The proposal, signed by the deputies Carina Van Cauter and Patrick Dewael (Open Flemish Liberals and Democrats), Denis Ducarme (Liberal & Conservative Liberal) and Sophie De Wit (New Flemish Alliance), in particular, concerns initial identification of a given planned attack.
The text states that it would no longer be necessary for the suspect to know that participation in terrorist group activities is in fact contributing to the commission of a crime or offence by the said group.
The proponents of the legislation want the sanction to apply if it was the case that the suspect knew the group in question to be a terrorist organisation.
In its opinion, the State Council considers that the proposal would affect “the principle of criminal legality. This imposes the rule that criminal law should be framed in terms which allow any individual to know, at the time of adopting a given behaviour, whether or not it is punishable by law.”
Consequently, the State Council is now requesting greater precision within the wording of the legislation, as well as a list of acts which might, for the purposes of the legislation, be considered as preparatory.