White Collar Crime Lawyers Belgium 2026: New Criminal Code, Corporate Liability & Sanctions

Belgium’s New Criminal Code entered into force on 8 April 2026, representing the first comprehensive overhaul of the country’s criminal legislation in more than 150 years. For general counsels, compliance officers and company directors, the reforms fundamentally reshape corporate criminal liability, introduce an expanded eight-level sanctions framework, and grant broader investigative powers to domestic and European authorities. White collar crime lawyers Belgium-wide are already advising clients on urgent compliance programme updates, and in-house teams that have not yet acted face material exposure under rules that are now live law.

This guide sets out the practical steps that companies and directors must take today. It covers the new liability tests, the sanctions grid, the roles of OLAF, the EPPO and the FSMA in enforcement, and provides a step-by-step internal investigations playbook together with a nine-point board compliance checklist. Every recommendation is grounded in the legislative text published in the Moniteur belge and the procedural frameworks of the relevant enforcement bodies.

New Criminal Code at a Glance, White Collar Crime Lawyers Belgium Need to Know

The New Belgian Criminal Code, approved by Parliament on 22 February 2024 and published in the Moniteur belge, became effective on 8 April 2026. It replaces the 1867 Penal Code and introduces structural changes that directly affect every business operating in Belgium. The reforms touch three areas of immediate concern for compliance teams: corporate criminal liability, sentencing architecture, and investigative cooperation.

Key changes at a glance:

• Corporate liability expanded. The new Code abandons the former requirement to identify a specific natural person who committed the offence before the company can be prosecuted. Companies can now be held liable on the basis of an organisational-fault test tied to structural failings in governance and compliance.
• Eight-level sentencing grid. The previous three-tier classification (contraventions, délits, crimes) is replaced by an eight-level penalty structure with significantly higher fine ceilings for legal entities.
• New and modernised offences. Updated definitions of fraud, misuse of company assets, corruption, money laundering and environmental crimes, all of which fall squarely within the remit of white collar crime defence practice.
• Interaction with Criminal Procedure Code. The Code of Criminal Procedure continues to govern investigative powers, but the new substantive Code expands the offences that can trigger cross-border cooperation with the EPPO.

Key Dates and Milestones

Corporate Criminal Liability Belgium, What’s New in 2026

Corporate criminal liability Belgium has entered a new era. Under the former Code, a company could generally only be convicted if a specific natural person within the organisation was identified as the perpetrator and the offence was intrinsically connected to the company’s purpose or interests. The new Criminal Code dismantles that linkage and introduces an autonomous organisational-fault model.

Under the 2026 rules, a legal entity can be prosecuted where the offence results from:

• A decision taken within the company. This includes decisions by the board, executive management or any person exercising de facto authority.
• A structural compliance failure. Where the company lacked adequate policies, training, oversight or internal controls to prevent the type of offence committed, even if no single individual is identified as the perpetrator.
• Failure to act. Deliberate inaction by management in the face of known risks or red flags can now ground corporate liability on its own.

Critically, the new Code permits cumulative prosecution of both the legal entity and the natural person involved. This overrides the previous mutual-exclusivity rule that in many cases shielded one or the other from prosecution. The likely practical effect will be a significant increase in simultaneous proceedings against companies and their directors.

Organisational-Fault Test vs New Liability Test

For in-house teams, the immediate implication is clear: a robust, documented and regularly reviewed compliance programme is no longer merely a best-practice aspiration. It is a direct line of defence against corporate criminal liability Belgium prosecutors will now actively test.

White-Collar Sanctions 2026, The Eight-Level Grid

The new Criminal Code replaces Belgium’s legacy sentencing framework with an eight-level sanctions grid that applies uniformly to all offences, including white-collar crimes. Each level carries a defined range of penalties, with legal entities subject to higher monetary ceilings than under the former system. The white-collar sanctions 2026 regime also introduces a broader menu of non-monetary measures designed to compel compliance.

For legal entities, sanctions can include:

• Criminal fines, significantly increased ceiling amounts, scaled to the severity level of the offence.
• Special confiscation, seizure of proceeds, instrumentalities and equivalent assets.
• Dissolution, in extreme cases, judicial dissolution of the entity.
• Prohibition of specific activities, temporary or permanent bans on certain business activities.
• Publication of the conviction, mandatory publicity of the judgment, carrying severe reputational consequences.
• Compliance audits, court-ordered external audits of the company’s governance and compliance framework.

Sanctions Comparison by Entity Type

Industry observers expect that the combination of higher monetary ceilings, confiscation powers and reputational sanctions will materially increase the deterrent effect, and the urgency for companies to invest in preventive compliance measures.

Investigations, OLAF, EPPO, FSMA and National Authorities

Under the new Criminal Code 2026, white collar crime investigations in Belgium can be initiated and conducted by multiple authorities, often in parallel. Understanding which agency does what, and how to respond, is critical for any company facing an inquiry.

OLAF investigations Belgium focuses on administrative investigations into fraud affecting the EU budget. OLAF cannot prosecute but refers findings to national authorities or, increasingly, to the EPPO. EPPO investigations Belgium cover criminal offences against the EU’s financial interests, including cross-border VAT fraud, subsidy fraud and corruption involving EU funds. The EPPO has the power to conduct searches, issue European Investigation Orders and bring cases directly before Belgian courts. Domestically, the FSMA investigates market abuse, insider dealing and certain financial regulatory offences, while the federal judicial police and prosecutor’s office handle the broader spectrum of financial crime.

OLAF vs EPPO vs National Prosecutor, Who Does What?

When any of these authorities makes contact, companies should take three immediate steps: (1) appoint external defence counsel with enforcement experience, (2) issue a litigation hold across all potentially relevant records, and (3) notify the board or audit committee within 24 hours. Early engagement by experienced white collar crime practitioners often determines whether an investigation escalates or is contained.

Internal Investigations Belgium, Step-by-Step Playbook

The new Corporate criminal liability regime makes it essential for companies to have a documented internal investigations protocol in place before a crisis occurs. Regulators and prosecutors assessing corporate culpability will examine whether the company conducted a credible internal investigation and took meaningful remedial action. A well-run internal investigation can serve as evidence of an effective compliance programme, a recognised mitigating factor under the new Code.

The following seven-step playbook provides a practical framework for internal investigations Belgium companies should adopt:

1. Scoping. Define the scope of the investigation promptly. Identify the suspected misconduct, the business units and personnel involved, and the relevant time period. Engage the general counsel or chief compliance officer to lead scoping decisions.
2. Appoint the investigator. Decide whether to appoint an internal team or external counsel. For matters involving potential criminal exposure, external counsel offers independence, credibility and, critically, legal professional privilege protections under Belgian law.
3. Evidence preservation. Issue a litigation hold immediately. Secure electronic data (emails, messaging platforms, financial systems), restrict access to relevant physical records, and engage forensic IT specialists where digital evidence is at risk.
4. Interview protocols. Conduct witness interviews under legal oversight. Provide Upjohn-style warnings (informing interviewees that counsel represents the company, not the individual). Document all interviews contemporaneously.
5. Privilege and disclosure management. Maintain a clear privilege log. Segregate privileged communications from factual findings. Understand that Belgian law protects lawyer-client privilege but does not extend the same protection to internal compliance reports generated without legal instruction.
6. Report to the board. Present findings and recommendations to the board or audit committee in a formal, minuted session. The board should document its consideration of the findings and the remedial measures adopted, this record may be critical if the company later needs to demonstrate an effective response.
7. Remediation and self-reporting decision. Implement corrective measures (disciplinary action, policy changes, enhanced controls). Evaluate whether voluntary self-reporting to authorities is advisable. Self-reporting can be a powerful mitigating factor, but the decision requires careful legal assessment of the risks, including potential exposure of individual directors.

Interview Checklist and Evidence Chain-of-Custody Protocol

• Before the interview: Confirm the interviewee’s role; prepare a question outline; arrange for a note-taker; ensure the interviewee understands the purpose and the Upjohn warning.
• During the interview: Record answers in writing (or by agreed recording method); do not coach or direct the interviewee; note any refusal to answer and the stated reason.
• After the interview: Produce a written summary within 48 hours; have the note-taker verify the summary; store securely within the investigation file.
• Evidence handling: Tag and log all physical and digital evidence with date, source and custodian; maintain an unbroken chain of custody; use forensic imaging for electronic devices; restrict access to the investigation team only.

Compliance Programme Update, Nine-Point Board Checklist

A compliance programme update is no longer optional under the new Criminal Code 2026. The legislative text explicitly recognises the existence and effectiveness of a compliance programme as a factor courts may consider when determining sanctions. In-house teams should use the following nine-point checklist to bring their programmes into alignment with the new requirements.

1. Risk assessment refresh. Conduct a dedicated criminal-risk assessment that maps the company’s activities against the new offence definitions in the Code. Prioritise fraud, corruption, money laundering and misuse of company assets.
2. Policy update. Review and revise the code of conduct, anti-corruption policy, gifts-and-hospitality rules, third-party due diligence procedures and data-handling protocols.
3. Third-party due diligence. Strengthen know-your-counterpart procedures for agents, intermediaries, joint-venture partners and suppliers in high-risk jurisdictions.
4. Whistleblowing channel. Ensure the company’s internal reporting mechanism complies with the Belgian transposition of the EU Whistleblower Directive. Promote the channel actively across the organisation.
5. Training programme. Deliver targeted training to board members, senior management and employees in high-risk functions. Document attendance and content.
6. Monitoring and testing. Implement ongoing monitoring of transactions, third-party relationships and internal controls. Schedule periodic compliance audits, ideally by external specialists.
7. Incident response protocol. Adopt and document a formal internal investigations protocol (see playbook above). Ensure it is known to the board and senior management.
8. Board reporting. Establish a standing agenda item for compliance reporting at board level. Minutes should reflect the board’s active engagement with compliance risks and the measures taken.
9. D&O insurance review. Review directors’ and officers’ liability insurance coverage in light of the expanded personal criminal exposure under the new Code.

Board Briefing Template

• Agenda item: Compliance framework review, New Criminal Code (in force 8 April 2026).
• Background: The New Belgian Criminal Code introduces an autonomous corporate liability model and an eight-level sanctions grid. Companies must demonstrate effective compliance to mitigate sanctions.
• Action required: Board to approve the updated compliance programme, the revised risk assessment, the internal investigations protocol and the annual training schedule.
• Resolution: The Board resolves to adopt the measures presented, instructs the Chief Compliance Officer to implement them within 90 days, and schedules a follow-up review.

Director and Officer Risk Mitigation, What Boards Must Do Now

The removal of the mutual-exclusivity rule means directors and officers now face a materially higher risk of personal criminal prosecution alongside their companies. Under the new Code, a director who participated in a decision that led to a criminal offence, or who failed to exercise adequate oversight, can be individually prosecuted. Sanctions include personal fines, custodial sentences at higher offence levels, professional disqualification and a criminal record.

To mitigate these risks, directors should take the following steps immediately:

• Document diligence. Ensure board minutes reflect active engagement with compliance matters, risk assessments and remedial decisions. A documented record of informed, proactive governance is the strongest shield in any subsequent prosecution.
• Challenge management reporting. Ask probing questions about red flags, compliance incidents and investigation outcomes. Passivity is no longer a neutral posture, it is a risk factor.
• Seek independent advice. Engage external legal counsel in Belgium for a privileged assessment of personal exposure, particularly before any contemplated transaction or restructuring that carries criminal risk.
• Review D&O insurance. Confirm that existing coverage extends to defence costs in criminal proceedings under the new Code and that policy limits are adequate for the expanded exposure.

Conclusion, Act Now to Protect Your Organisation

The New Belgian Criminal Code is no longer a future concern, it is current law. Companies and directors operating in Belgium must treat the compliance programme update as an immediate governance priority. The expanded corporate criminal liability regime, the higher sanctions ceiling and the removal of the mutual-exclusivity rule together create a fundamentally different enforcement landscape for white collar crime lawyers Belgium and their clients. Organisations that invest in documented, tested and regularly reviewed compliance frameworks will be best positioned to defend themselves if enforcement action follows.

Sources

1. Belgian Official Journal (Moniteur belge)
2. Belgian Ministry of Justice
3. European Public Prosecutor’s Office (EPPO)
4. OLAF (European Anti-Fraud Office)
5. FSMA (Financial Services and Markets Authority Belgium)
6. FATF, Mutual Evaluation Report Belgium 2025
7. Freshfields, The time for change is now: the new Belgian Criminal Code
8. Loyens & Loeff, Recasting Belgian criminal law: key changes to white-collar offences
9. A&O Shearman, Ensure compliance programs keep up with new corporate criminal offenses