Advanced Search

Internment And Various Provisions Regarding Justice Act

Original Language Title: Loi relative à l'internement et à diverses dispositions en matière de Justice

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

4 MAI 2016. - Law on Internship and various Justice Provisions



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Code of Criminal Investigation
Art. 2. In section 9 of the Code of Criminal Investigation, replaced by the Act of 21 June 2001 and amended by the Act of 16 July 2002, the following amendments are made:
(a) the 2° is replaced by the following:
"2° by the federal prosecutor and the federal magistrates;"
(b) the article is completed by a 3° written as follows:
"3° by the Attorney General and other magistrates of the General Prosecutors and General Auditors. ".
Art. 3. Section 364 of the same Code, replaced by the Act of 21 December 2009, is supplemented by a paragraph written as follows:
"The Attorney General and the other magistrates of the General Prosecutors and General Auditors have the right to request the police and inspection services in the manner determined in article 28ter, §§ 3 and 4. ".
CHAPTER 3. - Amendment of the Provincial Law of April 30, 1836
Art. 4. Section 64 of the Provincial Act of 30 April 1836, as amended by the Acts of 27 May 1975 and 17 January 1995, is repealed.
CHAPTER 4. - Amendment of the Act of 15 June 1935
concerning the use of languages in judicial matters
Art. 5. In the Dutch text of Article 43quater, paragraph 6, of the Law of 15 June 1935 concerning the use of languages in judicial matters, last amended by the law of 27 December 2004, the word "afdelingsvoorzitters" is replaced by the word "sectievoorzitters".
CHAPTER 5. - Amendment to the Registration, Mortgage and Registry Rights Code
Art. 6. Section 162 of the Code of Registration, Mortgage and Registry Rights, last amended by the Act of 5 May 2014, is supplemented by the 52° as follows:
"52° The exploits and records of judicial officers relating to the collection of uncontested money debts referred to in articles 1394/20 to 1394/27 of the Judicial Code."
CHAPTER 6. - Amendment of the Act of 29 June 1964
concerning suspension, stay and probation
Art. 7. In section 10 of the Suspension, Suspension and Probation Act of 29 June 1964, as amended by the Acts of 22 March 1999 and 12 May 2014, the following amendments are made:
1° the first dash of paragraph 3 is replaced by the following:
"- a lawyer, chosen by the Minister of Justice on two lists of two names established respectively by the King's Prosecutor or the Crown's Attorneys of the Judiciary and by the Order's Sticker or, in the boroughs where the bars organize themselves with a division of the court, the stickers. ";
2° the second dash of paragraph 3 is supplemented by the words ", on the advice of the competent community minister";
3rd paragraph 6 is supplemented by the words "in the opinion of the competent community minister".
CHAPTER 7. - Amendments to the Judicial Code
Art. 8. Article 32 of the Judicial Code, replaced by the law of 5 August 2006, is supplemented by the 3°, 4°, 5° and 6° written as follows:
"3° "home": the place where the person is registered as principal in the registers of the population;
4° "Residence": any other establishment such as the place where the person has an office or operates a trade or industry;
5° "electronic judicial address": the unique email address, assigned by the competent authority to a natural or legal person;
6° "electronic home election address": any other e-mail address to which a meaning may be made in accordance with section 32quater/1 following the express and prior consent of the recipient for each meaning in question. ".
Art. 9. In the same Code, an article 32quater/1 is inserted as follows:
"Art. 32quater/1. § 1er. The meaning is made electronically to the electronic judicial address. In the absence of an electronic judicial address, the said meaning may also be made to the e-home election address, provided that the recipient has consented to it, each time for the service in question, in an express and prior manner in accordance with the terms fixed by the King, after the advice of the Privacy Commission.
Every time a service is made electronically, the recipient will be kept informed, in accordance with the manner determined by the King, after the advice of the Privacy Commission:
1° of the data that concern it and are recorded in the register referred to in section 32quater/2;
2° of categories of persons who have access to the data referred to in 1°;
3° of the data retention period referred to in 1°;
4° of the person responsible for the treatment referred to in article 32quater/2, § 2;
5° how it can receive data referred to in 1°.
§ 2. Within twenty-four hours of the e-Notice of Service or the request for consent to service electronically to the consignee, the registry referred to in section 32quater/2 shall send a notice of confirmation of service to the judicial officer who served the act. In this case, the service is deemed to have taken place on the date of the above-mentioned notice or application.
Failure to confirm service within the period referred to in paragraph 1er, electronic meaning is considered impossible within the meaning of Article 32quater/3, § 3.
At the opening of the act by the consignee, the registry sends a notice of opening by the recipient to the judicial officer who served the act.
Failure to receive a notice of opening by the recipient within twenty-four hours of sending the notice to the recipient or the request referred to in paragraph 1er, the judicial officer addresses, on the first business day that follows, an ordinary mail to the recipient informing him of the meaning electronically. ".
Art. 10. In the same Code, an article 32quater/2 is inserted as follows:
"Art. 32quater/2. § 1er. At the National Chamber of Judicial Officers, a computerized database is created, called the "Central register of authentic dematerialized acts of judicial officers". In this database are collected the digital data and documents that the King designates after the advice of the Commission on the Protection of Privacy and that are necessary to control the validity of a meaning and establish it in court. This register is an authentic source for all acts registered in it.
The National Chamber of Judicial Officers maintains in this register a list of e-home addresses for which the licensee has given the consent referred to in section 32quater/1, § 1er. This list and the data contained therein may, under the control of the National Chamber of Judicial Officers, be consulted exclusively by judicial officers in the execution of their legal missions and may not be communicated to third parties. The King shall determine, after the advice of the Commission on the Protection of Privacy, the modalities for the creation, conservation and consultation of the said list.
§ 2. The National Chamber of Judicial Officers is considered for the register referred to in paragraph 1eras the person responsible for processing, within the meaning of Article 1er, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
The National Chamber of Judicial Officers shall not disclose the data referred to in paragraph 1er persons other than those referred to in paragraph 3.
The data in the register referred to in paragraph 1er are kept for thirty years.
The King shall, after the advice of the Privacy Commission, establish a procedure under which the data of an electronic meaning, subject to the conditions it has determined, may be deleted from the registry at an earlier time.
§ 3. Judges of the judicial order referred to in section 58bis, clerks and prosecutors, provided that the consultation relates to meanings within their jurisdiction, and judicial officers, provided that the consultation is related to service performed by their department, may consult directly with the registry data referred to in paragraph 1er.
§ 4. Any person who participates, in any capacity, in the collection, processing or communication of data recorded in the register referred to in paragraph 1er or is aware of such data is required to respect its confidential nature. Section 458 of the Criminal Code applies to him.
§ 5. The National Chamber of Judicial Officers is responsible for monitoring the operation and use of the registry referred to in paragraph 1er. Where applicable, Chapter VII of Book IV of Part II of this Code applies.
§ 6. The King shall determine, after the opinion of the Commission on the Protection of Privacy, the modalities for the creation and operation of the registry referred to in paragraph 1er and the data that will be recorded.
§ 7. Within the National Chamber of Judicial Officers, the President of the National Chamber of Judicial Officers designates a data protection officer.
The Data Protection Officer is particularly responsible:
1. the provision of qualified advice in the area of privacy protection, the security of personal data and information and their processing;
2. informing and advising the president and the employees dealing with personal data of their obligations under this Act and the general framework for data protection and privacy;
3. the establishment, implementation, updating and monitoring of a privacy policy;
4. be the point of contact for the Privacy Commission;
5. the execution of other missions relating to the protection of privacy and security that are determined by the King, after the advice of the Commission for the Protection of Privacy.
In carrying out his duties, the data protection officer acts independently and transmits a report directly to the President of the National Chamber of Judicial Officers.
The King shall determine, after the opinion of the Commission for the Protection of Privacy, the rules on the basis of which the data protection officer carries out his duties. ".
Art. 11. In the same Code, an article 32quater/3 is inserted as follows:
"Art. 32quater/3. § 1er. In criminal matters, unless the Public Prosecutor's Office requires a service to a person, the service is made electronically or to a person at the discretion of the judicial officer, depending on the circumstances of the case.
§ 2. In matters other than criminal matters, meaning is made electronically or by person, at the choice of the judicial officer, depending on the circumstances of the case.
§ 3. If electronic meaning proves impossible, meaning takes place to no one.".
Art. 12. Section 36 of the same Code is repealed.
Art. 13. Article 38, § 2, paragraph 1erthe same Code, replaced by the Act of 24 May 1985 and amended by the Act of 19 October 2015, is supplemented by the following sentences:
"The service to the King's Prosecutor is made electronically, in accordance with article 32quater/1. In this case, section 32quater/1, § 2, paragraph 4, does not apply.".
Art. 14. Section 40, paragraph 2, of the same Code, as amended by the laws of 19 October 2015 and 5 February 2016, is supplemented by the following sentences:
"The service to the King's Prosecutor is made electronically, in accordance with article 32quater/1. In this case, section 32quater/1, § 2, paragraph 4, does not apply.".
Art. 15. Section 42, 7°, of the same Code, as amended by the Act of October 19, 2015, is supplemented by the following sentences:
"The service to the King's Prosecutor is made electronically, in accordance with article 32quater/1. In this case, section 32quater/1, § 2, paragraph 4, does not apply.".
Art. 16. In section 43, paragraph 1erin the same Code, as amended by the Acts of 24 June 1970 and 24 May 1985, the following amendments are made:
(a) the 2° is replaced by the following:
"2° of the name, first name, occupation, domicile and, if applicable, electronic judicial address or e-mail address of election of domicile, quality and registration at the Bank-Carrefour of the enterprises of the person at the request of whom the operation is served;"
(b) the 3° is replaced by the following:
"3° of the name, first name, domicile or, in the absence of a home, residence and, where applicable, e-court address or e-home election address and quality of the recipient of the operation;".
Art. 17. In section 57 of the same Code, as amended by the Acts of 24 May 1985 and 6 April 2010, paragraph 1er is completed by the words "or electronic meaning".
Art. 18. In the Dutch text of article 58bis, 3°, of the same Code, inserted by the law of 22 December 1998 and last amended by the law of 1er December 2013, the words "afdelingsvoorzitter in het Hof van Cassatie" are replaced by the words "sectievoorzitter in het Hof van Cassatie".
Art. 19. In article 65bis, paragraph 2, first sentence, of the same Code, inserted by the law of 13 March 2001 and replaced by the law of 1er December 2013, the words "alternative" are repealed and the word "and" is replaced by the word "or" .
Art. 20. Section 67 of the Code, repealed by the law of 11 July 1994, is reinstated in the following wording:
"Art. 67. The president of justices of the peace and judges in the police court is responsible for the general management and organization of justices of the peace. ".
Art. 21. In section 76 of the Code, replaced by the Act of 30 July 2013 as amended by the Act of 8 May 2014, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "bedrooms of the application of penalties" are replaced by the words "bedrooms of the application of penalties and social protection chambers";
2° Paragraph 4 is supplemented by a paragraph which reads as follows:
"With the exception of the judgments, for which they sit in any court of first instance located in the jurisdiction of the Court of Appeal, the Social Welfare Chambers may sit in any court of first instance established in the jurisdiction of the Court of Appeal, in penitentiary institutions, in social defence institutions and in all institutions where internees stay."
Art. 22. In article 77 of the same Code, amended by the laws of 17 May 2006 and 1er December 2013, the words "in the application of penalties" are replaced by the words "in the enforcement court".
Art. 23. In section 78 of the Code, amended by the laws of 17 May 2006, 13 June 2006, 3 December 2006, 17 March 2013, 30 July 2013, 10 April 2014 and 19 October 2015, the following amendments are made:
1° paragraph 2 is replaced by the following:
"The chambers of the application of the penalties referred to in Article 76, § 1erParagraph 1er, are composed of a judge, who presides, an assessor in the application of specialized prison sentences and an assessor in the application of penalties and specialized in social reintegration. ";
2° a paragraph is inserted between paragraphs 2 and 3:
"The social protection chambers referred to in Article 76, § 1erParagraph 1er, are composed of a judge, who presides them, an assessor in the application of penalties and an internment specialized in social reintegration and an internment assessor specialized in clinical psychology. ";
3° in paragraph 4, which becomes paragraph 5, the words "in application of penalties" are replaced by the words "in court of application of penalties", and in the Dutch text the words "in de sociale reintegratie" are replaced by the words "in sociale re-integratie".
Art. 24. In section 80bis of the same Code, inserted by the Act of 17 May 2006 as amended by the Act of 27 December 2006, and amended by the Act of 10 April 2014, the following amendments are made:
1° in paragraph 1er, the words "effective judge in court of first instance" are replaced by the words "effective judge or deputy judge referred to in article 156bis";
2° in paragraph 2, the words "in the Court of First Instance of the Court of Appeal" are replaced by the words "named in the Court of Appeal or an advisor".
Art. 25. In article 86 of the same Code, the word "sections" is replaced by the word "bedrooms" and the word "section" is replaced by the word "bedroom".
Art. 26. In article 87, paragraph 5, of the same Code, inserted by the law of 17 May 2006, the words "in application of penalties" are replaced by the words "in the court of application of penalties".
Art. 27. Article 88 of the same Code, last amended by the law of 1er December 2013 as amended by the Act of 8 May 2014, the following amendments are made:
1° in paragraph 1erParagraph 1erthe second sentence is repealed;
2° in paragraph 1er, paragraph 2, the words "in the application of penalties" are replaced by the words "in the enforcement court";
Paragraph 2 is replaced by the following:
"§2. Incidents that are raised with respect to the distribution of cases between divisions, sections, chambers or judges of the same court in accordance with the particular regulations or the disposition of cases are resolved as follows:
Where such an incident is raised first of all, by one of the parties, or when it is raised ex officio at the opening of the proceedings, the division, section, chamber or judge shall submit the file to the chair of the court for the purpose of deciding whether to alter the award of the case and the Public Prosecutor's Office shall be informed at the same time. The parties making the request have a period of eight days from the hearing to file conclusions. The Public Prosecutor ' s Office may render a notice within the same time limit.
The chair shall make an order within eight days of the hearing. It may assign the matter immediately to a division, section, chamber or judge and set a date for the continuation of the examination. This order is not subject to appeal, except for the Attorney General's appeal to the Court of Appeal, before the Court of Cassation, within the time limits and in accordance with the terms and conditions set out in section 642, paragraphs 2 and 3. Copy of the decision of the Court of Cassation is sent by the Registrar of the Court to the President of the Court and the parties.
The decision binds the judge to whom the application is dismissed, with all rights of appreciation except on the merits of the dispute. ".
Art. 28. In section 89 of the same Code, replaced by the Act of 17 February 1997 and amended by the Act of 17 May 2006, the words "in application of penalties" are replaced by the words "in court of enforcement of penalties".
Art. 29. Section 91 of the same Code, replaced by the Act of 3 August 1992 and last amended by the Act of 19 October 2015, is supplemented by a paragraph written as follows:
"In the matter of internment, the cases referred to in sections 4 and 53 of the Act of May 5, 2014 relating to internment are assigned to the president of the Social Protection Chamber, ruling as a single judge. ".
Art. 30. Article 92, § 1er, paragraph 2, of the same Code, inserted by the law of 17 May 2006, is replaced by the following:
"In the matter of enforcement of sentences and internment, cases not assigned to a single judge are assigned to chambers composed in accordance with article 78, paragraphs 2 and 3. ".
Art. 31. In article 92bis of the same Code, inserted by the law of 17 March 2013 and amended by the law of 19 October 2015, the words "78, paragraph 4" are replaced by the words "78, paragraph 5".
Art. 32. In article 105 of the same Code, the word "sections" is replaced by the word "bedrooms" and the word "section" is replaced by the word "bedroom".
Art. 33. In section 128 of the same Code, as amended by the Act of 6 May 1997, the following amendments are made:
1° in the Dutch text of paragraph 2, the word "afdelingen" is replaced by the word "secties";
2° in the Dutch text of paragraph 3, the word "afdeling" is replaced by the word "sector".
Art. 34. In the Dutch text of article 129, paragraph 2, of the same Code, as amended by the laws of 22 December 1998 and 27 December 2004, the word "afdelingsvoorzitters" is replaced by the word "sectievoorzitters".
Art. 35. In section 150bis of the same Code, inserted by the Act of 22 December 1998 and amended by the Acts of 25 April 2007 and 18 February 2014, paragraph 4 is repealed.
Art. 36. In section 152bis of the same Code, inserted by the Act of 12 April 2004 and amended by the Acts of 25 April 2007 and 18 February 2014, paragraph 4 is repealed.
Art. 37. In the same Code, an article 160bis is inserted as follows:
"Art. 160bis. Chief Clerks of Courts of First Instance and Chief Secretaries of the Public Prosecutor's Office must be trained in budgetary management and court fees within two years of the year of their appointment or designation. ".
Art. 38. In section 162, § 2, paragraph 3, of the same Code, replaced by the law of April 25, 2007 and amended by the law of February 5, 2016, the words "to assign the exercise of all the powers of the public ministry to" are replaced by the words "to share the exercise of all the powers of the public ministry with".
Art. 39. In section 185/2 of the same Code, inserted by the Act of 18 February 2014, the following amendments are made:
1° in paragraph 3, paragraph 3, the words "or parquet" are replaced by the words ", the parquet or the auditory of the work";
2° Paragraph 3 is supplemented by a paragraph which reads as follows:
"The training in budgetary management and court fees provided by the Judicial Training Institute is followed by at least one judge of the management committee of the courts of first instance, the police courts, the prosecutors' offices of the King and the labour auditors."
Art. 40. In Article 186, § 1er, paragraph 10, of the same Code, last amended by the Act of April 25, 2007, the words "in application of penalties" are replaced by the words "in court of enforcement of sentences".
Art. 41. In Article 190, § 2, paragraph 1er, 2°, of the same Code, last amended by the Act of 21 February 2010, the words "near the courts of appeal and near the courts of first instance" are replaced by the words "near the courts and tribunals".
Art. 42. In section 191bis of the same Code, restored by the Act of 7 April 2005 and amended by the Act of 27 December 2006, the following amendments are made:
(a) in paragraph 2, paragraph 1er, the words "recommended letter to the mail" are replaced by the words "electronic channel";
(b) in paragraph 2, paragraph 2 is supplemented by the following sentence:
"The supporting documents attached to a claim declared admissible shall no longer be claimed when the candidate introduces a new application for participation in an oral assessment examination. ";
(c) in paragraph 2, paragraph 4, the words "by registered letter to the post" are replaced by the words "by electronic means";
(d) in paragraph 2, paragraph 5, the words "by registered letter to the post" are replaced by the words "by electronic means";
(e) Paragraph 2, paragraph 6, is replaced by two subparagraphs, as follows:
"Previously at the oral assessment examination, the appointing and appointing board shall, by electronic means, request the written written opinion motivated:
1° of the representative of the bar or bars of the relevant judicial district designated by the order or orders of lawyers of the bar or bar of that district where the candidate exercises or has acted as a lawyer. For the judicial district of Brussels, the opinion of the representative of the French Order or the representative of the Dutch Order is collected, as the candidate is or has been included in the table of the French Order or the Dutch Bar Association;
2°, if any, of the head of the court where the candidate is acting as an alternate judge or alternate counsel.
The notice includes the useful professional experience that the candidate may avail himself of in performing functions as a judge."
(f) in paragraph 2, paragraph 7, which becomes paragraph 8, is replaced by the following:
"The persons referred to in paragraph 6 may not issue a notice on the parents or allies to the fourth degree or on persons with whom they constitute a de facto household."
(g) in paragraph 2, paragraph 9, which becomes paragraph 10, the words "the said notice is supposed to be neither favourable nor unfavourable" are replaced by the words "he has passed in this opinion";
(h) in paragraph 3, paragraph 2, the words "by reasoned letter and recommended to the post" are replaced by the words "in written written reasons transmitted electronically" and the paragraph is supplemented by the following sentence:
"An updated version of the curriculum vitae may be attached to the application. ".
Art. 43. In section 192 of the same Code, which was replaced by the Act of 18 July 1991 and last amended by the Act of 21 February 2010, the words "close to the courts of appeal and the courts of first instance" are replaced by the words "nearly the courts and tribunals".
Art. 44. In Article 194, § 2, paragraph 1er, 2°, of the same Code, replaced by the Act of 18 July 1991 and last amended by the Act of 21 February 2010, the words "close to the courts of appeal and near the courts of first instance" are replaced by the words "nearly the courts and tribunals".
Art. 45. In section 196bis of the same Code, inserted by the Act of 17 May 2006 and amended by the Act of 6 January 2014, the following amendments are made:
1st paragraph 1er is replaced by the following:
"Assessors in the application of specialised prison, staffing and alternate sentences, assessors in the application of penalties and internment specialized in social reintegration, staffing and alternate, and in-house assessors specializing in clinical, staffing and alternate psychology are appointed by the King."
2° in paragraph 2:
(a) the words "comité de selection composé" are replaced by the words "comité de selection francophone et un comité de selection neerlandophone composé";
(b) the first dash is replaced as follows:
"- a judge of the seat designated by the College of Courts and Courts or its alternate;"
(c) in the third dash, the words "Execution of Penalties and Measures" are replaced by the words "Penal Institution";
(d) the fourth dash is supplemented by the words "or their designated representative within these services";
3° in paragraph 3, the second sentence is deleted.
Art. 46. In section 196ter of the same Code, inserted by the Act of 17 May 2006, the following amendments are made:
(a) in paragraph 1erParagraph 1er4°, the words "and not over sixty-five years" are repealed;
(b) in paragraph 1er, paragraph 2, the words "in application of penalties" are replaced by the words "in application of penalties and confinement" and in the Dutch text the words "in de sociale reintegratie" are replaced by the words "in sociale re-integratie";
(c) in paragraph 1er, paragraph 2, 4, the words "and not over sixty-five years" are repealed;
(d) paragraph 1er is supplemented by a paragraph that reads as follows:
"In order to be appointed an internment assessor specialized in effective or alternate clinical psychology, the candidate must meet the following conditions:
1° having at least five years of useful professional experience attesting to a practical knowledge of issues related to clinical psychology;
2° to hold a master's degree in psychological sciences;
3° be Belgian;
4° be at least thirty years old;
5° enjoy civil and political rights. ";
(e) Paragraph 2 is replaced by the following:
"§2. Assault functions under effective penalties are exercised full-time.
Assessors under actual and alternate sentences shall be appointed for a period of one year renewable for a period of three years, then each time for a period of four years, after evaluation. ";
(f) Paragraph 2, replaced by (e), is replaced by the following:
"§2. The role of an effective assailant in the enforcement court is exercised full-time.
The assessors in the tribunal for the application of actual and alternate sentences are appointed for a period of one year renewable for the first time for a period of three years, then each time for a period of four years, after evaluation. ";
(g) Paragraph 5 is replaced by the following:
§ 5. Assault warrants in the application of prison sentences, assailant in the application of penalties and internment specialized in social reintegration and assailant in the specialized in clinical psychology cannot be accumulated. ".
Art. 47. In section 196quater of the same Code, inserted by the Act of 17 May 2006 and amended by the Act of 6 January 2014, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. The assessment of assessors in the tribunal of the application of the effective and alternate penalties shall be carried out, after the opinion of the chair of the courtroom of the application of the penalties in which the assailant sits, by the president of the court of first instance in which the assailant performs his duties. ";
2° in paragraph 2, paragraph 1er, the words "in application of penalties" are replaced by the words "in the court of application of penalties" and the word "renewable" is repealed;
3° in paragraph 3, paragraph 3, the words "at least one of the evaluators" are replaced by the words "the evaluator";
4° in paragraph 3, paragraph 4, the words "The first president of the court of appeal" are replaced by the words "The president of the court of first instance" and the words "recommended letter to the post with" by the words "electronic way against";
5° in paragraph 3, paragraph 5, the words "recommended letter to the position with" are each time replaced by the words "electronic channel against", the words "to the first president of the court of appeal" by the words "to the president of the court of first instance" and the words "The first president of the court of appeal" by the words "The president of the court of first instance";
6° the article is supplemented by a paragraph 4 as follows:
§ 4. The assessors in the court of application of the penalties that have obtained a final mention "insufficient" may lodge an appeal against this reference before the first president of the court of appeal within thirty days of the notification. ".
Art. 48. In the second part, title VI, chapter II, section II, of the same Code, it is inserted an article 196quinquies as follows:
"Art. 196quinquies. In accordance with the Act of 15 June 1935 concerning the use of languages in judicial matters, the first president of the Court of Appeal may, at the request of a president of a court of first instance located in another jurisdiction, temporarily delegate an assessor to the court of application of the effective or alternate penalties that consent to perform his duties as a supplement in another court of enforcement of sentences.
The delegation order of the first president indicates the reasons for the delegate of an effective or alternate assessor and the terms and conditions of the delegation. ".
Art. 49. In section 224, 4°, of the same Code, replaced by the Act of December 21, 2009, the words "in enforcement of sentences" are replaced by the words "in the court of enforcement of sentences".
Art. 50. In the Dutch text of Article 254, § 2, paragraph 2, of the same Code, replaced by the law of 22 December 1998, the word "afdelingsvoorzitter" is replaced by the word "sectievoorzitter".
Art. 51. Article 259bis-9, § 4, of the same Code, inserted by the law of January 31, 2007, is supplemented by the following sentence:
"The mandatory training of judges appointed on the basis of the professional fitness examination or the oral assessment examination includes training in budgetary management and court fees. ".
Art. 52. In section 259ter of the same Code, inserted by the Act of 22 December 1998 and last amended by the Act of 8 May 2014, the following amendments are made:
1° in paragraph 1erParagraph 1er, the word "quarante-five" is replaced by the word "trente-five" and the words "for applications that he declared admissible under the conditions referred to in articles 287sexies and 216bis," are inserted between the words "to the Belgian Monitor," and the words "the motivated written notice";
2° in paragraph 2, paragraph 1er, the words "in double copy" are repealed, the words "against acknowledgement of receipt dated or by registered letter to the post with acknowledgement of receipt" are replaced by the words "by electronic means against acknowledgement of receipt" and the sentence "The acknowledgement of receipt is addressed to the Minister of Justice." is repealed;
3° in paragraph 2, paragraph 2 is replaced by the following:
"Without prejudice to the application of Article 259bis-19, § 2bis, in the absence of a notice within the prescribed time limit or in the absence of the use of the standard form, it has gone beyond this notice; no later than eight days after the end of this period, the candidate concerned shall be informed by the Minister of Justice electronically against receipt. ";
4° in paragraph 2, paragraph 3, the words "recommended letter" are replaced by the words "electronic voice" and the word "nonante" is replaced by the word "eighty";
5° in paragraph 2, paragraph 4 (a) is replaced by the following:
"(a) the application and supporting documents referred to in article 287sexies, paragraph 3 or 8, concerning studies and professional experience;"
6° in paragraph 2, paragraph 4, (c) is supplemented by the words ", as well as evidence of receipt of such notices by the candidate";
7° in paragraph 2, paragraph 4, (d) is supplemented by the words "and the internship reports established by the internship masters";
8° in paragraph 2, paragraph 4 (f) is replaced by the following:
"(f) an extract from the criminal record whose date is after the publication referred to in paragraph 1erParagraph 1er"
9° in paragraph 3, paragraph 1er, the word "cent" is replaced by the word "nonante";
10° in paragraph 3, paragraph 1er, the words "with the request to issue a reasoned opinion for each of the candidates;" are replaced by the words "with the request to issue a written notice based on a model form prepared by the Minister of Justice on the proposal of the Superior Council of Justice, for each of the candidates;"
11° in paragraph 3, paragraph 2, the word "cent" is replaced by the word "nonante" and the words "recommended letter to the post" are replaced by the words "by electronic means";
12° in paragraph 3, paragraph 4, the words "in double copy" are repealed, the words "against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt" are replaced by the words "by electronic means against acknowledgement of receipt" and the sentence "The acknowledgement of receipt is sent to the Minister of Justice." is repealed;
Paragraph 3, paragraph 5, is replaced by the following:
"In the absence of a notice within the prescribed time limit for each candidate or failing to use the standard form, the notice has been given; no later than eight days after the end of this period, the candidates concerned are informed by the Minister of Justice electronically against receipt. ";
14° Paragraph 3 is supplemented by a paragraph which reads as follows:
"Candidates have barely a fifteen-day deadline from the notification of the General Assembly's notice to provide their comments electronically to the Minister of Justice. In the absence of a notice within the prescribed time limit, they shall have a period of one hundred and thirty-five days from the publication referred to in subsection 1er"
15° in paragraph 4, paragraph 1er, the word "cent" is replaced by the word "nonante" and the words "of each candidate" are replaced by the words "of candidates whose candidature has been declared admissible";
16° in paragraph 4, paragraph 2, the words "forty days" are replaced by the words "fifty-five days";
17° in paragraph 4, paragraph 4, the word "cent" is replaced by the word "nonante", the words "recommended letter to the post" are replaced by the words "electronic channel" and the words "40 days" are replaced by the words "fifty-five days";
18° paragraph 4, paragraph 5, is supplemented by the words "whose candidacy has been declared admissible";
19° in paragraph 4, paragraph 6, the words "recommended letter to the post" are replaced by the words "electronic channel";
20° in paragraph 4, paragraph 13, the words "recommended letter to the post with acknowledgement of receipt or against acknowledgement of receipt" are replaced by the words "electronic channel against acknowledgement of receipt" and the words "the list is communicated" are replaced by the words "the list is communicated electronically";
21° in paragraph 4, paragraph 14, the words "recommended letter to the post" are replaced by the words "electronic channel";
22° in paragraph 4, paragraph 15, the words "recommended letter to the post" are replaced by the words "electronic channel";
23° in paragraph 5, paragraph 1er is replaced by the following:
"On receipt of the presentation, the King has a period of fifty days to make a decision and to communicate it electronically to the appointing committee, to the candidates, to the head of the court or the public prosecutor close to the jurisdiction where the appointment is to take place, to the head of the candidate's body and to the attorney general of the place where the oath is to be lent. ";
24° in paragraph 5, paragraph 2, the words "recommended letter to the post or against receipt" are replaced by the words "electronic channel against receipt" and the words "simple letter" are replaced by the words "electronic channel";
25° in paragraph 5, paragraph 3, the first sentence is replaced by the following:
"Each time the King fails to decide within the fifty-day period, the appointing committee concerned and the candidates have, from the fifty-fifth day, a fifteen-day period to notify the Minister of Justice on an electronic basis. ".
Art. 53. In section 259quater of the same Code, inserted by the Act of 22 December 1998 and last amended by the Act of 5 February 2016, the following amendments are made:
1° in paragraph 2, paragraph 1er, the word "quarante-five" is replaced by the word "trente-five" and the words "for applications that he declared admissible under the conditions referred to in article 287sexies," are inserted between the words "to the Belgian Monitor," and the words "the motivated written notice";
2° paragraph 2, paragraph 1er, 3,° is completed by the following sentence:
"For the first president of the Court of Cassation and the Attorney General near the Court of Cassation, the notice is collected from the Bar Association at the Court of Cassation. ";
3° in paragraph 2, paragraph 3 (a) is replaced as follows:
"(a) the application and supporting documents referred to in article 287sexies, paragraph 8, concerning studies and professional experience;"
4° in paragraph 2, paragraph 3, (c) is supplemented by the words ", as well as evidence of receipt of such notices by the candidate";
5° in paragraph 2, paragraph 3 (f) is replaced by the following:
"(f) an extract from the criminal record whose date is after the publication referred to in paragraph 1er"
6° paragraph 3, paragraph 2, 4°, is supplemented by the words "whose candidacy has been declared admissible";
7° in paragraph 5, paragraph 1er is supplemented by the following sentence:
"When the magistrate appointed president of the justices of the peace and the judges in the police court is not a justice of the peace or a judge of the police court, he shall be designated a justice of the peace if the vice-president is a judge of the police court and a judge of the police court if the vice-president is a justice of the peace. ";
8° in paragraph 7, the words "recommended letter to the post or against acknowledgement of receipt" are replaced by the words "electronic channel against acknowledgement of receipt".
Art. 54. In article 259quinquies of the same Code, inserted by the law of 22 December 1998 and last amended by the law of 1er December 2013, the following amendments are made:
1° in paragraph 1er3°, paragraphs 1er and 2, the words ", for a renewable period of 3 years," are repealed each time;
2° in paragraph 1er, 3°, paragraph 3 is supplemented by the following sentence:
"According to the case, the replacement may be allowed in the court or prosecutor's office in which the designation took place or, if the designated person was a judge in a court or prosecutor's office other than the court or prosecutor's office where it is designated, in that court or prosecutor's office."
3° paragraph 1er is supplemented by a paragraph that reads as follows:
"The appointment to the term of office of divisional president, divisional prosecutor or divisional auditor shall suspend the deputy term in which the judge was appointed in or outside the jurisdiction or prosecutor's office in which the designation as divisional president, division prosecutor or division auditor took place. However, the appointment to the Deputy Prosecutor of Division or Division Auditor terminates the Deputy Prosecutor of the Deputy King of Brussels or Auditor of the Deputy Labour of Brussels. ";
4° in the Dutch text of paragraph 1erbis, paragraph 4, the word "afdelingsvoorzitter" is replaced by the word "sectievoorzitter";
5° a paragraph 1ter is inserted as follows:
§ 1ter. The designations as Vice-President of Justices of the Peace and Judges of the Police Court shall be made for a period of five years renewable after assessment if the new President has the same status as the outgoing President or the designated Judge of the Peace Judges and Judges in the Police Court is neither a Justice of the Peace nor a Judge in the Police Court. The anticipated termination of the term of office of president of justices of the peace and judges in the police court shall terminate the term of office of vice-president on the basis of the swearing-in of the president's successor unless the new president has the same status as the outgoing president or the designated magistrate chair of justices of the peace and judges in the police court is neither a justice of the peace or a judge in the police court.
In the event of an early termination of the term of office of the Vice-Chair, the procedure referred to in paragraph 1er is initiated to designate the magistrate who will complete the current mandate. Depending on whether the Vice-Chairperson was a justice of the peace or a judge in the police court, he or she will be replaced by a justice of the peace or a judge in the police court.
If the Vice-Chair is not renewed, the procedure referred to in paragraph 1er is started.
At the expiry of their term, they reinstate the last function to which they were appointed.
The Vice-President of Peace Judges and Judges in the Police Court is presumed to have commenced his term of office on the date of swearing-in of the President of Peace Judges and Judges in the Police Court. ";
6° in paragraph 2, the words ", division auditors and vice-presidents of justices of the peace and judges in the police court" are replaced by the words "and division auditors".
Art. 55. In section 259sexies of the same Code, inserted by the Act of 22 December 1998 and last amended by the Act of 5 February 2016, the following amendments are made:
1° in paragraph 1er, 3°, paragraph 4, the words "cent days" are replaced by the words "nonante jours";
2° in paragraph 1er, 3°, paragraph 5, the words "cent days" are replaced by the words "nonante jours" and the words "recommended letter to the post" are replaced by the words "electronic channel";
3° paragraph 1er, 3°, 6, is replaced by the following:
"The College of Attorneys General shall send the notices to the Minister of Justice within thirty days of the application and shall transmit a copy to the candidates concerned electronically against receipt. ";
4° in paragraph 1er, 3°, paragraph 7, the words "recommended letter to the post with acknowledgement of receipt" are replaced by the words "electronic channel against acknowledgement of receipt";
5° in paragraph 1er, 4°, paragraph 1erthe words "in the courts of first instance" and the words "in the court of appeal" are repealed;
6° in paragraph 1er, 4°, paragraph 4, the words "in the court of first instance" and the words "in the court of appeal" are repealed;
7° paragraph 1er, 4°, 5, is supplemented by the following sentence:
"According to the case, the replacement may be allowed in the jurisdiction in which the designation took place or, if appointed in another jurisdiction, in that jurisdiction. ";
8° paragraph 1er5°, paragraph 5, is supplemented by the following sentence:
"According to the case, the replacement may be allowed in the parquet in which the designation took place or, if appointed in another parquet, in that parquet floor."
9° in paragraph 2, paragraph 2 is replaced by the following:
"The judges in the enforcement court and the substitutes of the King's procurator specializing in sentencing are appointed for a period of one year, renewable for the first time for a period of three years, then each time for a period of four years, after evaluation."
Art. 56. Section 259octies of the same Code, inserted by the Act of 22 December 1998 and last amended by the Act of 29 February 2016, is supplemented by paragraph 9 as follows:
"§ 9. The King determines the legal assistance of judicial interns and compensation for damages to property incurred by them in accordance with the provisions in force for State officials."
Art. 57. In section 259news of the same Code, inserted by the Act of 22 December 1998, replaced by the Act of 18 December 2006 and amended by the Act of 1er December 2013, the following amendments are made:
1° in paragraph 2, paragraph 2, the words "recommended letter to the post" are replaced by the words "electronic channel";
2° in paragraph 3, paragraph 3, the words "recommended letter to the post" are replaced by the words "electronic channel";
3° in paragraph 4, paragraph 1er, the words "recommended letter to the post" are replaced by the words "electronic channel";
4° in paragraph 5, paragraph 1er, the words "with acknowledgement of receipt dated" are replaced by the words "by acknowledgement of receipt dated" and the words "recommended letter to the post with acknowledgement of receipt" are replaced by the words "electronic channel against acknowledgement of receipt";
5° in paragraph 5, paragraph 2, the words "recommended letter to the post with acknowledgement of receipt" are replaced by the words "electronic channel against acknowledgement of receipt" and the words "who joins the original" are replaced by the words "who joins them";
6° in paragraph 6, the words "recommended letter to the post with" are replaced by the words "electronic channel against";
7° in paragraph 9, paragraph 6, the words "recommended letter to the post" are replaced by the words "electronic channel";
8° in paragraph 9, paragraph 8, the words "by registered letter to the post with" are replaced by the words "by electronic means against";
9° in paragraph 10, paragraphs 4 and 5, the words "in duplicate" are each time repealed;
10° in paragraph 10, paragraph 6, the words "recommended letter to the post with" are replaced by the words "electronic channel against";
11° in paragraph 10, paragraph 7 is replaced by the following:
"In the absence of a notice within the prescribed time limit, he went beyond that notice. ";
12° in paragraph 10, paragraph 8, the words "recommended letter to the post" are replaced by the words "electronic channel";
13° in paragraph 10, paragraph 10, the words "recommended letter to the post with" are replaced by the words "electronic channel against";
14° in paragraph 10, paragraph 11, the words "recommended letter to the post with" are replaced by the words "electronic channel against" and the words "who joins the original" are replaced by the words "who joins them";
15° in paragraph 10, paragraph 13, the words "recommended letter to the post with" are replaced by the words "electronic channel against";
16° in paragraph 10, paragraph 14, the fifth dash shall be replaced by the following:
"- exhibits certifying receipt of notices by the candidate."
Art. 58. In the second part, title VI, chapter Vquinquies of the same Code, it is inserted a section IV entitled "From the Appeals Board".
Art. 59. In section IV, inserted by section 58, an article 259undecies/1 is inserted as follows:
"Art. 259undecies/1. Magistrates may appeal to a board of appeal against the final "insufficient" statement obtained in the course of their assessment within thirty days of the notification of this reference.
The College of Courts and Courts shall be designated by language and for three years six members from first-degree courts and six members from courses.
The College of the Public Prosecutor ' s Office shall designate six members from the Crown Prosecutor ' s Office and the Labour Auditors and six members from the General Prosecutor ' s Office and the General Auditors for three years.
For the purposes of this article, members of and near the Court of Cassation shall, respectively, be considered to members of the courts and general prosecutors.
For the purposes of this article, members of the Federal Public Prosecutor's Office are assimilated to members of the Public Prosecutor's Office.
Depending on whether the appellant belongs to the seat or the Public Prosecutor's Office, the appeal is sent to the chair of the College of Courts and Tribunals or to the chair of the College of Public Prosecutions who compose the appeal board within five days.
The Appeals Board is composed of three judges of the Public Prosecutor's Office, respectively, of the same linguistic role as the applicant appointed by the President of the Public Prosecutor's College or three judges of the seat of the same linguistic role as the applicant appointed by the President of the College of Courts and Tribunals. ".
Art. 60. Section 260 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 10 April 2014, the current text of which will form paragraph 1er, is supplemented by paragraph 2 as follows:
"§2. Upon completion of an internship to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his or her assessment period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his or her appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board.
The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ".
Art. 61. In section 261 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 10 April 2014, the following amendments are made:
1° paragraphs 2 and 3 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board. ";
2° Paragraph 4 is replaced by the following:
"The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ".
Art. 62. In section 262 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 29 December 2010, 1er December 2013 and 10 April 2014, the following amendments are made:
(a) in paragraph 1erParagraphs 2 and 3 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board. ";
(b) in paragraph 1erParagraph 4 is replaced by the following:
"The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ";
(c) in paragraph 2, paragraph 1er, the 2° is replaced by the following:
"2° be awarded, for the function concerned, a comparative selection referred to in Article 279, § 4."
(d) in paragraph 2, paragraphs 2 to 6 are repealed.
Art. 63. In section 263 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 29 December 2010, 1er December 2013 and 10 April 2014, the following amendments are made:
(a) in paragraph 1erParagraphs 2 and 3 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board. ";
(b) in paragraph 1erParagraph 4 is replaced by the following:
"The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ";
(c) in paragraph 2, paragraph 1er, the 2° is replaced by the following:
"2° be awarded, for the function concerned, a comparative selection referred to in Article 279, § 4."
(d) in paragraph 2, paragraphs 2 and 3 are repealed.
Art. 64. Section 264 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 1er December 2013, the following amendments are made:
1° in paragraph 1erParagraphs 2 and 3 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board. ";
2° in paragraph 1erParagraph 4 is replaced by the following:
"The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ";
3° in paragraph 2, 1°, the words "or a prosecutor's office" are replaced by the words ", a prosecutor's office or, if applicable, a support service";
Paragraph 3 is replaced by the following:
§ 3. The comparative selection can include several modules of successive tests to which the candidate is admitted only subject to the success of the previous module. In this case, the classification is only based on the results of the last module. ".
Art. 65. In section 265 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 29 December 2010 and 10 April 2014, the following amendments are made:
(a) in paragraph 1erParagraphs 2 and 3 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board. ";
(b) in paragraph 1erParagraph 4 is replaced by the following:
"The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ";
(c) in paragraph 2, paragraph 1er, the 2° is replaced by the following:
"2° be awarded, for the function concerned, a comparative selection referred to in Article 279, § 4."
(d) in paragraph 2, paragraphs 2 and 3 are repealed.
Art. 66. In section 266 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 29 December 2010 and 10 April 2014, the following amendments are made:
(a) in paragraph 1erParagraphs 2 and 3 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board. ";
(b) in paragraph 1erParagraph 4 is replaced by the following:
"The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ";
(c) in paragraph 2, paragraph 1er, the 2° is replaced by the following:
"2° be awarded, for the function concerned, a comparative selection referred to in Article 279, § 4."
(d) in paragraph 2, paragraphs 2 and 3 are repealed.
Art. 67. In section 267 of the Code, replaced by the Act of 25 April 2007, the following amendments are made:
1° in paragraph 1erParagraphs 2 and 3 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board. ";
2° in paragraph 1erParagraph 4 is replaced by the following:
"The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ";
3° in paragraph 2, 1°, the words "or a prosecutor's office" are replaced by the words ", a prosecutor's office or, if applicable, a support service";
Paragraph 3 is replaced by the following:
§ 3. The comparative selection can include several modules of successive tests to which the candidate is admitted only subject to the success of the previous module. In this case, the classification is only based on the results of the last module. ".
Art. 68. In section 268 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 1er December 2013 and 10 April 2014, the following amendments are made:
1° in paragraph 1erParagraphs 2 to 5 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or for serious misconduct, the King may terminate the internship on the proposal of the said appeal board.
The time and status applicable to trainees at levels B, C and D, referred to in section 177, shall be applied to the same extent and under the same conditions. ";
Paragraph 2 is replaced by the following:
"§2. In order to be able to be appointed, by promotion, in a level A class, the candidate must be appointed definitively at level B or C in a office, a prosecutor's office or, where applicable, a support service and be awarded, for the function concerned, a comparative selection referred to in section 279, § 4.".
Art. 69. Section 269 of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 10 April 2014, is repealed.
Art. 70. In section 270 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 1er December 2013 and 10 April 2014, the following amendments are made:
1° in paragraph 1erparagraphs 2 to 4 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or due to serious misconduct, the Minister of Justice may terminate the course on the proposal of the said Board of Appeal. ";
2° in paragraph 2, 1°, the words "or a prosecutor's office" are replaced by the words ", a prosecutor's office or, if applicable, a support service";
3° in paragraph 3, the words "to the provisional appointment" are replaced by the words "to the internship".
Art. 71. In section 271 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 1er December 2013 and 10 April 2014, the following amendments are made:
1° in paragraph 1erparagraphs 2 to 4 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or due to serious misconduct, the Minister of Justice may terminate the course on the proposal of the said Board of Appeal. ";
2° in paragraph 2, 1°, the words "or a prosecutor's office" are replaced by the words ", a prosecutor's office or, if applicable, a support service";
3° in paragraph 3, the words "to the provisional appointment" are replaced by the words "to the internship".
Art. 72. In section 272 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 1er December 2013 and 10 April 2014, the following amendments are made:
1° paragraphs 2 to 4 are replaced by the following:
"At the end of an internship that is to be able to assess the candidate's suitability for the position, the appointment becomes final when the trainee obtained, at the end of his evaluation period, the reference "responds to expectations" or "exceptional" or when the appeal board referred to in section 287quater proposed his appointment.
In the course of an internship, in the event of professional incapacity or due to serious misconduct, the Minister of Justice may terminate the course on the proposal of the said Board of Appeal. ";
2° in paragraph 5, the words "to provisional appointment" are replaced by the words "to internship".
Art. 73. In the second part, Book I, Title VI, Chapter VI, of the same Code, the title of Section II, inserted by the Act of 25 April 2007, is replaced by the following:
"From the selection."
Art. 74. Section 273 of the Code, replaced by the Act of 25 April 2007, is replaced by the following:
"Art. 273. The King sets out the terms for the comparative selection referred to in sections 261 to 268 and 270 to 272. ".
Art. 75. In section 274 of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 1er December 2013 and 10 April 2014, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. In Level A and for a job as clerk or secretary, the steering committee chooses whether the job is to be attributed by way of change, mobility, recruitment, promotion and/or change of rank.
For the justices of the peace and the police courts of the judicial district of Brussels, this choice belongs to the president of the court of first instance. The president of the competent court of first instance shall be determined in accordance with section 186 bis, paragraphs 2 to 7."
2° paragraph 2, paragraph 1er, is replaced by the following:
"For the appointment to the Chief Clerk, Chief Clerk of Service, Chief Secretary, Chief Secretary of Service, or to duties in Class A3 or A4 of Level A, the Executive Committee shall choose whether the job is to be attributed by way of change or promotion. ";
3° it is inserted a paragraph 2/1, which reads as follows:
§ 2/1. For designation as Chief Clerk or Chief Secretary, the position is filled with vacant employment by appealing to judicial personnel who meet the regulatory requirements and who may be eligible for it by promotion. ";
4° in paragraph 3, the words "of justice" are inserted between the words "of the minister" and the words "or his delegate";
5° in paragraph 4, paragraph 1er, the words "of justice" are inserted between the words "the minister" and the words "or his delegate" and the words "at the request of the steering committee" are inserted between the word "may," and the words "under supervision";
6° in paragraph 4, paragraph 3 is replaced by two subparagraphs as follows:
"In the event of equality between candidates who enter online for change, mobility, recruitment, promotion and/or change of grade, a complementary test is always organized.
The reserve for recruitment of the complementary comparative test shall have a validity period of two years, from the date of the minutes which closes it."
Paragraphs 4/1 and 4/2 are inserted between paragraphs 4 and 5, as follows:
§ 4/1. The steering committee may appeal to the existing reserve of a complementary comparative test referred to in paragraph 4, paragraph 4, without the application of section 287sexies.
§ 4/2. The winners of the complementary comparative test who do not take a job that is proposed to them are removed from the recruitment reserve of the complementary comparative test. ";
8° in paragraph 5, the words "among candidates for vacant employment" are repealed.
Art. 76. In the second part, title VI, chapter VI, section II, of the same Code, an article 275bis is inserted as follows:
"Art. 275bis. Winners applying for a position are committed to entering service. Those who, after notification of the appointment, refuse to enter service are removed from the laureates' reserve.
With the appointment, staff members deplete the rights related to their outcome. Members of the resigning staff lose the benefit of their result, even if the deadline for the selection concerned has not expired.".
Art. 77. In section 278, § 2, of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 10 April 2014, the following amendments are made:
1st paragraph 1er is repealed;
2° in paragraph 2, which becomes paragraph 1er, the words "of justice" are inserted between the words "the minister" and the words "for experts. ".
Art. 78. In the second part, Book I, Title IV, Chapter VI, Section III of the same Code, subsection II, repealed by the Act of 10 April 2014, is reinstated in the following wording:
"Subsection II. - From promotion to level A."
Art. 79. In subsection II, reinstated by section 78, section 279, repealed by the Act of 10 April 2014, is reinstated in the following wording:
"Art. 279. § 1er. In order to participate in the A-level accession tests, the staff member must be in an administrative position where he or she can assert his or her titles to the promotion and have obtained and maintain the "exceptional" or "responsible" statement to his or her last assessment.
§ 2. The A-level accession tests are divided into three series:
The first series is organised by the Selor. The tests in this series are intended to assess the ability of a staff member to operate at level A. They are concluded by a certificate of success or failure. The success certificate is valid without limitation of time.
The delegated administrator of the Selor may grant a dispensation of already successful trials.
A staff member who has not passed a test is excluded for a period of six months from the day of the presentation of this test from the possibility of resubmission.
§ 3. The second series includes four tests to assess the acquisition of knowledge. Each of the four tests is the follow-up and success of the courses of at least four ECTS credits in the masters program of a university or high school of the European Economic Area. The second series of tests is available only to the winners of the first series of tests.
One of these tests must be chosen in the fields of public economics, law or finances.
The other three trials are jointly selected by the candidate and the Minister of Justice or his or her delegate on the advice of the Judicial Training Institute.
The Judicial Training Institute may also organize the trials referred to in paragraph 3 for the benefit of two university professors, one of each linguistic role, specialized in the subject matter of these trials. The notice will be favorable if and only if the tests are of the level of a master and each correspond to at least four ECTS credits.
Candidates with a master's degree or other degree that gives access to level A, issued by a university or a high school in the European Economic Area, are considered to be winners of the tests of this series.
For each test of this series, success is valid without limitation of time.
The registration fee for the tests of this series is borne by the Judicial Training Institute.
§ 4. The third series consists of a comparative selection compared to a level A function. It is organized by the Selor. It is only available to the winners of the first and second series of tests. Comparative selection can include several tests, the first of which can be eliminated. ".
Art. 80. In section 287ter of the same Code, inserted by the Act of 17 February 1997 and replaced by the Act of 10 April 2014, the following amendments are made:
(a) in paragraph 1erParagraph 1er, the words "confirmed and all contract staff members" are repealed;
(b) in paragraph 1er, paragraph 3, first sentence, the words "the magistrate or" are inserted between the words "The hierarchical superior is" and the words "the staff member";
(c) in paragraph 1er, paragraph 3, second sentence, the words "the magistrate or" are inserted between the words "The functional chief is" and the words "the member of the statutory or contractual staff";
(d) in paragraph 2, paragraph 1er is replaced by the following:
"The assessment period has a duration of one year except for exceptions provided by the King. A function interview is held at the beginning of the evaluation period when the staff member is appointed on a final basis, is engaged, or changes in office. A function interview is also held when the function is undergoing significant changes. ";
(e) in paragraph 2, paragraph 2, the word "new" is repealed;
(f) a paragraph 3 bis is inserted as follows:
" § 3bis. Paragraphs 2 and 3 apply to the internship, subject to the following specificities:
1° the internship must have at least three working interviews. They are distributed in a balanced manner over the entire evaluation period and each end with the attribution of an "exceptional" statement, "responds to expectations", "to improve" or "insufficient" statement;
2° where they relate to the internship, the elements referred to in § 3 are determined in such a way that:
- enabling the optimal integration of the trainee within his or her service and the general judicial order;
- establish whether the trainee has the capacity to perform the job-related functions for which he is designated. ";
(g) in paragraph 4, paragraph 1er, the words "even if it is not consecutive to the first mention "insufficient" are replaced by the words "even if the two mentions are not consecutive";
(h) Operative paragraph 4 is supplemented by the following subparagraph:
"This paragraph does not apply to trainees. ";
(i) in the article are inserted the following paragraphs 4bis, 4ter and 4quater:
" § 4bis. If during the course a mention "insufficient" is attributed after a compulsory working interview, the magistrate shall transfer the file to the appeal board referred to in article 287quater who decides whether the internship may be prosecuted or shall forward a proposal for termination to the competent authority to pronounce the termination during the course.
Derogation from paragraph 1er, the attribution of an "insufficient" operation statement to the interns does not lead to a reference to the said appeal board if the interns, the evaluator and the head magistrate agree on the continuation of the internship.
§ 4ter. If, at the end of the course, a mention "to be improved" or "insufficiency" is assigned, the body magistrate transfers the file to the appeal board.
In case of "insufficient" mention, as applicable:
1° the Board of Appeal decides whether the internship must be extended;
2° the Board of Appeal submits a proposal for a reasoned termination to the competent authority to pronounce the termination during the internship.
In case of "to be improved", as applicable:
1° the Board of Appeal decides whether the internship must be extended;
2° the Board of Appeal shall submit a reasoned proposal for appointment to the competent authority to pronounce the termination during the course of the course. In this case, the internship period is considered to have ended with a statement "responding to expectations".
§ 4quater. At the end of the protracted internship in accordance with § 4ter, the body chief magistrate communicates to the commission the evaluation file of the intern to which the evaluation mention "to be improved" or "insufficient" was assigned.
The commission, as the case may be:
1° submits a reasoned proposal for appointment to the competent authority to issue termination during the internship. In this case, the internship period is considered to be concluded by the mention "responding to expectations";
2° submits a reasoned proposal for termination to the competent authority for termination during the internship. ".
Art. 81. In section 287ter/1 of the same Code, inserted by the Act of 10 April 2014, the following amendments are made:
(a) in paragraph 1er, the words "six months" are inserted between the words "se clôture" and the words "before the end";
(b) paragraph 3, paragraph 1er, is supplemented by the following:
"As a preparation for this interview, the person to be assessed establishes a self-assessment that it transmits to the evaluator twenty calendar days prior to maintenance. This written self-assessment is attached to the evaluation file. ";
(c) in paragraph 4, paragraph 2 is repealed;
(d) the article shall be supplemented by paragraph 9 as follows:
"§ 9. The assessment file of the holder of a term as Chief Clerk or Chief Secretary referred to in section 160, § 8, paragraph 3, consists of:
1° an identification card with personal data and the designation order;
2° a validated function description;
3° the management plan referred to in section 185/6;
4°, where applicable, the reports of the operational interviews and/or any other document to apprehend agreements, arrangements and adjustments in relation to the objectives to be achieved between the holder of the assessed mandate and its assessor;
5° the self-assessment of the mandate holder;
6° the evaluation reports;
7° the possible file of the appeal filed.
The evaluated may add documents to its evaluation file.
The assessment file is maintained with the body head referred to in section 58bis.
The individual assessment file is available to the assessee, the assessor and the Minister of Justice or the Minister of Justice.".
Art. 82. In section 287quater of the same Code, inserted by the Act of 17 February 1997 and replaced by the Act of 10 April 2014, the following amendments are made:
(a) Paragraph 1er is replaced by the following:
§ 1er. It is established a competent board of appeal for evaluation and internship applications.
The seat of the Appeals Board is located in Brussels.
The appeal board is composed of a French-speaking section and a Dutch-speaking section. The language role of the staff member determines in which section he must appear.
The German-speaking staff member appeared before the section presided by the alternate president who justified the knowledge of the German language.
The Board of Appeal establishes its rules of procedure.
The Appeals Board shall consist of:
1st two presidents appointed by the Minister of Justice: the French-speaking president chairs the Francophone section, the Dutch-speaking president chairs the Dutch-speaking section;
2° per section, five members, two of whom are appointed by the Minister of Justice and three are designated by representative trade union organizations, on the basis of one by organization;
3° Alternate: three presidents appointed by the Minister of Justice and, by section, five members, two of whom are appointed by the Minister of Justice and three are designated by the representative trade union organizations.
The presidents and alternate presidents are appointed among the judicial officers.
Other members and other alternate members are appointed to the level A or B judicial staff.
With the exception of the chairs, half of the members and alternates appointed by the Minister of Justice are appointed on the proposal of the College of Public Prosecutions, the other half on the proposal of the College of Courts and Tribunals.
Two of the alternate presidents took the chair of the French-speaking section for the French-speaking president and the Dutch-speaking section for the Dutch-speaking president respectively. The third alternate president must justify his knowledge of German, as well as French or Dutch. In particular, he chaired the German-speaking Personnel Records Section.
The appeal is suspensive. ";
(b) in paragraph 2, paragraph 1er is replaced by the following:
"The reasoned opinion of the commission is either a proposal to maintain the assigned mention or a proposal for a more favorable mention. ";
(c) paragraph 2, paragraph 2, is supplemented by the following sentence:
"The Minister of Justice or his or her delegate shall immediately inform the member of the requesting staff and communicate the notice to him or her."
(d) in paragraph 2, paragraph 3, the words "to assign another mention" are repealed.
Art. 83. Article 287quinquies, § 3, of the same Code, inserted by the law of 25 April 2007, is supplemented by the following sentences:
"The compliance with the condition of conduct is demonstrated by an extract from the criminal record, from which it appears that the candidate has not been sentenced, even suspended, by a sentence cast in force of tried, to a correctional or criminal penalty unless he has been rehabilitated. This provision shall apply by analogy to persons who have been sentenced abroad to a similar penalty by a conviction cast in force of tried. ".
Art. 84. In section 287sexies of the same Code, inserted by the Act of 25 April 2007 and amended by the Act of 31 December 2012, the following amendments are made:
1° Paragraph 1er is replaced by the following:
"Any application for an appointment in the judicial order or a designation as head of body, a judge in the court of application of penalties, a youth liaison magistrate, a judge of assistance, a federal magistrate, a deputy of the King's prosecutor specializing in the application of penalties or a member of the judicial staff must be sent to the Belgian Minister of Justice within twenty days of the publication of the vacancy in the Moniteur. ";
2° Paragraph 4 is repealed;
3° in paragraph 5, which becomes paragraph 4, the words "in two copies" are repealed and the words "by registered mail" are replaced by the words "by electronic means";
Paragraph 8, which becomes paragraph 7, is replaced by the following:
"The appeal to candidates to the Belgian Monitor mentions the way in which applications must be submitted. For the vacancies of judicial personnel, the appeal may also, taking into account the classification, set the maximum number of participants in the complementary test. ";
5° the article is supplemented by a paragraph written as follows:
"The supporting documentation for the studies and professional experience referred to in paragraph 3 shall, however, no longer be required for the candidate when they have already been submitted for an earlier application or when they are available because the candidate has already been a member or a member of the judicial staff. ".
Art. 85. In the second part, Book I, Title VI, of the same Code, a chapter VIII entitled "Determination of functions".
Art. 86. In Chapter VIII, inserted by Article 85, an article 287septics is inserted, as follows:
"Art. 287s. The staff member referred to in chapters Vsexies and VI shall be on an ex officio and without prior notice:
1° whose appointment is found to be irregular in the period of appeal for annulment before the Council of State; This period does not apply to fraud or dol of the staff member;
2° which, without valid reason, abandons its position and remains absent for more than ten working days and which has been duly and previously notified and interpelled;
3° in a case where the application of civil and criminal laws results in the termination of functions. ".
Art. 87. In the same chapter VIII, an article 287octies is inserted as follows:
"Art. 287octies. The voluntary resignation entails the termination of office. In this case, the staff member referred to in chapters Vsexies and VI may not abandon their service until they have notified their resignation by registered letter to the Minister of Justice or his representative.
The notification referred to in paragraph 1er precedes the resignation of at least thirty days, taking place on the date of sending of the recommended letter. This period can be reduced by mutual agreement.".
Art. 88. In the same chapter VIII, an article 287 was inserted as follows:
"Art. 287novies. Sections 287septies and 287octies apply to interns. ".
Art. 89. In section 288 of the same Code, last amended by the Act of 20 July 2015, the following amendments are made:
1° in paragraph 1er, the words "or consular judge" are replaced by the words ", consular judge or assessor in application of penalties";
2° in paragraph 1er, modified in the 1st, the words "in application of penalties" are replaced by the words "in the court of application of penalties";
3° in paragraph 5, the words "Presidents and Vice-Presidents of Justices of Peace and Judges in the Police Court," are inserted between the words "consular, effective and alternate judges," and the words "deputies of the King";
4° in paragraph 8, the words "in application of penalties" are replaced by the words "in the court of application of penalties";
5° Paragraph 13 is supplemented by the following sentence:
"The receipt of an assessor in the disciplinary court or in the disciplinary court of appeal is, respectively, for receipt to the disciplinary court of appeal and the disciplinary court. ".
Art. 90. Article 291, paragraph 1er, in the same Code, last amended by the Act of 10 April 2014, the following amendments are made:
1° the words "presidents and vice-presidents of justices of the peace and judges in the police court, assessors of disciplinary courts," are inserted between the words "alternative judges of the courts," and the words "deputies of the King";
2° in paragraph 1er, modified by 1°, the words "in application of penalties" are replaced by the words "in the court of application of penalties".
Art. 91. In section 300 of the same Code, last amended by the Act of 17 May 2006, the following amendments are made:
1° in paragraph 3, the words "Assessors in the application of actual penalties" are replaced by the words "Employed assessors in the enforcement court";
2° in paragraph 4, the words "Assessors in the application of alternate sentences" are replaced by the words "Alternate assessors in the enforcement of sentences court".
Art. 92. In section 304 of the same Code, last amended by the law of 1er December 2013, the words "in the application of penalties" are replaced by the words "in the enforcement court".
Art. 93. In section 312 of the same Code, last amended by the law of 1er December 2013, the words "in the application of penalties" are replaced by the words "in the enforcement court".
Art. 94. In section 313 of the same Code, as amended by the laws of 17 July 1984 and 21 June 2001, the following amendments are made:
1° in paragraph 1er, the words "article 383bis, § 4," are replaced by the words "article 383bis, § 3,"
2° in paragraph 2, the words "paragraph 2" are replaced by the words "§ 2".
Art. 95. In section 314, paragraph 4, of the same Code, last amended by the law of 1er December 2013, the words "in the application of penalties" are replaced by the words "in the enforcement court".
Art. 96. Section 319bis of the same Code, inserted by the Act of 8 May 2014, is supplemented by the following paragraph:
"According to the fact that the president is a justice of the peace or a judge of the police court, the vice-president of the justices of the peace and the judges in the police court is replaced by the judge in the police court or the justice of the peace that the head of the body designates for that purpose. If not, depending on whether the president is a justice of the peace or a judge in the police court, he is replaced by a judge in the police court or a justice of the peace with the highest service seniority in the district or by default in the order of service seniority. ".
Art. 97. In section 322 of the same Code, last amended by the law of 1er December 2013, paragraph 4 is replaced by the following:
"The assailant in the court of the application of the penalties prevented is replaced by an assessor in the court of the application of the alternate penalties: the assailant in the application of the specialised penalties in penal matters prevented is replaced by an assessor in application of the specialized penalties in penal matters substituted, the assailant in application of the penalties and the internment specialized in psychological reintegration, the assailant in the hospital In the event of an unannounced absence, the judge in the enforcement court may designate another assessor in the court of the application of the penalties of the same category, or, if not, an assessor in the court of the application of the penalties of another category to replace the precluded assailant. If the court fails to do so, it may designate a judge or an alternate judge or, if the case is not deferred, it may designate a lawyer at least thirty years of age in the College's table to replace the pre-trial asser."
Art. 98. Article 330quater, § 2, of the same Code, inserted by the law of 10 June 2006, replaced by the law of 25 April 2007 and amended by the laws of 1er December 2013 and 10 April 2014, the following amendments are made:
1° the words "public service" are replaced each time by the word "service";
2° in paragraph 1er, the words "in an equivalent grade or equivalent class" are replaced by the words "in an equivalent or higher grade or class";
3° in paragraph 2, the words "of trades" are repealed and the words "or higher" are inserted between the words "equivalent grade" and the words ", in a court".
Art. 99. In section 331, paragraph 2, 8, of the same Code, replaced by the Act of 25 April 2007 and amended by the Acts of 1er December 2013 and April 10, 2014, the words "the assessors in the court of enforcement of sentences" are inserted between the words "the consular judges," and the words "the referendums".
Art. 100. In the same Code, an article 335bis is inserted:
"Art. 335bis. The president of the justices of the peace and judges in the police court organizes vacation hearings in the justices of the peace and the police courts. ".
Art. 101. In article 340, § 5, of the same Code, replaced by the law of 22 December 1998 and last amended by the law of 1er December 2013 as amended by the Act of 8 May 2014, paragraph 2 is repealed.
Art. 102. In section 341 of the same Code, replaced by the Act of 22 December 1998 and last amended by the Act of 19 December 2014, the following amendments are made:
(a) in paragraph 1er5°, words "and 87, paragraphs 1er and 3," are replaced by the words "and 87, paragraphs 1er and 4,"
(b) in paragraph 1er, 6°, words "and 87, paragraphs 1er and 3," are replaced by the words "and 87, paragraphs 1er and 4,"
(c) in paragraph 2, the words "340, § 2, 3°, 4°, 5°, 6° and 7°, and § 3, 1°" are replaced by the words "340, § 2, 2°, 3°, 4°, 5°, 6° and 7°, and § 4, paragraph 1er";
(d) in paragraph 2, the words "in the application of penalties" are replaced by the words "in the enforcement court";
(e) in paragraph 3, the words "and § 3, 2°" are replaced by the words "and § 4, paragraph 2".
Art. 103. In the second part, Book II, Title II, of the same Code, it is inserted a chapter VIquater entitled "Identifying Paths".
Art. 104. In chapter VIquater, inserted by section 103, an article 352ter is inserted as follows:
"Art. 352ter. The King determines the maps of legitimation and other means of identifying magistrates, judicial interns and judicial personnel. ".
Art. 105. In article 353bis, paragraph 2, of the same Code, inserted by the law of 10 April 2014, the words "near the Court of Cassation and referendums" are inserted between the words "references" and the words "and prosecutors".
Art. 106. In the Dutch text of Article 355 of the same Code, replaced by the law of 27 December 2002 and last amended by the law of 1er December 2013 amended by the law of 8 May 2014, the words "Afdelingsvoorzitter en advocaat-generaal" are replaced by the words "Sectievoorzitter en advocaat-generaal".
Art. 107. In section 355ter of the same Code, inserted by the law of 17 May 2006, the following amendments are made:
1° in paragraph 1er, the words "restrainers in the application of actual penalties" are replaced by the words "effective assailants in the enforcement of penalties";
2° in paragraph 3, the words "restrainers in the application of alternate sentences" are replaced by the words "supervisors in the enforcement court".
Art. 108. In article 358 of the same Code, last amended by the law of 17 May 2006, the words "of judge of the youth and judge in the court of the application of the penalties, first deputy of the prosecutor of the King bearing the title of auditor and deputy of the prosecutor of the King specialized in tax matters, as deputy of the procurator of the King specialized in the application of the penalties"
Art. 109. In the Dutch text of the table in article 360bis, inserted by the law of 20 July 1991, replaced by the law of 27 December 2002 and last amended by the law of 10 April 2014, the words "Afdelingsvoorzitter en advocaat-generaal bij het Hof van Cassatie" are replaced by the words "Sectievoorzitter en advocaat-generaal bijt het".
Art. 110. In section 363, paragraph 4, of the same Code, inserted by the Act of 10 April 2014, the following amendments are made:
1° the words "social judges, consular judges and social advisers" are replaced by the words "social advisers, social judges, consular judges and assessors in application of penalties";
2° in paragraph 4, as amended by 1°, the words "in application of penalties" are replaced by the words "in court of application of penalties".
Art. 111. In article 366ter of the same Code, inserted by the law of 10 April 2014, the words "in provisional capacity" are replaced by the word "stagiaire".
Art. 112. In Article 375, § 1er, paragraph 2, 1°, of the same Code, replaced by the Act of 25 April 2007 and amended by the Act of 10 April 2014, the words "of articles 56 to 58" are replaced by the words "of articles 57 to 59".
Art. 113. Article 377, § 1erParagraph 1er, of the same Code, replaced by the law of May 3, 2003, is supplemented by the words "or when the right to pension is opened".
Art. 114. Section 390 of the same Code, last amended by the Act of 17 May 2006, is replaced by the following:
"Art. 390. Sections 383 to 389 apply to alternate judges and alternate advisers with the exception of sections 383 bis and 383ter.
By derogation from Article 383, § 1er, alternate counsellors appointed from the retired magistrates because of their age may, however, serve up to 70 years. They may be appointed alternate magistrate by the first president of the Court of Appeal to sit until the age of 73 in accordance with the terms referred to in Article 383, § 2, paragraph 2.
Sections 383 to 389 apply to assessors in the enforcement court.
With the exception of sections 383 bis and 383ter, they are also applicable to actual and alternate social advisers, effective and alternate social and consular judges and assessors in the Alternate Penal Enforcement Court. ".
Art. 115. In article 408 of the same Code, as amended by the law of 17 May 2006, the words "in application of penalties" are replaced by the words "in court of enforcement of penalties".
Art. 116. In section 411 of the same Code, replaced by the Act of 15 July 2013 as amended by the Act of 8 May 2014, and amended by the Act of 5 February 2016, the following amendments are made:
1° paragraph 1er is supplemented by a paragraph that reads as follows:
"The members of the pensioned judicial staff may continue to exercise their powers of assailant until the end of the current mandate and at the latest until they reach the age of 70. ";
2° in paragraph 6, subparagraphs 1er and 2 are replaced by the following:
"The first president of the Court of Cassation and the Attorney General at the Court of Cassation shall jointly designate three French-speaking magistrates and three Dutch-speaking magistrates, emeritus or fees, from the seat or the public prosecutor who have been nominated to sit in the cases referred to in Articles 409, § 3, paragraph 1erand 410, § 3, paragraph 1er".
Art. 117. In Article 412, § 1erParagraph 1er, of the same Code, replaced by the Act of 15 July 2013 as amended by the Act of 28 March 2014, the following amendments are made:
(a) in 1°, (d), the words "in application of penalties" are replaced by the words "in the court of application of penalties";
(b) paragraph 1er is completed by the 8° and 9° written as follows:
"8° the chair of the College of Courts and Courts in respect of members and staff of the Support Service at this College;
9° the chair of the College of Public Prosecutions and the College of Attorneys General with respect to members and staff of the Support Service at these Colleges. ".
Art. 118. In section 414 of the same Code, replaced by the Act of 15 July 2013, the following amendments are made:
1st paragraph 1er is supplemented by the following sentence:
"For all disciplinary complaints with respect to the first president of the Court of Cassation, it is appropriate to hear in this article by the authority referred to in Article 412, § 1er, the president and two section presidents of the Court of Cassation designated for this purpose by the General Assembly. ";
2° Paragraph 3 is replaced by the following:
"When the complaint is admissible and not manifestly unfounded, an investigation is carried out in accordance with Article 413, § 1erParagraphs 1er and 2. The complainant is informed in writing of the initiation of the investigation or, in a reasoned manner, of the decision not to process the complaint. ".
Art. 119. In Article 512, § 5, paragraph 1er, of the same Code, replaced by the law of 7 January 2014, the sentence "For the commission of appointment to be able to deliberate and rule validly, all its members must be present." is replaced by the sentence "For the commission of appointment to be able to deliberate and decide validly, the majority of its members must be present."
Art. 120. In section 513 of the same Code, replaced by the Act of 7 January 2014, the following amendments are made:
1° in paragraph 3, paragraph 1er, the words "nouncing days" are replaced by the words "one hundred and twenty days";
2° in paragraph 5, the words "the month" are replaced by the words "the forty days".
Art. 121. In section 515 of the same Code, replaced by the Act of 7 January 2014, the following amendments are made:
1° in paragraph 1erParagraph 2 is replaced by the following:
"The vacancies are posted to the Belgian Monitor twice a year, unless a separate publication is required. ";
2° in paragraph 4, paragraph 1er is replaced by the following:
"The appointing committee may decide to hear all the candidates. Otherwise, it examines the appointment files transmitted by the Minister of Justice and establishes, on the basis of objective criteria determined by the King, a list of candidates to be heard. This list is the subject of a reasoned record. After notifying the decision of each candidate by registered letter, the appointing committee shall summon and hear the successful candidates, as well as all unsuccessful candidates who have made the request by registered mail within 15 days of the notification to them. It then sets out a ranking of the three most suitable candidates. If the appointment board is required to render a notice of less than three candidates, the list is limited to the only candidate or the only two candidates. ".
Art. 122. Section 552, 8°, of the same Code, replaced by the Act of January 7, 2014, is repealed.
Art. 123. In section 555/1 of the same Code, replaced by the Act of 7 January 2014 and amended by the Act of 8 May 2014, the following amendments are made:
(a) paragraph 1er is completed by 23° and 24°, as follows:
"23° to establish the register referred to in section 32quater/2 and to ensure control of its operation and use, to maintain the list referred to in section 32quater/2, and to define the role of judicial officers responsible for the meaning of criminal acts;
24° to establish, manage and monitor records or files assigned to the National Chamber of Judicial Officers under a law."
(b) in paragraph 3, the words "and 22°" are replaced by the words ", 22°, 23° and 24°".
Art. 124. Article 635 of the same Code, reinstated by the law of 17 May 2006 and the existing text of which will constitute paragraph 1erthe following amendments are made:
1° in paragraph 1erParagraph 1er, the words "convicts" are replaced by the words "convicted to one or more custodial sentences";
2° the article is supplemented by paragraphs 2 and 3 as follows:
"§2. Except as provided for by the King, the persons in question fall within the jurisdiction of the social protection chamber of the court of application of the penalties located in the jurisdiction of the court of appeal in which the court of investigation or judgment is located which ordered the interment.
If internments have been ordered in different jurisdictions, the jurisdiction is vested in the social protection chamber of the court of application of the sentences of the jurisdiction where the most former active internment has been pronounced, provided that the innate person has not yet been released on a final basis.
However, if, for an interned person, the Social Protection Chamber of the Penal Enforcement Court considers, on an exceptional basis, that it is indicated to transfer jurisdiction to another Social Protection Chamber of the Court of the Application of Penalties, it makes a reasoned decision on the advice of that other Social Protection Chamber of the Court of the Application of Penalties rendered within fifteen days.
§ 3. The Social Protection Chamber of the Penal Enforcement Court which, in accordance with § 1er, is competent for persons sentenced to one or more custodial sentences, is competent for the procedure referred to under Vbis of the law of 5 May 2014 relating to internence. ".
Art. 125. In section 786 of the same Code, the following amendments are made:
1° in paragraph 2, second sentence, the words "the president of the justices of the peace and judges in the police court and in the districts of Brussels and Eupen by" are inserted between the words "certified by" and the words "the president of the court of first instance";
2° a paragraph is inserted between paragraphs 2 and 3:
"With respect to justices of the peace and judges in the Brussels Court of Police Court, the report is certified by the president of the French-speaking or Dutch-speaking Court of First Instance according to the language of the Licensee's degree, or a Master of Law of which they are holders. ".
Art. 126. In article 1389bis/6, paragraph 2, of the same Code, inserted by the law of 29 May 2000, the words "and any other file or register created by the National Chamber of Judicial Officers by virtue of a law" are inserted between the words "vised in article 1389bis/8" and the words ", communication".
Art. 127. In article 1394/20 of the same Code, inserted by the law of 19 October 2015, the 2° is supplemented by the words "or in one of the banks of business data of the other Member States of the European Union within the meaning of Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 to coordinate, to make them equivalent, the guarantees that are required, in the Member States, companies within the meaning of Article 48, second paragraph
Art. 128. In article 1394/21, paragraph 2, of the same Code, inserted by the law of 19 October 2015, the 5th is supplemented by the words "or in a business data bank of other European Member States that has been declared equivalent to the Banque-Carrefour des Entreprises in accordance with article 1394/20, 2°".
CHAPTER 8. - Amendment of the Civil Code
Art. 129. In section 1317 of the Civil Code, as amended by the Act of 11 March 2003, the following amendments are made:
1° In paragraph 2, the words "by law or" are inserted between the words "fixed conditions" and the words "by the King";
2° the article is supplemented by two paragraphs written as follows:
"Without prejudice to the conditions set out in paragraph 2, a qualified electronic signature as referred to in Article 4, § 4, of the Act of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services meets the conditions of a signature for authentic acts established, received or served in dematerialized form by a public official.
The quality of the signatory must always be verified by means of an authentic data bank provided by law.".
CHAPTER 9. - Amendments to the Act of 10 July 2006 on electronic procedure
Art. 130. The Electronic Procedures Act of 10 July 2006 is repealed:
1° in Article 2, 3°;
2° Article 4, amended by the law of 12 May 2014;
3° Article 7;
4° Article 9;
5° Article 10, amended by the law of 12 May 2014;
6° Article 31, as amended by the Act of 25 April 2014;
7° Article 34, amended by the law of 12 May 2014;
8° Article 36, amended by the law of 12 May 2014.
CHAPTER 10. - Amendments to the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings
Art. 131. In the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings, are repealed:
1st Article 5, amended by the Law of 8 May 2014;
2° Article 6;
3° Article 7, (a), (b) and (d).
CHAPTER 11. - Amendments to the Act of 31 January 2007 on judicial training and establishing the Judicial Training Institute
Art. 132. In Article 2, 2°, of the Law of January 31, 2007 on judicial training and establishing the Institute of Judicial Training, the words "in application of penalties" are replaced by the words "in court of enforcement of sentences".
Art. 133. In Article 11, § 1er, paragraph 3, 1°, of the same law, replaced by the law of April 25, 2014, the words "the first presidents of the courts of appeal" are replaced by the words "the College of Courts and Courts".
Art. 134. In section 27 of the Act, replaced by the Act of April 25, 2014, the following amendments are made:
(a) in paragraph 1erthe word "twenty" is replaced by the word "twenty-two";
(b) in paragraph 3, 1°, the words "the first presidents of appeals courses" are replaced by the words "the College of Courts and Courts";
(c) a paragraph to read is inserted between paragraphs 3 and 4:
"Two members are appointed by the Minister of Justice for a renewable term of one year: two judicial trainees, one in the French language role, the other in the Dutch language role, one presented by the College of Public Prosecutions and the other by the College of Courts and Courts. ".
CHAPTER 12. - Amendment of the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries, and provisions relating to the judicial organization
Art. 135. Section 183 of the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries, and provisions relating to the judicial organization, is replaced by the following:
"Art. 183. For ten years, staff members of a former Deputy Clerk, Assistant Secretary, Principal Deputy Clerk or Principal Assistant Secretary, or a new rank of Clerk or Secretary, are exempted from obtaining the first two series of tests in accordance with section 279 of the Judicial Code for a term of ten years after the date of entry into force of this Act.".
CHAPTER 13. - Amendments to Act of 1er December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary
Art. 136. Section 158/1 of the Act of 1er December 2013 reforming the judicial boroughs and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary, inserted by the Act of 21 March 2014, is repealed.
Art. 137. Section 158/2 of the Act, inserted by the Act of 21 March 2014, is replaced by the following:
"Art. 158/2. The former Chief Clerks in office at the Court of First Instance, the Commercial Court, the Labour Court, the Police Court and the Peace Courts of the Eupen Judicaral District attend the Chief Clerk of these courts.
They retain their salary and the rank of Chief Clerk in personal capacity."
Art. 138. Section 159/1 of the Act, inserted by the Act of March 21, 2014, is repealed.
CHAPTER 14. - Amendment of the Act of 4 April 2014 reforming the complaint procedure with the Supreme Council of Justice
Art. 139. In section 2 of the Act of 4 April 2014 reforming the complaint procedure with the Supreme Council of Justice, which replaces section 259bis-15 of the Judicial Code, the following amendments are made:
(a) in paragraph 1erParagraph 1er is replaced by the following:
"Any interested person may file a complaint with the advisory and inquiry boards at no cost with respect to the functioning of the judicial order, including the conduct of members and members of the judiciary, as well as persons who carry out a mission under the control of those members, with the exception of members of the judicial order referred to in Part II, Book IerPart VI, Chapter Vbis."
(b) in paragraph 1erParagraph 3 is repealed;
(c) in paragraph 2, paragraph 1er is replaced by the following:
"The boards of opinion and investigation decide on the admissibility of the complaint. ";
(d) in paragraph 4, paragraph 1er is replaced by two subparagraphs as follows:
"The boards of review and investigation record the declared admissible complaint and address it for the purpose of processing to the head of the body or its supervisor who they consider competent to deal with it. They inform the complainant at the same time.
Derogation from paragraph 1er, the complaint is not communicated to the head of the body or to its supervisor when the boards of opinion and inquiry clearly deem it unfounded or when they feel that they are most likely to deal with it. ";
(e) in paragraph 6, paragraph 1er, the words ", the head of the body or the hierarchical superior" are inserted between the words "when the notice and investigation commissions" and the words "receive a complaint";
(f) a paragraph 6/1 is inserted as follows:
" § 6/1. By derogation from paragraph 2, the head of body who receives a complaint regarding the functioning of the judicial entity shall decide on the admissibility of the complaint in accordance with paragraph 2.
The complainant may appeal against the decision to inadmissible his complaint to the notice and investigation boards that deal with the complaint in accordance with paragraphs 2 to 6.
If the complaint is directed against the head of body to whom it has been filed, the competences that are assigned to the head of body under this section will be exercised by the supervisor of the latter. ";
(g) Operative paragraph 8 is supplemented by the following subparagraph:
"The commissions of opinion and investigation shall monitor the fulfilment by the heads of bodies of their obligations under this section and the enforcement orders referred to in it."
CHAPTER 15. - Amendment of the Act of 10 April 2014 amending the Judicial Code, the Act of 25 April 2007 amending the Judicial Code, including provisions relating to level A judicial personnel, clerks and secretaries, as well as provisions relating to the judicial organization, amending the Act of 10 April 2003 regulating the abolition of military courts in peacetime and their maintenance in wartime and amending the Act of 31 January 2007 on judicial training and establishing the Institute
Art. 140. In section 56 of the Act of 10 April 2014 amending the Judicial Code, the Act of 25 April 2007 amending the Judicial Code, including the provisions relating to level A judicial personnel, clerks and secretaries as well as the provisions relating to the judicial organization, amending the Act of 10 April 2003 regulating the suppression of military jurisdictions in time of peace and their maintenance in time of war and amending the law of 31 January 2007 on judicial training and establishing theer October 2002" is replaced by the words "with the exception of section 41 which produces its effects as of January 10, 2005".
CHAPTER 16. - Amendments to the Act of 10 April 2014 amending certain provisions of the Judicial Code with a view to establishing a new financial career for judicial personnel and a system of mandates for chief clerks and chief secretaries
Art. 141. In the Dutch text of Article 42 of the Law of 10 April 2014 amending certain provisions of the Judicial Code with a view to establishing a new pecuniary career for judicial personnel as well as a system of mandates for chief clerks and chief secretaries, the words "of als hoofdsecretaris" are inserted between the words "als hoofdgriffier" and the words "overezeltenkom § 160
Art. 142. In section 63 of the Act, the following amendments are made:
1° in paragraph 1er, the words "By derogation from the article" are replaced by the words "By derogation from the articles";
2° a paragraph is inserted between paragraphs 2 and 3:
"By derogation from Article 366ter of the Judicial Code and Article 63 of the Royal Decree of 10 November 2006 relating to the status, career and financial status of judicial personnel, the staff member who is contractual at the entry into force of this Act and who is subsequently appointed interns in the same grade or class, shall retain, in the case where his new salary would be less high, his or her former salary until he or she obtainser and 2 of this article. ".
CHAPTER 17. - Amendments to the Law of May 5, 2014 on the Internship of Persons
Art. 143. In the title of the Law of May 5, 2014 on the Internship of Persons, the words "of persons" are repealed.
Art. 144. In section 3 of the Act, the following amendments are made:
(a) 1° is repealed;
(b) the 2° is replaced by the following:
"2° the Director: the officer responsible for the local management of a prison or the local management of an institution or social defence unit organized by the federal authority, or his delegate;"
(c) the 3° is replaced by the following:
"3° the caregiver: the caregiver in an institution referred to in 4°, c) and d), or his or her delegate;"
(d) at 4°, (a), the words "the section" are replaced by the words "the annex";
(e) at 4°, (d), the words "cooperation agreement" are replaced by the words "investment agreement";
(f) at 5°, the words "cooperation agreement" are replaced by the words "cooperation agreement", the words "one or more establishments" by the words "one or more establishments referred to in 4°, (d)", and in the Dutch text the words "instelling of instellingen" by the words "inrichting of inrichtingen" and the word "instellingen" by the word "inrichtingen";
(g) the 5th is completed by the words:
"and, if applicable, the financial intervention of the federal state for security costs. ";
(h) the 7° is replaced by the following:
"7° the social welfare judge: the president of the social welfare chamber;"
(i) 9°, paragraph 1er, the words "and/or heard" have been replaced by the words ", and heard or to impose conditions in its interest when granting the terms of execution";
(j) 9°, paragraph 1er, it is inserted a littera (f), as follows:
"(f) the natural person who expresses his wish to be informed, to be heard as a victim or to impose conditions in his or her interest in the granting of enforcement procedures after the interference was ordered by an investigating court with respect to the offences committed against him or her. ";
(k) in 9°, paragraph 2, the words "c), (d) and (e)" are replaced by the words "c), (d), (e) and (f)" and the words "internment judge" are replaced by the words "social protection judge";
(l) 10° is repealed;
(m) the 11° is replaced by the following:
"11° the cabinet order: a decision of the social protection judge, without summons or appearance of the parties. ".
Art. 145. In section 4 of the Act, the following amendments are made:
1° in paragraph 1er the words "c), (d) and (e)," are replaced by the words "c), (d), (e) and (f),";
2° in paragraph 1er, the words "internment judge near the court of application of penalties" are replaced by the words "social protection judge";
3° in paragraph 3, the words "internship" are replaced by the words "social protection judge";
4° in paragraph 4, the words "internship" are replaced by the words "social protection judge".
Art. 146. Section 5 of the Act, as amended by the Act of 1er February 2016 is replaced by the following:
"Art. 5. § 1er. Where there are reasons to consider that a person is in a situation referred to in Article 9, the Crown Prosecutor, the examining magistrate and the courts of investigation or judgment order a forensic psychiatric examination in order to establish, at the very least:
1 if, at the time of the facts, the person was affected by a mental disorder that has abolished or severely altered his or her ability to discern or control his or her actions and if, at the time of the expertise, the person was affected by a mental disorder that has abolished or severely altered his or her ability to discern or control his or her actions;
2° if there is a causal link between mental disorder and facts;
3° if, due to mental disorder, if any combined with other risk factors, the person may commit new offences, as provided for in Article 9, § 1, 1°;
4° if, where appropriate, the person may be treated, monitored, treated and in what way, for reintegration into society;
5° if, in the case of prevention, the offences referred to in articles 371/1 to 378 of the Criminal Code or the facts referred to in articles 379 to 387 of the same Code, committed on minors or with their participation, it is necessary to impose specialized guidance or treatment.
§ 2. The forensic psychiatric expertise is carried out under the guidance and responsibility of an expert, with a professional title of a forensic psychiatrist, who meets the conditions established under the coordinated law of May 10, 2015 on the exercise of health care professions.
The expertise can also be carried out in college or with the assistance of other specialists in behavioral sciences, always under the leadership of the aforementioned expert.
§ 3. The expert draws, from his findings, a detailed report, in accordance with the models set by the King.
The applicant proceeding may, if it considers it necessary, request an update of the expertise.
§ 4. Without prejudice to the possibility for the requesting proceeding to conduct a new expertise in accordance with the provisions of this Act, the expertise commenced prior to the entry into force of the Ministerial Order of October 28, 2015, setting the special criteria for the accreditation of specialists carrying the particular professional title in forensic psychiatry, as well as internship and internship masters remain valid.
§ 5. The expert receives fees, fixed in accordance with the rate set for the psychotherapeutic treatment of a psychiatrist accredited in the nomenclature of health benefits, in accordance with the terms fixed by the King.
Art. 147. In section 6 of the Act, the following amendments are made:
1° paragraph 1erParagraph 1er, is replaced by the following:
§ 1er. Where there are reasons to believe that a person incarcerated under the Act of 20 July 1990 on pre-trial detention is in a state referred to in Article 9 and that the expert indicates in his report that forensic psychiatry expertise with observation is necessary to be able to determine the points mentioned in Article 5, § 1er, the examining magistrate and the courts of investigation or judgment may order the accused to be subject to such expertise.
This decision is not subject to appeal. ";
2° paragraph 1erParagraph 2 is replaced by the following:
"In this case, the accused is transferred for observation to the King's Secure Clinical Observation Centre. The King determines the number of places in this centre."
3° in paragraph 2, the words "in a psychiatric section of a prison or in the secured clinical observation centre created by the King" are repealed.
Art. 148. Article 7, paragraph 1erthe following amendments are made to the Act:
1° the words "a trusted person" replaced by the words "a doctor of his choice";
2° the words "physicist or psychologist" and the words "physicist or psychologist" are replaced by the words "care provider";
3° the words "or a lawyer" are replaced by the words "and a lawyer".
Art. 149. In section 8 of the Act, the following amendments are made:
1° the words "in council", "in council" and "in council" are each time replaced by the words "in the lawyer", "lawyer" and "lawyer" respectively;
2° in paragraph 2, paragraph 1er, the words ", barely invalid," are repealed;
3° in paragraph 2, paragraph 2, the words ", barely invalid," are repealed;
4° Paragraph 2 is supplemented by a paragraph which reads as follows:
"The expert's report is valid only if it is signed and the oath has been given."
Art. 150. Article 9, § 1erthe same law shall be replaced by the following:
§ 1er. Instruction courts, except in the case of a crime or offence considered to be a political offence or as a press offence, except for press offences inspired by racism or xenophobia, and court of judgment may order the interment of a person:
1° that committed a crime or offence that infringes or threatens the physical or psychological integrity of third parties and
2° that, at the time of the decision, is a mental disorder that severely abolishes or impairs its ability to discern or control its acts and
3° for which danger exists that it commits new facts as referred to in 1° because of its mental disorder, possibly combined with other risk factors.
The court of investigation or the court of judgment shall value in a reasoned manner if the fact has infringed or threatened the physical or mental integrity of third parties. ".
Art. 151. In section 10 of the Act, the following amendments are made:
1° in paragraph 1er, the words "when the courts of instruction or judgment place the accused or the accused, while he is not or more detained" are replaced by the words "when the courts of instruction or judgment in the person concerned, while he is not or more detained";
2° in paragraph 1er, the words "the defendant or the accused shall be replaced by the words "the accused, the accused or the accused shall attempt";
3° in paragraph 1er, the words "the defendant or the accused represents a danger" are replaced by the words "the interested person represents a danger";
4° in paragraph 2, the words "The accused or the accused and his counsel" are replaced by the words "The accused, the accused or the accused and his lawyer".
Art. 152. In section 11 of the Act, the following amendments are made:
1° the words "the defendant or the accused" are replaced by the words "the accused, the accused or the accused";
2° the words "indicted or accused" are repealed.
Art. 153. In article 12 of the Act, the words "a defendant or an accused person" are replaced by the words "a defendant, an accused person or an accused person".
Art. 154. In section 13 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1er, the word "advices" is replaced by the word "lawyers";
2° in paragraph 1er, paragraph 2, the word "again" is repealed;
3° in paragraph 2, paragraph 1er, the words "and his lawyer" are inserted between the words "The Inculpé" and the words "and the civil part";
4° in paragraph 3, paragraph 2, the words "of counsel" are replaced each time by the words "of a lawyer".
Art. 155. In section 14 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1erthe words "187, 188 and 208" are replaced by the words "187 and 208";
2° in paragraphs 1er and 2, the words "their counsel" are each time replaced by the words "their lawyer".
Art. 156. In section 15 of the Act, the following amendments are made:
1° in paragraph 1er, the words "at this time" are inserted between the words "if it comes out" and the words "discussions in front";
2° in paragraph 1er, the word "counsel" is replaced by the word "lawyer";
3° in paragraph 1er, the phrase "Is it constant that the accused is suffering from a mental disorder that seriously abolishes or impairs his ability to discern or control his actions" is supplemented by the words "seen to article 9, § 1er, 1°
4° in § 2, paragraph 1er, the number "334" is replaced by the number "343".
Art. 157. In section 16 of the Act, the following amendments are made:
1° the word "ordinated" is replaced by the word "pronounced";
2° the words "the defendant or the accused is convicted" are replaced by the words "the defendant, the accused or the accused is sentenced".
Art. 158. Section 17 of the Act, amended by the Act of 1er February 2016, the following amendments are made:
1° in paragraph 1er, the words "one year to twenty years" are replaced by the words "the duration of the internment";
2° paragraph 2, paragraph 1eris repealed;
3° in paragraph 2, paragraph 2, which becomes the single paragraph, the words "The prohibition product in addition" are replaced by the words "The prohibition product";
Paragraph 3 is repealed.
Art. 159. In section 19, paragraph 2, of the Act, the words "(b) and (c)" are replaced by the words "(b), (c) and (d)".
Art. 160. In Article 20, § 1er, of the same law, the words "or prison" are repealed.
Art. 161. In Article 21, § 1erthe following amendments are made to the Act:
1° the words "or prison" are repealed;
2° the word "seven" is replaced by the word "fourteen".
Art. 162. In section 22 of the Act, the following amendments are made:
(a) in paragraph 1er, whose current text will form paragraph 1erthe following amendments are made:
1° in the introductory sentence, the words "at each phase" are replaced by the words "at any time";
2° in 1°, b), the word "graves" is repealed;
3° the 2° is replaced by the following:
"(2) the interned person shall agree on the conditions that may be attached to leave of absence or leave under sections 36 and 37;"
4° the 3° is repealed;
(b) the article is supplemented by a paragraph 2 which reads as follows:
"§2. Exit permission may be accompanied by a trusted person.
If support by a trusted person is not possible, leave of exit may be accompanied by a member of the staff of the establishment, in consultation with the establishment and with its agreement."
Art. 163. In title IV, chapter I, section II, subsection II, of the Act, an article 22/1 is inserted as follows:
"Art. 22/1. Exit leave referred to in Article 20, § 2, 3°, and leave may not be granted if it appears from a notice of the Office of Foreigners that the interned person is not authorized or authorized to stay in the Kingdom. ".
Art. 164. Article 23, § 1erthe following amendments are made to the Act:
1° the words "of a decision" are replaced by the words "of the decision";
2° the word "fourteen" is replaced by the word "six";
3° the words "or prison" are repealed.
Art. 165. In section 24 of the Act, the words "of a decision" are replaced by the words "of the decision".
Art. 166. In section 26 of the Act, amended by the Act of 1er February 2016, the following amendments are made:
(a) in paragraph 1er, first sentence, the words "at any time of internation" are inserted between the words "at trial can" and the words "to be granted";
(b) 1°, (a), is supplemented by the words "in view of its mental disorder";
(c) (b) is repealed;
(d) to (c), the word "graves" is repealed;
(e) (f) is repealed;
(f) to (g), the words "the heritage situation of the interned person" are replaced by the words "his heritage situation".
Art. 167. Section 27 of the Act is replaced by the following:
"Art. 27. Limited detention, electronic surveillance and release on trial cannot be granted if a notice from the Aliens Office indicates that the interned person is not authorized or authorized to stay in the Kingdom. ".
Art. 168. In section 28 of the Act, the following amendments are made:
1° the first three sentences of paragraph 1er are replaced by the following:
§ 1er. The early release for the removal of the territory or for the surrender is a modality concerning an interned person for which a final decision has been made establishing that it does not have a right of residence in Belgium, which is made available to a foreign jurisdiction or which has expressed its willingness to leave the country. This modality may be granted at any time of internment provided that there are no contraindications in the head of the interned person. ";
2° in paragraph 1er, 1°, the word "housing" is replaced by the word "accommodation";
3° paragraph 1er, 2°, is repealed;
4° in paragraph 1er, 3°, the word "graves" is repealed;
5° in paragraph 1er, 5°, the words "the heritage situation of the interned person" are replaced by the words "his heritage situation".
Art. 169. In section 29 of the Act, the following amendments are made:
1° paragraph 1erParagraph 1er, is replaced by the following:
§ 1er. The Public Prosecutor's Office shall seize the Social Welfare Board with a view to appointing the institution where the internation is to be performed, and/or with a view to the granting of another execution modality, within two months of the judgment or the order of internment passed in force of evidence, as provided for in Articles 20, 21, 23, 24, 25 and 28. ";
2° in paragraph 2, paragraph 2, the sentence "The criminal record that gave rise to the internment is attached to that mail." is repealed;
3° in paragraph 1er, paragraph 3, the words "service of the Houses of Justice" are replaced by the words "competent service of the Communities";
4° paragraph 1er, paragraph 3, is supplemented by the following sentence: "The competent community service communicates the victim records established in the Public Prosecutor's Office."
5° in paragraph 3, paragraphs 3 and 4 are replaced as follows:
"The Public Prosecutor's Office completes the file with a report from the Director to which the report of the Psychosocial Service is attached, if the interned person stays in an institution referred to in section 3, 4, (a) and (b), a report from the caregiver if the interned person has been placed in an institution referred to in section 3, 4, (c) and (d), or a brief report or a social inquiry of the competent community service if the person. If this is necessary for the drafting of his opinion on the granting of the execution modalities referred to in Articles 20, § 2, 1 and 3°, 21, 23, 24 and 25, the Director or the Care Officer may charge the competent service of the Communities to prepare a brief information report or to conduct a social investigation, with a view to obtaining the necessary information on the host environment in which the execution modality will be carried out.
The report of the Director or Care Officer contains a notice concerning the elements referred to in § 1erParagraph 1er"
6° in paragraph 3, paragraph 5 is repealed;
Paragraphs 4 and 5 are replaced by the following:
§ 4. The interned person and his or her lawyer and, where appropriate, the victim are notified by registered letter; the Director, if the interned person stays in an establishment referred to in section 3, 4, (a) and (b), and the caregiver if the interned person has been placed in an establishment referred to in section 3, 4, (c) and (d), are informed in writing of the day, time and place of the hearing.
§ 5. The file shall be held, for at least ten days before the date fixed for the hearing, at the disposal of the intervening person and his or her lawyer for consultation at the court office of the enforcement of the penalties or at the office of the institution where the interned person resides.
The interned person may, upon request, obtain a copy of the record. A lawyer may, upon request, obtain a copy of the file.
On the advice of the attending institution or psychiatrist, the social protection judge may, by a reasoned order, refuse the interned person to access his or her file or to a part of his or her file and obtain a copy of it if manifestly that access may seriously affect his or her health. ".
Art. 170. In section 30 of the Act, the following amendments are made:
1st paragraph 1er is replaced by the following:
"The Social Welfare Board shall hear the person in question and his or her lawyer, the Public Prosecutor's Office, the Director, if the person in question resides in an establishment referred to in section 3, 4, (a) and (b), and the care provider, if the person in question resides in an establishment referred to in section 3, 4, (c) and (d). ";
2° in paragraph 3, the words "or the care provider" are inserted between the words "the director" and the words "explain on this occasion";
3° the word "advice" is each time replaced by the word "lawyer".
Art. 171. In section 32 of the Act, paragraph 2 is repealed.
Art. 172. Section 34 of the Act is replaced by the following:
"Art. 34. The Social Welfare Board shall decide either the placement, if any, with the granting of leave of absence, leave or limited detention, or the granting of electronic surveillance, or the granting of a release to trial, or the granting of an early release for the removal of the territory or for the purpose of remission.
These enforcement procedures may be accompanied by individualized conditions, referred to in Article 37. The Social Welfare Board also decides on the lifting, modification or accuracy of the security measures imposed in accordance with Article 17.".
Art. 173. Section 35 of the Act is replaced by the following:
"Art. 35. If the Social Welfare Board makes a decision on placement or transfer, it also determines where the interned person is to be transferred. The establishment is selected from the establishments referred to in Article 3, 4, (b), (c) and (d).
Art. 174. In section 36 of the Act, the following amendments are made:
(a) The introductory sentence is replaced by the following:
"The decision to grant leave of release, leave, limited detention, electronic surveillance, probation or early release for the removal of the territory or for the purpose of surrender specifies that the interned person is subject to the following general conditions:"
(b) at 2°, the words "fixed address" were replaced by the words "fixed residence" and the words "to the justice assistant" are replaced by the words "to the competent service of the Communities";
(c) at 3°, the words "of the justice assistant" are replaced by the words "of the competent service of the Communities";
(d) the article is supplemented by a 4° written as follows:
"4° for provisional release for the removal of the territory, the obligation to effectively leave the territory and the prohibition to return to Belgium during the trial period without being in good standing with the laws and regulations relating to access to the territory, residence or establishment in the Kingdom and without the prior authorization of the social protection chamber. ".
Art. 175. In section 37 of the Act, the following amendments are made:
1° in paragraph 1er, the words "care circuit" are replaced by the words "care path";
2° in paragraph 1erthe words "at articles 34 and 36" are replaced by the words "at article 34";
Paragraph 2 is repealed.
Art. 176. In Article 40, paragraph 2, of the Act, the words: "the opinion of expertise provided for in Article 5, § 1er, 4°, b), or the opinion of the service or person specialized in the diagnostic expertise of sexual offenders, as provided for in Article 48, § 1er, 7°, in fine," are replaced by the words "the opinion of expertise referred to in Article 5, § 1er, 5°, or the notice of service or person specialized in the diagnostic expertise of sexual offenders referred to in section 47, § 2, paragraph 2.
Art. 177. In section 41 of the Act, the following amendments are made:
1° in paragraph 1er, paragraph 2, the words "The Justice Assistant or, where appropriate, the National Electronic Monitoring Centre shall be replaced by the words "The Competent Service of the Communities, if any, the Competent Service in Electronic Monitoring,"
2° in paragraph 2, between the word "determine" and the words "the number of days of leave" the words ", in accordance with Article 21, § 1er,"
3° in paragraph 3, the words "limited detention or" are repealed and the words "the court of application of penalties" are replaced by the words "the social protection chamber";
Paragraph 4, paragraph 1er, 2 and 3, is replaced by the following:
"Fifteen days before the end of the period referred to in paragraph 3, the Social Welfare Board shall decide on the extension of electronic surveillance, or on the conversion of electronic surveillance to another execution modality.
The internee and his lawyer and the victim are notified by registered letter of the place, day and time of the hearing.
The file shall be held, for at least ten days before the date fixed for the hearing, at the disposal of the intervening person and his or her lawyer for consultation with the court's office of enforcement of sentences. ";
5° in paragraph 4, paragraph 5 is replaced by the following:
"On the advice of the attending institution or psychiatrist, the social protection judge may, by a reasoned order, refuse the interned person to access his or her file or to a part of his or her file and obtain a copy of it if manifestly that access can seriously harm his or her health. ";
6° in paragraph 5, paragraph 1er, the words ", the Director, if the interned person is in limited custody," are repealed;
7° in paragraph 4, paragraph 4, the words "Council" are replaced by the words "Council" and in paragraph 5, paragraph 1er and 2°, the word "counsel" is replaced each time by the word "lawyer";
8° in paragraph 5, paragraph 3, the sentence "The Public Prosecutor's Office and, if so, the Director explain on this occasion the conditions they have made in their opinion in the interests of the victim." is replaced by the phrase "The Public Prosecutor's Office explains on this occasion the conditions it has formulated in its opinion in the interests of the victim. ";
9° in paragraph 5, paragraph 4, the word "counsel" is replaced by the word "lawyer";
10° in paragraph 5, a paragraph read as follows is inserted between paragraphs 4 and 5:
"The social welfare chamber may decide to hear other people as well. ";
11° in paragraphs 6 and 7, the words "the court of application of penalties" are replaced by the words "the social protection chamber".
Art. 178. In section 42 of the Act, the following amendments are made:
(1) in paragraph 1er, the words "a two-year renewable period" are replaced by the words "a three-year period, each time renewable for a maximum of two years";
2° in paragraph 2, the words "automatically released definitively after two years, in accordance with articles 72 and 75" are replaced by the words "liberated definitively straight after six years, from the execution of the judgment";
3° the article is supplemented by a paragraph 3 written as follows:
§ 3. If the release is granted on condition of residence in a residential establishment, all decisions relating to leaving the establishment are made by the person responsible for the establishment.".
Art. 179. Article 43, paragraph 1er, of the same law, is replaced by the following:
"If the Social Welfare Board orders an placement, it shall determine in its judgment when the Director, if the interned person has been placed in an establishment referred to in section 3, 4, (b), or the caregiver, if the interned person has been placed in an establishment referred to in section 3, 4, (c) and (d), shall render an opinion."
Art. 180. In section 44 of the Act, the following amendments are made:
1° paragraph 1erParagraph 1er, is replaced by the following:
§ 1er. The judgment or order shall be notified within one working day, by registered letter, to the interned person and his or her lawyer, and shall be notified in writing to the public prosecutor, the director, if the interned person stays in an institution referred to in section 3, 4°, (a) and (b), of the caregiver, if the interned person has been placed in an institution referred to in section 3, 4°, (c) ";
2° in paragraph 2, 2°, the words "article 44/4" are replaced by the words "article 44/2";
3° in paragraph 2, 3°, the words "the director of the house of justice" are replaced by the words "the competent service of the Communities";
4° in paragraph 2, 4°, the words "the National Electronic Monitoring Centre" are replaced by the words "the competent electronic surveillance service".
Art. 181. Section 45 of the Act is supplemented by the words "or another moment".
Art. 182. In section 46 of the Act, the following amendments are made:
1° in paragraph 2, paragraph 1er, the words "judicial fold" are replaced by the words "recommended letter" and the word "advice" by the word "lawyer";
Paragraph 2, paragraph 2, is replaced by the following:
"The director, if the interned person stays in an establishment referred to in section 3, 4, (a) and (b), and the caregiver, if the interned person has been placed in an establishment referred to in section 3, 4, (c) and (d) and the case that the victim identifies, shall be informed in writing of the day, time and place of the hearing. ".
Art. 183. Section 47 of the Act is replaced by the following:
"Art. 47. § 1er. The Director or Care Officer, depending on the institution in which the interned person resides, shall notify the court of the application of the penalties at the time referred to in section 43, after hearing the interned person.
§ 2. The Director's or the Care Officer's opinion contains an updated psychiatric and psychosocial multidisciplinary report and a reasoned proposal to grant or refuse the transfer and the terms and conditions set out in sections 20, 21, 23 to 25 and 28 and, where appropriate, the specific conditions it considers necessary to impose on the internee. If this is necessary for the drafting of his opinion on the granting of the execution modalities referred to in Articles 20, § 2, 3°, 21 and 23 to 25, the Director or the Care Officer may charge the competent service of the Communities to prepare a brief information report or conduct a social investigation, with a view to obtaining the necessary information on the host environment in which the execution modality will be carried out.
If the person concerned has been interned for acts referred to in sections 371/1 to 378 of the Criminal Code or for acts referred to in sections 379 to 387 of the same Code, if they have been committed on the person of minors or with their participation, the opinion of the director or the person in charge of care also contains the reasoned opinion appreciating the need to impose guidance or treatment and which is written by a specialized service or person
§ 3. A copy of the Director's or Care Officer's notice is addressed to the Public Prosecutor's Office, the interned person and the counsel for the interned person. On the advice of the attending institution or psychiatrist, the social welfare judge may, by a reasoned order, refuse the delivery of the copy to the interned person if it can clearly seriously harm his or her health. ".
Art. 184. Section 48 of the Act, as amended by the Act of 1er February 2016 is replaced by the following:
"Art. 48. The Registry of the Court of the Application of Penalties completes the file, constituted in accordance with Article 29, § 3, by the following:
1° where applicable, a recent copy of the lock sheet;
2° a recent extract from the criminal record;
3° the opinion of the director or care provider;
4° where applicable, a recent report of the competent service of the Communities;
5° where applicable, the victim's statement(s) and the new victim's file(s).
Art. 185. Section 49 of the Act is replaced by the following:
"Art. 49. In the month of receipt of the Director's or the Care Officer's notice, the Public Prosecutor's Department shall prepare a reasoned notice, transmit it to the Court's office for the application of the penalties and provide a copy to the Director or Care Officer. A copy of the Public Prosecution Service's notice to the counsel of the interned person and the interned person shall be communicated by the court's office to the public prosecutor, unless, on the advice of the psychiatrist of the institution or the treating psychiatrist, the person is denied, by reasoned order, access to his or her file or part of his or her file and obtain a copy of it if such access can clearly seriously affect his or her health. ".
Art. 186. In section 50 of the Act, the following amendments are made:
1° in paragraph 1er, the words "of the establishment or chief physician of the establishment within the meaning of section 3, 4°, (b), (c) and (d)" are replaced by the words "or the care provider";
2° in paragraph 2, the words "in the hearing" are replaced by the words "in writing before the hearing or file the notice in writing at the hearing".
Art. 187. In section 51 of the Act, the following amendments are made:
1° in paragraph 1er, the words "service of the Houses of Justice" are replaced by the words "competent service of the Communities" and the phrase "The contents of this brief information report and this social inquiry is fixed by the King." is repealed;
2° in paragraph 2, the words "article 5, § 2, 3 and 4°" are replaced by the words "articles 5, § 2, 7 and 8".
Art. 188. Section 53 of the Act is replaced by the following:
"Art. 53. § 1er. By derogation from the procedure set out in sections 47 to 51, an order of law may be made urgently in respect of an application for leave to leave referred to in article 20, § 2, 1 and 2°.
In this case, articles 36, 37, 38, 44, §§ 1er and 2, 45 and, where applicable, 46 remain in application.
§ 2. The Public Prosecutor's Office, the Director or Care Officer, according to the institution in which the interned person is placed, or the interned person and his or her lawyer shall, for that purpose, make a written request to the Social Welfare Judge; It is registered in a register specially held for this purpose in the court's office of enforcement of sentences.
Where appropriate, the social welfare judge may collect, as soon as possible, additional information necessary to make its decision.
§ 3. The order is made within five working days, without the parties being summoned or debated, after registration in the above-mentioned registry. If additional information is collected, it may be extended to seven business days.
The Registrar shall bring the order to the attention of the Public Prosecutor's Office, the applicant, the internee and his or her lawyer, the director or the care officer and/or the victim, through the quickest written communication within 24 hours.
This order is not subject to appeal. ".
Art. 189. In section 54 of the Act, the following amendments are made:
1° paragraphs 1er and 2 are replaced by the following:
§ 1er. In the event of an emergency, the Social Welfare Board shall, by reason of order, make a decision concerning a request for the transfer of the interned person, for leave of release as referred to in Article 20, § 2, 3°, for leave, for limited detention, for electronic surveillance, for release on trial and for early release for the removal of the territory or for remission.
§ 2. A request in accordance with paragraph 1er may be introduced by the Public Prosecutor's Office, by the Director or Care Officer, by the institution where the person is placed, or by the person in question and his or her lawyer. ";
2° Paragraph 3 is supplemented by a paragraph which reads as follows:
"If necessary, the Social Welfare Chamber may collect, as soon as possible, additional information necessary to make its decision. ";
Paragraph 4, paragraph 1er, is supplemented by the following sentence:
"If additional information is collected, it may be extended to seven business days. ";
Paragraph 4, paragraph 3, is replaced by the following:
"The Clerk shall bring the order to the attention of the Public Prosecutor's Office, the internee and his counsel, the director or the care officer, and, where applicable, the victim, by the quickest written means of communication within 24 hours of the order. ";
5° paragraph 5, paragraph 1er, is replaced by the following:
"The Public Prosecutor's Office and the lawyer of the interned person may object to this order within five working days of the notification. ";
6° in paragraph 6, paragraph 1er, the words "one or more parts" are repealed.
Art. 190. Section 55 of the Act is replaced by the following:
"Art. 55. In the event of a medical transfer of an interned person to a penitentiary medical centre or hospital, the director or care officer, according to the institution in which the interned person stays, shall immediately inform, by the fastest written means of communication, the social protection chamber which, if necessary, may act in accordance with section 54 during the duration of the treatment. ".
Art. 191. In section 56, paragraph 1erin the same law, the words "in a federal institution to another federal institution" are replaced by the words "in an institution referred to in section 3, 4, (a) and (b) to another institution referred to in section 3, 4, (a) and (b)".
Art. 192. In section 57 of the Act, the following amendments are made:
1° in paragraph 2, paragraph 1er, first sentence, the words "principal doctor of the institution reports to the social protection chamber on the course of the placement or leave granted with a specified periodicity" are replaced by the words "responsible of care reports to the social protection chamber on the course of the placement or leave of release";
2° in paragraph 2, paragraph 1er, second sentence, the words "principal doctor of the institution" are replaced by the words "responsible of care";
3° in paragraph 2, paragraph 2, the words "principal doctor of the institution" are replaced by the words "responsible of care";
4° in paragraph 3, paragraph 1er, the words "service of the Houses of Justice" are replaced by the words "competent service of the Communities";
5° in paragraph 3, paragraph 2, the words "of the establishment" are replaced by the words "or the caregiver, according to the institution where the interned person stays. ";
6° in paragraph 4, the words "the service of the Houses of Justice" are replaced by the words "the competent service of the Communities, if any, the competent service in electronic surveillance,"
7° in paragraph 5, paragraph 1er, the words "to the justice assistant" are replaced by the words "to the competent service of the Communities";
8° in paragraph 5, paragraph 2, the words "interested" are replaced each time by the words "internal person";
9° paragraph 5, paragraph 2, is supplemented by the words "or for itself";
10° Paragraph 6 is repealed.
Art. 193. In section 58 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "principal doctor of the establishment" are replaced by the words "responsible of care" and the word "counsel" by the word "lawyer";
2° in paragraph 1er, paragraphs 2 and 3, the words "of the social protection chamber" are replaced each time by the words "of the court of application of penalties";
3° in paragraph 2, paragraph 1er, the word "counsel" is replaced by the word "lawyer" and the words "chief doctor of the establishment" by the words "care provider";
4° in paragraph 3, paragraph 1er, the words "at the house of justice" are replaced by the words "at the competent service of the Communities, if any the competent service in the field of electronic surveillance";
Paragraph 3, paragraph 2, is repealed;
6° in paragraph 4, paragraph 1er and 3, the word "advice" is each time replaced by the word "lawyer";
7° in paragraph 4, paragraph 2, the words "Council" are replaced by the words "Avocado";
8° in paragraph 4, paragraph 3, the words "or the care provider" are inserted between the words "the director" and the words "explain on this occasion";
9° in paragraph 5, paragraph 1er, the words "judicial fold" are replaced by the words "recommended letter";
10° in paragraph 5, paragraph 1er, the words "in the twenty-four hours" are replaced by the words "in a working day";
11° in paragraph 5, paragraph 1er, the words "principal doctor of the establishment" are replaced by the words "care providers";
12° in paragraph 5, paragraph 1er, the word "counsel" is replaced by the word "lawyer";
13° in paragraph 5, paragraph 1er, the words "the director of the house of justice" are replaced by the words "the competent service of the Communities, if any, the competent service in electronic surveillance".
Art. 194. In the title of Chapter IV of Title IV of the Act, the number "19," is repealed.
Art. 195. In section 59, the following amendments are made:
(a) in the 1st, the words "a past decision" are replaced by the words "a past judgment or judgment";
(b) in the 1st, the words "seen to Article 9, § 1, 1°, "are inserted between the words "or a crime" and the words "in the course";
(c) in the 4th, the words "of the justice assistant" are replaced by the words "of the competent service of the Communities";
(d) in the 5th, the words "to the justice assistant" are replaced by the words "to the competent service of the Communities";
(e) in the 6th, the words "on the basis of a medical report" are inserted between the words "when it exists" and the words "why to think";
(f) the article is supplemented by the 8th written as follows:
"8° if, after the granting of an early release for the removal of the territory or the surrender, the interned person omits or refuses to leave the territory effectively, does not cooperate with his removal, does not cooperate with his identification in order to obtain a travel document or returns without the authorization of the social protection chamber required in section 36, 4°. ".
Art. 196. In section 60 of the Act, the following amendments are made:
1° in paragraph 1erthe words "in an establishment" are replaced by the words "in an establishment referred to in Article 3, 4, (b), (c) and (d);
Paragraph 2 is replaced by the following:
"§2. In the event of a revocation of a modality, the Social Welfare Board shall establish in accordance with section 43 when the Director or Care Officer, according to the establishment where the interned person is placed, shall issue a new notice.".
Art. 197. In article 61, § 2, of the same law, the words "placed in an establishment" are replaced by the words "hospitalized in an establishment referred to in article 3, 4, (a), (b), (c) and (d)".
Art. 198. In Article 62, § 1er, of the same law, the number "19," is repealed.
Art. 199. Section 63 of the Act is repealed.
Art. 200. In section 64 of the Act, the following amendments are made:
1° in paragraph 1er, paragraph 3, the words "judicial fold" are replaced by the words "recommended letter";
2° in paragraph 1er, paragraph 3, the word "counsel" is replaced by the word "lawyer";
Paragraph 2 is replaced by the following:
"§2. The file shall be held, for at least four days before the date fixed for the hearing, at the disposal of the internee and his lawyer for consultation at the court office for the application of the penalties or at the office of the institution where the internee resides.
The interned person and his or her lawyer may, upon request, obtain a copy of the file.
On the advice of the attending institution or psychiatrist, the social welfare judge may, by a reasoned order, deny the interned person access to his or her file or part of his or her file and obtain a copy of it if that access can clearly seriously harm his or her health. ";
4° in paragraph 3, paragraph 3, the words "of non-compliance" are inserted between the words "examination" and the words "of these conditions" and the phrase "The Public Prosecutor's Office and, if so, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim." is repealed;
5° in paragraph 5, paragraph 1er, the words "in the twenty-four hours, by judicial fold" are replaced by the words "in a working day, by registered letter" and the words "of the house of justice" by the words "of the competent service of the Communities, if any, the competent service in electronic surveillance";
6° in paragraphs 3 and 5, the word "advice" is replaced by the word "lawyer".
Art. 201. In section 65 of the Act, the following amendments are made:
1st paragraph 1er is replaced by the following:
"If the interned person seriously jeopardizes the physical or psychological integrity of third parties, the procurator of the King of the Borough in which the interned person is located or the public prosecutor near the court of the application of the competent penalties may order his or her provisional arrest, in charge of giving immediate notice to the competent social protection chamber and, where applicable, to the public prosecutor."
2° the following paragraph is inserted between paragraphs 1er and 2:
"The provisional arrest is carried out in an institution referred to in Article 3, 4°, a). ";
3° in paragraph 2, which becomes paragraph 3, the words "of the courthouse" are replaced by the words "of the competent service of the communities, if any the competent service in electronic surveillance" and the word "counsel" is replaced by the word "lawyer".
Art. 202. In section 66 of the Act, (b) is replaced as follows:
"(b) provided that the mental disorder is sufficiently stabilized to ensure that there is no reasonable fear that, because of its mental disorder or not, in conjunction with other risk factors, the interned person will again commit offences referred to in Article 9, § 1, 1°. ".
Art. 203. In section 67 of the Act, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. Three months before the end of the trial period to which the release of the trial is subject in accordance with Article 42, § 1er, the competent community service shall transmit to the Social Welfare Chamber a final report, a copy of which shall be sent to the Public Prosecutor ' s Office.
Two months before the end of the trial period, the Public Prosecutor's Office shall prepare a reasoned opinion, the address to the court's office of enforcement of sentences and provide a copy to the person in question and his lawyer. If the public prosecutor considers it necessary to assess whether the conditions for a final release are met, it requires a new forensic psychiatric expertise that meets the requirements of Articles 5, § 2, 3 and 4°, 7 and 8.
A month before the end of the trial period, the Social Welfare Chamber decides on the final release.
If the Social Welfare Board declares the execution of a new forensic psychiatric expertise that meets the requirements of Articles 5, § 2, 7 and 8, the trial period is automatically extended by four months. ";
2° in paragraph 2, the words "judicial fold" are replaced by the words "recommended letter";
3° in paragraph 3, the word "four" is replaced by the word "ten";
4° in paragraphs 2 and 3, the word "counsel" is replaced each time by the word "lawyer";
Paragraph 4 is repealed.
Art. 204. In section 68 of the Act, the following amendments are made:
1° Paragraph 3 is replaced as follows:
"The victim is present at the hearing the time necessary to assess the conditions imposed in his interest. The victim may present his observations. ";
2° the word "advice" is replaced by the word "lawyer".
Art. 205. In section 72 of the same law, the words "The decision" are replaced by the words "The judgment passed in force of judgment".
Art. 206. Section 73 of the Act is replaced by the following:
"Art. 73. If the Social Welfare Board does not grant the final release, it may extend the probation period to the trial, subject to the same conditions as previously or with appropriate conditions, but not strengthen or impose additional conditions, for a maximum of two years, each time renewable. ".
Art. 207. In section 75 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "the twenty-four hours per judicial fold" are replaced by the words "a period of one working day by registered letter";
2° in paragraph 1erParagraph 1er, the words "or the person in charge of care" are inserted between the words "of the director" and ", if the person in question";
3° in paragraph 1erParagraph 1er, the words "of the House of Justice" are replaced by the words "of the competent service of the Communities if the interned person is at liberty";
4° in paragraph 2, 2°, the words "article 44/4" are replaced by the words "article 44/2";
5° paragraph 2, 3°, is replaced by the following:
"3° where applicable, the competent service of the Communities responsible for exercising guidance".
Art. 208. In section 76 of the Act, the following amendments are made:
1st paragraph 1er is replaced as follows:
"The provisions of this Act apply to a person who suffers and a custodial sentence and an internment. ";
2° Paragraph 2 is replaced as follows:
"By derogation from section 19, the person who suffers and a custodial sentence and an internment is placed in an establishment referred to in section 3, 4, (b) or (c). If it has reached the date of eligibility for parole as referred to in section 25 of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, it may also be placed in an institution referred to in section 3, 4°, d).
3° the article is supplemented by a paragraph written as follows:
"For the purposes of the above-mentioned law, the length of stay in an institution referred to in Article 3, 4°, (a), (b), or (c), is assimilated to detention. ".
Art. 209. In section 77 of the Act, the following amendments are made:
1° in the article, whose current text will form paragraph 1erParagraph 1er, the words "and a probationary release" are replaced by the words ", a probationary release and a provisional release for the removal of the territory or surrender,"
2° the article is supplemented by paragraphs 2 and 3 as follows:
"§2. When the duration of the release exceeds the period of trial to which the person, if only a custodial sentence, would be subject in accordance with article 71 of 17 May 2006 of the Law on the External Legal Status of Persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, the person concerned is permanently released in full rights with respect to the convictions.
§ 3. If the mental state of the data subject has improved sufficiently before it meets the conditions of time to benefit from the test release provided for in paragraph 1er, the Social Welfare Board may, with respect to the execution of the internation, issue a final release in accordance with the procedure provided for in Article 77/9, §§ 1er to 9.
If a final release decision is taken for the internal part, the execution of the custodial sentence continues in prison. The provisions of the above-mentioned law are applicable from that time.".
Art. 210. In the same law, it is inserted a Vbis title entitled "De l'internement de condamnés".
Art. 211. In the title Vbis, inserted by section 208, it is inserted a chapter 1er, entitled "From the decision to interfere".
Art. 212. In chapter 1er, inserted by article 211, an article 77/1 is inserted as follows:
"Art. 77/1. § 1er. Convict who is sentenced to at least one conviction for a crime or offence referred to in Article 9, § 1er, 1°, in which the prison psychiatrist finds, in the course of detention, a mental disorder with a lasting character that severely abolishes or impairs his ability to discern or control his acts and that may commit new offences, as referred to in article 9, § 1er, 1°, due to its mental disorder, may be interned, upon request of the director, by the competent social protection chamber.
§ 2. If a state referred to in paragraph 1er is found in this person, the director writes a notice of internment.
In order to write its notice, the Director shall be a file containing:
1° a copy of the lock sheet;
2° a copy of judgments and judgments;
3° an extract from the criminal record;
4° the statement of the facts for which the person concerned was convicted;
5° the report of the prison psychiatrist;
6° a recent report of the prison's psychosocial service.
§ 3. The Director shall forward the file to the Social Welfare Chamber and the Registry shall provide a copy to the Public Prosecutor's Office, the convicted person and his lawyer. The Social Welfare Board immediately orders forensic psychiatric expertise that meets the requirements of articles 5, § 2, 3 and 4°, 7 and 8.
The Social Welfare Chamber may decide that the convicted person will be put in observation. In this case, the convict is transferred to the secured clinical observation centre created by the King. The observation cannot exceed two months.
§ 4. In the month of receipt of the report of expertise, the Public Prosecutor's Office prepares a reasoned opinion, transmits it to the Social Welfare Chamber and copies it to the convicted person, his lawyer and the director. ".
Art. 213. In the same chapter 1eran article 77/2 is inserted as follows:
"Art. 77/2. § 1er. The Social Welfare Board examines the file at the first useful hearing following receipt of the Public Prosecutor's notice. This hearing takes place no later than two months after the receipt of the report of expertise. If the Public Prosecution Service does not provide notice within the time limit set out in Article 77/1, § 4, it shall render its notice verbally to the hearing.
The convict and his lawyer are informed by registered letter and the director in writing of the place, day and time of the hearing.
§ 2. The file shall be held, for at least ten days before the date fixed for the hearing, at the disposal of the convict and his lawyer for consultation at the prison office where the convict is sentenced. The convict may, upon request, obtain a copy of the record. The convict's lawyer may, at his request, obtain a copy of the file."
Art. 214. In the same chapter 1eran article 77/3 is inserted as follows:
"Art. 77/3. The Social Welfare Chamber hears the convicted person and his lawyer, the Public Prosecutor ' s Office and the Director.
The convicted person appears in person.
The Social Protection Chamber may decide to hear others as well.
The hearing takes place in private.".
Art. 215. In the same chapter 1eran article 77/4 is inserted as follows:
"Art. 77/4. The Social Welfare Board may issue the examination of the case once to a subsequent hearing, without this hearing being held more than two months after the delivery. ".
Art. 216. In the same chapter 1eran article 77/5, as follows:
"Art. 77/5. The Social Welfare Chamber makes a decision within fourteen days of the deliberation of the case.
If the Social Welfare Chamber pronounces the internment of the convict, it shall designate the psychiatric annex to the prison in which the convict shall be transferred pending the acquisition of force tried from the judgment.
Within a working day, the judgment shall be brought to the attention of the individual and his or her lawyer and the victim by registered letter and the public prosecutor and the director of the institution in writing.".
Art. 217. In the title Vbis, inserted by section 210, it is inserted a chapter 2 entitled "From the Appeal".
Art. 218. In Chapter 2, inserted by Article 217, an article 77/6 is inserted as follows:
"Art. 77/6. § 1er. The judgment of the Social Welfare Board is subject to appeal by the Public Prosecutor's Office and the sentenced to the Correctional Chamber of the Court of Appeal.
§ 2. The appeal must be filed within fifteen days, which begins to run for the Public Prosecutor's Office, from the day of the judgment and, for the convict, from the day of the notification.
The notice of appeal is made to the court's registry of the application of the penalties that transmits it without delay to the court's office of appeal, which registers it immediately in the appeal register."
Art. 219. In the same chapter 2, an article 77/7 is inserted as follows:
"Art. 77/7. § 1er. The review of the case takes place at the first useful hearing of the Correctional Chamber near the Court of Appeal.
The file shall be held, for at least four days before the date fixed for the hearing, at the disposal of the convict and his lawyer for consultation at the prison office where the convict is sentenced.
§ 2. The Correctional Chamber of the Court of Appeal hears the convict and his lawyer and the director.
The convicted person appears in person.
She can decide to hear other people as well.
§ 3. The hearing is closed.
§ 4. The board shall rule on the call no later than fifteen days after the date of the appeal.
§ 5. Within a working day, the decision is communicated to the convicted person and his lawyer and the victim by registered letter and to the public prosecutor in writing.".
Art. 220. In the title Vbis, inserted by section 210, it is inserted a chapter 3 entitled "From the Management of the Internship of the Convict".
Art. 221. In Chapter 3, inserted by Article 220, an article 77/8 is inserted as follows:
"Art. 77/8. § 1er. The provisions of this Act apply to an interned convict, on the understanding that the interned convict may only be placed in an institution referred to in section 3, 4, (b) or (c), designated by the Social Welfare Chamber. If it has reached the date of eligibility for parole as referred to in section 25 of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, it may also be placed in an institution referred to in section 3, 4°, d).
§ 2. The granting of leave of release, leave, limited detention, electronic surveillance, probation or release for the removal of the territory or surrender is only possible if the time conditions referred to in Articles 4, 7, 23, § 1er25 or 26 of the Act of 17 May 2006 referred to above.
In the event of a release on trial, the time limit to be set by the Social Welfare Board may not be less than the time limit to which the person, if only a custodial sentence, would be subject in accordance with section 71 of the aforementioned Act of 17 May 2006.
§ 3. For the purposes of the Act of 17 May 2006 referred to above, the length of stay in an institution referred to in Article 3, 4°, (a), (b), or (c) is assimilated to detention. ".
Art. 222. In the same chapter, an article 77/9 is inserted as follows:
"Art. 77/9. § 1er. If, before the interned convict has fulfilled the conditions of time to benefit from the release to the trial provided for in accordance with Article 77/8, § 2, the director or the caregiver considers, on the basis of a medical opinion, that the mental state of the interned convict has improved sufficiently, he shall apply for the removal, together with the medical advice, of the social protection chamber.
The Court of Penal Enforcement Registry shall transmit the application and medical report to the Public Prosecutor's Office and to the internee and his lawyer within a working day.
§ 2. In the month of receipt of the application, the Public Prosecutor's Office shall prepare a reasoned opinion, transmit it to the Social Protection Chamber and copy it to the convicted person, his lawyer and the director or the care officer.
§ 3. The Social Welfare Board examines the file at the first useful hearing following receipt of the Public Prosecutor's notice. This hearing shall be held no later than two months after the request for an internment is received. If the Public Prosecution Service does not provide notice within the time limit set out in § 2, it shall file its notice in writing at the hearing.
The convict and his lawyer are notified by registered letter and the director or care official in writing of the place, day and time of the hearing.
§ 4. The file shall be held, for at least ten days before the date fixed for the hearing, at the disposal of the convict and his lawyer for consultation at the office of the institution where the convict resides. The convict may, upon request, obtain a copy of the record. The convict's lawyer may, at his request, obtain a copy of the file.
§ 5. If it considers it necessary, the social protection chamber requires a new forensic psychiatric expertise that meets the requirements of articles 5, § 2, 3 and 4°, 7 and 8.
§ 6. The Social Welfare Chamber hears the convicted person and his lawyer, the Public Prosecutor ' s Office and the Director or Care Officer.
The convicted person appears in person.
The Social Protection Chamber may decide to hear others as well.
The hearing is closed.
§ 7. The Social Welfare Board may issue the examination of the case once to a subsequent hearing, without this hearing being held more than two months after the delivery.
§ 8. The Social Welfare Chamber makes a decision within fourteen days of the deliberation of the case.
If the Social Welfare Chamber finds that the internment is no longer indicated, it lifts the internment and orders the return of the convicted person to prison unless the convicted person, at the time of the lifting of the internment, has suffered all his deprivation of liberty.
Within a working day, the judgment shall be brought to the attention of the interned convict and his lawyer by registered letter and the Public Prosecutor's Office and the Director or Care Officer in writing.
§ 9. This decision is not subject to appeal.
§ 10. If the mental state of the interned convict has not improved sufficiently at the expiry of the sentences, this Act continues to apply to the interned convict.".
Art. 223. Section 78 of the Act is replaced by the following:
"Art. 78. The decisions of the Social Welfare Chamber relating to the granting, refusal or revocation of limited detention, electronic surveillance, release to trial, early release for the removal of territory or revocation and revision of the specific conditions related to the terms cited, the final release and the decision of intervening a convicted person in accordance with section 77/5, are liable to appeal to the public prosecutor ".
Art. 224. In Article 79 of the Act, § 1erParagraph 1er, annulled by Constitutional Court Decision No. 22/2016, is replaced by a paragraph written as follows:
§ 1er. The Public Prosecutor ' s Office and the counsel for the person in question, if any the convicted person, shall file a cassation within five working days from the notification of the judgment. ".
Art. 225. In section 80 of the Act, the words "or another court of enforcement of penalties" are repealed.
Art. 226. In section 81 of the Act, the word "advice" is replaced by the word "lawyer".
Art. 227. In Part VII, Chapter 1eran article 81/1 is inserted as follows:
"Art. 81/1. The Social Welfare Board shall be kept informed of the status of the interned person and may, for that purpose, visit its place of internment or entrust this task to one or more of its members. ".
Art. 228. Section 83 of the Act is replaced by the following:
"Art. 83. In each appeal court jurisdiction, it is designated a "external care circuit" coordinator. The "external care circuit" coordinators develop within their court of appeal all the initiatives that improve the reception of internees and promote collaboration between Justice and the care sector. ".
Art. 229. In section 84 of the Act, the following amendments are made:
1° in paragraph 1er, the words "cooperation agreement" are replaced by the words "investment agreement";
Paragraph 2 is replaced by the following:
"§2. The costs of medical care provided to persons who are interned and placed in an establishment referred to in Article 3, 4° are borne by the Federal State. The King sets out the nature of the non-medical costs and the conditions for their care by the federal State in the event of placement in an establishment referred to in article 3, 4, d).
Art. 230. Section 85 of the Act is repealed.
Art. 231. In section 87 of the Act, the words "or severely altered" are repealed.
Art. 232. In Article 89 of the same Law, which replaces Article 590, 4°, of the Code of Criminal Investigation, the words "Articles 9, 25, § 1er, 28, 59 and 66 of the Act of May 5, 2014 relating to the internment of persons, as well as security measures in accordance with section 17 of the above-mentioned Act, are replaced by the words "of the Act of May 5, 2014 on internment".
Art. 233. In section 90 of the Act, which inserts section 603bis into the Code of Criminal Investigation, the following amendments are made:
1° the words "or legal psychiatric centres" are repealed;
2° paragraph 2, is repealed.
Art. 234. In title VII, chapter II, of the same law, a section III/bis entitled "Amendment of the Electoral Code".
Art. 235. In section III/bis, inserted by section 234, an article 90/1 is inserted, as follows:
"Art. 90/1. In Article 7 of the Electoral Code, the following amendments are made:
(a) the 1st, replaced by the Act of 21 January 2013, the words "of the provisions of chapters I to VI of the Act of 9 April 1930 of Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences, replaced by section 1er Act of 1er July 1964" are replaced by the words "of the law of May 5, 2014 on internship";
(b) the third is repealed.".
Art. 236. In the same chapter II, a section IIIter entitled "Modification of Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings with respect to detainees".
Art. 237. In section IIIter, inserted by section 236, an article 90/2 is inserted as follows:
"Art. 90/2. In Article 1er of Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings in respect of detainees, as amended by the Act of 19 December 2014, the words "the director of an institution referred to in Article 3, 4, (c) and (d) of the Law of 5 May 2014 on Internship" are inserted between the words "or prison advisor-director of the correctional institution" and the words "or of prison".
Art. 238. In the same chapter II, section IV, comprising sections 91 to 119, is repealed.
Art. 239. In section 120 of the Act, which supplements section 162 of the Code of Registration, Mortgage and Registry Rights with a 48°, the words "intern" are replaced by the words "social protection".
Art. 240. Section 121 of the Act is replaced by the following:
"In section 23bis, paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the Act of 17 May 2006 and amended by the Act of 15 December 2013, the following amendments are made:
1° the paragraph is supplemented by the words "or according to the language in which the most ancient judgment or judgment ordering the internment was pronounced. ";
2° the words "or article 3, 9°, of the law of May 5, 2014 relating to internence" are inserted between the words "modalities of execution of sentence" and the words ", which appears".
Art. 241. In sections 122, 123, 125, 126 and 130 to 132 of the same law, the words "persons" are deleted each time.
Art. 242. In Title VII, Chapter II, of the same Act, a section Xbis entitled "Amendment of the Law of Principles of 12 January 2005 concerning the Prison Administration and the Legal Status of Prisoners".
Art. 243. In section Xbis, inserted by section 242, an article 130/1 is inserted, as follows:
"Art. 130/1. In section 2 of the Act of Principles of 12 January 2005 concerning the prison administration and the legal status of inmates, the following amendments are made:
(a) in 2°, the words "as well as the interference of recidivists, ordinary offenders and perpetrators of certain sexual offences made available to the government, ordained by the Minister of Justice under section 25bis of the Act of 9 April 1930 of Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences" are repealed;
(b) in the 3rd the words "Articles 7 and 21 of the Law of 9 April 1930 of Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences" are replaced by the words "on the basis of the Law of 5 May 2014 on Internship". ".
Art. 244. In the same chapter II, a Xter section entitled "Modifications of the Law of 8 June 2006 regulating economic activities with weapons" is inserted.
Art. 245. In section Xter, inserted by section 244, an article 130/2 is inserted, as follows:
"Art. 130/2. In articles 5, § 4, 1°, and 11, § 3, 4°, of the law of June 8, 2006, regulating economic and individual activities with weapons the words "the law of April 9, 1930 of social defence of anormals, ordinary offenders and perpetrators of certain sexual offences" are replaced by the words "the law of May 5, 2014 on interment". ".
Art. 246. In section 131, which replaces Chapter 4, which contains section 19, of the Act of 10 April 2014 amending various provisions to establish a national register of judicial experts and establishing a national register of jurified translators, interpreters and translators-interpreters, 2°, is replaced by the following:
"2° a paragraph written as follows is inserted between paragraphs 1er and 2:
"It is only in the cases and in the manner set out in article 991decies of the Judicial Code that the psychiatric expertise may be carried out under the conduct and responsibility of a psychiatrist who is not a professional psychiatrist."
Art. 247. Section 133 of the Act is repealed.
Art. 248. Section 134 of the Act is replaced by the following:
"Art. 134. Subject to the application of section 135, § 4, the provisions of this Act shall apply to all cases in progress. ".
Art. 249. In section 135 of the Act, the following amendments are made:
1° in paragraph 2, the words "of this article" are replaced by the words "of this law";
2° in paragraph 2, the word "two" is replaced by the word "three";
Paragraph 3, paragraph 2, is replaced by the following:
"Articles 77/8 and 77/9 apply to prisoners. By derogation from Article 77/8, § 1er, the investment decisions in the establishments referred to in Article 3, 4°, d), made prior to the coming into force of this Act, continue to be valid.
Decisions for the granting of execution modalities, made prior to the coming into force of this Act by the social defence commissions, shall remain valid after the coming into force of this Act."
Paragraph 3/1 is inserted as follows:
§ 3/1. For persons who are subject to both a conviction and an internment at the time of the coming into force of this Act, the Director shall render a notice to the Social Welfare Board within six months of the coming into force of this Act with a view to the designation of the establishment in which the internment and possible granting of enforcement modalities will take place. ";
Paragraph 4 is replaced by the following:
§ 4. The Director or Care Officer shall, pursuant to section 47, make a notice, no later than four months and no later than six months after the coming into force of this Act.
If no notice has been issued six months after the coming into force of this Act, the Public Prosecution Service shall have the Social Welfare Chamber. ";
6° in paragraph 5, the words "for one year" are repealed;
Paragraph 5 is replaced by the following:
§ 5. The internees who, at the time of the coming into force of this Act, are placed in an institution that is not recognized by the competent authority or with which no investment agreement has been concluded, may remain in place after the coming into force of this Act, unless the Social Welfare Board decides to place the placement in a registered establishment.
During this placement, these institutions are subject to the same obligations as the establishments referred to in Article 3, 4°, d).
Section 84 applies to these establishments. ";
8° in paragraph 6, the word "suppressed" is repealed;
9° in paragraph 6, the words "continue to work" are replaced by the words "reste competent".
10° in paragraph 7, the words "internship" are replaced each time by the words "social protection judge".
Art. 250. In section 136 of the Act, last amended by the Act of 5 February 2016, the words "1er July 2016" are replaced by the words "1er October 2016".
CHAPTER 18. - Transitional provisions
Art. 251. Sections 42, 52, 53, 55, 57, 60 to 68, 70 to 77, 80, 83 and 84 apply only to procedures commenced after their entry into force.
Art. 252. Members emeritus of the seat or the public prosecutor's office near the Court of Cassation who have been designated on the basis of the legislation in force prior to the coming into force of this Act are expected to have been appointed jointly by the first president of the Court of Cassation and the Attorney General near the Court of Cassation and may sit in disciplinary courts as assessor both with regard to the judges of the seat of the Court of Cassation and
Art. 253. The deputy mandates of "afdelingsvoorzitter in het Hof van Cassatie" are ex officio transformed into deputy mandates of "sectievoorzitter in het Hof van Cassatie".
Art. 254. The examinations organized or in the course of organization at the time of the entry into force of this article for the recruitment of assessors in accordance with the specialized penalties for social reintegration, employment and substitutes are considered in the examinations for recruitment, assessors in the application of penalties and internment specialized in social, staffing and alternate reintegration, pursuant to Article 196bis of the Judicial Code, as amended by this Act.
However, the success of the review remains only valid for the Court of Appeal for which this review was conducted.
Art. 255. Persons appointed as an assailant pursuant to the specialized penalties for social reintegration, effective or alternate, at the time of entry into force of this article, shall be appointed as an assailant in accordance with the penalties and internment specialized in social reintegration, effective or alternate, for the remainder of their term.
Art. 256. By derogation from article 259sexies, § 2, paragraph 2, of the Judicial Code, as amended by this Act, the judges in the court of application of the penalties and the substitutes of the King's procurator specialized in the application of the penalties designated for a first period of four years at the time of the entry into force of this article, shall, with their consent, be appointed for a second period of four years, respectively on the favourable opinion of the first presiding judge of the court of the court of the court
Art. 257. By derogation from Article 196ter, § 2, paragraph 2, of the Judicial Code, as amended by this Act, assessors in the court of application of sentences, effective and alternate, appointed for a first period of four years at the time of entry into force of this section, shall be with their consent appointed for a second period of four years, on the favourable advice of the president of the court of first instance of the seat of the court of appeal and the president of the court of the court of appeal
The assessment of assessors in the court of the application of sentences whose term of office expires within 6 months after the entry into force of this section, remains governed by the provisions in force before the entry into force of section 196quater as amended by this Act.
Art. 258. Members of the prison staff responsible for the secretariat of the social defence commissions prior to the entry into force of this section may, with their consent, be made available to the court office of the enforcement of sentences, the prosecutor's office near these courts, or both of them, by the Minister of Justice, for a maximum period of six months beginning on the date of entry into force of this section.
Staff members at the disposal shall retain the remuneration, as well as the allowances, allowances and allowances they received before they were made available for the duration of the service. This compensation is borne by the budget allocated to the judiciary.
For the duration of their availability, staff members are granted leave, which is a period of service activity. They participate in the advancement in their original service.
Art. 259. Chief Clerks and Chief Secretaries appointed or appointed at the time of the entry into force of section 37 shall be trained in budgetary management and court fees within two years of the entry into force of this section.
Art. 260. The appeals that have been brought before the appeal board validly composed in accordance with the provisions in force before the entry into force of section 82 continue to be dealt with before the appeal board constituted in accordance with the provisions that were applicable before the entry into force of section 82.
CHAPTER 19. - Entry into force
Art. 261. Section 140 produces its effects on June 10, 2014.
Section 142 produces its effects on 1er July 2014.
Article 89, 5°, produces its effects on 1er September 2014.
Articles 24, 45, 2° and 3°, 46, e), 47, 55, 9°, 238, 256, 257 and this article come into force on the day of publication of this Act to the Belgian Monitor.
Articles 60 to 68, 70 to 72, 78 to 80, 111 and 135 come into force on 1er July 2016.
Sections 8 to 17, 122, 123, 126 and 129 to 131 come into force on December 31, 2016.
Articles 21 to 23, 26, 27, 2°, 28 to 31, 40, 45, 1°, 46, (a), (c), (d), (f) and (g), 48, 49, 89, 2° and 4°, 90, 2°, 91 to 93, 95, 97, 99, 102, d), 107, 110, 2°, 114, 115, 117, a), 124, 132, 254, 255 and 258 enter into force on the same May 2014
The King may set effective dates prior to those mentioned in paragraphs 5, 6 and 7.
The King sets the entry into force of Article 52, 10°.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 May 2016.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
House of Representatives
(www.lachambre.be)
Documents: 54-1590
Full report : April 28, 2016