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White-Collar Crimes on the Rise in Belgium
Belgium has seen a significant increase in investigations and prosecutions of white-collar crimes, particularly in the construction, transportation, and financial sectors. The country’s professional speak-up culture and the new Belgian Whistleblowing Act have boosted efforts to combat corruption, fraud, modern slavery, and workplace misconduct.
Whistleblower Protection
The Belgian Whistleblowing Act, which came into effect in February 2023, protects whistleblowers who report wrongdoing in a work-related context. Companies are now obligated to set up reporting channels and procedures to deal with whistleblower reports, failing which they may face administrative fines or criminal penalties.
Rise of Cross-Border Investigations
The European Public Prosecutors Office (EPPO) has launched numerous cases in Belgium targeting customs duty evasion, fraud affecting EU financial interests, and specific types of VAT-fraud. The EPPO’s activities have led to an increase in cross-border investigations and prosecutions, often involving multiple jurisdictions.
Sanctions Enforcement
The EU has reached political agreement on a new directive harmonizing criminal law standards and penalties for sanctions violations across the bloc. This development comes as companies face increasing pressure to comply with rapidly evolving sanctions laws.
Prosecutorial Focus on Social Fraud and Modern Slavery
Belgian authorities are intensifying their scrutiny of social fraud, social dumping, and modern slavery in various sectors. Large-scale investigations and prosecutions often involve allegations of serious criminal offenses, such as participating in a criminal organization or aiding human trafficking.
Law Reforms Impacting Corporate Criminal Liability
A proposed new code of criminal law introduces significant changes to Belgian substantive criminal law rules, including revised penalties for existing offenses and the introduction of new crimes like “ecological damage.” Companies must adapt to these changes to avoid potential legal consequences.
Environmental Law Enforcement
The EU has recently agreed on a proposal for a new directive on environmental protection through criminal law. This development is expected to lead to increased enforcement against companies accused of greenwashing or failing to meet environmental standards.
Predictions for 2024
Experts predict that Belgian authorities will focus on combating social fraud, modern slavery, and environmental crimes in the coming year. Companies must remain vigilant and adapt to changing regulatory landscapes to avoid legal consequences.
This article is part of our ongoing coverage of white-collar crime and investigations across Europe. Stay tuned for more insights from our experts.