Is Flanders ready for Belgium’s new Criminal Code?
Belgian courts, prosecutors and lawyers in Flanders say they are substantially better prepared for the new Criminal Code to take effect on 1 September, although they warn that its first use in real cases will expose unresolved transition problems.
The code will influence charging decisions, trials and sentencing throughout Belgium. Its transition rules will be especially important in cases where alleged conduct predates 1 September, because judges may need to compare the old and new provisions and apply the more favourable criminal rule.
Belgian courts, prosecutors and bar associations across said this week that they are broadly ready to apply when it enters into force nationwide on 1 September, five months after the original deadline was abandoned over operational and legal concerns. Their message, gathered by from every Flemish province, is reassuring but qualified: training has advanced and supporting legislation is clearer, yet the first hearings under the new system will be the real test.
That matters immediately to defendants, victims and legal professionals throughout . 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. 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 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 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 lawyer Filip De Reuse described the change to 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 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 had previously defended the April timetable, while acknowledging concern within the judiciary. The federal Justice Department later said the additional period was needed by courts and federal and regional institutions and that work on case-management, detention and criminal-record systems remained on schedule.
has a distinct role because criminal law is federal but important parts of implementation are regional. supervise work and probation sentences, while Flemish rules on youth delinquency and administrative enforcement contain references that must match the new federal terminology. The , acting through ministers Zuhal Demir and Caroline Gennez, approved changes intended to preserve the existing scope of youth measures; the 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 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.
Impact
Regional — Flanders must align its youth-justice, administrative-enforcement and related decrees with the federal code. Flemish justice houses will also execute several non-custodial sentences ordered under the new framework.
What it means for you
From 1 September 2026, anyone involved in a Belgian criminal case—including defendants, victims and employers dealing with proceedings—should expect charges and sentencing to be assessed under the new framework. If the alleged conduct occurred before that date, legal counsel may need to compare the old and new rules to identify the more favourable provision. Lawyers and organisations with compliance or enforcement responsibilities should update references to offence categories and penalties before September. People serving non-custodial sentences in Flanders may encounter implementation through the Flemish justice houses.
Opposing perspectives
- Court and prosecution leaders reporting readiness
Antwerp court spokesman Luc De Cleir, Antwerp prosecution spokeswoman Kato Belmans, Limburg prosecution spokeswoman Marijke Teunis and Leuven court president Miriam Schoors say their organisations completed substantial preparations, in some cases before the original April deadline. They regard the additional months as reinforcement rather than evidence that implementation remains unmanageable.
- Lawyers and prosecutors urging operational caution
West Flanders lawyer Filip De Reuse, prosecutor Vincent Remy and bar president Alain Vanryckeghem argue that training cannot reproduce the complexity of real cases. They expect uncertainty when courts compare old and new rules, interpret unfamiliar provisions and coordinate sentencing with the institutions responsible for execution.
- Federal implementation assessment
The Federal Public Service Justice says legislative harmonisation, IT adjustments and training have progressed and are on schedule. Its framing presents the postponement as targeted organisational space needed to complete a coherent launch rather than a retreat from the reform.
- Flemish Bar’s earlier warning
The Order of Flemish Bars supported postponement because late or incomplete changes to connected laws created risks of procedural mistakes and legal uncertainty. That position was more guarded than the government’s earlier insistence that the April deadline was achievable.
Who, where and what
Key people, places and terms in this story
Federal Justice Minister overseeing the implementation phase.
Country where the new Criminal Code will take effect nationwide.
Region adapting its justice-related decrees and services to the federal code.
Federal justice administration providing official information about the postponed commencement.
Regional legislature examining the alignment of Flemish rules with the federal code.
Show the full library (14)
Federal Justice Minister overseeing the implementation phase.
Country where the new Criminal Code will take effect nationwide.
Region adapting its justice-related decrees and services to the federal code.
Federal criminal-law reform entering into force on 1 September 2026.
Part of the new Criminal Code establishing general criminal-law rules and sentencing principles.
Part of the new Criminal Code defining criminal offences.
Federal justice administration providing official information about the postponed commencement.
Regional legislature examining the alignment of Flemish rules with the federal code.
Professional body informing Flemish lawyers about the code’s implementation timetable.
Regional executive amending Flemish rules, including youth-justice references.
Regional services responsible for executing several non-custodial sentences.
Federal legislative chamber associated with the Criminal Code reform.
News outlet reporting on Flemish readiness for the new code.
Belgian public-service news outlet covering the reform.
Sources & evidence
- View sourceHLNPrimaryprimary· hln.be· 24 August 2026Retrieved 27 August 2026· 39 days ago· Dated
- View sourceFederal Public Service Justiceofficial· justitie.belgium.be· 20 March 2026Retrieved 27 August 2026· 196 days ago· Dated
- View sourceOrder of Flemish Barscorroborating· ordevanvlaamsebalies.be· 19 March 2026Retrieved 27 August 2026· 197 days ago· Dated
- View sourceFlemish Parliamentofficial· vlaamsparlement.be· 1 July 2026Retrieved 27 August 2026· 93 days ago· Dated
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This briefing was prepared with AI assistance and reviewed by a Belgium Impulse editor before publication. methodology.