Criminal Code of Belgium (excerpts)

Art. 78ter. (L 2022-12-06/02, art. 26, 152; Effective as of: 12/31/2022) [1 The discriminatory motive of the perpetrator is an aggravating factor for all offenses except in cases where the law makes the discriminatory motive an aggravating circumstance. An offense is deemed to have been committed with a discriminatory motive when one of the motives of the perpetrator is hatred, contempt or hostility towards a person because of their alleged race, color of skin, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union membership, a physical or genetic characteristic or of its social origin and condition, whether this characteristic is actually present or only assumed by the perpetrator to be present.

The same applies when one of the perpetrator's motives consists of a link or supposed link between the victim and a person towards whom he harbors hatred, contempt or hostility for a or more of the real or supposed characteristics set out in paragraph 2.]1

(1) Enacted by L 2022-12-06/02, art. 26, 152; Effective as of: 12/31/2022

 

Art. 405 quater. 1 [2 When one of the motives of the perpetrator is hatred, contempt or hostility towards a person because of their alleged race, skin color, ancestry, national origin or ethnicity, nationality, gender, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, state civil, birth, age, heritage, religious or philosophical conviction, state of health, a disability, their language, their political conviction, their trade union conviction, a characteristic physical or genetic or of his social origin and condition, whether this characteristic is present actual manner or only supposed by the author]2, the penalties will be as follows:

1° in the cases referred to in article 393, the penalty will be life imprisonment;

2° in the cases referred to in articles 398, 399, 405 and 405bis, 1° to 3°, the maximum prison sentence carried by these articles will be doubled with a maximum of five years and the maximum penalty of fine will be doubled with a maximum of five hundred euros;

3° in the cases referred to in articles 400, paragraph 1, 402 and 405bis, 4°, the penalty will be imprisonment of five to ten years;

4° in the cases referred to in articles 400, paragraph 2, 401, paragraph 1, 403, 405bis, 5° and 9°, the penalty will be imprisonment from ten years to fifteen years;

5° in the cases referred to in articles 401, paragraph 2, 405bis, 6°, 7° and 10°, the penalty will be imprisonment for fifteen years to twenty years;

6° in the cases referred to in articles 404, 405bis, 8° and 11°, the penalty will be imprisonment of twenty years to thirty years.]1

[2 The same applies when one of the perpetrator's motives consists of a link or supposed link between the victim and a person towards whom he harbors hatred, contempt or hostility for one or more of the real or assumed characteristics set out in paragraph 1.]

(1)<L 2013-01-14/06, art. 2,089; Effective as of: 10-02-2013>

(2)<L 2022-12-06/02, art. 27, 152; Effective as of: 12/31/2022>

 

Art. 422 quater. Enacted by : L 2007-05-10/35, art. 33, 064; Effective as of : 09-06-2007
— In the cases stipulated in Articles 422bis and 422ter, [NON-ASSISTANCE TO A PERSON IN DANGER] the minimum correctional penalties imposed by these articles may be doubled [2 when one of the perpetrator's motives is hatred, contempt or hostility towards a person because of their alleged race, skin color, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union membership, physical or genetic characteristic or their origin and social condition, whether this characteristic is actually present or only assumed by the perpetrator to be present.]2

[2 The same applies when one of the perpetrator's motives consists of a link or supposed link between the victim and a person towards whom he harbors hatred, contempt or hostility for one or more of the real or supposed characteristics set out in paragraph 1

(1) L 2009-12-30/01, art. 111, 074; Effective as of: 31-12-2009

(2) L 2022-12-06/02, art. 31, 152; Effective as of: 31-12-2022

 

Art. 438 bis. Enacted by: L 2007-05-10/35, art. 36, 064; Effective as of: 09-06-2007
— In the cases stipulated in this article, [VIOLATION OF PERSONAL LIBERTY AND PERSONAL PROPERTY] the minimum correctional penalties imposed by these articles may be doubled in the case of correctional penalties and increased by two years in the case of imprisonment [2 when one of the motives of the perpetrator is hatred, contempt or hostility towards a person because of their alleged race, skin color, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union membership, a physical or genetic characteristic or their origin and social condition, whether this characteristic is actually present or only assumed by the perpetrator to be present.]2

[2 The same applies when one of the perpetrator's motives consists of a link or supposed link between the victim and a person towards whom he harbors hatred, contempt or hostility for one or more of the real or supposed characteristics set out in paragraph 1.

(1) L 2009-12-30/01, art. 111, 074; Effective as of: 31-12-2009

(2) L 2022-12-06/02, art. 31, 152; Effective as of: 31-12-2022

 

Art. 514 bis. Enacted by: L 2007-05-10/35, art. 39, 064; Effective as of: 09-06-2007
— In the cases stipulated in Articles 510 to 514 [ARSON], the minimum correctional penalties imposed by these articles may be doubled in the case of correctional penalties and increased by two years in the case of imprisonment [2 when one of the motives of the perpetrator is hatred, contempt or hostility towards a person because of their alleged race, skin color, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union membership, a physical or genetic characteristic or their origin and social condition, whether this characteristic is actually present or only assumed by the perpetrator to be present.]2

[2 The same applies when one of the perpetrator's motives consists of a link or supposed link between the victim and a person towards whom he harbors hatred, contempt or hostility for one or more of the real or supposed characteristics set out in paragraph 1.

(1) L 2009-12-30/01, art. 111, 074; Effective as of: 31-12-2009

(2) L 2022-12-06/02, art. 31, 152; Effective as of: 31-12-2022

 

Art. 532 bis. Enacted by: L 2007-05-10/35, art. 41, 064; Effective as of: 09-06-2007
— In the cases stipulated in Articles 528 to 532, [DESTRUCTION OF PERSONAL POSSESSIONS OR PROPERTY; THREATS; PHYSICAL ASSUALT; MURDER] the minimum correctional penalties imposed by these articles may be doubled in the case of correctional penalties and increased by two years in the case of imprisonment [2 when one of the motives of the perpetrator is hatred, contempt or hostility towards a person because of their alleged race, skin color, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union membership, a physical or genetic characteristic or their origin and social condition, whether this characteristic is actually present or only assumed by the perpetrator to be present.]2

[2 The same applies when one of the perpetrator's motives consists of a link or supposed link between the victim and a person towards whom he harbors hatred, contempt or hostility for one or more of the real or supposed characteristics set out in paragraph 1.

(1) L 2009-12-30/01, art. 111, 074; Effective as of: 31-12-2009

(2) L 2022-12-06/02, art. 31, 152; Effective as of: 31-12-2022