Harmonization of youth assistance with the new Penal Code

The Parliament of the French Community adopted, in a plenary session on September 3, 2026, a decree of September 4, 2026, which harmonizes the Code of Prevention, Youth Assistance and Youth Protection (decree of January 18, 2018) with the new Penal Code of February 29, 2024. The text, referenced [C − 2026/006615], is published in the Belgian Official Gazette (Moniteur belge) No. 207 of September 14, 2026, page 49888.

This decree, promulgated in Brussels on September 4, 2026, adapts the penal references of the youth code to the new architecture of penalties established by the 2024 Penal Code, which replaces old sanctions with a system of penalty levels (from level 1 to level 8). It was signed by Minister-President E. Degryse, First Vice-President V. Glatigny, Vice-President in charge of Childhood and Youth Assistance V. Lescrenier, Minister J. Galant, Minister B. Dilliès, and Minister Y. Coppieters.

Adaptation of offenses to penalty levels

Article 1 of the decree amends Article 56, paragraph 2, 2°, of the code: the words “of involuntary assault and battery and involuntary manslaughter within the meaning of the Penal Code” are replaced by “of homicides or attacks on integrity in the context of traffic”, referred to in Articles 107, 107/1 and 218 of the Penal Code.

Article 2 rewrites Article 124/1, § 2, which determines the acts qualified as offenses giving entitlement to protection measures. The following are now targeted:

• acts which, if committed by an adult, would result in a minimum level 3 principal penalty (Article 36 of the Penal Code), excluding in particular degrading treatment, discrimination, computer fraud, receiving stolen goods, mercenarism, or public corruption;
• acts resulting in a level 2 penalty, such as incitement to suicide, aggravated acts of violence, threat of attack, arson, or vandalism.

Placement in closed regime and divestment

Article 3 replaces Article 124/1, § 3, relating to accommodation in a public institution in an evaluation and orientation unit or in an education unit in a closed regime. This measure can only be ordered for a youth aged at least fourteen years at the time of the facts, for offenses of at least level 4 or level 3 or 2, including:

• incitement to suicide, inhuman treatment, attack on sexual integrity, the production of images of child sexual abuse;
• terrorist offenses, robbery with violence, extortion, arson of a property of particular interest;
• offenses related to narcotics and psychotropic substances.

Article 4 replaces Article 125, which governs the divestment of the youth court in favor of the Public Prosecutor’s Office. The court may divest itself of a case involving a youth aged sixteen or older, referring the matter to a specific chamber applying common criminal law or, where applicable, a court of assizes, under strict conditions (prior measure in a closed regime, gravity of the facts, non-cooperation of the youth).

Penalties and Entry into Force

Article 5 replaces the sanction provided for in Article 158 of the code with a level 1 penalty, and Article 6 repeals paragraph 1 of Article 57bis of the law of April 8, 1965, relating to youth protection.

In accordance with Article 7, the decree enters into force on the date of entry into force of the laws of February 29, 2024, introducing Books I and II of the Penal Code, thereby ensuring a coordinated application of the two texts.

This decree constitutes a major step for youth protection in the French Community: it ensures consistency between the renovated criminal law and the measures applicable to minors who have committed an act qualified as an offense, while preserving procedural guarantees and the educational nature of the interventions.

Official source: Moniteur belge no. 207 of September 14, 2026, p. 49888 — Decree of September 4, 2026, harmonizing the decree of January 18, 2018, establishing the Code of prevention, youth assistance, and youth protection with the new Penal Code of February 29, 2024 ([C − 2026/006615]).