Amendment of the Social Criminal Code: between a longer limitation period and new alternative sanctions

What is the limitation period for administrative fines?

The Social Criminal Code provides that an administrative fine can no longer be imposed ten years after the facts occurred. Since 11 April 2026, the limitation period for administrative fines has therefore been extended from five to ten years.

What is the new sanctions regime?

From 1 September 2026, new alternative sanctions will be introduced into the Social Criminal Code. What are they? Here is what you need to know.

New alternative sanctions

Judges will soon have access to a broader range of criminal sanctions. More specifically, these include:

• Probation sentence: compliance with certain conditions for a specified period
• Community service sentence: performance of unpaid work
• Financial penalty: payment of an amount determined on the basis of the advantage expected or obtained from the offence
• Electronic monitoring sentence: obligation to remain at a specified address in accordance with the conditions set by the judge

The judge will select the most appropriate sanction depending on the level of the offence and the circumstances of the case.

Rules on the combination of sanctions

As an employer, you may be subject to an administrative fine, a criminal fine or an alternative sanction. As a general rule, these sanctions cannot be combined.

Summary table

In social criminal law, offences are divided into four sanction levels according to their seriousness.

The table below summarises the sanctions applicable to each level of offence.

What should you pay attention to?

The Social Criminal Code penalises, among other things, offences relating to remuneration, working time, social security declarations, well-being at work and certain mandatory record-keeping obligations.

Other specific sanctions that may affect your company

Certain level 3 or level 4 offences may also give rise to specific sanctions, such as:

• An operating ban
• A professional disqualification
• The closure of the undertaking
• Exclusion from public procurement contracts or concessions

Although optional, these measures may have a significant impact on the continuation of your business activities.

Read more: « What are the specific sanctions? »

Entry into force

The Act of 16 March 2026 does not provide for the same entry-into-force date for all of these measures. Some are already in force, while others are linked to the entry into force of the new Criminal Code.

In practical terms, there are two key dates to remember:

• The limitation period for administrative fines has been extended to ten years since 11 April 2026
• The new alternative sanctions are expected to apply from 1 September 2026

What does Securex do for you?

Do you have questions about this topic or would you like personalised advice to verify whether your company complies with the applicable regulations? Your Legal Advisor will be pleased to assist you. Contact them at myHR@securex.be.  

Source

• Act of 16 March 2026 amending the Act of 5 March 1952 on additional surcharges on criminal fines, the Social Criminal Code and various provisions of social criminal law, Moniteur belge of April 1, 2026.