In the ten weeks leading up to the entry into force of the new Belgian Criminal Code (hereinafter the “NCC”) on 1 September 2026, we will publish a series of weekly articles addressing key developments relevant to corporate criminal law. In this first article, we discuss two new offences that are introduced by the new Criminal Code: ecocide and the concealment of evidence.
1. Ecocide (Art. 94 NCC)
Ecocide is defined as “the deliberate commission, by act or omission, of an unlawful act that causes serious, large-scale and long-term damage to the environment, with knowledge that such act is likely to cause such damage”. Ecocide therefore requires an unlawful act resulting in severe, widespread and long-term environmental harm. The provision further clarifies what is meant by serious, large-scale and long-term environmental damage. An unlawful act is understood as any act or omission that is contrary to national or international law.
Due to the division of powers between the federal and regional authorities in Belgium, the offence of ecocide is limited to conduct that infringes federal legislation or international obligations binding on the federal level. As a result, ecocide will only be punishable in the following three scenario’s: (1) where the damage results from ionising radiation or radioactive waste, (2) where the damage occurs in or on the North Sea, or (3) where the damage results from conduct that cannot be localised in Belgium. Most cases of dumping or pollution will therefore fall outside the scope of this offence, as they generally fall within the competence of the regional authorities.
Ecocide is punishable by a level 6 sanction, corresponding to a prison sentence of 15 to 20 years. In the context of the climate crisis, the Belgian legislature has clearly sought to send a strong signal. At the same time, the offence is not intended to be purely repressive; the legislature emphasises that the risk of social stigmatisation may also have a preventive effect.
Belgium is, after France, the second country to introduce the offence of ecocide. This legislative reform follows directly from the revision of Directive (EU) 2024/1203 on environmental crime. The directive requires Member States to criminalise unlawful conduct causing serious environmental harm. Member States must transpose the directive into national law within two years. It can therefore be expected that other EU Member States will also introduce ecocide or comparable offences addressing serious environmental damage.
2. Concealment of evidence (Art. 659 NCC)
The offence of the concealment of evidence has been introduced to support investigative and prosecuting authorities. This offence targets the destruction, concealment or removal from investigation of items used by a third party in the commission of a criminal offence, as well as any other traces or objects capable of contributing to the establishment of the truth.
It covers, inter alia, the object, instrument and proceeds of the offence that have not yet been seized. Financial gains, however, fall outside the scope of this offence.
This new offence thus fills the gap between, on the one hand, the concealment of criminal proceeds (i.e. money laundering) and, on the other hand, the destruction of seized assets, both of which were already subject to criminal sanctions.
In addition, the offence requires specific intent, namely the aim of concealing an offence committed by a third party or of preventing or hindering its detection, prosecution or punishment. Accordingly, the offence does not apply where evidence is concealed or destroyed to cover up one’s own offence.
Companies will need to exercise caution when removing or destroying documentation and correspondence, given the broad scope of this offence. Notably, it is not required that the production of such evidence has already been requested. In addition, individuals and entities within the same company – including the legal entity itself, its directors and its employees – may be regarded as “third parties” in relation to one another for the purposes of this provision.