Intentional blows or injuries – intra-family violence – partner violence – genital mutilation – unintentional killing:
28 March 2022
This means deliberately inflicting blows or injuries on another living person. The term 'blows and wounds' is generally used, but it is not necessary that the blows cause an injury or that the injury sustained is the result of a blow. Although the penal code speaks of "blows", this obviously also includes stomping, head-butting, knee-butting, .... A physical injury is not necessary either, it is sufficient that there is violent physical contact. Think, for example, of hitting someone with a phone book, in which case no external injuries can usually be determined. Moreover, one blow or one injury is sufficient to be punishable, even though the law speaks of 'blows or injuries' in the plural. There are penalty increases if there is a (long-term) incapacity of the victim, if there is premeditation, if very serious injuries are inflicted, if the violence is committed against a minor or other vulnerable person, if there is a racist or discriminatory motive, or if it is committed against educational personnel, a referee, government personnel, health care providers and social workers. If the violence is committed by a parent, it is classified as intra-family violence (IFG). If the violence is committed against a partner with whom someone has a particularly affective and sexual relationship, it is also called intra-family violence or very specifically partner violence. A specific form of intentional beatings and injuries is genital mutilation. The legislator only provides for a separate penalisation of mutilation of the genitals of a woman. Even if the woman in question gives her consent, the execution of the mutilation remains punishable. This particularly concerns (religious) female circumcision, which is absolutely prohibited in Belgium. If the victim dies, it is called intentional beating or wounding, resulting in death, without the intention to kill. In short, unintentional manslaughter. For more information on this crime, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at [email protected].