Belgium has introduced new legislation emphasizing that imprisonment for sentences under three years should be a last resort, requiring judges to justify non-alternative penalties.

This urgent law, approved by the Justice Commission on July 1, 2025, aims to address record prison overcrowding by implementing emergency measures until 2026 and longer-term reforms until 2030.

Skepticism remains about the effectiveness of these measures, with concerns that they are temporary solutions rather than addressing systemic issues.

An amendment was added to restrict offenders of domestic violence from serving sentences at home via electronic bracelets, following a recent femicide attempt in Houthalen-Helchteren.

Strict safety conditions and judicial approval are required for home confinement, especially in cases where victims and offenders seek reconciliation.

There is ongoing debate about the purpose of incarceration, with calls for systemic reforms rather than just immediate fixes to overcrowding.

This approach marks a shift from the previous policy of mandatory prison time for sentences under three years, which faced criticism due to overcrowding.

The legislation seeks to reduce the prison population, which has surpassed 13,700 inmates despite a capacity of just over 11,000, leading to severe overcrowding and dire conditions.

A key goal is to clear a backlog of over 3,500 individuals sentenced to up to three years who have yet to serve their sentences, with plans to resolve this by the end of 2026.

The law promotes early releases and stricter monitoring of home confinement, including allowing prison directors to release inmates six months before their sentences end, with certain exceptions for serious crimes.

Prison directors are authorized to release inmates with sentences up to ten years, starting six months before their release date, with some restrictions for offenses like terrorism.

For sentences of six months or less, automatic alternative penalties will be applied, including early release after serving one-third of the sentence under conditions such as electronic monitoring.

The law also includes provisions to prevent domestic violence offenders from serving sentences at home if the victim resides there, emphasizing victim protection.