Hate crime legislation in Belgium
Criminal Code of Belgium
(excerpts related to Hate Crimes) (English)
(unofficial translation)
Criminal Code (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
Comments on other relevant articles
1) Aggravating circumstance
An aggravating circumstance, which increases or might increase the sentencing, has been provided for in the Criminal Code for an exhaustive list of offences where one of the motives of the perpetrator of the said crime or wrongdoing is hatred of, contempt for or hostility to a person on the basis of one of the legally protected characteristics.
This aggravating circumstance is mentioned in the following articles of the Criminal Code: articles 405quater, 417/20, 422quater, 438bis, 442ter, 453bis, 514bis, 525bis, 532bis and 534quater. Articles 405quater and 417/20 contain a compulsory aggravating circumstance, while the other articles provide for an optional aggravating circumstance.
Criminal offence | Article(s) containing the offence | Article providing for the aggravating circumstance |
Manslaughter | Art. 393 | Art. 405quater |
Assault and battery | Art. 398, 399, 400, 401, 405bis | Art. 405quater |
Deliberate administration of substances that can cause death or serious damage to health | Art. 402, 403, 404, 405, 405bis | Art. 405quater |
Violation of sexual integrity | Art. 417/7 | Art. 417/20 |
Voyeurism | Art. 417/8 | Art. 417/20 |
Non-consensual dissemination of sexually explicit content | Art. 417/9 | Art. 417/20 |
Non-consensual dissemination, with malicious intent or for profit, of sexually explicit content | Art. 417/10 | Art. 417/20 |
Rape | Art. 417/11 | Art. 417/20 |
Culpable negligence to provide assistance to someone in great danger | Art. 422bis | Art. 422quater |
Culpable negligence to provide assistance | Art. 422ter | Art. 422quater |
Arbitrary arrest and detention (by special persons) | Art. 434 tot 437 | Art. 438bis |
Violation of domicile (by special persons) | Art. 439 tot 442/1 | Art. 438bis |
Stalking | Art. 442bis | Art. 442ter |
Assault on the honour or good name of persons (libel, defamation) | Art. 443 tot 452 | Art. 453bis |
Desecration | Art. 453 | Art. 453bis |
Arson | Art. 510 tot 514 | Art. 514bis |
Destruction of constructions, steam engines and telegraph equipment | Art. 521 tot 525 | Art. 525bis |
Destruction or damage to edibles, merchandise or other movable property | Art. 528 tot 532 | Art. 532bis |
Graffiti and damage to real-estate | Art. 534bis en 534ter | Art. 534quater |
2) Aggravating factor
In addition, a general aggravating factor is provided for all offences, except in cases where the discriminatory motive constitutes an aggravating circumstance. Where one of the motives is hatred of, contempt for or hostility to a person on the basis of one of the protected characteristics, the court must take this factor into account when choosing the punishment or measure and its amount, without, however, being able to impose a higher punishment than the maximum penalty laid down for the offence.
This general aggravating factor was introduced in article 78ter of the Criminal Code by the law of 6 December 2022.