Is it a crime to hold someone by force until a debt is paid?

What is not allowed, what is required?

• Deliberately and unlawfully locking someone up, detaining them or otherwise preventing them from leaving is deprivation of liberty (vrijheidsberoving / privation de liberté): Criminal Code art. 219, level 3.
• If the victim is a child or a vulnerable person, the penalty is level 4 (art. 220). The vulnerability must be due to age, pregnancy, illness or a physical or mental disability, and must have been obvious to or known by the offender (art. 79).
• Holding a person as a guarantee that an order or condition will be met is hostage-taking (gijzeling / prise d'otages): art. 226, level 5. For example, holding someone so that their family pays a debt can fall under this.
• If the victim is a child or vulnerable, is seriously injured (for example, unable to work for more than 4 months) or is tortured, the penalty is level 6 (art. 227). If the victim dies but the offender did not intend to kill, it is level 7 (art. 228).
• If the offender voluntarily releases the victim within 5 days, the penalty is reduced by one level. There is no reduction if the victim was seriously injured or died. For hostage-taking, the condition must not have been met and there must have been no torture (art. 229).
• Death threats and pretending to be a police officer are aggravating factors that the judge takes into account (art. 230). If you see someone being held by force, call 112.

Penalty and indirect consequences

Why does this rule exist?

Nobody may be used as leverage for someone else's debt or demands. The rule protects everyone's freedom to come and go; a creditor must enforce their rights through the courts.