Criminalisation

Belgium decriminalized vagabondage and begging in 1993. Activities associated with homelessness, such as sleeping rough, aggressive begging or other “nuisances” are currently the object of penalizing legislation, yet these laws may not deprive individuals of their personal liberty. 

• Begging: Silent begging has been legal since 1993. Currently, it is a criminal offence in Belgium to exploit beggars. Penalties for aggressive begging have appeared in legislation but these laws are not directly applied. 

• Squatting: Belgium does not criminalize per se the occupation of real estate as long as the property owner has not called for an eviction. Evictions of squatters is a civil process.

• Public Consumption of Alcohol: Public drunkenness may be targeted by penal measures, however it is not “criminalized” as such because drunknessness is not encoded in Belgium’s penal code. 

• Dumpster Diving: Sifting through another's garbage is incriminated under theft articles in Belgium's penal code. 

• Administrative Repression: Belgium federal law gives local authorities the power to regulate behavior of occupants of public spaces by imposing fines for violations of local regulations. Fines may reach 250€. Regulations target behavior associated with homelessness, such as disrupting movement through public spaces, rough sleeping and “nuisances” in general. In 2012 and 2013 the increasing use of sanctions (GAS boetes or SAC) has been a growing concern for many groups in Belgium.

For a report on the criminalization of homelessness in Belgium, click here.