Act to make justice more humane, faster and more punitive III - an overview of what is changing
On Jan. 18, 2024, the Act to make justice more humane, faster and punitive III was passed. Based on this law, several legislative changes will be made.
For the purposes of this contribution, we would like to provide an overview of some of the changes that - as far as the vast majority are concerned - are as of February 5, 2024 in force."
Amendments to the Code of Criminal Procedure.
In terms of criminal procedural law, the following changes can be noted:
- Until recently, only in the case of certain crimes could a psychological examination be ordered. Now such can happen regardless of the crime committed.
- Second, a legal basis is provided for a recovery process. Such pathways were already imposed at the local level, in Antwerp and Ghent for example, but are now possible everywhere, for defendants who, among other things, do not deny the facts, recognize their problems and are motivated to work on their problems.
- Third, a very comprehensive fast-track procedure introduced, which will most certainly provide fodder for discussion.
Amendments to the Criminal Code
The Criminal Code is amended in the following ways:
- Regarding this code, first of all, the concept of 'autonomous probation sentence' concretely defined.
- In addition, the armed forces of a party to an armed conflict can be more easily prosecuted and convicted as terrorists. The old Article 141bis meant, after all, that armed forces could practically never be labeled terrorists simply because they were participating in an armed conflict. Now this will be different. Indeed, armed forces can be prosecuted as terrorists as of Jan. 28, 2024, exceptWhen participating in a conflict and their actions are in line with the law of war. The latter condition in particular is new and means that many more combatants could be exposed to prosecution for terrorist crimes.
- Third, it will armed recalcitrance be punished more severely. In addition, in the context of a whole host of other crimes, whether they were committed in the presence of a minor will have to be taken into account in determining (the severity of) the punishment.
- Fourth, the legislature has also placed greater value on the more severe punishment of offenders who commit certain crimes with respect to specific professional groups, such as bus drivers, jailers, firefighters, journalists and lawyers, among others.
- Furthermore, two entirely new crimes are also created: the throw up of objects, over prison walls, among other things, and intentionally possessing or equipping a vehicle with a hidden space.
- Fifth, the legislature is still amending the provisions regarding the various money laundering crimes. Thus, certain entities and their directors, appointees and agents remain exempt from punishment (with respect to the first and third money laundering offenses) when they have complied with the laws and regulations regarding the fight against tax fraud.
Amendments to the Provisional Detention Act.
Regarding the Law on Provisional Detention, one important change can be noted.
Thus, the person who at the time of the settlement of justice (read: the conclusion of the judicial investigation), who at that same time is already (and still is) free under conditions, will be able to face a situation in which the council chamber maintains the conditions in force to the decision on the merits has become res judicata.
More specifically, this means that if one is still living under conditions as a suspect at the end of the investigation, one can have those terms extended can be seen for months and possibly even years (given that the conditions will automatically continue until all appeals have been exhausted), whereas until the law was changed, those conditions had to be extended every three months by the correctional court, following a request to do so by the prosecution.
Now one can thus only be released from these conditions - which, for the sake of clarity, still constitute a restriction of liberty - by filing a petition with the correctional court, to which the council chamber has referred the case. In other words, the periodic review of the conditions falls away.
Such a situation involves undue pressure in several ways, not least because an accused (who is still under conditions at the time of sentencing) may now possibly make peace with one sentence or another simply to get rid of his conditions and not because he considers that sentence to be correct.
Drug Law Amendments.
Finally, the Drug Law is also being poignantly amended in the sense that, for example, the landlord of a shed or house (in which drug activities take place without his knowledge) may now suddenly also be faced with a situation in which the Public Prosecutor's Office requests the allocation of that shed or house to the Belgian State.
While the law provides that the rights of third parties must be respected in good faith, this change in the law will still mean that people who often already have to go to great lengths to restore their property to its original condition will also have to intervene in criminal proceedings to prevent their real estate forfeited and would suddenly belong to the Belgian State.
How these and other changes (not discussed in this post) will have an effect in practice, we will of course follow up.
In case you already have questions about these changes or about criminal (procedural) law in general? Our experts will gladly inform you! Contact us via info@bannister.be or by calling 03 369 28 00.
