New Belgian Criminal Code tested on its first day in Mons during violence case
The new Belgian Criminal Code entered into force on 1 September and was immediately at the heart of a matter before the criminal court in Mons.
First case under the new Criminal Code in Mons: a Mons resident with a history of reoffending at the centre of proceedings
According to DHnet, the new Belgian Criminal Code, which entered into force on 1 September replacing the 1867 text, made its appearance on the first morning before the criminal court in Mons — in a matter involving a defendant from Mons already well known to the justice system.
The matter dates back to 3 July 2025. In the car park of the former Match supermarket in Mons, the defendant — who had just been released from prison — found himself in a fight with a man in a precarious situation. The elements of the case indicate that he was not under the influence at the time of the events, contrary to his opponent.
On 24 March 2026, the court had sentenced him in absentia to one year of imprisonment on the basis of the old Criminal Code, under article 392. The facts, classified as level 1 violence, were upgraded to level 2 due to reoffending. The defendant lodged an objection to this decision.
With the entry into force of the new Code, it is now article 194 which covers these facts. The judge must determine which of the two provisions — old or new — is more favourable to the defendant, in accordance with the principle applicable in the case of succession of criminal laws.
Me Kim Henrion, who is conducting the defence, pleaded for a sentence of autonomous probation. According to the defence, his client needs a framework and support rather than a return to detention.
The public prosecutor does not share this position. The substitute for the public prosecutor requested the retention of a one-year sentence, whilst also requesting that it be accompanied by probationary suspension. "I am opposed to a sentence of autonomous probation because he continues to live in delinquency. He has already obtained favourable measures and there are still further matters open at the public prosecutor's office," he stated at the hearing. The magistrate also noted that when police arrived, the victim bore marks of blows whilst the defendant had none.
Beyond the personal case of the defendant, the hearing had a broader significance. The first hearings will allow magistrates to clarify, matter by matter, the manner in which the new legislation should be applied. Magistrates and lawyers must now work with this new text — in another matter heard the same day, a lawyer indeed attempted to plead for a favourable measure which the new Code no longer permits.
Source: DHnet