Belgium

Act of 5 August 2003 on Serious Violations of International Humanitarian Law

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 10
An article 136 sexies shall be inserted into the same Title and shall read as follows:

“Article 136 sexies
Whosoever manufactures, possesses or transports an instrument or device or any other object, erects a structure or alters an existing structure, in the knowledge that the instrument, device, object, structure or alteration is intended for the commission or to assist the commission of one of the offences referred to in articles 136 bis, 136 ter or 136 quater, shall be liable to the same penalty as that laid down for the offence whose commission they have enabled or facilitated.”

Article 11
An article 136 septies shall be inserted into the same Title and shall read as follows:

“Article 136 septies
The following shall be subject to the penalty laid down for the completed offence:
(1) an order, even if it is not put into effect, to commit one of the offences laid down in articles 136 bis, 136 ter and 136 quater;
(2) a proposal or offer to commit such an offence and the acceptance of such a proposal or offer;
(3) incitement of another to commit such an offence, even without practical effect;
(4) participation, within the meaning of articles 66 and 67, in such an offence, even without practical effect;
(5) a failure, on the part of those with knowledge of an order given to commit such an offence, or of facts constituting the beginning of such commission, and who were in a position to prevent such commission or to bring it to an end, to do everything in their power to prevent or end the commission of the offence;
(6) an attempt, within the meaning of articles 51 to 53, to commit such an offence.”

Keywords

Individual criminal responsibility



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