.  There will be an increased sentence if the hostage is a minor or if the hostage has suffered serious and/or long-term medical consequences or if torture is used.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers via info@studio-penale.be.

This means that substances (medicines, liquids, products, …) that can cause death or serious damage to health are administered to a person without the intention of killing that person. This is very similar to poisoning, but with poisoning there is an intention to kill. Poisoning is therefore equivalent to murder.

For more information about this crime, a concrete punishment and/or tailor-made advice, please contact our criminal lawyers at info@studio-penale.be.

This means deliberately inflicting blows or injuries on another living person. The term ‘blows and wounds’ is generally used, but it is not necessary that the blows cause an injury or that the injury sustained is the result of a blow. Although the penal code speaks of “blows”, this obviously also includes stomping, head-butting, knee-butting, …. A physical injury is not necessary either, it is sufficient that there is violent physical contact. Think, for example, of hitting someone with a phone book, in which case no external injuries can usually be determined.

Moreover, one blow or one injury is sufficient to be punishable, even though the law speaks of ‘blows or injuries’ in the plural.

There are penalty increases if there is a (long-term) incapacity of the victim, if there is premeditation, if very serious injuries are inflicted, if the violence is committed against a minor or other vulnerable person, if there is a racist or discriminatory motive, or if it is committed against educational personnel, a referee, government personnel, health care providers and social workers.

If the violence is committed by a parent, it is classified as intra-family violence (IFG). If the violence is committed against a partner with whom someone has a particularly affective and sexual relationship, it is also called intra-family violence or very specifically partner violence.

A specific form of intentional beatings and injuries is genital mutilation. The legislator only provides for a separate penalisation of mutilation of the genitals of a woman. Even if the woman in question gives her consent, the execution of the mutilation remains punishable. This particularly concerns (religious) female circumcision, which is absolutely prohibited in Belgium.

If the victim dies, it is called intentional beating or wounding, resulting in death, without the intention to kill. In short, unintentional manslaughter.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Abduction refers to the illegal forced removal of the child. For children under 12 years of age, the law states that even if the child voluntarily goes along with its abductor, this constitutes abduction and is therefore punishable.

Abstention means to keep back a minor who is known to have been abducted.

There is a reduction in sentence if the minor is returned voluntarily and within five days. Increased sentence is applicable if violence or threats are used. If the abduction or concealment results in a serious (permanent) injury or death of the child, the most severe penalties of the penal code are provided.

The crime of abduction and/or concealment (Articles 428-430 of the Criminal Code) of minors does not apply to the parents of the child. If one of the parents takes their own child abroad without the consent of the other parent or does not respect a visitation arrangement, this falls under other criminal provisions.

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

A landlord is suspected of taking advantage of a person’s vulnerable situation by selling, renting or providing housing in circumstances that would violate human dignity. In most cases, accommodation is made available at an excessively high price to people who are unable to assert their rights, such as illegal immigrants or other vulnerable persons. Whether or not there is a case of slumming is always a question of fact. We look at the housing quality standards and whether they are guaranteed. This often concerns houses with no or poor heating systems, problems with water, electricity and gas supplies, danger of fire or electrocution (e.g. exposed electricity cables), outdated and/or dilapidated houses, etc.

For more information on this crime, a concrete punishment and/or tailor-made advice, please contact our criminal lawyers at info@studio-penale.be.

Unintentional manslaughter:

If a person is killed due to lack of caution or precaution of another person, this person commits a crime. In this crime, there is no intention to kill the other.

Examples of this crime are falling asleep at the wheel and causing a fatal accident, a surgeon leaving an instrument in the body during an operation, non-compliance with legal and safety regulations resulting in a fatal accident, … .

If one only intended to hurt another, but e.g. in an argument or fight the victim dies, one speaks of intentional blows or wounds resulting in death, without the intention to kill. This is also unintentional manslaughter.

For more information on this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

Intentional manslaughter:

In order to speak of ‘intentional’ manslaughter, the victim must have been killed and the victim must have acted with the intention of causing this death. It is the intention to kill that will make the difference between an unintentional and intentional manslaughter.

If an intentional act of violence leads to someone’s death, without the perpetrator having intended this death, one speaks of intentional blows and wounds resulting in death (see further in list).

The difference between manslaughter and murder is in the premeditation. A murder is planned in advance – ‘premeditated’ – whereas manslaughter is an impulse. Manslaughter committed with a previously planned killing intention (‘premeditation’) is therefore qualified as murder (see further in list).

The intention to kill is a factual element that must be evident from the circumstances. Amongst other things, the degree of violence, the part of the body affected (e.g. the head or other vital parts), the possible statements made during or afterwards (“die!”), the duration of the violence, the objects or weapons used, etc. are taken into account.

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Murder is premeditated killing. The difference with manslaughter is that it is planned and not an impulse.

So, there must be an act that leads to death, where there is also an intention to kill and this intention to kill must have been planned beforehand. Both the intention and the premeditation are factual elements.

The intention to kill is a factual element that must be evident from the circumstances. In this respect, the degree of violence, the part of the body affected (e.g. the head or other vital parts), any statements made during or after the assault (“Die!”), the duration of the assault, any objects or weapons used, etc. are all taken into account.

The premeditation can be deduced from facts such as prior statements, bringing a weapon, luring the victim, preparing the location, … .

Murder is the most serious crime in our penal code and has several variants. Each can be punished with life imprisonment.

Parental homicide: the killing of a (grand)parent by the (grand)child

Infanticide: killing a child during or just after birth

Poisoning: killing someone by administering poison

Murder with racist or discriminatory motive: this is the killing of a person, motivated by his origin, orientation, descent, skin colour, nationality, gender, political convictions, … .

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Prisoner escape is an offence where a person helps a prisoner to escape. The act of escaping or escaping itself is not punishable as a prisoner, but the assistance given to it by someone else is.

The penalties are harsher for those responsible for guarding the prisoner, such as police officers and jailers. There is also an increased penalty if the assistance to escape is accompanied by violence, threats or breaking and entering. Even if the escape is not effective, the assistance remains punishable.

For more information on this crime, a concrete punishment and/or tailor-made advice, please contact our criminal lawyers at info@studio-penale.be.

The Belgian weapons law distinguishes between different situations with regard to the possession of weapons.

According to the law, there are some absolutely forbidden weapons, of which any possession, trade, purchase and/or transport is forbidden. The following weapons are always forbidden: mines, firearms, military weapons, jumping knives, butterfly knives, folding knives, punching clubs, truncheons, current weapons (tasers), throwing knives, nunchakus, automatic rifles, rifles with silencers.

All firearms that are not prohibited always require a licence. Exceptions are weapons with folkloric, historical or decorative value. All other firearms are only allowed without a licence if they have been rendered unusable.

The fact that a weapon is not prohibited does not mean that you can always carry it around. Anyone who carries a freely available firearm must have a valid reason for doing so. For example, a fishing knife is not prohibited, but you may only carry it when you go fishing. Going to a café with a fishing knife, although not a prohibited weapon, is prohibited weapon possession. It is therefore forbidden to walk around with knives, baseball bats and/or implements that can be used as weapons (hammer, axe, …) without any valid reason.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Officially called public indecency, the crime is popularly known as public indecency.

It involves the violation of “good morals”. This can be done through songs, texts, images, films and photographs, but also through actions.

The concept of ‘public morals’ is open to interpretation. It will be up to the judge to decide whether something is acceptable in today’s society. It is important to note that the Court of Cassation has long recognised that this is an evolving concept. Something that would have been immoral 10 years ago is not necessarily so today. One must look at what is acceptable within society at that time. The fact that some songs or cartoons are experienced as immoral by a group of people does not mean that this is not socially acceptable. Moreover, an absence of fundamental human rights such as the right to free expression and self-expression must always be taken into account. Think, for example, of the topless demonstrations by certain interest groups.

It is not necessary for nudity to violate public morals. Not even when performing acts. The classic example of showing one’s genitals will in most cases constitute public indecency, but making obscene (sexual) gestures can also violate decency. The main difference between public indecency and indecent assault is that indecent assault requires physical contact.

It is not required that the target of the acts files a complaint to be punishable.

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Indecent exposure means committing an act of a sexual nature against a person or with the help of a person who does not consent to it. This is for example the unwanted touching of a person or unwanted kissing of a person. It is required that the act contains a sexual aspect. The latter is a factual matter. In some cases, there will be little discussion, for example touching someone’s breasts or bottom without permission. Other cases must be judged within the context. Think for example of standing very close together during a concert or on a crowded bus. If this occurs without any sexual connotation on the part of the ‘offender’, this will not constitute indecent assault. However, if someone consciously seeks out such situations, deliberately singling out a particular person in order to make physical contact in order to fulfil their own sexual desire, this could be considered indecent assault.

It is necessary that there be a physical assault. Words or, for example, voyeurism are not indecent assault, but can be covered by another crime. There does not necessarily have to be a touching of the body. Forcing the victim to undress and show his/her genitals is also sexual assault.

There is an increased penalty if it is committed on a minor, with blood relatives and/or if violence or threats are used. For offences committed against a minor, the judge may also decide that the offender may not, for a specified period, exercise a profession or engage in an activity in which he or she comes into contact with minors (teacher, scoutmaster, coach of a youth sports team, etc.).

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Rape differs from indecent assault in that it involves penetration. It involves vaginal, anal or oral penetration with a body part or object. Both women and men can therefore be victims and/or perpetrators.

The law states that there must be penetration of the victim. Thus, if a victim is forced to penetrate the perpetrator – for example, a man who is forced to be orally gratified – this is not rape according to the law. However, not all judges agree. Moreover, it is not the case that it would therefore not be punishable. A different qualification would be used (degrading treatment or assault, for example).

For every sexual act, it must be checked whether there was consent. For example, just because someone consents to oral sex, it does not mean that he or she also consents to vaginal sex. The Belgian courts also ruled that so-called ‘stealthing’, where the condom is removed secretly and without the consent of the other party during intercourse, also constitutes rape.

Finally, there must be a sexual aspect to it; the perpetrator must have a sexual intention. Penetrating a victim in order to belittle him, to mistreat him or to make him tell certain things is therefore not considered rape. These are other crimes, such as beatings and injuries, inhuman treatment or torture.

The aggravating circumstances for rape are the victim’s minority or vulnerability, the victim’s death, the use of threats with a weapon, the deprivation of liberty and/or the (family) authority over the victim.

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Seal breaking is the breaking of an official seal by an unauthorised person. Think for example of a house sealed by the police or a judge. Both the person who breaks the seal and the person who was supposed to ‘keep’ the seal can be punished.

The mere breaking or removal of a seal is sufficient to be punishable; it is not necessary that the sealed premises were subsequently entered or that any other action was taken.

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Fraud and deceit are attempts to obtain property belonging to another person by using fraudulent means or by abusing someone’s trust or credulity. This can be done, for example, by using a false name, presenting oneself as someone else, pretending to have a certain function or profession, using false documents, … . Using a lie to get something handed over is not enough to be considered fraud, there must also be an additional act that makes this lie credible and/or strengthens it.

Cheating or swindling occurs when someone sells something, but fraudulently delivers another product and/or is dishonest about the product. Also charging for more hours than actually worked under a contract is considered cheating.

Specific forms of fraud are what is known as ‘shoplifting’, whereby a person consumes a drink or meal in an establishment or spends the night in a hotel and then leaves without paying. Similar to this is filling up a tank without paying afterwards, which is also qualified as cheating and not as theft.

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

The Belgian Criminal Code defines terrorism as an act that can seriously damage a country or an international organisation and which is deliberately committed with the aim of seriously frightening a population or unlawfully compelling the government or an international organisation to perform or refrain from performing an act, or seriously disrupting or destroying the basic political, constitutional, economic or social structures of a country or an international organisation.

Terrorism can take the form of various offences, such as manslaughter, beating and wounding, kidnapping, arms trafficking, etc. It is not so much the crime that causes something to qualify as terrorism, but the intention (“the motive”) behind the crime.

The Belgian criminal code, following the European directives, provides for a very broad punishment for terrorism. Thus, it is also punishable to be a member of a terrorist organisation, to provide material, logistic or financial assistance to a terrorist organisation, to promote and/or incite terrorism, to recruit members of a terrorist organisation, to train members of a terrorist organisation, … .

For more information on this offence, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Theft is the fraudulent taking of an object from another person against the owner’s will. Theft is also the taking of an object from another person for the purpose of using it, even if the object is returned.

Theft between spouses and between (grand)parents and their (grand)children cannot be prosecuted. Unless the person who takes the object abuses a vulnerability of the victim, such as advanced age, an illness or a mental defect.

A special form of theft is the theft of a house or a wage, where an employee steals or withholds things in the course of his work.

One speaks of extortion if the perpetrator does not steal anything himself but forces or threatens someone to hand something over or sign something.

The aggravating circumstances for theft are the use of violence, threats, burglary, an escape vehicle, a weapon, poisons to make someone defenceless and/or if the theft is committed at night, with several perpetrators at the same time, by a public official or by posing as a public official. Also aggravating is when the victim is seriously and/or permanently injured, dies or is tortured.

When someone is killed with the intention of stealing something from him or her, or to hide the fact that something was stolen, this is called robbery homicide.

For more information on this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

The offences of degrading treatment, inhuman treatment and degrading treatment are 3 crimes that are in line with each other. The difference lies mainly in the seriousness of the acts and the intention behind them.

Degrading treatment – or inhumane treatment – is any serious affront to or violation of human dignity.

Inhumane treatment is the deliberate infliction of serious physical or mental suffering in order to obtain information, extract confessions, exert pressure or intimidate.

Torture is the same as inhumane treatment, the difference being that the treatment causes severe pain or terrible physical or mental suffering. It is therefore one degree higher than inhuman treatment.

Torture and inhumane treatment carry very heavy penalties.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

Trafficking in human beings is the recruitment, transportation, transfer, harbouring and receipt of a person in order to exploit him/her, to employ him/her in conditions contrary to human dignity, to have his/her organs or tissues removed or to commit a crime against his/her will. The law explicitly mentions exploitation in the context of begging, prostitution and other forms of sexual exploitation as motives for trafficking in human beings. Even if the persons being exploited give their consent, it is still trafficking and therefore punishable.

The offence is very broadly defined, so that in practice any person who has cooperated in any way with the exploitation of other people falls within the scope of the criminalisation.

Increased penalties are provided for if minors and/or vulnerable persons are involved, if violence or threats are used, if the victim is put in serious danger or suffers serious injury, if it causes the death of the victim and if the trafficking is part of a criminal organisation.

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

This means that an outsider intrudes into a computer system without being authorised to do so. This crime is better known as hacking. The violation of an access authorisation by an insider is also considered hacking.

Simply entering a computer system without authorisation is punishable, even if the intruder only wants to test whether he can gain access. Breaking in to expose security shortcomings is also punishable, unless prior permission has been obtained from the owner of the IT system (‘ethical hacking’).

As soon as data is actually edited, removed, added, copied or damaged, a heavier penalty will be imposed. This increase applies even if the damage to data is unintentional.

The attempt to break into a computer system will be punished just as severely as actually gaining access. Also punishable is anyone who orders hacking and/or anyone who uses data that he or she knows was obtained through hacking.

For more information on this offence, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.

If a person is killed or injured due to the lack of caution or precaution of another person, this person commits a crime. In this crime, there is no intention to kill or injure the other. What is important is that there is an act of carelessness.

Examples of this offence are falling asleep at the wheel and causing an accident with injuries, a surgeon leaving an instrument in the body during an operation, non-compliance with legal and safety regulations resulting in an accident, … .

For more information about this crime, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at info@studio-penale.be.

In legal terms, the terms ‘unlawful deprivation of liberty’ and ‘invasion of the home’ are often used. Unlawful deprivation of liberty means that someone is deprived of liberty against his will and without any lawful reason. A deprivation of liberty always requires a legal basis, such as an arrest warrant. Domestic theft – also known as ‘housebreaking’ – means that someone enters another person’s home without being authorised to do so. This is a very specific crime in which someone merely enters the home of another without authorisation or, for example, a search warrant.

In most cases, the invasion of the home is an aggravating circumstance in a theft. This is referred to as theft by breaking and entering, climbing in or forging keys. It will then not be prosecuted as a separate crime.

For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers via info@studio-penale.be.

Voyeurism is a relatively new offence, which has been created to compensate for the limitations of indecent assault. In the case of indecent exposure, it is required that the victim is physically attacked. This is not necessarily the case when someone is unwittingly being watched.

Voyeurism is the sneaking peek at people in a place where their privacy should be protected and where these people can wholly or partly bare themselves or perform sexual acts without interruption. This observation can be done directly or by means of a tool (camera, mobile phone, tape recorder, …). It does not necessarily have to be a visual observation; a surreptitious sound recording of persons performing a sexual act also falls under voyeurism.

It is important that the victim in question has no consent and no knowledge of the observation. Observing a person naked in a public sauna will therefore not constitute voyeurism. It is different if someone starts secretly filming in a public sauna, as no consent can be presumed for this.

Finally, there is another special form of voyeurism, so-called ‘revenge porn’. It is possible for someone to film another person with permission while they are bared and/or performing sexual acts. This does not mean that these images or sounds can be made available or distributed just like that afterwards. Again, explicit permission is required for this. The legislator mainly meant the situations where someone sends an explicit picture to another person in full consciousness and where this picture is sent on to a third party afterwards. Or the situations of partners who make images of their love game in mutual consent and where these are subsequently shared with others by one of the partners without the approval and/or knowledge of the other. Permission to film someone or receiving an explicit photo of someone does not mean that this may simply be distributed further. Permission is needed again, otherwise this is criminal behaviour.

Voyeurism carries a heavier penalty if the victim is a minor.

For more information about this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at info@studio-penale.be.