SECTION I. GENERAL COMPARISON

541. BELGIAN VS. UK CRIMINAL LAW – In the introductions to Parts II and III, some general observations are made and basic rules explained with regard to Belgian and UK law. Comparing these two introductions, many small differences immediately catch the eye. However, none of these differences are so marked as to make comparison impossible. Even so, a few points have to be kept in mind. In terms of criminal law, both jurisdictions in principle require actus reus and mens rea for an offence to exist, but the UK also has strict liability offences and a system of defences, which depend on the specific offence. This system does not exist in Belgium and sometimes makes the construction of the elements of the offence more complicated in the UK, as the defence can be a form of mens rea for which the burden of proof is shift ed. Regarding sentencing, Belgian criminal law provides lower maximum sentences for inchoate offences than for the actual offence, which is not the case in the UK. At first glance, UK criminal law allows judges more leeway when sentencing in general, because it only provides for (oft en relatively high) maximum sentences and no minima. However, this first reading is deceptive. Belgian judges are authorised to lower the sentences well below the minimum sentence when applying attenuating circumstances, which is something that very frequently happens.