Sophie De Wit: “Escaping from prison will finally be a punishable offence”

The Justice Committee of the Belgian Chamber of Representatives has approved a new law that closes a surprising loophole in our criminal code: from now on, both escaping from prison and cutting or tampering with an electronic ankle bracelet will be punishable offences. Until now, only assisting in an escape or negligence by prison staff could be prosecuted. The prisoner themselves, however, could not be charged for escaping—on the grounds of a so-called “natural urge for freedom”.

“An absurd situation finally corrected”

Federal MP Sophie De Wit, who had also submitted her own bill that was merged with the approved proposal, welcomed the decision: “It’s hard to believe that escaping from prison or cutting off an ankle bracelet has gone unpunished until now. We’re finally putting an end to this bizarre situation.”

According to De Wit, every escape or case of bracelet tampering comes at a high cost. Police must be mobilised to locate the escaped individual, and the equipment often needs to be replaced. “Each escape undermines public confidence in our justice system, causes anxiety for victims, and puts a significant financial burden on society,” she said.

An ankle bracelet is a privilege, not a right

The numbers speak for themselves. In 2024, nearly five percent of electronic monitoring users in Flanders tampered with their devices (245 cases). In Wallonia, there were 236 cases—around six percent. On top of that, between 10 and 15 percent of users breached their conditions, averaging two violations per day. “Wearing an ankle bracelet is a privilege. Those who abuse it must face consequences,” De Wit emphasised.

The new legislation includes a mandatory revocation of the ankle bracelet in case of tampering, and electronic monitoring will be suspended while a decision is being made.

However, De Wit regrets that her original proposal was not fully adopted. She had called for anyone who cut off their bracelet to be barred from receiving a new one for a period of one to five years. “Making escape and sabotage punishable is a vital step forward, but it’s unfortunate that the minister’s bill doesn’t also provide for a longer exclusion from this measure for repeat offenders,” she said.

Legal basis for drug testing in prisons

The bill also introduces a legal framework for drug testing inside prisons. “This is another essential step to address the serious drug problems in our prisons and to improve safety for both inmates and staff,” De Wit concluded.