White Collar - Summer Updates - September 2018

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Reform of the criminal liability regime applicable to legal persons

The Law of 11 July 2018 reforms and broadens the scope of criminal liability of legal persons under Belgian law. It applies with immediate effect, but is not retroactive.


The implementation of the UBO Register in Belgium

The Royal Decree of 30 July 2018 provides detailed rules on the operation of the UBO register, e.g. which information must be submitted to the UBO register, the process for registration of this information into the UBO register and who has access to this information.


Belgian legislator adapts the legal framework for criminal settlements

The Law of 18 March 2018 introduces judicial scrutiny of the proportionality of the criminal settlement proposed by the public prosecutor when an investigating judge or a criminal court is seized of the case. Such scrutiny does not concern, however, the opportunity for a criminal settlement, which remains at the discretion of the public prosecutor. The modifications can predominantly be considered as improvements because the Law preserves the advantages of the procedure while introducing a judicial scrutiny whether the criminal settlement is proportional. At the same time, the Law also introduces other changes in criminal law and criminal procedure.


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