Domestic violence and criminal sanctions: what risks do we run in Belgium?

Did you know thatonly 13.9% of victims of domestic violencefile a complaint according to the Institute for the Equality of Women and Men? This alarming reality raises numerous legal questions for the people concerned, whether they are victims or accused. Faced with the evolution of the Belgian legal framework, in particular with the #StopFeminicide law of 2023, understanding the criminal implications becomes essential. With his experience since 2005, Maître Innocent TWAGIRAMUNGU, lawyer in Brussels, supports clients faced with these complex situations on a daily basis.

• Domestic violence is punishable by a minimum of 16 days of imprisonment.(automatic doubling of the basic sentence of 8 days) and up to several years depending on the severity
• The limitation period varies depending on the facts: 5 years for simple physical and psychological violence, 10 years for sexual violence, imprescriptible for minor victims
• Immediate legal protection is possible without filing a complaintvia the protection order of the family court judge (valid for 12 months and renewable)
• The free line 0800.30.030 offers advice and guidanceto victims before any legal action, in complete confidentiality

Domestic violence and sanctions: what Belgian law says

Belgian legislation defines domestic violence as aset of behaviors aimed at controlling and dominating others, a definition adopted in 2006. This approach encompasses much more than just physical violence: verbal aggression, psychological, sexual and economic violence are all recognized.

The legislative arsenal has been considerably strengthened since 1989. The recognition of rape between spouses, the introduction of psychological violence into the Penal Code in 1998, then the possibility of breaking professional secrecy since March 2013 bear witness to this evolution. This exception to professional secrecy, codified in article 458 bis of the Penal Code, allows health and social professionals to report domestic violence to the authorities without incurring civil or criminal liability. The recent #StopFéminicide law of July 2023 definitively enshrines this definition in our law, guaranteeing new rights to victims.

The statistics reveal a worrying distribution:41.5% verbal violence, 22% intimidation and 15% physical violence. These figures illustrate the diversity of forms that this violence can take within the couple.

Criminal sanctions for physical violence: increased penalties

Simple assault and battery, governed by article 398 of the Penal Code, is punishable by8 days to 6 months of imprisonment and a fine of 26 to 100 euros. But be careful, these basic penalties increase quickly depending on the circumstances and can be accompanied by additional penalties: prohibition of contact and approach to the victim, community service, or even obligation of psychological or therapeutic follow-up to prevent recidivism.

When violence results in incapacity for work, article 399 provides for more severe sanctions: 2 months to 2 years of imprisonment and a fine of 50 to 200 euros. For example, if a person violently pushes their spouse down the stairs, causing a fracture requiring several weeks of sick leave, they are exposed to these increased penalties.

The determining factor remainsthe aggravating circumstance of article 410. When violence is committed between spouses, ex-spouses or cohabitants, the minimum prison sentence is automatically doubled. Thus, a minimum sentence of 8 days becomes 16 days, and can increase by 2 years for cases of imprisonment.

Concrete example:Marie suffers repeated violence from her ex-partner Thomas, who broke her nose during an altercation in February 2023. The medical certificate establishes 15 days of total incapacity for work. Thomas, already convicted for similar acts, risks a minimum prison sentence of 4 months (doubling the minimum of 2 months provided) and up to 2 years, accompanied by a fine of 50 to 200 euros. The judge also imposes a ban on contact for 3 years and compulsory psychological monitoring.

Special circumstances and maximum penalties

Certain situations result in even harsher penalties. Violence committed in front of children, against a pregnant woman or a vulnerable person constitutes particularly aggravating circumstances. The use of weapons or violence leading to significant total incapacity for work can lead to several years of imprisonment.

In the most serious cases, particularly in the event of death, the penalties can reach life imprisonment. Marital rape, recognized as a crime since 1989, constitutes an aggravating circumstance with systematic increased penalties. Sexual violence has also benefited from specific limitation periods since the laws of November 2019: 10 years for rape and attacks on sexual integrity against adults, and imprescriptibility for minor victims with pure and simple elimination of the period.

Sanctions for psychological and economic violence

Marital moral harassment, defined in article 442 bis of the Penal Code, is punishable by15 days to 2 years of imprisonment and/or a fine of up to 300 euros. This psychological violence, often more difficult to prove, includes repeated humiliation, imposed social isolation or constant threats.

Economic violence, recognized specifically in the marital context, concerns the abusive control of the couple’s financial resources. A spouse who systematically confiscates their partner’s bank card, preventing them from accessing their own income, commits a criminal offense.

Violation of a protection order represents a serious offense, punishable by3 years of imprisonment and 45,000 euros fine. This measure aims to effectively protect victims who have obtained a judicial removal order.

Please note:If you are a victim of psychological or economic violence, do not hesitate to contact the free helpline 0800.30.030. This support service, available before any legal action, will advise you and direct you to the appropriate services in complete confidentiality. The counselors can help you identify the violence you have suffered and prepare your protection approach.

Legal procedure and specific limitation periods

Victims have limitation periods that vary depending on the nature of the facts. The general time limit for domestic violence offenses is5 years from the day the offense was committed. However, this period extends to10 years for sexual violence, giving victims more time to overcome the trauma before filing a complaint. Two options are available to them: file a complaint with the local police or directly with the public prosecutor.

Building a solid case remains crucial. Medical certificates detailing injuries, testimonies from people who witnessed the violence, screenshots of threatening messages or recordings respecting privacy all constitute admissible evidence. The Sexual Violence Support Centers (CPVS), of which there are 7 in Belgium, offer comprehensive care to victims of domestic sexual violence, including medical examinations, psychological support and legal support.

The Police Victim Assistance Service (SAPV), present in each police zone, offers free and personalized support. Its missions include welcoming and listening to victims and their loved ones, concrete practical help with procedures, psychosocial and legal information adapted to each situation, as well as referral to appropriate services. These services generally operate Monday to Thursday from 8 a.m. to 4 p.m. and Friday from 8 a.m. to 2 p.m.

Following the investigation, the prosecution has three main options: dismissing the case in the event of insufficient evidence or withdrawal of the complaint, the proposal for penal mediation or a simple reminder of the law, or even legal proceedings before the criminal court. This decision generally occurs within 6 months following the filing of the complaint.

Emergency protective measures available

The protection order, issued by the family court judge, allows immediate protection without requiring a prior complaint. Valid for 12 months and extendable, it can impose various prohibitions on the alleged perpetrator:

• Ban on contact with the victim
• Prohibition on coming to the home or workplace
• Exclusive allocation of family housing to the victim
• Concealment of the new address in the event of rehousing

New technologies strengthen these systems. Anti-reconciliation bracelets are gradually deployed, creating electronically monitored exclusion zones. In the event of a violation, the police are alerted in real time. Electronic surveillance comes in two forms: verification of presence at home and GPS tracking of movements via geolocation system, both controlled by the Houses of Justice.

Preventive detention constitutes an emergency measure allowing the immediate removal of the alleged perpetrator. Lasting at least 5 days, it offers the victim necessary respite to organize their protection.

Practical advice:At the first signs of violence, even verbal, keep all possible evidence: SMS, emails, audio recordings (with respect for privacy), photos of injuries, dated and signed written testimonies. Consult a doctor who can issue a detailed medical certificate, even for psychological violence. This information will be valuable if you later decide to file a lawsuit or seek a protection order.

Procedural alternatives and possible defense strategies

Faced with the complexity of the situations, several options are available to those involved. Recording the facts represents an interesting alternative for victims hesitant to file a complaint. This approach, which does not automatically lead to prosecution, nevertheless facilitates subsequent procedures in the event of a repeat offense.

Criminal mediation, which has become “mediation and measurement procedure” since 2018, offers alternatives to the traditional trial. This restorative justice approach, complementary to traditional criminal justice, makes it possible to respond to the specific needs of victims often excluded by traditional trials while making perpetrators more accountable. The public prosecutor may suggest compulsory training, community service or therapeutic monitoring. The Houses of Justice supervise these measures, seeking compensation for the damage and a commitment to non-recidivism.

However, more than70% of complaints for domestic violence are dismissed, often due to lack of sufficient evidence. This reality highlights the crucial importance of legal assistance from the start of the procedure. An experienced lawyer will be able to evaluate defense options, build a solid case and guide you towards appropriate support measures. Free legal aid remains accessible to people with limited resources.

Faced with the complexity of criminal procedures in matters of domestic violence, the support of a legal professional becomes essential. Maître Innocent TWAGIRAMUNGU, with his experience since 2005, offers an approach that is both rigorous and humane to these delicate situations. His Brussels firm supports victims and defendants throughout the legal procedure, from the preparation of the file to post-judgment follow-up. Competent incriminal law in Brussels, he will know how to defend your interests with professionalism. If you are faced with a situation of domestic violence in the Brussels region, do not hesitate to seek their expertise to defend your rights and find legal solutions adapted to your situation.