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Reform Social Penal Code takes shape
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The Social Penal Code of 2010 has been modified many times during the last decade, but after a major evaluation in 2017 by the Advisory Council of Social Penal Law and a first draft legislative project of the beginning of 2023, a legal proposal to reform the code has been introduced in Parliament and is set to be approved before the deadline of 8 May (when the parliament dissolves for the elections of June). Below we discuss the most important changes:
- The current 4 levels of sanction levels are maintained. In earlier proposals, a new 5th sanction level was proposed for the most severe crimes. However, this 5th level has now disappeared.
- The fines for sanction level 3 are doubled and the maximum fines for level 4 are increased. The sanction scheme will look as follows (including the legal multiplication):
- Level 1: admin. fine: 80-800 euro
- Level 2: admin. fine: 200-2000 euro; penal fine: 400-4000 euro
- Level 3: admin. fine: 800-8000 euro; penal fine: 1600 – 16000 euro
- Level 4: admin. fine: 2400 – 28000 euro; penal fine: 4800 – 56000 euro; prison sentence of 6 months to 6 years.
- A new sanction is introduced: the prohibition to participate in public tenders or to receive public concessions.
- The term for repeat crimes will be increased from 1 year to 3 years. A conviction for a similar crime within 3 years will cause the fines to double (but not the prison sentence).
- The reform introduces two aggravating circumstances which the court needs to take into account when determining the sanction (a.k.a. which should lead to a more severe sanction):
- When a crime punished with a sanction of level 4 is committed on purpose;
- In case of obstruction of supervision of the social inspection services by means of threats or violence towards the person of the social inspector.
Source: Legislative proposal to supplement and amend the Social Penal Code and several provisions of Social Penal Code, no. 55K3914.
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