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Chapter VII - Article 140quinquies CC

Published online by Cambridge University Press:  18 September 2025

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Summary

SECTION I. ACTUS REUS

243. RECEIVING TRAINING – Together with the offence of providing instruction or training, the legislature introduced the offence of receiving training for terrorism. It stated that it made operational and logical sense to also criminalise the person who receives the training. The wording of this offence also closely resembles that of the Directive.1262 Article 140quinquies CC criminalises anybody who, in Belgium or abroad, receives instruction or training as described in Article 140quater CC. The Article explicitly refers to Article 140quater CC with regard to the type of instruction or training, so anything said there (see no. 235) is also applicable here.1263 The training can be in person or via the internet for example.1264 Once more, the Criminal Code states this Article is applicable without prejudice to the application of Article 140 CC.

244. SELF-STUDY – The legislature added a new section to Article 140quinquies CC in 2019. While for the Articles 140bis, 140ter and 140quater CC, it added an aggravating circumstance, in Article 140quinquies CC, it added a second offence. The actus reus of this offence is: in Belgium or abroad, acquiring knowledge yourself or educating yourself in the matters referred to in Article 140quater CC. Because of the wording of the first section, it is generally accepted that its scope only covers people receiving training from somebody e

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Restricting Liberty to Prevent Terrorism
The Belgian and the UK Approaches to Direct Restrictions to the Right to Liberty to Prevent Terrorism
, pp. 247 - 252
Publisher: Intersentia
Print publication year: 2025

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  • Article 140quinquies CC
  • Ward Yperman
  • Book: Restricting Liberty to Prevent Terrorism
  • Online publication: 18 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781839704802.018
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  • Article 140quinquies CC
  • Ward Yperman
  • Book: Restricting Liberty to Prevent Terrorism
  • Online publication: 18 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781839704802.018
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Article 140quinquies CC
  • Ward Yperman
  • Book: Restricting Liberty to Prevent Terrorism
  • Online publication: 18 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781839704802.018
Available formats
×