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Belgium Toughens Stance on White-Collar Crime with New Laws

A series of adjustments to Belgium’s criminal code has been implemented to tackle white-collar crime, specifically targeting corporate offenders. This second installment of our series examines the key changes that may impact businesses.

Forgery Gets Broader Definition

The definition of forgery has expanded to include any writing or durable medium of expression, regardless of whether it contains a report of fact with legal effect. This broadens the scope of forgery and makes it easier for authorities to prosecute cases.

Computer Forgery Now Included

The revised code now includes computer forgery within the general provision on forgery, covering both informatised and non-informatised mediums. Penalties are linked to the capacity of the offender, with no distinction made between types of writing.

Fraud Gets Simplified Definition

General fraud and computer fraud definitions have been aligned, and both will be punished equally with a level 3 penalty. The requirement for goods handover has been removed, making it sufficient that the offender intended to gain an undue economic advantage.

Private Corruption Punishments Eased

Bribery agreements are no longer considered aggravating circumstances, making it easier for judges and prosecutors to prove cases. Private corruption is now punishable with a level 2 penalty, with fines determined by expected or actual proceeds up to triple the amount.

Money Laundering Offences Toughened

The revised code includes all forms of tax fraud in money laundering offences, regardless of severity. Penalties for money laundering have increased, with a maximum fine of EUR 600,000 for legal persons and an optional additional fine up to EUR 2 million. Forfeiture of assets is also possible.

Conclusion

These changes aim to strengthen Belgium’s stance against white-collar crime and provide greater clarity for businesses operating in the country. If you require assistance navigating these new laws, please do not hesitate to contact us using the contact details below.