Belgian Court of Cassation Reaffirms Verification Criterion in Forgery Cases

On June 2, 2026, the Belgian Court of Cassation delivered a pivotal judgment reinstating the 'verification criterion' in cases of document forgery. This criterion determines that only documents which the recipient can trust without verification are protected under forgery laws. The ruling marks a return to traditional jurisprudence, emphasizing that false statements in documents like invoices do not constitute criminal forgery if the recipient is expected to verify their accuracy. This decision clarifies the scope of forgery offenses and aligns with the forthcoming provisions in Belgium's new Criminal Code, set to take effect on September 1, 2026. Legal practitioners should note this reaffirmation, as it impacts the assessment of forgery cases and the evidentiary standards required.