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19 AVRIL 2017. - An Act to amend the Code of Criminal Investigation, the Judicial Code and the Act of 10 April 2014 to amend various provisions to establish a national register of judicial experts and to establish a national register of jurified translators, interpreters and translators (1)

The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendment of the Code of Criminal Investigation
Art. 2. In article 646 of the Code of Criminal Investigation, inserted by the law of 10 April 2014 and renumbered in article 647, the words "991undecies" are replaced by the words "991decies".
CHAPTER 3. - Amendments to the Judicial Code
Art. 3. In section 991ter of the Judicial Code, inserted by the Act of 10 April 2014, the following amendments are made:
1° the words "or the official delegated by him and that, on the advice of the Accreditation Commission" are inserted between the words "Minister of Justice" and the words ", have been entered" and the words "have been written" are replaced by the words "are registered".
2° the article is supplemented by five paragraphs written as follows:
"The Minister or the official delegated by him shall collect information on the morality of the candidate for judicial review and his professional ability to the Public Prosecutor's Office, the judicial authorities for which he or she has already intervened and, where appropriate, the disciplinary authorities established by law.
This information may only be used to manage this registry. The data collected is retained by the Federal Justice Public Service until registration in the registry is terminated for any reason. In the event of refusal of registration or extension of registration to the registry, the data is retained until the decision is final.
Registration in the national register of judicial experts and its extension is done on the notice of the accreditation commission. It checks whether the degree presented allows access to the chosen domain, whether the experience indicated is relevant and whether the proof of legal knowledge has been provided. It takes into account the information collected.
On the initiative and under the supervision of the Accreditation Commission, the Federal Public Service of Justice exercises permanent quality control over the designations of judicial experts and continuously monitors the quality of the performance of the missions of expertise by them.
The King sets out the composition and operation of the Accreditation Commission. In no case can the commission be composed of a majority of judicial experts. ".
Art. 4. In section 991quater of the same Code, inserted by the Act of 10 April 2014, the following amendments are made:
(a) 1° is repealed;
(b) it is inserted a 6° /1, written as follows:
"6° /1. state in writing to the Minister of Justice that they undertake to follow relevant ongoing training, both in their areas of expertise and in judicial proceedings, in the manner determined by the King;"
(c) at 7°, the words "adhent to the code of ethics established by the King, which code provides at least the principles of independence and impartiality" are replaced by the words " adhere to the code of ethics established by the King, which code provides at least the principles of independence and impartiality, and that they will respect this code".
Art. 5. In section 991quinquies of the same Code, inserted by the Act of 10 April 2014, the following amendments are made:
(a) Paragraph 1^er is supplemented by a paragraph that reads as follows:
"Registration in the national register is valid for a period of six years, which can be extended each time for the same period. Six months before the expiry of this period, the judicial expert may request the extension of his registration. He attached to that request a list of the civil and administrative missions entrusted to him, as well as evidence of ongoing training. By a decision of the Minister of Justice or the official delegated by him within six months of the application and on the advice of the Accreditation Commission, the registration is extended for a period of six years. The Accreditation Commission takes into account the training provided in its opinion on the extension request. ";
(b) Paragraph 2 shall be supplemented by the 5th and 6th drafted as follows:
"5° the identification number of the judicial expert, the date of registration and extension;
6° the languages in which it can intervene as a judicial expert. ".
Art. 6. In section 991sexies of the same Code, inserted by the Act of 10 April 2014, the following amendments are made:
1° in paragraph 1^er, the words "the judicial expert" are replaced by the words "the person" and the words "or the official delegated by him" are inserted between the words "The Minister of Justice" and the words "deliver to the expert";
2° in paragraph 3, the words "the identification number is removed" are replaced by the words "the registration is suspended in case of temporary or radiated loss";
3° the article is supplemented by a paragraph written as follows:
"The judicial expert pays a contribution to the costs when applying for registration in the national register. The King determines the terms and the amount of the contribution."
Art. 7. Section 991s of the same Code, inserted by the Act of 10 April 2014, is replaced by the following:
"Art. 991ssepties. § 1^er. When the judicial expert fails to perform the duties of his or her mission or is in violation of the dignity of his or her title, the Minister of Justice or the official delegated by him or her may, by a reasoned decision, suspend the judicial expert or temporarily or definitively remove his or her name from the national register of judicial experts, if any on a proposal of the head of body within the meaning of section 58bis, 2°, after notice of the commission of the approval or on a proposal of the notice of the notice of the commission made or of the notice of the notice of the commission The duration of the suspension or temporary radiation is determined by the Minister or the employee delegated by the Minister on the basis of the gravity of the breach, without the Minister being able to exceed a period of one year.
Temporary delisting may be extended each time for a maximum of one year by a reasoned decision of the Minister of Justice or the delegated official by him, after having read the comments of the interested party.
§ 2. The Accreditation Commission is also responsible for monitoring compliance by registered judicial experts with the code of conduct referred to in Article 991quater, 7°. The Accreditation Commission may, in the event of complaints or its own initiative, hear the expert and make recommendations. It may propose to the Minister of Justice or to the official delegated by him the suspension or temporary or final removal of the judicial expert. ".
Art. 8. In section 991octies of the same Code, inserted by the Act of 10 April 2014, the following amendments are made:
(a) 1° is replaced by the following:
"1° with respect to professional fitness, a degree obtained in the field of expertise in which the candidate is registered as a judicial expert and a proof of a relevant experience of at least five years in the eight years preceding the application for registration or, if not a diploma, proof of a relevant experience of at least fifteen years for the preceding twenty years of the application for registration. Judicial experts domiciled in another EU country can justify their professional ability by registering in the similar register of their country, which they demonstrate. ";
(b) the 2° is replaced by the following:
"2° with regard to legal knowledge, a certificate issued after a formation that meets the conditions set by the King."
(c) the article shall be supplemented by a paragraph written as follows:
"The Minister of Justice may grant an exemption from the five-year condition of relevant experience for specialties that can only be exercised through judicial expertise. ".
Art. 9. In Article 991novies, § 1^erParagraph 1^er, of the same Code, inserted by the Act of 10 April 2014, the introductory sentence is replaced by the following:
"The candidate who meets the conditions set out in article 991quater, 1° to 7°, shall take the following oath in the hands of the first president of the court of appeal of the spring of his home or residence:".
Art. 10. Section 991decies of the same Code, inserted by the Act of 10 April 2014, is supplemented by a paragraph, which reads as follows:
"An extract of the decision mentioning the identity of the judicial expert and the motivation are communicated to the service that manages the national registry."
CHAPTER 4. - Amendments to the Act of 10 April 2014 amending various provisions to establish a national register of judicial experts and establishing a national register of Jewish translators, interpreters and translators
Art. 11. In section 20 of the Act of 10 April 2014 amending various provisions to establish a national register of judicial experts and establishing a national register of juror translators, interpreters and translators, the following amendments are made:
1° the words "or his delegated official on the advice of the Accreditation Commission" are inserted between the words "Minister of Justice" and the words ", have been entered" and the words "have been entered" are replaced by the words "are registered".
2° the article is supplemented by five paragraphs written as follows:
"The Minister or the official delegated by him collects information on the morality of the candidate who is a translator, interpreter and translator-sworn interpreter and his professional ability to the public prosecutor and judicial authorities or other authorities for which he or she has intervened. If necessary, a security notice referred to in the Act of 11 December 1998 on classification and authorizations, certificates and security notices may be required. This information may only be used to manage this registry.
The data collected is retained by the Federal Justice Public Service until registration in the registry is terminated for any reason. In the event of refusal of registration or extension of registration to the registry, the data is retained until the decision is final.
Registration in the national register of interpreters and jurified interpreters and translators and its extension is done on the advice of the accreditation commission. It checks whether the degree presented allows access to the chosen language, whether the experience indicated is relevant and whether the proof of legal knowledge has been provided.
On the initiative and under the supervision of the Accreditation Commission, the Federal Public Service Justice exercises permanent quality control over the designations of jurified translators, interpreters and translators and verifies continuously the quality of the execution of the translation or interpretation missions entrusted to the jurified translators, interpreters or translators.
The King sets out the composition and operation of the Accreditation Commission. In no case can the commission be composed of a majority of translators, interpreters or translators-songwriters.".
Art. 12. In section 21 of the Act, the following amendments are made:
(a) at 5°, the word "judicial" is repealed;
(b) it is inserted a 6° /1, written as follows:
"6° /1. state in writing to the Minister of Justice that they undertake to follow relevant ongoing training, both in terms of the knowledge of the language for which it is registered and in terms of the translation technique and judicial procedures, in accordance with the terms established by the King;"
(c) at 7°, the words "adhent to the code of ethics established by the King, which code provides at least the principles of independence and impartiality" are replaced by the words "aware of the code of ethics established by the King, which code provides at least the principles of independence and impartiality, and that they will respect this code".
Art. 13. In section 22 of the Act, the following amendments are made:
(a) a paragraph to read is inserted between subparagraphs 1^er and 2:
"Registration in the national register is for a period of six years. Six months before the expiry of this period, the translator, interpreter or interpreter may request the extension of the registration. He encloses this request with a list of civil and administrative missions as well as evidence of ongoing training. The registration is extended by a decision of the Minister of Justice or the delegated official by him and after notice of the Accreditation Commission for a further period of six years.".
(b) in paragraph 2, whose existing text will form paragraph 3, at 2°, the word "judicial" is repealed;
(c) paragraph 2, of which the existing text will form paragraph 3, is supplemented by the 5th word as follows:
"5° the identification number of the translator, interpreter and interpreter, the date of registration and extension. ";
(d) paragraph 3, whose existing text will form paragraph 4, is replaced by the following:
"This registry can be viewed freely on the Federal Public Service's website.
Art. 14. In section 23 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or the official delegated by him" are inserted between the words "The Minister of Justice" and the words "issue a number";
2° in paragraph 3, the words "the identification number is removed" are replaced by the words "the registration is suspended in case of temporary or radiated loss";
3° the article is supplemented by a paragraph written as follows:
"Translators, interpreters and translators-interpreters pay a contribution to the fees when applying for registration in the register. The King sets out the terms and the amount of the contribution."
Art. 15. Section 24 of the Act is replaced by the following:
"Art. 24. § 1^er. When the translator, interpreter or interpreter fails to comply with the duties of his or her mission or is in breach of the dignity of his or her title, the Minister of Justice or the official delegated by him or her may, by a reasoned decision, suspend the person concerned or temporarily or permanently remove his or her name from the national register, if any on the proposal of the head of body within the meaning of article 58bis, 2°, after notice of the commission The duration of the suspension or temporary radiation shall be determined by the Minister or the employee delegated by him on the basis of the gravity of the breach, without the Minister being able to exceed a period of one year.
Temporary delisting may, by a reasoned decision of the Minister of Justice or of the delegated official by him, be extended each time for a period of one year, after being aware of the comments of the individual.
§ 2. The Accreditation Commission is also responsible for monitoring compliance by registered translators, interpreters and translators with the code of ethics referred to in Article 21, 7°. The Accreditation Commission may act on its own initiative or in the event of complaints from an interested person regarding a breach of the code. After hearing the translator, interpreter or interpreter, she may make recommendations to the Minister of Justice or to the delegated official by him. It may propose the temporary or final suspension or removal of the translator, interpreter or translator. ".
Art. 16. In section 25 of the Act, the following amendments are made:
(a) 1° is supplemented by the following sentence:
"Translators, interpreters and translators-interpreters domiciled in another EU Member State may justify their professional ability by registering in a similar register in their State, of which they provide proof; ";
(b) the 2° is replaced by the following:
"2° with regard to legal knowledge, a certificate issued after a formation that meets the conditions fixed by the King."
Art. 17. In section 26, the following amendments are made:
1° in paragraph 1^erParagraph 1^er, the words "Article 21, 1° to 8°" are replaced by the words "Article 21, 1° to 7°"; the word "first" is inserted between the words "of" and "president"; and the words ", after favourable opinion of the King's Prosecutor" are repealed;
2° the article is supplemented by a paragraph 3 written as follows:
§ 3. The translator, interpreter and the jurored translator-interpreter are required to continue training, both in terms of language knowledge for which they are registered and in terms of translation and judicial procedure. The Accreditation Commission shall take into account the trainings followed in the evaluation of the extension request.".
Art. 18. In section 27 of the Act, the following amendments are made:
1° in the first sentence, the word "judicial" is repealed;
2° the article whose current text will form paragraph 1^er is supplemented by a paragraph that reads as follows:
"An excerpt from the decision mentioning the identity of the translator, interpreter or translator-interpreter and the motivation is communicated to the service that manages the national registry."
3° the article is supplemented by a paragraph 2 written as follows:
"§2. In civil matters, juror translators, interpreters and interpreters may refuse a mission."
Art. 19. Section 28 of the Act is supplemented by a paragraph written as follows:
"After the production of proof of this activity, the experts concerned are provisionally registered in the national register of judicial experts with the mention of the provisional nature of this registration. The experts concerned are bound by the code of ethics referred to in article 991quater, 7°, of the same Code.".
Art. 20. Section 29 of the Act is supplemented by a paragraph written as follows:
"After the production of proof of this activity, the translators, interpreters and interpreters concerned are provisionally registered in the national register of translators, interpreters and interpreters with the mention of the provisional character of this registration. They are bound by the code of ethics referred to in Article 21.7°. ".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 April 2017.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
Documents: 54k2221/001 to 54k2221/008.
Plenary meeting: 30 March 2017.