News item | 29-06-2023 | 15:38
New legislation will come into force on 1 July 2023. Below is an overview of these laws in the field of Justice and Security.
Amendment of the Penal Code in connection with the increase of the maximum penalty for manslaughter
As of July 1, the maximum prison sentence for manslaughter will be increased from 15 to 25 years. In 2006, an amendment to the Reassessment of Statutory Maximum Sentences Act increased the maximum term of temporary imprisonment as an alternative to life imprisonment from 20 to 30 years, in order to reduce the gap between this sentence and life imprisonment. As a result, the maximum sentence for murder has been increased to 30 years. Increasing the maximum for manslaughter to 25 years will restore the balance between manslaughter and murder. The difference in the maximum sentence will again be 5 years, equal to the original difference. In very serious manslaughter cases, this gives judges more scope to impose appropriate sentences if they deem it necessary.
Criminalization of possession of instructional material on child sexual abuse
The Penal Code will be expanded with a new penal provision that independently makes preparatory acts with a view to child sexual abuse punishable. This criminal offense prohibits the distribution, acquisition or possession of a manual containing tips and tricks for child sexual abuse. It carries a prison sentence of up to four years.
Bill against marital captivity
The bill against marital captivity ensures that in the event of a divorce the court can make an arrangement whereby a spouse is ordered to cooperate in the dissolution of a religious marriage. The law also stipulates that marriage partners are in principle obliged to cooperate in the dissolution of a religious marriage if the other partner requests this. With this, the cabinet wants to prevent marriage captivity.
Decree on untargeted advertising remote games of chance
As of July 1, untargeted advertising for online games of chance will be banned. The ban should better protect vulnerable groups, including young people, against the risk of gambling addiction. Advertisements for online games of chance that are prohibited as of 1 July are, in short, radio and TV commercials and billboards on the street. Targeted advertising may still be displayed on the internet under strict conditions.
Decree adjustment of statutory interest
As of 1 July, the statutory interest will be adjusted from 4% to 6%. Legal interest is compensation for non-payment or late payment of a monetary claim. Unpaid claims may be increased by statutory interest. Citizens with claims receive legal interest as compensation; indebted citizens pay legal interest as compensation for non-payment. By law, the amount of the statutory interest must be assessed every six months on the basis of the ECB interest rate. It has risen more than 2% since the previous increase. That is why the statutory interest is now also rising by 2%.
Amendment of the Legal Status of Judicial Officers Act in connection with the adjustment of the conformity requirement in Article 51 of the Wrra
In the Judicial Officers (Legal Status) Act (Wrra), the requirement of conformity and a large number of general substantive provisions are no longer valid. The agreement requirement means that amendments to a legal position regulation, insofar as a judicial officer can derive rights and obligations from it, will only be implemented if this has been agreed with the Sector Committee on the Judiciary. The legal position of the individual judicial officer will not change with the lapse of this requirement. It is a technical transposition into law.