Defensiveness:
28 March 2022
Defensiveness is any attack or resistance by force or threat against a ministerial official, field or forest ranger, policemen, tax collectors, summonses and customs officers. This is only when they are acting in the performance of their duties, i.e. not 'outside working hours'. The classic example is resisting arrest by the police. The aggravating circumstances are the use of weapons, premeditation or if it is committed with several persons. Fleeing, without using violence or threats, is not rebellion. Under Belgian criminal law, it is not an offence to run when arrested or when someone is in prison. For more information on this offence, a concrete punishment and/or tailor-made advice, contact our criminal lawyers at [email protected].