Article 41 bis

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Confiscation of assets Corporate criminal liability Economic sanctions

Article 41bis stipulates the monetary fines to be imposed for offences committed by corporations. In criminal and correctional cases:

  • When the offence is punished with lifelong imprisonment: a monetary fine of 240,000 – 720,000 EUR;
  • When the law imposes imprisonment and a fine, the company which has been convicted of a criminal offence must only pay a fine calculated as follows:
    • Minimum 500 EUR, multiplied by the number of months of the minimum prison sentence. This amount, however, may not be lower than the minimum monetary fine stipulated by the law for that offence.
    • Maximum 2,000 EUR, multiplied by the number of months of the maximum prison sentence. This amount, however, may not be lower than double the maximum fine stipulated by the law for that offence
  • When the offence is only punished with a monetary fine: the monetary fine as stipulated by law for that offence.

Notes

As of May 2015, these fines had to be multiplied by 6 in order to accommodate for currency depreciation. Corporate entities shall also face confiscation of assets, as stipulated under articles 42-43quater Criminal Code (and article 505 Criminal Code in the specific contexts of money laundering) (article 7bis, first paragraph, 2°).

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Law / Belgium / Criminal Code

The Belgian Criminal Code is the basic statutory instrument containing various provisions on penalties and offences.

The Belgian Criminal Code has been amended by numerous Acts (the provisions outlined in this database are as amended by these Acts.). The thre Acts that are most relevant to human trafficking for labour exploitation are:

  • Act of 10 August 2005 amending various provisions with a view to strengthening the fight against trafficking of human beings and the practices of slum landlords: this Act has inter alia led article 433quinquies – 433novies to be inserted into the Criminal Code, thereby creating the autonomous offence of human trafficking, and has amended the offence of human smuggling contained in article 77bis – 77sexies Aliens Act .
  • Act of 24 June 2013 on the punishment of the exploitation of begging and prostitution, human trafficking and smuggling in relation to the number of victims: this Act stipulates that the monetary fine that is to be imposed for the offences of exploitation of begging and prostitution (article 380 Criminal Code), human trafficking (article 433quinquies – 433novies Criminal Code), and human smuggling (article 77bis – 77quinquies Aliens Act) is to be multiplied by the number of victims.
  • The Act of 31st May 2016 to further implement European regulation on the sexual exploitation of children, child pornography, human trafficking and facilitation of illegal entry, unauthorised transit and illegal residence. This Act amends articles 433septies (extension of the list of aggravating circumstances) and 433novies Criminal Code (amendment of the list of penalties). The Act also introduces article 433novies/1, that prohibits and penalises the publication and distribution of texts, drawings, photos and other images and audio clips that could give an indication of the identity of the victim of human trafficking, except when this was done with her of his written consent or within the framework of a judicial inquiry.