Navigating the reform of bankruptcy offences in Book II of Belgium’s New Criminal Code

Belgium is embarking on a significant overhaul of its Criminal Code, originally enacted in 1867, to better cater to modern legal requirements, with the new version slated for implementation on 8 April 2026. This reform is encapsulated in two comprehensive books: Book I, which details enhanced legal principles and penalties to guide judicial actions, and Book II, which provides a meticulously revised framework for specific criminal offences, particularly enhancing the clarity and accessibility of laws governing bankruptcy offences.

Key aspects of this pivotal reform include:

State of Bankruptcy: A novel approach empowers criminal courts to independently determine bankruptcy status, irrespective of enterprise court proceedings, facilitating more nuanced legal outcomes.

Revised Bankruptcy Offences: Offences have been strategically restructured into six categories, offering a clearer typology.

Penalties: The reform introduces more severe penalties for individuals and reduced penalties for legal entities.

For a thorough exploration of these changes and their implications, delve into our detailed publication, offering a comprehensive analysis and expert insights into Belgium's evolving legal landscape.