Belgium Harmonizes Criminal Procedure Legislation in Line with New Penal Code
On 5 September 2025, the Belgian Council of Ministers approved two preliminary draft laws aimed at aligning the legislation on criminal procedure with the new Penal Code of 29 February 2024. These drafts were proposed by the Minister of Justice, Annelies Verlinden, and are essential for the seamless implementation of the new Penal Code, set to enter into force on 8 April 2026.
Key Objectives of the Draft Laws
- Adaptation of Existing Laws: The first draft law seeks to modify the Preliminary Title of the Code of Criminal Procedure, the Code of Criminal Investigation, and the law on preventive detention to ensure consistency with the new Penal Code.
- Alignment of Federal Legislation: The second draft law focuses on adjusting existing federal legislation under the jurisdiction of the Justice Department to align with the principles introduced by the new Penal Code.
Nature of the Modifications
The proposed changes are primarily technical, involving updates to references, conversion of penalties to the new levels established by the Penal Code, and harmonization of terminology. These adjustments are crucial for maintaining legal coherence and ensuring that the criminal justice system operates effectively under the new legal framework.
Next Steps
The preliminary draft laws have been transmitted to the Council of State for further review and advice. Stakeholders in the legal and judicial sectors are encouraged to stay informed about these developments to ensure a smooth transition to the updated legal framework.
For more detailed information, refer to the official communication from the Belgian government.
