(unofficial translation, emphasis added)

Excerpts related to Hate Crime offences

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.417/20. ACTS OF A NON-CONSENSUAL SEXUAL NATURE COMMITTED WITH A DISCRIMINATORY MOTIVE 

[1 Acts of a non-consensual sexual nature where one of the motives is hatred, contempt or hostility towards a person by reason of that person's alleged race, colour, descent, national or ethnic origin, nationality, sex, pregnancy, [2 childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex reassignment, gender identity, gender expression, sexual characteristics]2, sexual orientation, marital status, birth, age, property, religious or philosophical conviction, state of health, disability, language, political conviction, trade union conviction, physical or genetic characteristic or social origin and status, whether actually present or merely assumed by the perpetrator, are punishable as follows: - offences against sexual integrity are punishable by imprisonment for between ten and fifteen years; - voyeurism is punishable by imprisonment for between five and ten years; - non-consensual distribution of sexual content is punishable by imprisonment for between ten and fifteen years; - the non-consensual distribution of sexual content with malicious intent or for profit is punishable by imprisonment for between ten and fifteen years and a fine of between two hundred and ten thousand euros; - rape is punishable by imprisonment for between fifteen and twenty years.
The same penalties shall be imposed where one of the perpetrator's motives is a link or supposed link between the victim and a person in respect of whom the perpetrator harbours hatred, contempt or hostility on account of one or more of the actual or supposed characteristics set out in paragraph 1.]1

(1) Enacted by L 2022-03-21/01, art. 22, 148; Effective as of: 01-06-2022
(2) L 2022-12-06/02, art.28, 152; Effective as of:31-12-202

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. 442ter. Enacted by: L 2007-05-10/35, art. 37, 064; Effective as of: 09-06-2007.
— In the cases provided for in article 442bis, [HARASSMENT] the minimum penalties provided for in that article may be doubled, [2 when one of the motives of the perpetrator is hatred, contempt or hostility towards a person on account of their alleged race, his or her skin colour, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex reassignment, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, disability, language, political conviction, trade union conviction, physical or genetic characteristic or origin and social status, whether such characteristic is actually present or merely assumed by the perpetrator]2.
[2 The same shall apply where one of the perpetrator's motives consists of a link or supposed link between the victim and a person in respect of whom the perpetrator harbours hatred, contempt or hostility on account of one or more of the actual or supposed characteristics set out in paragraph 1.]2

(1) L 2009-12-30/01, art. 113, 074; Effective as of: 31-12-2009
(2) L 2022-12-06/02, art. 31, 152; Effective as of: 31-12-2022

Art. 453bis. <L 2007-05-10/35, art. 38, 064; En vigueur : 09-06-2007 In the cases provided for in this chapter [ATTACKS ON A PERSON’S HONOUR OR REPUTATION], the minimum penalties provided for in 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 colour, descent, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex reassignment, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, disability, language, political conviction, trade union conviction, physical or genetic characteristic or origin and social status, whether such characteristic is actually present or merely assumed by the perpetrator]2.

[2 The same shall apply where one of the perpetrator's motives consists of a link or supposed link between the victim and a person in respect of whom the perpetrator harbours hatred, contempt or hostility on account of one or more of the actual or supposed characteristics set out in paragraph 1.]2

(1)<L 2009-12-30/01, art. 114, 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  

Art. 534quater. <enacted by : L 2007-05-10/35, art. 42 ; Effective as of: 09-06-2007 In the cases provided for by articles 534bis and 534ter, [GRAFFITI AND DAMAGE TO IMMOVABLE PROPERTY] the minimum penalties provided for by these articles may be doubled in the case of criminal penalties, and increased by two years in the case of imprisonment, [2 when one of the perpetrator's motives is hatred, contempt or hostility towards a person because of their alleged race, skin colour, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding or medically assisted procreation, parenthood, alleged sex reassignment, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, property, religious or philosophical conviction, state of health, disability, language, political conviction, trade union conviction, physical or genetic characteristic or social origin and status, whether actually present or merely assumed by the perpetrator]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 in respect of whom the perpetrator harbours hatred, contempt or hostility on account of one or more of the actual or supposed characteristics set out in paragraph 1]2.

(1) L 2009-12-30/01, art. 118, 074; Effective as of: 31-12-2009>
(2) L 2022-12-06/02, art. 31, 152; Effective as of: 31-12-2022>

Comments on the application of law:

The concept of “hate crime” refers to offences that are not specific to anti-discrimination legislation, where one of the motives (but not necessarily the only motive) of the perpetrator is hatred, contempt or hostility towards a person on the basis of one of the characteristics protected by the law. It does not matter whether or not the victim actually has one or more of the characteristics attributed to him or her by the perpetrator. This is referred to as a ‘discriminatory’ or ‘hateful’ motive. This motive will be taken into consideration regardless of the offence recorded or reported.
The characteristics protected by the law are: alleged race, skin color, descent, national or ethnic origin, nationality, gender (sex), pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, civil status, birth, age, assets/wealth, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union conviction, a physical or genetic characteristic and social origin or position.
The discriminatory motive is taken into account not only when the protected characteristic is actually present, but also when it is only assumed by the perpetrator. The same applies where one of the perpetrator's motives is rooted in an actual or perceived association between the victim and an individual towards whom they harbours hatred, contempt or hostility for one or more of the protected characteristics.  
Under Belgian law, a discriminatory motive constitutes an aggravating circumstance or factor

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.

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.

Revised joint Circular COL13/2013 from the Ministers of Justice, Home Affairs, the Secretary of State for Gender Equality, Equal Opportunities and Diversity, and the College of Prosecutors-general, on judicial anti-discrimination policy (including hate crimes, Holocaust denial and gender discrimination).

The new version of this Circular (dating from 2013) came into force on 22 April 2024 following a major revision. It is a comprehensive tool designed to standardise judicial policies to combat all types of discrimination. To this end, it provides a uniform framework and criteria for the consistent development of this policy on the ground. It covers both the criminal and civil aspects of anti-discrimination legislation and is aimed at public prosecutors and police forces, as well as Labour Auditorates and inspection services.