Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Reservations
Status as of 17/08/2017

Belgium

Reservation communicated by the Minister of Foreign Affairs of Belgium at the time of deposit of the intrument of ratification, on 20 August 2012 – Or. fr.

In accordance with Article 22 of the Convention, the Belgian Government reserves the possibility of applying Article 22.1.c of the Convention only if the following specific condition is fulfilled: Article 36 of the Law of 27 June 1937, relating to the regulation of air navigation, considers as committed in Belgium the offences committed on board a Belgian aircraft in flight.

In accordance with Article 42 of the Convention, Belgium reserves the right to apply Article 22.1.d of the Convention to a Belgian national who is guilty of a criminal offence committed outside the territory of the Kingdom, only in cases where such an offence is considered to be a criminal offence according to Belgian law, and the offence is punished by the law of the country where it was committed, and the perpetrator is found in Belgium. Belgium reserves the right to institute proceedings, in cases where the victim of the offence is a foreigner, only upon a preliminary complaint from the victim, his or her family or an official notice from the authorities of the State where the offence was committed.
Period covered: 01/12/2012 -
Articles concerned : 22, 42


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.