Internment And Various Provisions Regarding Justice Act

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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016009201&caller=list&article_lang=F&row_id=1&numero=14&pub_date=2016-05-13&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-05-13 Numac: 2016009201 FEDERAL JUSTICE PUBLIC SERVICE may 4, 2016. -Law on detention and various provisions regarding Justice PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Changes of the Code of criminal investigation article 2. in article 9 of the Code of criminal procedure, replaced by the law of June 21, 2001 and amended by the law of July 16, 2002, the following changes are made: a) 2 ° is replaced by the following: "2 ° by the federal prosecutor and the federal judges;";
(b) article is supplemented by a 3 ° as follows: "3 ° by Attorneys General and other judges of the General parquet and General audits.".
S. 3. article 364 of the same Code, replaced by the law of December 21, 2009, is supplemented by a paragraph worded as follows: "the Attorney-general and the other magistrates of the General parquet and General audits have the right to require the police and inspection services in the manner adopted in article 28B(c), §§ 3 and 4.".
CHAPTER 3. -Amendment of the provincial law of 30 April 1836 s. 4. article 64 of the provincial law of 30 April 1836, amended by the law of May 27, 1975 and January 17, 1995, is hereby repealed.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 Act of 15 June 1935 concerning the use of languages in judicial matters, as amended by the Act of 27 December 2004, the word "afdelingsvoorzitters" is every time replaced by the word "sectievoorzitters".
CHAPTER 5. -Modification of the Code registration fees, mortgage and registry arts. "6. article 162 of the Code of registration fees, mortgage and registry, as amended by the Act of May 5, 2014, is complemented by the 52 ° as follows:" 52 ° the exploits and records bailiffs relating to the recovery of debts of money uncontested referred to 1394/20-1394/27 of the Judicial Code articles. "."
CHAPTER 6. -Amendment of the law of 29 June 1964 on suspension, the stay and the article probation 7 A section 10 of the Act of 29 June 1964 on suspension, suspension and probation, amended by the law of 22 March 1999 and may 12, 2014, the following changes are made: 1 ° the first indent of paragraph 3 is replaced by the following: "-a lawyer, chosen by the Minister of Justice on two lists of two names respectively by the Attorney of the King or the King of the judicial district attorneys and" by the Bâtonnier of the order or, in the boroughs where the bars are organized from a division of the Court, the law Presidents. ";
2 ° the second indent of paragraph 3 is supplemented by the words ', on the advice of the competent Community Minister ";
3 ° paragraph 6 is supplemented by the words "on the advice of the competent Community Minister".
CHAPTER 7. -Changes of Code judiciary art.
8. article 32 of the Judicial Code, replaced by the law of August 5, 2006, is complemented by 3 °, 4 °, 5 ° and 6 ° written as follows: "3 °"home": the place where the person is registered principally on the registers of the population;"
4 ° "residence": any other institution as the place where the person has an office or engaged in a trade or industry;
5 ° "electronic legal address": the unique e-mail address, assigned by the competent authority to a physical or legal person;
6 ° "electronic address address": any other e-mail address to which a service may be effected in accordance with article 32quater/1 following the prior express consent of the recipient for each meaning in question. "."
S.
9. in the same Code, it is inserted an article 32quater/1 as follows: "article 32quater/1.
§ 1. The meaning is made electronically to the electronic legal address. Failing judicial e-mail, the meaning may also be made to the address of electronic address, provided that the recipient has consented thereto, each time for the service in question, an explicit and prior in the manner established by the King, after the opinion of the Committee on the protection of privacy.
Whenever a meaning is accomplished electronically, the addressee will be kept informed, in the manner determined by the King, after the opinion of the Committee on the protection of private life: 1 ° of data which concern and which are registered in the register referred to in article 32quater/2;
2 ° the categories of persons who have access to the data referred to in 1 °;
3 ° of the retention period of the data referred to in 1 °;
(4) the controller referred to in article 32quater/2, § 2;
5 ° the manner in which it can receive communication from the data referred to in 1 °.
§
2. Within 24 hours of the sending of the notice of service or the request for consent to service by electronic means to the recipient electronically, register referred to in article 32quater/2 is send a notice of confirmation of significance to the bailiff who served the Act. In this case, the meaning is deemed to have taken place on the date of dispatch of the opinion cited above or the above request.
In the absence of notice of confirmation of meaning within the time limit referred to in paragraph 1, the service by electronic means is considered to be impossible within the meaning of article 32quater/3, § 3.
At the opening of the Act by the recipient, registry sent a notice of commencement by the consignee to the bailiff who has served the Act.
The absence of receipt of a notice of initiation by the recipient within 24 hours following the shipment to the consignee the notice or the request referred to in the paragraph 1, the bailiff address, the first working day that follows, a regular recipient mail informing it the service by electronic means. "."
S. 10. in the same Code, it is inserted a section 32quater/2 as follows: "article 32quater/2. § 1.
The National Chamber of bailiffs, a computerized database is created, called the "central register of dematerialized authentic acts of the bailiffs". In this database are collected data and digital documents that the King shall after consultation with the Commission for the protection of privacy and which are necessary to check the validity of significance and set it up in justice. This register is an authentic source for all acts that are registered.
The National Chamber of bailiffs maintains in this registry a list of addresses of electronic address, for which the holder has given the consent referred to in article 32quater/1, § 1. This list and the data contained therein may be accessed exclusively by bailiffs of justice in the performance of their statutory tasks under the control of the National Chamber of bailiffs, and may not be communicated to third parties. The King determines, after the opinion of the Committee on the protection of privacy, the terms of creation, conservation and consultation of the said list.
§ 2. The National Chamber of bailiffs is considered, for respect to the register referred to in paragraph 1, as the controller, within the meaning of article 1, § 4, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
It is forbidden to the National Chamber of bailiffs communicate the data referred to in paragraph 1 to persons other than those referred to in paragraph 3.
The data contained in the register referred to in paragraph 1 are kept for thirty years.
After receiving the opinion of the Committee on the protection of privacy, the King fixed a procedure whereby data of significance by electronic means, to the conditions that it has determined, can be removed from the registry at any time before.
§ 3.
The magistrates of the judiciary referred to in article 58bis, clerks and Secretaries of parquet, provided that the consultation relates to meanings within their jurisdiction, and bailiffs, provided that the consultation relates to meanings by their Department, can directly consult the data of the register referred to in paragraph 1.
§
4. Anyone who participates in any capacity that in the collection, processing or disclosure of the data recorded in the register referred to in paragraph 1 or knowledge of such data is required to respect the confidential nature. Article 458 of the penal Code is applicable.
§ 5. The National Chamber of bailiffs is responsible for controlling the operation and use of the register referred to in paragraph 1. Where appropriate, Chapter VII of book IV of part II of this Code applies.
§ 6. The King determines, after the opinion of the Committee on the protection of privacy, the terms of the creation and the functioning of the register referred to in paragraph 1 as well as the data that will be saved.
§
7. Within the National Chamber of bailiffs, the president of the National Chamber of bailiffs is a data protection officer.
The protection worker

data is particularly responsible: 1. the delivery of expert advice on protection of privacy for the data personal and information security and their treatment;
2. to inform and advise the president and employees dealing with the personal data of their obligations under the Act and the general framework for the protection of data and privacy;
3. from the establishment of the implementation, updating and control of a policy security and privacy private;
4. to be the contact point for the Commission for the protection of privacy;
5 execution of the other tasks relating to the protection of privacy and security which are determined by the King, after the opinion of the Commission for the protection of privacy.
In the exercise of its tasks, the data protection officer is independently and directly submits a report to the president of the National Chamber of bailiffs.
The King determines, after consultation with the Commission for the protection of privacy, rules on the basis of which the data protection officer performs its missions. "."
S. 11. in the same Code, it is inserted an article 32quater/3 as follows: "article 32quater/3. § 1.
In criminal matters, unless the Crown requires a personal service, the meaning is made electronically or in person, at the option of the bailiff, depending on the circumstances of the case.
§ 2. In matters other than criminal matters, the meaning is made electronically or in person, at the choice of the bailiff, depending on the circumstances of the case.
§ 3. If service by electronic means is not possible, the meaning takes place in person. "."
S. 12. article 36 of the same Code is repealed.
S.
13. article 38, § 2, paragraph 1, of the same Code, replaced by the law of May 24, 1985, and amended by the law of October 19, 2015, is complemented by the following sentences: "the meaning to the Prosecutor of the King is made in priority by electronic means, in accordance with article 32quater/1. In this case, article 32quater/1, § 2, paragraph 4, does not apply. "."
S.
14. article 40, paragraph 2, of the same Code, as amended by the laws of the October 19, 2015 and 5 February 2016, is complemented by the following sentences: "the meaning to the Prosecutor of the King is made in priority by electronic means, in accordance with article 32quater/1. In this case, article 32quater/1, § 2, paragraph 4, does not apply. "."
S. 15. article 42, 7 ° of the same Code, as amended by the law of October 19, 2015, is supplemented by the following sentences: "the meaning to the Prosecutor of the King is made in priority by electronic means, in accordance with article 32quater/1. In this case, article 32quater/1, § 2, paragraph 4, does not apply. "."
S. 16. in article 43, paragraph 1, of the same Code, as amended by the law of 24 June 1970 and 24 May 1985, the following changes are made: has) 2 ° is replaced by the following: "2 ° of the name, first name, profession, domicile and, if applicable, address electronic judicial or address of election of home electronics, quality and inscription to the crossroad Bank of companies of a person at the request of the exploit is served;";
(b) the 3rd is replaced by the following: "3 ° of the name, surname, home or, in the absence of domicile, residence and, where appropriate, judicial e-mail or election of domicile address electronic and quality of the recipient of the exploit;".
S. 17. in article 57 of the Penal Code, amended by the acts of 24 May 1985 and April 6, 2010, the paragraph 1 is supplemented by the words "or the service by electronic means".
S. 18. in the Dutch text of article 58bis, 3 °, of the same Code, inserted by the law of December 22, 1998, and as last amended by the Act of December 1, 2013, the words "afdelingsvoorzitter het Hof van Cassatie ' are replaced by the words" sectievoorzitter het Hof van Cassatie '.
S. 19. in article 65bis, paragraph 2, first sentence, of the same Code, inserted by the Act of March 13, 2001 and replaced by the law of December 1, 2013, the words "alternating" are repealed and the word 'and' is replaced by the word "or".
S. 20. article 67 of the same Code, repealed by Act of 11 July 1994, is restored in the following wording: "art. 67. the Chairman of the judges of the peace and judges to the tribunal de police is responsible for branch and the Organization of the justices of the peace. "."
S. 21. in article 76 of the Code, replaced by the Act of July 30, 2013 as amended by the law of May 8, 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 1, "rooms of the enforcement of sentences" shall be replaced by the words "rooms of the enforcement of sentences and rooms of welfare";
2 ° paragraph 4 is supplemented by a paragraph worded as follows: "except for the pronouncement of judgments, for which they sit in any Court of first instance located within the jurisdiction of the Court of appeal, the boards of social protection may sit in any Court of first instance established within the jurisdiction of the Court of appeal, in prisons in social defence establishments and in all institutions where destitute persons stay. "."
S. 22. in article 77 of the Code, amended by the acts of 17 May 2006 and December 1, 2013, the words "in execution of sentences" are replaced by the words "the Court of the application of punishments".
S. 23A article 78 of the same Code, as amended by the laws of the 17 May 2006, June 13, 2006, December 3, 2006, 17 March 2013, 30 July 2013, April 10, 2014 and October 19, 2015, the following changes are made: 1 ° paragraph 2 is replaced by the following: "rooms at the application of the penalties referred to in article 76, § 1, paragraph 1" , are composed of a presiding judge, an assessor in enforcement of sentences in prison and an assessor in enforcement of sentences and detention specializing in social reintegration. ";
2 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: "the boards of social protection referred to in article 76, § 1, paragraph 1, are composed of a judge, presiding over them, an assessor in enforcement of sentences and detention specializing in social reintegration and an assessor in internment in clinical psychology.";
3 ° in paragraph 4 which becomes paragraph 5, "pursuant to the penalties," shall be replaced by the words "in the Court of the application of punishments", and in the text Dutch 'social reïntegratie in' shall be replaced by the words "in social re-integratie".
S. 24A article 80bis of the Code, inserted by the law of May 17, 2006 as amended by the Act of 27 December 2006, as amended by the Act of April 10, 2014, the following changes are made: 1 ° in clause 1, "judge effective at the Court of first instance" shall be replaced by the words "judge or effective counsel or deputy magistrate referred to in article 156bis";
2 ° in paragraph 2, the words "the Court of first instance within the jurisdiction of the Court of appeal" are replaced by the words "appointed in the jurisdiction of the Court of appeal or an advisor".
S. 25. in article 86 of the Code, the 'sections' every time Word by word "rooms" and the word "section" is replaced by the word "room".
S. 26. in article 87, paragraph 5, of the same Code, inserted by the law of May 17, 2006, "in execution of sentences" are each time replaced by the words "the Court of the application of punishments".
S. 27. at article 88 of the Code, as last amended by the Act of 1 December 2013 amended by the law of May 8, 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 1, the second sentence is repealed;
2 ° to the paragraph 1, paragraph 2, the words "enforcement of sentences" are replaced by the words "in the Court of the application of the penalties";
3 °, paragraph 2 is replaced by the following: "§ § 2 2" The incidents that are raised regarding the allocation of cases between the divisions, sections, rooms or judges of a same court in accordance with the regulation or the rules of distribution business are set as follows: when an incident is raised before any other means, by one of the parties, or where it is raised ex officio at the opening discussions division, section, the Chamber or judge shall submit the record to the president of the tribunal for the purpose to decide whether to change the assignment of the case and the Crown is simultaneously notified. The parties making the request have a period of eight days from the hearing to submit submissions.
The Crown may render an opinion within that time.
President by order within eight days of the hearing. It can assign the matter immediately to a division, a section, a Chamber or a judge and set a date for the continuation of the review. This order is likely no remedy, with the exception of the appeal of the Attorney general at the Court of appeal, the Court of cassation, on time and in the manner provided in section 642, paragraphs 2 and 3. Copy of the judgment of the Court of cassation is sent by the clerk of the Court to the president of the tribunal and the parties.
The decision is binding on the judge to which the request is returned, all rights appraisal being safe on the substance of the dispute. "."
S. 28. in article 89 of the Code,

replaced by the law of 17 February 1997 and amended by the law of May 17, 2006, the words "in execution of sentences" are replaced by the words "the Court of the application of punishments".
S. 29. article 91 of the same Code, replaced by the law of 3 August 1992 and as last amended by the law of October 19, 2015, is supplemented by a paragraph worded as follows: "in detention, cases referred to in articles 4 and 53 of the detention Act of May 5, 2014 attributed to the president of the Board of social protection , acting as a single judge. "."
S. 30. article 92, § 1, paragraph 2, of the Code, inserted by the law of May 17, 2006, is replaced by the following: "Enforcement of sentences and detention matters that are not allocated to a single judge are attributed to rooms composed in accordance with article 78, paragraphs 2 and 3.".
S. 31. in article 92bis of the Code inserted by the Act of March 17, 2013 and amended by the law of October 19, 2015, "78, paragraph 4" shall be replaced by the words "78, paragraph 5".
S. 32. in article 105 of the Code, the 'sections' every time Word by word "rooms" and the word "section" is replaced by the word "room".
S. 33 A in article 128 of the same Code, amended by the Act of May 6, 1997, the following changes 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 "marine".
S.
34. in the Dutch text of article 129, paragraph 2, of the same Code, amended by the law of 22 December 1998 and 27 December 2004, the word "afdelingsvoorzitters" is replaced by the word "sectievoorzitters".
S.
35. in article 150bis of the Code inserted by the law of December 22, 1998 and amended by laws of April 25, 2007 and February 18, 2014, paragraph 4 is repealed.
S. 36. in article 152bis of the Code inserted by the Act of April 12, 2004 and amended by the law of 25 April 2007 and February 18, 2014, paragraph 4 is repealed.
S. 37. in the same Code, it is inserted an article 160bis as follows: "article 160bis. the chief clerks of the courts of first instance and the Chief Secretaries of the public prosecutor must follow training in budget management and legal costs within two years following the year of their appointment or designation. "."
S.
38. in article 162, § 2, paragraph 3, of the same Code, replaced by the Act of April 25, 2007 and amended by the Act of February 5, 2016, the words "assign the exercise of all powers of the Crown to" are replaced by the words "share the exercise of all powers of the Crown with".
S.
39A article 185/2, of the same Code, inserted by the Act of February 18, 2014, the following changes are made: 1 ° in paragraph 3, paragraph 3, the words "or of the Prosecutor's office" shall be replaced by the words ", Prosecutor or the auditor's office's work";
2 ° paragraph 3 is supplemented by a paragraph worded as follows: "training in budget management and legal costs provided by the judicial training Institute is followed by at least a magistrate of the Committee of management of the trial courts, police courts, floors of the prosecutors of the King and the audits of work.".
S. 40. in article 186, § 1, paragraph 10, of the same Code, as last amended by the Act of April 25, 2007, "in execution of sentences" are replaced by the words "the Court of the application of punishments".
S. 41. in article 190, § 2, paragraph 1, 2 °, of the same Code, as last amended by the Act of February 21, 2010, "almost the courts of appeal and almost the courts of first instance" shall be replaced by the words "near the courts and tribunals".
S. (42. in section 191bis of the same Code, restored by the law of April 7, 2005 and amended by the Act of 27 December 2006, the following changes are made: a) in paragraph 2, paragraph 1, "letter to the addressed station" shall be replaced by the words "electronic means".
(b) in paragraph 2, paragraph 2 is supplemented by the following sentence: 'the supporting documents attached to an application declared admissible should no longer be claimed when the candidate introduced a new application for participation in an oral examination of assessment.';
(c) in paragraph 2, paragraph 4, the words "by registered letter to the post office" are replaced by the words "by electronic means".
(d) in paragraph 2, paragraph 5, the words "by registered letter to the post office" are replaced by the words "by electronic means".
e) paragraph 2, subparagraph 6, is replaced by two paragraphs worded as follows: "prior to examination oral assessment, the commission appointment and appointment requests, by electronic means, notice written motivated: 1 ° the representative of the bar or the bars of the concerned judicial district designated by the order or the orders of lawyers of the bar or the bars of this arrondissement where the candidate carries or has served as a lawyer." For the legal district of Brussels, the opinion of the representative of the french order or the representative of the Netherlands order is collected, depending on whether the applicant is or has been included in the table of the french order or the Dutch order of lawyers;
2 ° where appropriate, the head of the jurisdiction where the applicant carries out functions as a judge alternate or adviser substitute.
Notice shall include the relevant professional experience which the candidate is entitled to carry out duties as magistrate. ";
(f) in paragraph 2, subparagraph 7, which becomes article 8 is replaced by the following: "the persons referred to in paragraph 6 may not issue an opinion on the parents or allied to the fourth degree or people with whom they constitute a de facto household."
(g) in paragraph 2, subparagraph 9, which becomes paragraph 10, the words "such notice is supposed to be either favourable or unfavourable" are replaced by the words "it is passed in addition to the notice";
(h) in paragraph 3, paragraph 2, the words "by letter motivated and recommended to the position" shall be replaced by the words "written reasoned electronically" and paragraph is completed with the following sentence: "an updated version of the curriculum vitae is if any attached to the application.".
S. 43. in article 192 of the same Code, replaced by the law of 18 July 1991 and amended by the Act of February 21, 2010, "the courts of appeal and close the courts of first instance" shall be replaced by the words "near the courts and tribunals".
S. 44. in article 194, § 2, paragraph 1, 2 °, of the same Code, replaced by the law of 18 July 1991 and as last amended by the Act of February 21, 2010, "the courts of appeal and close the courts of first instance" shall be replaced by the words "near the courts and tribunals".
S. 45A article 196bis of the Code, inserted by the law of May 17, 2006 and amended by the Act of January 6, 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the assessors in accordance with sentences specialized in prison matters, full and alternate, assessors in enforcement of sentences and detention specializing in social rehabilitation" full and alternate, and assessors in internment specialist in clinical psychology, full and alternate, are appointed by the King. ";
2 ° in paragraph 2: a) "selection Committee" shall be replaced by the words "French selection Committee and a Dutch selection composed Committee";
(b) the first indent is replaced by the following: "-a judge appointed by the College of the courts and tribunals or his substitute;";
(c) in the third indent, 'Execution of the sentences and measures' shall be replaced by the words "in prisons";
(d) the fourth indent is supplemented by the words "or their representative designated within these services";
3 ° in paragraph 3, the second sentence is deleted.
S. 46. in article 196ter of the Code inserted by the law of May 17, 2006, the following changes are made: a) in paragraph 1, paragraph 1, 4 °, the words "and do not have more than sixty-five years" are repealed;
(b) in paragraph 1, paragraph 2, the words "in execution of sentences" are replaced by the words "enforcement of sentences and detention" and in the text Dutch 'social reïntegratie in' shall be replaced by the words "in social re-integratie";
(c) in paragraph 1, paragraph 2, 4 °, the words "and do not have more than sixty-five years" are repealed;
(d) paragraph 1 is supplemented by a paragraph as follows: "to be named assessor in internment in clinical psychology actual or substitute, the candidate must meet the following conditions: 1 ° have at least five years of relevant professional experience certifying a practical knowledge of issues related to clinical psychology;"
2 ° be a master 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 2" The assessor pursuant to sentences effective functions are exercised full time.
Assessors in application of full and alternate punishments are appointed for a period of one year renewable the first time for a period of three years, and then each time for a period of four years, after assessment. ';
(f) paragraph 2, replaced by e), is replaced by the following:

" § 2. The functions of effective assessor in the Court of the application of punishments are carried out full time.
Assessors in the Court of the application of full and alternate punishments are appointed for a period of one year renewable the first time for a period of three years, and then each time for a period of four years, after assessment. ';
(g) paragraph 5 is replaced by the following: "§ § 5 5" Warrants for assessor pursuant to sentences specializing in prison matters, assessor in enforcement of sentences and detention specializing in social reintegration and assessor in internment in clinical psychology cannot be cumulative. "."
S. 47. in article 196quater of the Code, inserted by the law of May 17, 2006 and amended by the Act of January 6, 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." Assessors in the Court of the application of full and alternate punishments is assessed, after notice of the president of the Chamber of the Court of enforcement of sentences in which the assessor seat, by the president of the Court of first instance in which the assessor functions. ';
2 ° in paragraph 2, paragraph 1, the words "enforcement of sentences" are replaced by the words "the Court of the application of punishments" and the word "renewable" is repealed;
3 ° in paragraph 3, paragraph 3, the words "at least one of the evaluators' shall be replaced by the words"the assessor";
4 ° in paragraph 3, paragraph 4, the words 'The first president of the Court of appeal' shall be replaced by the words "The president of the Court of first instance" and the words "registered letter to the post office with" with the words "electronic means against";
5 ° in paragraph 3, paragraph 5, the words "registered letter to the post office with" every time are replaced by the words "electronic means against", the words "the first president of the Court of appeal" by the words "the president of the Court of first instance" and the words "The first president of the Court of appeal" with the words "The president of the Court of first instance";
6 ° article is supplemented by a paragraph 4 as follows: "§ § 4 4" The assessors in the Court of the application of the penalties that have got a mention final 'insufficient' may appeal against this reference to the first president of the Court of appeal within thirty days following notification. "."
S. 48. in the second part, book first, title VI, chapter II, section II, of the same Code, it is inserted an article 196quinquies as follows: "article
196quinquies. in respect of 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 in the Court of the application of effective or alternate penalties who consents to perform his duties in addition to another court of the application of penalties.
Delegation of the first president order shall state the reasons for which it is necessary to delegate an effective assessor or substitute and specifies the terms of the delegation. "."
S. 49. in article 224, 4 °, of the same Code, replaced by the law of December 21, 2009, 'enforcement of sentences' shall be replaced by the words "the Court of the application of punishments".
S. 50. in the Dutch text of article 254, § 2, paragraph 2, of the same Code, replaced by the law of December 22, 1998, the word "afdelingsvoorzitter" is replaced by "sectievoorzitter".
S. 51. article 259a-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 examination of professional competence or of the oral examination of assessment includes training in budget management and legal costs.".
S. 52 A article 259ter of the Code, inserted by the law of December 22, 1998 and amended by the law of May 8, 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 1, the word "forty-five" is replaced by the word "thirty" and the words "for the applications that it has declared admissible under the conditions referred to in articles 287sexies and 216bis "shall be inserted between the words" Belgian Monitor", and the words"the written reasoned opinion";
2 ° in paragraph 2, paragraph 1, the words "duplicate" are repealed, "against receipt of dated receipt or by registered mail with acknowledgement of receipt letter" shall be replaced by the words "by electronic acknowledgement of receipt" and the sentence "the acknowledgement of receipt is sent 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 259a-19, § 2A, in the absence of notice within the prescribed period or in the absence of use of the standard form, he went beyond this notice;" no later than eight days after the end of this period, the candidate is informed by the Minister of Justice electronically against acknowledgment of receipt. ";
4 ° in paragraph 2, paragraph 3, the word "letter" are replaced by the words "electronic means" and the "nineties" Word is replaced by the word "eighty";
5 ° in paragraph 2, subparagraph 4, a) is replaced by the following: ' a) application and the supporting documents referred to in article 287sexies, paragraph 3 or 8, concerning studies and professional experience; ";
6 ° c in paragraph 2, paragraph 4, c) is supplemented by the words ", as well as evidence of receipt of such notice by the candidate";
7 ° in paragraph 2, paragraph 4, d) is supplemented by the words "and the internship reports drawn up by the masters of stage";
8 ° in paragraph 2, paragraph 4, f) is replaced by the following: ' f) an extract from the criminal record including the date is posterior to the publication referred to in paragraph 1, 1st subparagraph. ";
9 ° in paragraph 3, paragraph 1, the word "hundred" is replaced by "nineties";
10 ° in paragraph 3, paragraph 1, the words "with the request to issue reasons for each of the candidates;" shall be replaced by the words "with the request to issue a written notice reasons using a standard form prepared by the Minister of Justice on the proposal of the High Council of Justice, for each of the candidates;";
11 ° in paragraph 3, paragraph 2, the word "hundred" is replaced by the word "nineties" and "letter to the position" shall be replaced by the words "by electronic means".
12 ° in paragraph 3, paragraph 4, the words "duplicate" are repealed, "against receipt of dated receipt or by registered mail with acknowledgement of receipt letter" shall be replaced by the words "by electronic acknowledgement of receipt" and the sentence "the acknowledgement of receipt is sent to the Minister of Justice." is repealed;
13 ° paragraph 3, paragraph 5 is replaced by the following: "in the absence of opinion within the period prescribed for each candidate, or in the absence of use of the standard form, he went beyond this notice;" no later than eight days after the end of this period, the candidates concerned shall be informed by the Minister of Justice by electronic acknowledgement of receipt. ";
14 ° paragraph 3 is supplemented by a paragraph worded as follows: "candidates have under penalty of forfeiture of a period of 15 days from the notification of the opinion of the General Assembly to send their comments electronically to the Minister of Justice. In the absence of opinion within the prescribed period, they have to do this for a period of one hundred thirty-five days from the date of the publication referred to in paragraph 1. ";
15 ° in paragraph 4, paragraph 1, the word "hundred" is replaced by "nineties" and the words "each candidate" are replaced by the words "of the candidates whose candidacy was 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 "hundred" is replaced by "ninety", "letter to the position" shall be replaced by the words "electronic means", and "forty days" shall be replaced by the words "fifty-five days";
18 ° paragraph 4, paragraph 5, is supplemented by the words "whose candidacy was declared admissible";
19 ° in paragraph 4, paragraph 6, the word "letter in the mail" are replaced by the words "electronic means".
20 ° in paragraph 4, paragraph 13, the words "registered letter in the mail with acknowledgement of receipt or against acknowledgement of receipt dated" are replaced by the words "electronic acknowledgement of receipt means" and the words "the list is communicated" are replaced by the words "the list is communicated electronically";
21 ° in paragraph 4, paragraph 14, the word "letter in the mail" are replaced by the words "electronic means";
22 ° in operative paragraph 4, paragraph 15, the word "letter in the mail" are replaced by the words "electronic means";
23 ° in paragraph 5, 1st paragraph is replaced by the following: "upon receipt of the submission, the has King of fifty days to take a decision and communicate it electronically to the commission of appointment, to the applicants, the commanding officer of the Court or public prosecutor near the Court where should occur the appointment the head of the applicant and the Attorney general of the place where the oath must be lent. ";

24 ° in paragraph 5, paragraph 2, the words 'registered letter mailed or against acknowledgement of receipt' shall be replaced by the words "electronic acknowledgement of receipt means" and "simple letter" shall be replaced by the words "electronic means";
25 ° in paragraph 5, subparagraph 3, the first sentence is replaced by the following: "whenever the King fails to decide the relevant Nominating Committee within the period of fifty days, and the candidates have, from the fifty-fifth day, a period of fifteen days to notify a bet remains to the Minister of Justice by electronic means.".
S. 53. in article 259quater of the Code inserted by the law of December 22, 1998 and amended, as last amended by the Act of February 5, 2016, the following changes are made: 1 ° in paragraph 2, paragraph 1, the word "forty-five" is replaced by the word "thirty" and the words "for the applications that it has declared admissible under the conditions referred to in article 287sexies "shall be inserted between the words" Belgian Monitor", and the words"the written reasoned opinion";
2 ° paragraph 2, paragraph 1, 3 ° is supplemented by the following sentence: "For the first president of the Supreme Court and the Attorney general about it, the notice is collected from the Bâtonnier of the order of lawyers at the Court of cassation.";
3 ° in paragraph 2, paragraph 3, has) is replaced as follows: ' a) application and the 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 notice by the candidate";
5 ° in paragraph 2, paragraph 3, f) is replaced by the following: 'f) an extract from the criminal record including the date is posterior to the publication referred to in paragraph 1.';
6 °, paragraph 3, subparagraph 2, 4 °, is supplemented by the words "whose candidacy was declared admissible";
7 ° in paragraph 5, the paragraph 1 is supplemented by the following sentence: "when the designated judge President justices of the peace and judges at the tribunal de police is not justice of the peace or judge at the tribunal de police, it is respectively designated Justice of the peace if the Vice President is the police court judge and judge at the Court of police if the Vice President is justice of the peace.";
8 ° in operative paragraph 7, the words "registered letter in the mail or against acknowledgement of receipt" shall be replaced by the words "electronic acknowledgement of receipt means".
S. 54 A article 259quinquies of the Code, inserted by the law of December 22, 1998 and amended by the Act of December 1, 2013, the following changes are made: 1 ° in paragraph 1, 3 °, paragraphs 1 and 2, the words ", for a renewable period of 3 years," whenever it are repealed;
2 ° in paragraph 1, 3 °, paragraph (3) is supplemented by the following sentence: "As appropriate, replacement may be allowed in the Court or the Prosecutor's office in which the designation took place or, if the designated person was judge in a court or one prosecutor other than the Court or the Prosecutor's office where it is designated in this Court or this parquet.";
3 ° paragraph 1 is supplemented by a paragraph worded as follows: "the designation to the mandate of president of division, Attorney of division or division listener suspends Deputy mandate in which the magistrate was designated in or outside the Court or the Prosecutor's office in which the designation as president of division, division attorney or auditor's division took place." However, the appointment to Deputy Attorney of division or division auditor mandate terminates Deputy Prosecutor Deputy of Brussels mandate or auditor labour Deputy of Brussels. ";
4 ° in the Dutch text of paragraph 1bis, paragraph 4, the word "afdelingsvoorzitter" is replaced by the word "sectievoorzitter";
5 ° a 1B paragraph worded as follows is added: "§ 1B." Designations as Vice President of justices of the peace and judges to the tribunal de police is measured for a period of five years renewable after evaluation if the new president has the same quality that the president coming out or that the designated judge President justices of the peace and judges at the tribunal de police is a Justice of the peace or a judge at the tribunal de police. The early end of the mandate of president of the judges of the peace and judges to the tribunal de police takes the end of the mandate as vice-president from swearing of the successor of the president except if the new president has the same quality that the president coming out or that the designated judge President justices of the peace and judges at the tribunal de police is a Justice of the peace or a judge at the tribunal de police.
In the event of early end of the mandate of the Vice President, the procedure referred to in paragraph 1 is underway to designate the magistrate who will finish the current mandate. As vice-president to replace was a Justice of the peace or a judge at the tribunal de police, it will be replaced respectively by a Justice of the peace or a judge at the tribunal de police.
In the event of non-renewal of the mandate as vice-president, the procedure referred to in paragraph 1 is initiated.
At the expiration of their mandate, they re-enter the last function to which they were appointed.
The vice-president of the judges of the peace and judges to the tribunal de police is presumed to have begun its mandate at the time of oath by the president of justices of the peace and judges to the tribunal de police. ";
6 ° to paragraph 2, the words ", listeners in division and the vice-presidents of the justices of the peace and judges to the tribunal de police" are replaced by the words "and listeners of division".
S. 55. at article 259sexies of the Code, inserted by the law of December 22, 1998 and amended by the Act of February 5, 2016, the following changes are made: 1 paragraph 1 °, 3 °, paragraph 4, the words "one hundred days" are replaced by the words 'ninety days';
in paragraph 1 2 °, 3 °, paragraph 5, the words "one hundred days" are replaced by the words "ninety days" and the word "letter in the mail" are replaced by the words "electronic means".
3 paragraph 1 °, 3 °, paragraph 6 is replaced by the following: "The College of Prosecutors General sent reasoned opinions to the Minister of Justice within a period of thirty days from the request and communicates a copy to the applicants concerned by electronic acknowledgement of receipt.";
4 ° in the paragraph 1, 3 °, paragraph 7, the words "letter in the mail with acknowledgment of receipt" shall be replaced by the words "electronic acknowledgement of receipt means";
5 ° in the paragraph 1, 4 °, paragraph 1, the words "the courts of first instance" and the words "Court of appeal" are repealed;
6 ° in the paragraph 1, 4 °, paragraph 4, the words "the Court of first instance" and the words "Court of appeal" are repealed;
7 paragraph 1 °, 4 °, paragraph 5, is supplemented by the following sentence: "As appropriate, replacement may be permitted in the jurisdiction in which the designation took place or, if he is appointed in another jurisdiction, in this jurisdiction.";
8 paragraph 1 °, 5 °, paragraph 5, is supplemented by the following sentence: "As the case may be, the replacement may be authorized in the Prosecutor's office in which the designation took place or, if he is named in an another floor in this parquet.";
9 ° in paragraph 2, paragraph 2 is replaced by the following: "judges to the Court of enforcement penalties and substitutes the Prosecutor specialized in enforcement of sentences are designated for a renewable period of one year first for a period of three years, and then every time for a period of four years, after evaluation.".
S. 56. article 259octies of the same Code, inserted by the law of December 22, 1998, and as last amended by the Act of February 29, 2016, is supplemented by subsection 9 worded as follows: "§ § 9 9" The King determines the justice of judicial trainees assistance and compensation for damage to the goods, incurred by them, in accordance with the provisions in force for agents of the State. "."
S. 57 A article 259novies of the Code, inserted by the law of December 22, 1998, replaced by the law of December 18, 2006 and amended by the Act of December 1, 2013, the following changes are made: 1 ° in paragraph 2, paragraph 2, the words "letter in the mail" are replaced by the words "electronic means".
2 ° in paragraph 3, paragraph 3, the words "letter in the mail" are replaced by the words "electronic means".
3 ° in paragraph 4, paragraph 1, the words "registered mail" are replaced by the words "electronic means".
4 ° in operative paragraph 5, paragraph 1, the words "with acknowledgement of receipt dated" are replaced by the words "by acknowledgement of receipt dated" and "letter in the mail with acknowledgment of receipt" shall be replaced by the words "electronic acknowledgement of receipt means";
5 ° in paragraph 5, paragraph 2, the words "letter in the mail with acknowledgment of receipt" shall be replaced by the words "electronic acknowledgement of receipt means" and "joining the original" shall be replaced by the words "that the joint";
6 ° in operative paragraph 6, the words "registered letter to the post office with" are replaced by the words "electronic means against";
7 ° in paragraph 9, paragraph 6, the word "letter in the mail" are replaced by the words "electronic means".
8 ° in paragraph 9, paragraph 8, the words "by registered letter to the post office with" are replaced by

the words "electronic counter";
9 ° in paragraph 10, paragraphs 4 and 5, the words "duplicate" are each repealed;
10 ° in paragraph 10, paragraph 6, the words "registered letter to the post office with" are replaced by the words "electronic means against";
11 ° in paragraph 10, paragraph 7 is replaced by the following: "in the absence of notice within the prescribed period, it increased in addition to this notice.";
12 ° in paragraph 10, paragraph 8, the words "letter in the mail" are replaced by the words "electronic means".
13 ° in paragraph 10, paragraph 10, the words "registered letter to the post office with" are replaced by the words "electronic means against";
14 ° in paragraph 10, paragraph 11, the words "registered letter to the post office with" are replaced by the words "electronic means against" and "which included the original" shall be replaced by the words "that the joint";
15 ° in paragraph 10, paragraph 13, the words "registered letter to the post office with" are replaced by the words "electronic means against";
16 ° in paragraph 10, paragraph 14, the fifth indent is replaced by the following: "-parts certifying receipt of the notice by the applicant.".
S. 58. in the second part, book 1, title VI, chapter Protocol68, of the same Code, there shall be inserted a section IV entitled "of the Board".
S. 59. in section IV, inserted by article 58 article be inserted a 259undecies/1 as follows: "article 259undecies/1. Magistrates may bring an action before a Board of appeal against the final 'insufficient' mention obtained in the context of their evaluation within 30 days following the notification of this reference.
The College courts and tribunals means by linguistic role and for three years six members from the courts of first degree and six members from the course.
The College of the Crown means by linguistic role and for three years six members of the parquets of the Prosecutor of the King and the audits of labour and six members from the General Prosecutor and the General audits.
For the purposes of this article, the members of and the Court of cassation are respectively identified as members of courts and General Prosecutor's Office.
For the purposes of this section the members of the federal prosecution are assimilated to the members of the General parquet.
Depending on whether the applicant belongs to the seat or the Crown, the appeal addressed respectively to the president of the College of the courts or the president of the College of the Crown composing the Appeals Committee within five days.
The Appeals Committee is composed respectively of three magistrates of the public Ministry of the same linguistic role as the applicant designated by the president of the College of the public prosecutor or of three judges of the same linguistic role as the applicant designated by the president of the College of the courts and tribunals. "."
S. 60. article 260 of the same Code, replaced by the Act of April 25, 2007, and amended by the Act of April 10, 2014, including the current text will form the 1st paragraph, is supplemented by a paragraph 2 as follows: "§ § 2 2" At the end of an internship which must assess the suitability of the candidate for the function, the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or when the Appeals Board referred to in article 287quater suggested his appointment.
Probation, professional incapacity or due to gross negligence, the King may terminate the internship on a proposal from the Board of appeal.
Time and status applicable to trainees of the levels B, C and D, referred to in article 177, they are applied to the same extent and under the same conditions. "."
S. 61 A section 261 of the same Code, replaced by the Act of April 25, 2007, and amended by the Act of April 10, 2014, the following changes are made: 1 ° paragraphs 2 and 3 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function, the appointment becomes final when the trainee got at the end of the evaluation period, the words "meets expectations" or "exceptional" or when the Appeals Board referred to in article 287quater suggested his appointment.
Probation professional incapacity or due to gross negligence, the King may terminate the internship on a proposal of the commission of appeal. ";
2 ° paragraph 4 is replaced by the following: 'time and status applicable to trainees of the levels B, C and D, referred to in article 177, they are applied to the same extent and under the same conditions.'.
S. 62. in article 262 of the Code, replaced by the Act of April 25, 2007, and amended by the laws of the December 29, 2010, December 1, 2013 and April 10, 2014, the following changes are made: a) in paragraph 1, paragraphs 2 and 3 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or the Appeals Board referred to in article 287quater has proposed his appointment.
Probation professional incapacity or due to gross negligence, the King may terminate the internship on a proposal of the commission of appeal. ";
(b) in paragraph 1, paragraph 4 is replaced by the following: "the time and status applicable to trainees of the levels B, C and D, referred to in article 177, them are applied to the same extent and under the same conditions.";
(c) in paragraph 2, paragraph 1, 2 ° is replaced by the following: "2 ° be winner, for the relevant function, a comparative selection referred to in article 279, § § 4 4";
(d) in paragraph 2, paragraphs 2 to 6 are repealed.
S. 63. in article 263 of the Code, replaced by the Act of April 25, 2007, and amended by the laws of the December 29, 2010, December 1, 2013 and April 10, 2014, the following changes are made: a) in paragraph 1, paragraphs 2 and 3 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or the Appeals Board referred to in article 287quater has proposed his appointment.
Probation professional incapacity or due to gross negligence, the King may terminate the internship on a proposal of the commission of appeal. ";
(b) in paragraph 1, paragraph 4 is replaced by the following: "the time and status applicable to trainees of the levels B, C and D, referred to in article 177, them are applied to the same extent and under the same conditions.";
(c) in paragraph 2, paragraph 1, 2 ° is replaced by the following: "2 ° be winner, for the relevant function, a comparative selection referred to in article 279, § § 4 4";
(d) in paragraph 2, paragraphs 2 and 3 are repealed.
S. 64A article 264 of the Code, replaced by the Act of April 25, 2007 and amended by the Act of December 1, 2013, the following changes are made: 1 ° in paragraph 1, paragraphs 2 and 3 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function, the appointment becomes final when the trainee got at the end of the evaluation period, the words "meets expectations" or "exceptional" or when the Appeals Board referred to in article 287quater suggested his appointment.
Probation professional incapacity or due to gross negligence, the King may terminate the internship on a proposal of the commission of appeal. ";
2 ° in the 1st paragraph, paragraph 4 is replaced by the following: "the time and status applicable to trainees of the levels B, C and D, referred to in article 177, them are applied to the same extent and under the same conditions.";
3 ° in paragraph 2, 1 °, the words "or a parquet secretariat" shall be replaced by the words ", a secretariat of parquet or, where applicable, a support service";
4 °, paragraph 3 is replaced by the following: "§ § 3 3" The comparative selection can include several modules of successive tests to which the candidate is accepted subject to the success of the previous module. In this case, the classification is established on the basis of the results of the last module. "."
S. 65. A section 265 of the Code, replaced by the Act of April 25, 2007 and amended by laws of December 29, 2010 and April 10, 2014, the following changes are made: a) in paragraph 1, paragraphs 2 and 3 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or the Appeals Board referred to in article 287quater has proposed his appointment.
Probation professional incapacity or due to gross negligence, the King may terminate the internship on a proposal of the commission of appeal. ";
(b) in paragraph 1, paragraph 4 is replaced by the following: "the time and status applicable to trainees of the levels B, C and D, referred to in article 177, them are applied to the same extent and under the same conditions.";
(c) in paragraph 2, paragraph 1, 2 ° is replaced by the following: "2 °

winner being, for the relevant function, a comparative selection referred to in article 279, § "§ 4 4;
(d) in paragraph 2, paragraphs 2 and 3 are repealed.
S. 66. article 266 of the same Code, replaced by the Act of April 25, 2007, and amended by law of December 29, 2010 and April 10, 2014, the following changes are made: a) in paragraph 1, paragraphs 2 and 3 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or the Appeals Board referred to in article 287quater has proposed his appointment.
Probation professional incapacity or due to gross negligence, the King may terminate the internship on a proposal of the commission of appeal. ";
(b) in paragraph 1, paragraph 4 is replaced by the following: "the time and status applicable to trainees of the levels B, C and D, referred to in article 177, them are applied to the same extent and under the same conditions.";
(c) in paragraph 2, paragraph 1, 2 ° is replaced by the following: "2 ° be winner, for the relevant function, a comparative selection referred to in article 279, § § 4 4";
(d) in paragraph 2, paragraphs 2 and 3 are repealed.
S. 67. in article 267 of the same Code, replaced by the Act of April 25, 2007, the following changes are made: 1 ° in paragraph 1, paragraphs 2 and 3 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function, the appointment becomes final when the trainee got, at the end of the evaluation period , the mention "meets expectations" or "exceptional" or when the Appeals Board referred to in article 287quater suggested his appointment.
Probation professional incapacity or due to gross negligence, the King may terminate the internship on a proposal of the commission of appeal. ";
2 ° in the 1st paragraph, paragraph 4 is replaced by the following: "the time and status applicable to trainees of the levels B, C and D, referred to in article 177, them are applied to the same extent and under the same conditions.";
3 ° in paragraph 2, 1 °, the words "or a parquet secretariat" shall be replaced by the words ", a secretariat of parquet or, where applicable, a support service";
4 °, paragraph 3 is replaced by the following: "§ § 3 3" The comparative selection can include several modules of successive tests to which the candidate is accepted subject to the success of the previous module. In this case, the classification is established on the basis of the results of the last module. "."
S. 68 article 268 of the same Code, replaced by the Act of April 25, 2007 and amended by laws of December 1, 2013 and April 10, 2014, the following changes are made: 1 ° in paragraph 1, paragraphs 2 to 5 shall be replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or the Appeals Board referred to in article 287quater has proposed his appointment.
Probation, professional incapacity or due to gross negligence, the King may terminate the internship on a proposal from the Board of appeal.
Time and status applicable to trainees of the levels B, C and D, referred to in article 177, they are applied to the same extent and under the same conditions. ";
2 °, paragraph 2 is replaced by the following: "§ § 2 2"
In order to be appointed by promotion, in a class of level A, the candidate shall be appointed permanently at level B or C in a registry, a secretariat of parquet or, where appropriate, support, and winner, for the function concerned, of a comparative selection referred to in article 279, § 4. "."
S. 69. article 269 of the same Code, replaced by the Act of April 25, 2007, and amended by the Act of April 10, 2014, is repealed.
S. 70 article 270 of the same Code, replaced by the Act of April 25, 2007 and amended by laws of December 1, 2013 and April 10, 2014, the following changes are made: 1 ° in paragraph 1, paragraphs 2 to 4 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or the Appeals Board referred to in article 287quater has proposed his appointment.
Probation, professional incapacity or due to gross negligence, the Minister of Justice may terminate the internship on a proposal of the commission of appeal. ";
2 ° in paragraph 2, 1 °, the words "or a parquet secretariat" shall be replaced by the words ", a secretariat of parquet or, where applicable, a support service";
3 ° in paragraph 3, the words "the provisional appointment" are replaced by the words "the stage".
S. 71 article 271 of the same Code, replaced by the Act of April 25, 2007 and amended by laws of December 1, 2013 and April 10, 2014, the following changes are made: 1 ° in paragraph 1, paragraphs 2 to 4 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function the appointment becomes final when the trainee got, at the end of the evaluation period, the words "meets expectations" or "exceptional" or the Appeals Board referred to in article 287quater has proposed his appointment.
Probation, professional incapacity or due to gross negligence, the Minister of Justice may terminate the internship on a proposal of the commission of appeal. ";
2 ° in paragraph 2, 1 °, the words "or a parquet secretariat" shall be replaced by the words ", a secretariat of parquet or, where applicable, a support service";
3 ° in paragraph 3, the words "the provisional appointment" are replaced by the words "the stage".
S. 72 article 272 of the same Code, replaced by the Act of April 25, 2007 and amended by laws of December 1, 2013 and April 10, 2014, the following changes are made: 1 ° paragraphs 2 to 4 are replaced by the following: "at the end of an internship which must assess the suitability of the candidate for the function, the appointment becomes final when the trainee got at the end of the evaluation period, the words "meets expectations" or "exceptional" or when the Appeals Board referred to in article 287quater suggested his appointment.
Probation, professional incapacity or due to gross negligence, the Minister of Justice may terminate the internship on a proposal of the commission of appeal. ";
2 ° in paragraph 5, the words "the provisional appointment" are replaced by the words "the stage".
S. 73. in the second part, book I, title VI, chapter VI, of the Code, the title of section II, inserted by the Act of April 25, 2007, is replaced by the following: "in the selection.".
S. 74. article 273 of the same Code, replaced by the Act of April 25, 2007, is replaced by the following: 'article 273. the King lays down the arrangements for the comparative selection referred to in articles 261-268 and 270 to 272 "."
S. 75. article 274 of the same Code, replaced by the Act of April 25, 2007 and amended by laws of December 1, 2013 and April 10, 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." In the A level and for a clerk or Secretary job, the Executive Committee chooses if employment must be assigned by way of transfer, mobility, recruitment, promotion, and/or change of grade.
The justices of the peace and the courts of the legal district of Brussels police, this choice belongs to the president of the Court of first instance. The president of the competent court of first instance is determined pursuant to section 186bis, paragraphs 2 to 7. ";"
2 ° paragraph 2, paragraph 1, is replaced by the following: "For the appointment of Chief Registrar, clerk head of Department, Chief Secretary, Secretary Chief of service or functions in the class A3 or A4 of level A, the Executive Committee chooses if employment must be assigned by way of transfer or promotion.";
3 ° a paragraph 2/1, worded as follows is added: "§ 2/1. For the designation as the Chief Clerk or Secretary in Chief, it is provided to the vacant using judicial staff that meets the regulatory requirements and who can claim it by progress. ";
4 ° in paragraph 3, the words 'of Justice' shall be inserted between the words "the Minister" and the words "or his representative".
5 ° in paragraph 4, paragraph 1, the words "of Justice" shall be inserted between the words "the Minister" and the words "or his delegate" and the words "at the request of the Executive Committee' shall be inserted between the word"service may,"and the words"under surveillance".
6 ° in paragraph 4, paragraph 3 is replaced by two paragraphs worded as follows: "in case of a tie between candidates who enter online account for a deployment, mobility, recruitment, a promotion or a change of grade, additional event is still organized.
The recruitment of additional comparative test reserve has a duration of two years, from the date of the minutes which closes it. ";

7 ° 4/1 and 4/2 paragraphs are inserted between paragraphs 4 and 5, worded as follows: "§ 4/1. The Executive Committee may appeal to the existing reserve of a complementary comparative test referred to in paragraph 4, subparagraph 4, without application of article 287sexies.
§ 4/2. Additional comparative test winners who do not take a job offered to them are removed from the reserve recruitment of additional comparative test. ";
8 ° in operative paragraph 5, the words "among the candidates for the vacant" are repealed.
S. 76. in the second part, book first, title VI, chapter VI, section II, of the same Code, it is inserted an article 275bis as follows: "article 275bis. recipients applying a function undertake to enter into service. Those after the notification of the appointment, refusing to enter into service are removed from the reserve of the winners.
With the appointment, the staff members exhausted rights linked to their outcome. The resigning staff members lose the benefit of their result, even if the concerning the relevant selection deadline has not expired. "."
S.
77A article 278, paragraph 2, of the same Code, replaced by the Act of April 25, 2007 and amended by the Act of April 10, 2014, the following changes are made: 1 ° 1st paragraph is repealed;
2 ° in article 2, which becomes the paragraph 1, the words "of Justice" shall be inserted between the words "the Minister" and the words "for what concerns experts.".
S.
78. in the second part, book I, title IV, chapter VI, section III of the same Code, subsection II, repealed by Act of April 10, 2014, is restored in the following wording: "subsection II. '-Promotion to the A level ".
S. 79. in sub-section II, restored by article 78, article 279, repealed by Act of April 10, 2014, is restored in the following wording: "art.
279 § 1. To participate in the events of accession at the A level, the staff member must be in an administrative position where it can assert its securities at promoting and obtaining and retain the reference to "exceptional" or "meets expectations" its last assessment.
§
2. Assumption of level tests are divided into three series: the first series is organized by the Selor. The events of this series are intended to assess the capacity of a member of staff to work at the A level. They conclude by a certificate or an admission of failure.
The certificate is valid without limitation of time.
Managing Director of the Selor can grant an exemption of already successful tests.
A staff member who has not passed a test is excluded for a period of six months from the date of the presentation of this event of the possibility to present it again.
§ 3. The second series includes four tests designed to assess the acquisition of knowledge. Each of the four events involves follow-up and completion of the course of at least four credits in the program of the masters of a university or high school of the European economic area. The second series of tests is accessible only to the winners of the first series of tests.
One of these tests should be chosen in the areas of the economy, law or public finances.
The other three events are selected by common agreement by the applicant and the Minister of Justice or his delegate on the advice of the judicial training Institute.
The judicial training Institute can also organise itself the tests referred to in paragraph (3) subject to favourable opinion of two university professors, one of each linguistic role, specialized in the subject matter of these events. Notice will be favourable if and only if the tests are a master level and match each at at least four credits.
Candidates holding a master's degree or a diploma which provides access to the level, issued by a university or a College of the European economic area, are considered winners of the events in this series.
For each event in this series, the success is valid without limitation of time.
The registration fee to the tests in this series are supported by the judicial training Institute.
§ 4. The third series consists of a comparative selection to a function of A level. It is organized by the Selor. It is accessible only to the winners of the first and the second series of tests. The comparative selection can include several stages, of which the first may be eliminatory. "."
S. 80. in article 287ter of the Code inserted by the law of 17 February 1997 and replaced by the Act of April 10, 2014, the following changes are made: a) in paragraph 1, paragraph 1, the words "appointed definitively and all members of the contract staff" are repealed;
(b) in paragraph 1, paragraph 3, first sentence, the words "the magistrate or" shall be inserted between the words "the superior hierarchical is" and the words "the Member of staff".
(c) in paragraph 1, paragraph 3, second sentence, the words "the magistrate or" shall be inserted between the words "is the functional head" and the words "the Member of statutory or contractual staff";
(d) in paragraph 2, paragraph 1 is replaced by the following: "the evaluation period has a duration of one year except where otherwise provided by the King. Function maintenance is required at the beginning of the evaluation period when the staff member is appointed definitively, is engaged, or change function. Function maintenance is also required when the function is experiencing significant changes. ";
(e) in paragraph 2, paragraph 2, the word "new" is repealed;
(f) there shall be inserted a paragraph 3bis worded as follows: "§ 3A." Paragraphs 2 and 3 shall apply to the course, subject to the following specific characteristics: 1 ° the course must contain at least three interviews of operation. They are distributed evenly throughout the evaluation period and to close each by the awarding of a "exceptional" mention "meets expectations", ' improving' or 'insufficient';
2 ° when they concern the internship, the elements referred to in § 3 shall be determined so as to:-permit the optimal integration of the trainee within its service and the judiciary in general;
-determine whether the trainee has the capabilities required to perform the duties in relation to the job for which it is designated. ';
(g) in operative paragraph 4, paragraph 1, the words "even if it is not consecutive to the first 'insufficient' mention' are replaced by the words"even if the two terms are not consecutive";
(h) paragraph 4 is supplemented by a paragraph as follows: "this paragraph does not apply to trainees.";
(i) in article 4bis and 4ter, 4quater paragraphs worded as follows shall be inserted: "§ 4A." If during the internship 'insufficient' endorsement is awarded at the end of a mandatory operation maintenance, Chief Magistrate of body transfers the dossier to the commission of appeal referred to in article 287quater which decides if the internship can be prosecuted or transmits a proposal for dismissal to the authority competent to decide the dismissal during the course.
By way of derogation from paragraph 1, the allocation of a reference to 'insufficient' operation to the trainee does not lead to referral to the Board of appeal if the trainee, the assessor and Chief Magistrate body agree on the continuation of the course.
§ 4B. If at the end of the internship, a statement "to improve' or 'insufficient' is set, the Chief Magistrate of body transfers the dossier to the commission of appeal.
In the case of 'insufficient', as the case reference: 1 ° the Appeals Committee decides if the internship must be extended;
2 ° the Appeals Committee shall submit a proposal for dismissal to the competent authority for dismissal during the course.
In the case of words "improve", as appropriate: 1 ° the Appeals Committee decides if the internship must be extended;
2 ° the Appeals Committee shall submit a reasoned proposal for appointment to the competent authority for dismissal during the course. In this case, the probationary period is considered as is being completed on a mention "meets expectations".
§ 4quater. At the end of the probationary period extended pursuant to the § 4B, Chief Magistrate of body shall notify the commission of the assessment documentation the intern assigned the mention of evaluation ' improving' or 'insufficient'.
The commission, as the case may be: 1 ° shall submit a reasoned proposal for appointment to the competent authority for dismissal during the course. In this case, the probationary period is considered as concluding with the words "meets expectations";
2 ° submits a reasoned proposal for dismissal to the competent authority for dismissal during the internship period. "."
S. 81. the 287ter/1 article of the same Code, inserted by the Act of April 10, 2014, the following changes are made: a) in paragraph 1, the words "six months" shall be inserted between the words "fence" and the words "before the end";
(b)) paragraph 3, paragraph 1, is completed by the following sentences: "as preparation for this interview, the person evaluating establishes a self-assessment it transmits to the assessor days calendars before servicing.
This written self-assessment is attached to the evaluation record. ";
(c) in paragraph 4, paragraph 2 is repealed;
(d) article is supplemented by subsection 9 worded as follows: "§ § 9 9" The assessment documentation the holder of a warrant Chief Clerk or Secretary in

Chief referred to in section 160, § 8, paragraph 3, consists of the following: 1 ° an identification form with personal data and the order of designation;
2 ° a description of function validated;
3 ° the management plan referred to in article 185/6;
4 ° if applicable, reports of interviews of operation and/or any other document to understand the agreements, arrangements and adjustments the objectives to reach between rated mandate-holder and his assessor;
5 ° the self-assessment of the mandate holder;
6 ° assessment reports;
7 ° the possible the appeal file introduces.
The evaluated can add documents in his assessment package.
Evaluation file is kept with the body referred to in article 58bis head.
Individual assessment documentation is at the disposal of the evaluated, its assessor and the Minister of Justice or his delegate. "."
S.
82. in article 287quater of the Code inserted by the law of 17 February 1997 and replaced by the Act of April 10, 2014, the following changes are made: a) paragraph 1 is replaced by the following: "§ 1." It is created a competent Board of appeal for redress concerning the assessment and training.
The seat of this Board is located in Brussels.
The Appeals Committee is composed of a francophone section and a Dutch-speaking section. The linguistic role of the staff member determines to which section should appear.
The German-speaking staff member appeared before the Committee chaired by the Deputy president that justifies the knowledge of the German language.
The Appeals Board shall establish its rules of procedure.
The Appeals Committee is composed of: 1 ° two presidents appointed by the Minister of Justice: the French president chairs the francophone section, the Dutch president chairs the Dutch section.
2 ° by section, five members of whom two shall be appointed by the Minister of Justice and three are appointed by representative trade unions, at the rate of one per organization;
3rd alternate, namely: three presidents appointed by the Minister of Justice, and by section, five members of whom two shall be appointed by the Minister of Justice and three are appointed by representative trade unions.
The chairpersons and Deputy Chairpersons are appointed from among the magistrates of the judiciary.
The other members and the other alternates are designated within the judicial personnel of level A or B.
With the exception of presidents, half of the members and alternates appointed by the Minister of Justice is on a proposal from the College of the Crown, the other half on a proposal from the College of the courts and tribunals.
Two of the Deputy Chairpersons respectively assume the Presidency of the French for the French president section and Dutch section for Dutch-speaking president. The third Deputy Chairman must justify his knowledge of German, as well as the french or Dutch. It notably assumes the Presidency of the section of the records of the German-speaking staff members.
The appeal is suspensive. ";
(b) in paragraph 2, paragraph 1 is replaced by the following: "the reasoned opinion of the commission consists either in a proposal to maintain the assigned reference, or a proposal for a more favourable mention.";
c), paragraph 2, subparagraph 2, is supplemented by the following sentence: "the Minister of Justice or his delegate shall immediately inform the applicant staff member and shall forward the notice.";
(d) in paragraph 2, paragraph 3, the words ", or assign another statement" are repealed.
S.
83. article 287quinquies, § 3, of the same Code, inserted by the Act of April 25, 2007, is complemented by the following sentences: "compliance with the requirement to conduct is proved by means of an extract from the judicial record which indicates that the applicant has not been convicted, even conditional, by conviction cast in res judicata barely a correctional or criminal unless he has been rehabilitated. This provision shall apply by analogy to persons who have been sentenced abroad to a sentence of the same nature a conviction cast in res judicata. "."
S.
84 to article 287sexies of the same Code, inserted by the Act of April 25, 2007 and amended by the Act of 31 December 2012, the following changes are made: 1 ° 1st paragraph is replaced by the following: "any application for a nomination in the judiciary or designation of commanding officer, judge at the Court of the application of punishments" , youth liaison magistrate, magistrate of assistance, federal magistrate, Deputy Procurator of the King specializing in application of penalties or member judicial staff must be addressed to penalty of forfeiture, the Minister of justice within a period of twenty days from the publication of the vacancy in the Moniteur belge. ";
2 ° paragraph 4 is repealed;
3 ° in paragraph 5, which becomes paragraph 4, the words "duplicate" are repealed and the words "registered mail" are replaced by the words "by electronic means";
4 ° paragraph 8, which becomes article 7 is replaced by the following: "the call for applicants to the Moniteur belge mentions how applications should be introduced. For vacancies of judicial personnel, the appeal may also, taking into account the classification, set the maximum number of participants to the complementary test. ";
5 ° article is supplemented by a paragraph worded as follows: "the supporting documents concerning studies and professional experience referred to in paragraph 3 must however more be claimed the candidate when they have already been provided in a previous nomination or when they are available due to the fact that the candidate already has membership or member of the staff of the judicial order.".
S. 85. in the second part, book Ier, title VI, of the same Code, there shall be inserted a chapter VIII entitled "of the termination of the functions".
S. 86. in Chapter VIII, inserted by article 85, it is inserted an article 287septies, worded as follows: "article 287septies. is ex officio and without notice removed from his post, the staff member referred to in chapters Vsexies and VI: 1 ° whose appointment is found irregularly in the time of annulment before the Council of State; This period does not apply in cases of fraud or deceit by the staff member;
2 ° who, without valid reason, abandons his post and remained absent for more than ten working days and which has been duly and previously warned and stopped;
3 ° which is located in a case where the application of criminal and civil laws causes the termination of service. "."
S.
87. in the same chapter VIII, it is inserted an article 287octies as follows: "article
287octies. the voluntary resignation entails the termination of service. In this case, the Member of staff referred to in chapters Vsexies and VI may abandon its service after notification of resignation by registered mail to the Minister of Justice or his representative.
The notification referred to in paragraph 1 above the resignation of thirty days at least, taking courses at the date of dispatch of the letter. This period may be reduced by mutual agreement. "."
S.
88. in the same chapter VIII, it is inserted an article 287novies as follows: "article
287novies. sections 287septies and 287octies shall apply to trainees. "."
S. 89A article 288 of the same Code, as last amended by the law of July 20, 2015, the following changes are made: 1 ° in the paragraph 1, the words "or judge consular" are replaced by the words ", consular judge or assessor pursuant to sentences";
in paragraph 1, as amended in the 1 ° 2 °, the words "in execution of sentences" are replaced by the words "the Court of the application of the penalties";
3 ° in paragraph 5, the words "of the Chairmen and Vice-Chairmen of the judges of the peace and judges to the tribunal de police", shall be inserted between the words "consular, full and alternate judges", and the words "of the prosecutors of the King";
4 ° in paragraph 8, the words "enforcement of sentences" are replaced by the words "the Court of the application of punishments".
5 ° paragraph 13 is supplemented by the following sentence: "the reception of an assessor to the disciplinary tribunal or to the disciplinary court of appeal worth respectively for receiving the disciplinary appeal tribunal and the disciplinary tribunal.".
S. 90a article 291, paragraph 1, of the same Code, as last amended by the Act of April 10, 2014, the following changes are made: 1 ° the words "presidents and vice-presidents of the judges of peace and the judges at the tribunal de police, assessors of the disciplinary courts," shall be inserted between the words "alternate courts judges", and the words "prosecutors of the King";
2 ° in the 1st paragraph, amended by 1 °, the words "enforcement of sentences" are replaced by the words "the Court of the application of punishments".
S. 91 A section 300 of the same Code, as last amended by the law of May 17, 2006, the following changes are made: 1 ° in paragraph (3), 'Effective in enforcement of sentences assessors' shall be replaced by the words "Actual assessors to the Court by the application of sanctions".
2 ° in paragraph 4, the words "Alternate assessors in execution of sentences" are replaced by the words "Alternate assessors to the Court by the application of sanctions".

S. 92. in article 304 of the Code, as last amended by the Act of December 1, 2013, "in implementation of the penalties" shall be replaced by the words "the Court of the application of punishments".
S. 93. in article 312 of the Code, as last amended by the Act of December 1, 2013, "in implementation of the penalties" shall be replaced by the words "the Court of the application of punishments".
S.
94 article 313 of the same Code, as amended by the laws of the 17 July 1984 and June 21, 2001, the following changes are made: 1 ° in the paragraph 1, the words "article 383bis, § 4, ' shall be replaced by the words" article 383bis, § 3, ";
2 ° in paragraph 2, the words "paragraph 2" shall be replaced by the words "§ 2".
S. 95. in article 314, paragraph 4, of the same Code, as last amended by the Act of December 1, 2013, the words "in execution of sentences" are replaced by the words "the Court of the application of punishments".
S.
96. article 319bis of the Code, inserted by the law of May 8, 2014, is supplemented by the following subparagraph: "depending on whether the president is justice of the peace or judge at the tribunal de police, the Vice President of justices of the peace and judges to the tribunal de police, prevented is respectively replaced by the judge to the police court or justice of the peace that the commanding officer designated for that purpose." Failing that, depending on whether the president is justice of the peace or judge at the tribunal de police, it is replaced by a judge in the police court or a Justice of the peace with the length of service the higher the district or failing in order of seniority of service. "."
S. 97. in article 322 of the Penal Code, as last amended by the Act of December 1, 2013, paragraph 4 is replaced by the following: "the assessor in the Court of the application of penalties prevented is replaced by an assessor to the alternate of the penal enforcement court: the assessor in enforcement of sentences in prison prevented is replaced by an assessor in enforcement of sentences in prison Deputy" , the assessor pursuant to sentences and prevented specializing in social rehabilitation internment is replaced by an assessor in accordance with sentences and detention specializing in alternate social reintegration, the assessor in internment in clinical psychology prevented is replaced by an assessor in internment in alternate clinical psychology. Unexpectedly absent, the judge at the Court of the application of the sentences may appoint another assessor in the Court of the enforcement of sentences of the same category, or, failing, an assessor in the Court of the application of the penalties of another category to replace prevented assessor. Failing this, it may designate a judge or a deputy judge or, Alternatively, when the processing of the case cannot be postponed, it may designate a lawyer aged thirty years at the least inscribed in the roll of the order, to replace the prevented assessor. "."
S.
98 article 330quater, § 2, of the same Code, inserted by the Act of June 10, 2006, replaced by the Act of April 25, 2007 and amended by laws of December 1, 2013 and April 10, 2014, the following changes are made: 1 ° 'public service' shall each time be replaced by the word 'service';
2 ° in the paragraph 1, the words "in equivalent diploma or an equivalent class" are replaced by the words "in a grade or equivalent or higher class";
3 ° in paragraph 2, the words "of trades" are repealed and the words "or higher" shall be inserted between the words "equivalent rank" and the words ", in a court,".
S. 99. in article 331, paragraph 2, 8 °, the same code replaced by Act of April 25, 2007 and amended by laws of December 1, 2013 and April 10, 2014, the words "the assessors to the Court by the application of sanctions", shall be inserted between the words "consular judges", and the words "the referendum".
S.
100. in the same Code, it is inserted an article 335bis, worded as follows: "article 335bis. President of justices of the peace and judges to the tribunal de police organises hearings of vacation in the justices of the peace and police courts. "."
S. 101. in article 340, § 5, of the same Code, replaced by the law of December 22, 1998 and amended by the Act of 1 December 2013 as amended by the law of May 8, 2014, paragraph 2 is repealed.
S. 102. in article 341 of the Code, replaced by the law of December 22, 1998, and as last amended by the Act of December 19, 2014, the following changes are made: a) in paragraph 1, 5 °, words "and 87, paragraphs 1 and 3," are replaced by the words "and 87, paragraphs 1 and 4';
(b) in paragraph 1, 6 °, words "and 87, paragraphs 1 and 3," are replaced by the words "and 87, paragraphs 1 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 1 of the ';
(d) in paragraph 2, "in implementation of the penalties" shall be replaced by the words "the Court of the application of the penalties";
(e) in paragraph 3, the words "and § 3, 2 °" are replaced by the words "and § 4, paragraph 2".
S.
103. in the second part, book II, title II, of the same Code, there shall be inserted a VIC chapter entitled "Means of identification".
S. 104. in chapter VIC, inserted by article 103 article be inserted a 352ter as follows: "article 352ter. the King determines the identity cards and other means of identification of the magistrates, judicial trainees and the judicial personnel. "."
S. 105. in article 353bis, paragraph 2, of the same Code, inserted by the Act of April 10, 2014, "the Court of cassation and of referendum" is inserted between the words "of the referendum" and the words "and prosecution lawyers".
S. 106. in the Dutch text of article 355 of the Code, replaced by the law of 27 December 2002 and amended by the law of December 1, 2013 as amended by the law of May 8, 2014, "advocaat-generaal Afdelingsvoorzitter" shall be replaced by the words "advocaat-generaal Sectievoorzitter".
S.
107 A article 355ter of the Code, inserted by the law of May 17, 2006, the following changes are made: 1 ° in the paragraph 1, the words "effective assessors in execution of sentences" are replaced by the words "actual assessors to the Court by the application of sanctions".
2 ° in paragraph 3, the words "alternate assessors in execution of sentences" are replaced by the words "alternate assessors to the Court by the application of sanctions".
S.
108. in article 358 of the Penal Code, as last amended by the law of May 17, 2006, the words "judge youth and judge at the Court of the application of the sentences, first Deputy Prosecutor of the King on the title auditor and Deputy Prosecutor of the King specialised in tax, substitute of the specialized prosecutor in enforcement of sentences" are replaced by the words "judge of the family court and" Youth for the duration of its functions within the rooms of the youth, judge at the Court of the application of punishments, repressive judge specializing in tax matters to the Court of first instance, of first Deputy Government Procurator of the King with the title of Auditor, Deputy Procurator of the King specialized in tax matters and Deputy Procurator of the King specializing in application sentences".
S. 109. in the text Dutch of the table contained in article 360bis, inserted by the law of 20 July 1991, replaced by the law of 27 December 2002 and amended by the Act of April 10, 2014, the words "advocaat-generaal bij het Hof van Cassatie Afdelingsvoorzitter" are replaced by the words "advocaat-generaal bij het Hof van Cassatie Sectievoorzitter".
S.
110a article 363, paragraph 4, of the same Code, inserted by the Act of April 10, 2014, the following changes are made: 1 ° "social judges, lay judges and social advisors" shall be replaced by the words "social counsellors, social judges, lay judges and assessors in accordance with sentences";
2 ° in paragraph 4, as amended by 1 °, the words "enforcement of sentences" are replaced by the words "the Court of the application of punishments".
S.
111. in article 366ter of the Code, inserted by the Act of April 10, 2014, "on an interim basis" shall be replaced by the word "intern".
S. 112. in article 375, § 1, paragraph 2, 1 °, of the same Code, replaced by the Act of April 25, 2007 and amended by the Act of April 10, 2014, the words "in articles 56-58" are replaced by the words "in articles 57 to 59".
S. 113. article 377, § 1, paragraph 1, of the same Code, replaced by the law of 3 May 2003, is supplemented by the words "or when the right to pension is open".
S.
114. article 390 of the same Code, as last amended by the law of May 17, 2006, is replaced by the following: 'article 390 383-389 articles shall apply to the judges and alternate Councillors with the exception of articles 383bis and 383ter.
By way of derogation from article 383, § 1, however, alternate Councillors appointed from among the judges allowed to retire because of their age can serve until age 70. They may be appointed deputy magistrate by the first president of the Court of appeal to sit until the age of 73 in the manner referred to in article 383, § 2, paragraph 2.
383-389 articles apply to actual assessors to the tribunal of the enforcement of sentences.
With the exception of articles 383bis and 383ter,.

they are also applicable to social advisors full and alternate to judges social and consular staff and alternate and assessors to the Court of the application of alternate penalties. "."
S.
115. in article 408 of the Penal Code, amended by the law of May 17, 2006, "in implementation of the penalties" shall be replaced by the words "the Court of the application of punishments".
S. 116 A section 411 of the same Code, replaced by the law of July 15, 2013 amended by the law of May 8, 2014, and amended by the Act of February 5, 2016, the following changes are made: 1 ° paragraph 1 is supplemented by a paragraph worded as follows: "members of the judicial personnel pensioners can continue to exercise their mandate of assessor until the end of the current mandate and at the latest until they reach the age of" 70 years. ";
2 ° in paragraph 6, paragraphs 1 and 2 shall be replaced by the following: "the first president of the Supreme Court and the Attorney general at the Court of cassation means jointly three Francophone judges and three Dutch, Emeritus or honorary magistrates of the seat or the floor who are standing as candidates to sit in the cases referred to in articles 409 , § 3, paragraph 1, and 410, § 3, paragraph 1. "."
S.
117. article 412, § 1, paragraph 1, of the same Code, replaced by the law of July 15, 2013 as amended by the law of March 28, 2014, the following changes are made: has) in the 1 °, d), "in execution of sentences" are replaced by the words "to the Court for the enforcement of sentences";
(b) paragraph 1 is supplemented by 8 ° and 9 ° written as follows: "8 ° the president of the College of the courts with respect to members and members of the staff of the College support service;
9 ° the president of the College of the Crown and the College of public prosecutors against members and members of the staff of support from these Colleges. "."
S. 118 A section 414 of the same Code, replaced by the law of July 15, 2013, the following changes are made: 1 ° 1st paragraph is supplemented by the following sentence: "for all complaints to disciplinary nature with respect to the first president of the Cour de cassation, is meant in this article by the authority referred to in section 412, § 1, the president and two presidents of the Court of cassation section 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, § 1, paragraphs 1 and 2." The complainant is informed in writing of the opening of the investigation or, reasoned way, of the decision not to deal with the complaint. "."
S. 119. in section 512, § 5, paragraph 1, of the same Code, replaced by the law of 7 January 2014, the sentence "for the Nominating Committee may deliberate and take decisions validly, all its members must be present." is replaced by the sentence "the Nominating Committee may deliberate and take decisions validly, the majority of its members must be present.".
S. 120A article 513 of the Code, replaced by the law of 7 January 2014, the following changes are made: 1 ° in paragraph 3, paragraph 1, the words "ninety days" are replaced by the words "one hundred days";
2 ° in operative paragraph 5, the words "month" shall be replaced by the words "40 days".
S.
121 A section 515 of the same Code, replaced by the law of 7 January 2014, the following changes are made: 1 ° in the 1st paragraph, paragraph 2 is replaced by the following: "vacancies are published in the Moniteur belge twice a year, unless a separate publication is necessary.";
2 ° in paragraph 4, 1st paragraph is replaced by the following: "the Nominating Committee may decide ex officio to hear all the candidates. In the contrary case, 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 hear. This list is the subject of a reasoned report. After having notified its decision motivated to each applicant by registered letter, the Nominating Committee shall convene and means successful candidates, as well as all unsuccessful candidates who made the request by registered delivery within a period of 15 days after notification which has been sent to them. It then establishes a classification of the three most likely candidates. If the Nominating Committee is to render an opinion on less than three candidates, the list is limited to the only candidate or the only two candidates. "."
S.
122. article 552, 8 ° of the Code, replaced by the Act of 7 January 2014, is repealed.
S.
123. A section 555/1 of the same Code, replaced by the law of 7 January 2014 and amended by the law of May 8, 2014, the following changes are made: has) 1st paragraph is complemented by the 23 ° and 24 °, worded as follows: "23 ° to establish the register referred to in article 32quater/2 and the monitoring of its operation and its use maintain the list referred to in article 32quater/2, and to define the role of bailiffs responsible for the service of documents in criminal matters;
24 ° to establish, manage and monitor the records or files assigned to the Chambre nationale des huissiers de justice under law. ";
(b) in paragraph 3, the words "and 22 °" are replaced by the words ", 22 °, 23 ° and 24 °".
S.
124. at article 635 of the same Code, restored by Act of 17 May 2006 and the existing text will be paragraph 1, the following changes are made: 1 ° in the paragraph 1, paragraph 1, "the condemned" shall be replaced by the words "those sentenced to one or more custodial sentences";
2 ° article is supplemented by paragraphs 2 and 3 worded as follows: "§ § 2 2" Except the exceptions provided by the King, the detainees fall under the competence of the Board of social protection of the Court of the application sentences located within the jurisdiction of the Court of appeal in which is located the statement or judgement Court which ordered the internment.
If the internments were ordained in different jurisdictions, jurisdiction is vested in the Board of social protection of the tribunal of the enforcement of sentences of the spring where the oldest active internment was pronounced, provided that the interned person had not yet been released outright.
However, if for one interned, the Board of social protection of the tribunal of the enforcement of sentences considers, exceptionally, it appropriate to transfer jurisdiction to another Chamber of social protection of the tribunal of the enforcement of sentences, it takes a motivated decision with the assent of the other Chamber of social protection for the enforcement of sentences Court made within fifteen days.
§ 3. The House of social protection of the tribunal of the enforcement of sentences which, pursuant to the § 1, is responsible for persons sentenced to one or more custodial sentences, is competent for the procedure referred to in title Vbis of the detention Act of May 5, 2014. "."
S. 125 article 786 of the Code, the following changes are made: 1 ° in paragraph 2, second sentence, the words "the president of justices of the peace and judges at the Court of police and in the boroughs of Brussels and Eupen by" shall be inserted between the words "certified by" and the words "the president of the Court of first instance";
2 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: "In regards to the justices of the peace and the police of the Brussels judicial district court judges, the minutes is certified by the president of the Court of first instance francophone or Flemish depending on the language of the diploma of licensee, or master of law which they are carrying.".
S. 126. in article 1389bis/6, paragraph 2, of the same Code, inserted by the Act of May 29, 2000, the words "and any other file or registry created by the Chambre nationale des huissiers de justice under law" are inserted between the words "referred to in article 1389bis/8" and the words"communication".
S.
127. in article 1394/20 of the same Code inserted by the law of October 19, 2015, 2 ° is supplemented by the words "or in a database of companies of 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 for coordination, equivalent ", the safeguards which are required by the Member States of companies within the meaning of article 48, second subparagraph, of the Treaty, to protect the interests of members and third parties whose equivalence with the Crossroads Bank for enterprises is established by the King".
S.
128. in article 1394/21, paragraph 2, of the same Code, inserted by the law of October 19, 2015, 5 ° is completed by the words "or in a company of other European Member States data bank which has been declared equivalent to the Crossroads Bank for enterprises in accordance with article 1394/20, 2 °".
CHAPTER 8. -Modification du Code civil art. 129. at article 1317 of the civil Code, as amended by the law of March 11, 2003, the following changes are made: 1 ° in paragraph 2, the words "by law or" shall be inserted between the words "conditions" and the words "by the King";
2 ° article is supplemented by two paragraphs worded as follows: "without prejudice to the conditions

referred to in section 2, a qualified electronic signature as referred to in article 4, § 4, of the law of 9 July 2001 laying down certain rules for the legal framework for electronic signatures and certification services meets the requirements of a signature for authentic acts drawn up, received or served in form dematerialized by a public official.
The quality of the signatory is still able to be verified by a genuine database in accordance with the law. "."
CHAPTER 9. -Amendments to the law of July 10, 2006 on the procedure by electronic arts. 130. in the law of July 10, 2006 on the procedure by electronic means, are repealed: 1 ° in article 2, 3 °;
2 ° article 4, as amended by the Act of May 12, 2014;
3 ° article 7;
(4) section 9;
5 ° article 10, as amended by the Act of May 12, 2014;
6 ° article 31, as amended by the Act of April 25, 2014;
7 ° article 34, as amended by the Act of May 12, 2014;
8 ° article 36, as amended by the Act of May 12, 2014.
CHAPTER 10. -Amendments to the law of 5 August 2006 amending certain provisions of the Judicial Code for the procedure by electronic arts. 131. in the law of 5 August 2006 amending certain provisions of the Judicial Code for the procedure by electronic means, are repealed: 1 ° article 5, as amended by the law of May 8, 2014;
2 ° article 6;
3 ° article 7, a), b) and (d)).
CHAPTER 11. -Amendments to the law of January 31, 2007, on the Court and on training the judicial training Institute art. 132. in article 2, 2 ° Act January 31, 2007, on the Court and on training the judicial training Institute, the words "enforcement of sentences" are replaced by the words "the Court of the application of punishments".
S. 133. in article 11, § 1, paragraph 3, 1 °, of the same Act, replaced by the Act of April 25, 2014, 'the presidents of courts of appeal' shall be replaced by the words "the College of the courts and tribunals".
S. 134. in article 27 of the same Act, replaced by the Act of April 25, 2014, the following changes are made: a) in paragraph 1, the word "twenty" is replaced by the word "twenty-two";
(b) in paragraph 3, 1 °, the words "the presidents of the courts of appeal" are replaced by the words "the College of the courts and tribunals";
(c) a paragraph worded as follows 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, belonging to the francophone linguistic role, other Dutch-speaking linguistic role, including one presented by the College of the Crown and the other by the College of the courts and tribunals.".
CHAPTER 12. -Amendment of the law of 25 April 2007 amending the Judicial Code, including provisions relating to judicial personnel of level A, clerks and Secretaries as well as provisions relating to judicial organization art.
135. article 183 of the law of 25 April 2007 amending the Judicial Code, including provisions relating to judicial personnel level, clerks and Secretaries as well as provisions relating to judicial organization is replaced by the following: 'article 183. the staff members covered for ten years to a former Deputy Registrar, Assistant Secretary, clerk grade Assistant principal or principal, or a new grade of Clerk Assistant Secretary or Secretary, shall be exempt from the achievement of the first two series of tests in accordance with article 279 of the Judicial Code during a term of ten years from the date of entry into force of this Act. "."
CHAPTER 13. -Amendments to the law of 1 December 2013 on the reform of the judicial districts and amending the Judicial Code to enhance the mobility of members of the judiciary article
136. article 158/1 of the law of 1 December 2013 on the reform of the judicial districts and amending the Judicial Code to enhance the mobility of members of the judiciary, inserted by the law of March 21, 2014, is repealed.
S. 137. article 158/2 of the same Act, inserted by the law of March 21, 2014, is replaced by the following: 'article 158/2. The former chief clerks office at the Court of first instance, the commercial court, the Labour Court, the Court of police and the justices of the peace in the District of Eupen judicial assist the Chief Clerk of the courts.
They retain their treatment as well as the rank of Chief Registrar personally. "."
S. 138. article 159/1 of the Act, inserted by the law of March 21, 2014, is repealed.
CHAPTER 14. -Amendment of the law of April 4, 2014, reforming the procedure of complaints to the Board of Governors of the art Justice. 139. in article 2 of the law of April 4, 2014, reforming the procedure for complaints to the Higher Council of Justice, which replaces article 259a-15 of the Judicial Code, the following changes are made: a) in paragraph 1, paragraph 1 is replaced by the following: "any interested person can introduce without charge, from the commissions opinion and investigation , a complaint concerning the functioning of the judiciary, including the behavior of members and members of the staff of the judiciary as well as people who fill a mission under the control of these members, with the exception of members of the judiciary referred to in the second part, book Ier, title VI, chapter (Vbis). ";
(b) in paragraph 1, subparagraph 3 is repealed;
(c) in paragraph 2, paragraph 1 is replaced by the following: "opinion and investigative committees decide on the admissibility of the complaint.";
(d) in paragraph 4, 1st paragraph is replaced by two paragraphs worded as follows: "the commissions opinion and investigative record declared admissible complaint and address it for the purposes of the commanding officer or his superior treatment which they deem appropriate for the deal. They shall inform, at the same time, the complainant.
By way of derogation from paragraph 1, the complaint is not communicated to the commanding officer or his supervisor when opinion and investigative commissions consider it manifestly unfounded or when they feel that they are best able to deal with it. ";
(e) in paragraph 6, paragraph 1, the words ", the commanding officer or the superior hierarchical" shall be inserted between the words "when commissions inquiry and notice" and the words "receive a complaint";
(f) there shall be inserted a paragraph 6/1 as follows: "§ 6/1. By way of derogation from paragraph 2, the Chief of corps which receives a complaint concerning the functioning of its judicial entity to decide on the admissibility of the complaint in accordance with paragraph 2.
The complainant may appeal against the decision of inadmissibility of the complaint of the commissions opinion and investigation dealing with the complaint in accordance with paragraphs 2 to 6.
If the complaint is directed against the head of body with which it was filed, powers attributed to audit Chief of corps under this article will be exercised by the superior hierarchical thereof. ";
(g) paragraph 8 is supplemented by a paragraph as follows: "opinion and investigative commissions control compliance by heads of bodies of the obligations imposed by this article and execution orders referred by it.".
CHAPTER 15. -Amendment of the Act of April 10, 2014, amending the Judicial Code, the law of 25 April 2007 amending the Judicial Code, including provisions relating to judicial level personnel has, clerks and Secretaries as well as provisions relating to judicial organization, amending the law of 10 April 2003 regulating the abolition of military tribunals in peacetime as well as keeping them in time of war and amending the Act of 31 January 2007 on the judicial training and setting up of the judicial training Institute art. 140. in article 56 of the Act of April 10, 2014, amending the Judicial Code, the law of 25 April 2007 amending the Judicial Code, including provisions relating to judicial staff, clerks and Secretaries as well as provisions relating to judicial organization, amending the law of 10 April 2003 regulating the abolition of military tribunals in peacetime as well as keeping them in time of war and amending the law of 31 January
2007 on training judicial and on creation of the judicial training Institute, the words "with the exception of article 42, which has effect from the date of October 1, 2002" are replaced by the words "except for article 41 which produces its effects from the date of January 10, 2005".
CHAPTER 16. -Amendments to the Act of April 10, 2014, amending certain provisions of the Judicial Code to establish a new monetary career for judicial personnel and a system of mandates for the chief clerks and Chief Secretaries s. 141 in the Dutch text of article 42 of the Act of April 10, 2014, amending certain provisions of the Judicial Code to establish a new career money for judicial personnel and a system of mandates for the chief clerks and Chief Secretaries, the words "of als hoofdsecretaris" are inserted between the words "als hoofdgriffier" and the words "en hetzelfde artikel 160" , § 8, derde lid, "."
S. 142 A section 63 of the Act, the following amendments are made: 1 °

in paragraph 1, the words 'by way of derogation from article"are replaced by the words"by way of derogation from articles";
2 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: 'by way of derogation from article 366ter of the Judicial Code and article 63 of the royal decree of 10 November 2006 on the status, career and status pecuniary judicial personnel, the staff member who is contractual for the entry into force of this Act and who is appointed later intern in the same grade or the same class , retains, in the case where his new salary would be less high, his former treatment until what it got in the new salary scale attached to his rank or class, at least equal, and treatment without prejudice to article 367bis, paragraphs 2 and 5, of the Judicial Code, article 47 of the royal decree of November 10, 2006 bearing status , career and financial status of judicial personnel and subparagraphs 1 and 2 of this article. "."
CHAPTER 17. -Amendments to the Act of May 5, 2014 the confinement of persons art. 143. in the heading of the internment of persons act of May 5, 2014, the words "of persons" are repealed.
S. 144. in section 3 of the Act, the following amendments are made: a) 1 is repealed.
((b) 2 ° is replaced by the following: "2 ° the Director: official responsible for local management of a prison or local management of an institution or a section of social defence organized by the federal authority, or his delegate;" c) 3 ° is replaced by the following: "3 ° care Manager: the person responsible for care in an institution referred to in 4 °" (("(, c) and d), or his delegate;" d) at 4 ° a), 'section' shall be replaced by the words "Annex";
e) at 4 °, d), the words "cooperation agreement" are replaced by the words "agreement the placement";
(f) to 5 °, 'cooperation agreement' shall be replaced by the words "agreement the placement", the words "one or more institutions" by the words "one or more establishments referred to 4 ° d)", and the text Dutch words "instelling of instellingen" by the words "inrichting of inrichtingen" and the word "instellingen" by the word "inrichtingen";
(g) the 5 ° is supplemented by the words: "and, where appropriate, the financial support from the federal Government for costs related to security.";
(h) the 7 ° is replaced by the following: "7 ° welfare judge: the President of the Chamber of social protection;";
(i) to 9 °, paragraph 1, the words "or heard"are replaced by the words"and heard or to impose conditions in its interest for the granting of the implementing rules".
((j) to 9 °, paragraph 1, there shall be inserted a letter f), as follows: "f) individual who expressed his wish to be informed, to be heard as a victim or to impose conditions in its interest for the granting of the implementing rules after the internment was ordered by a Court of instruction regarding offences committed in respect.";
(k) in 9 °, paragraph 2, the words "(c)(, d) and e)" are replaced by the words "(c)(, d), e) and (f))" and "the judge of internment" shall be replaced by the words "the judge of social protection";
(l) the 10 ° is repealed;
(m) the 11 ° is replaced by the following: "11 ° order of cabinet: a decision of the judge of social protection, without notice or appearance of the parties.".
S. 145 A article 4 of the Act, the following amendments are made: 1 ° in paragraph 1 the words "(c)(, d) and e)," are replaced by the words "(c)(, d), e) (and f),";
2 ° in paragraph 1, the words "judge internment near the Court of the application of punishments" are replaced by the words "judge of social protection";
3 ° in paragraph 3, the words "judge internment" are replaced by the words "judge of social protection";
4 ° in paragraph 4, the words "judge internment" are replaced by the words "judge of social protection".
S.
146. article 5 of the Act, as amended by the Act of February 1, 2016, is replaced by the following: 'article 5 § 1. When there are reasons to consider that a person is in a situation referred to in article 9, the Prosecutor, the investigating judge as well as the courts statement or judgement ordered a psychiatric forensic to determine, at least: 1 ° if, at the time of the facts, the person was suffering from a mental disorder which has abolished or severely impaired his ability of discernment or control of his actions and if , at the time, the person was suffering from a mental disorder which has abolished or severely impaired his ability of discernment or control his actions;
2 ° if there is a possibility of causal link between mental disorder and the facts.
3 ° If, because of mental disorder, if 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, followed by, cared for and in what way, for their reintegration in society;
5 ° If, where prevention would focus on the matters referred to in articles 371/1-378 of the Criminal Code, or on facts referred to in articles 379-387 of the same Code, committed against minors or with their participation, it is necessary to impose a guidance or specialist treatment.
§ 2. Forensic psychiatric expertise is carried out under the supervision and responsibility of an expert, holder of a professional title of forensic psychiatrist, which satisfies the conditions laid down under the coordinated the exercise of health professions act of May 10, 2015.
Expertise may also be performed in college or with the assistance of other experts in behavioural sciences, always under the guidance of the supra expert.
§ 3. From its findings, the expert wrote a detailed report, in accordance with the model laid down by the King.
The applicant body may, if it considers it necessary, request an update of the expertise.
§ 4. Without prejudice to the possibility for the applicant body to proceed with new expertise in accordance with the provisions of this Act, expertise started before the entry into force of the Ministerial Decree of 28 October 2015 laying down the special criteria for approval of carrying medical specialists of the specific professional title in forensic psychiatry, as well as masters of internship and traineeship services remain valid.
§ 5. The expert perceives a fee, fixed in accordance with the rate set for the psychotherapeutic treatment of a psychiatrist certified in the nomenclature of health benefits, in accordance with the procedures laid down by the King.
S. 147. at article 6 of the Act, the following amendments are made: 1 ° 1st paragraph, paragraph 1, is replaced by the following: "§ 1."
When there is reason to believe that a person detained under the Act of 20 July 1990 on pre-trial detention is located in a State referred to in article 9 and the expert indicates in its report that a forensic with quarantine Psychiatry expertise is required to pronounce on the matters referred to in article 5, § 1 the investigating judge and the courts statement or judgement may order that the accused be the subject of such expertise.
This decision is likely to no recourse. ";
2 ° paragraph 1, paragraph 2, is replaced by the following: "in this case, the accused is transferred for placement under observation at the secure clinical observation centre created by the King. The King determines the number of places in this centre. ";
3 ° in paragraph 2, the words "in a psychiatric prison section" or in the secure clinical observation centre established by the King are repealed.
S.
148. at article 7, paragraph 1, of the Act, the following amendments are made: 1 ° the words "a person of trust"are replaced by the words "a doctor of his choice";
2 ° the words "doctor or psychologist" and the words "doctor or psychologist" are replaced by the words "care provider";
3 ° the words "or by counsel" shall be replaced by the words "and by a lawyer".
S. 149 A section 8 of the Act, the following amendments are made: 1 ° "to the Council", "Council" and "the Council" shall whenever respectively be replaced by the words "counsel", "counsel" and "of counsel";
2 ° in paragraph 2, paragraph 1, the words ', on pain of nullity, "are repealed;
3 ° in paragraph 2, paragraph 2, the words ', on pain of nullity, "are repealed;
4 ° paragraph 2 is supplemented by a paragraph worded as follows: "the report of the expert is valid unless it is signed and if the oath has been taken.".
S. 150. article 9, § 1, of the Act is replaced by the following: "§ 1." Courts of instruction, unless it is a crime or an offence regarded as a crime policy or as a press offence, with the exception of press offences inspired by racism or xenophobia, and the courts may order the detention of a person: 1 ° who has committed a felony or a misdemeanour prejudicial to or threatening physical or psychic of third and 2 ° integrity which at the time of the decision, is suffering from a mental disorder that abolishes or alters severely its ability of discernment or control his actions and 3 ° for which there is a danger that it will commit new facts such as

referred to in 1 ° because of his mental disorder, possibly combined with other risk factors.
The examining court or the trial court appreciates way motivated if the fact has infringed or threatened physical or psychic party integrity. "."
S. 151. at article 10 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words "when the courts statement or judgement intern the accused or the accused, even though it is not or more detained" are replaced by the words "when the courts statement or judgement Internet person, while he is not or more detained";
2 ° in the paragraph 1, the words "the accused or the accused attempts" are replaced by the words "the accused, the accused or the accused tent";
3 ° in the paragraph 1, the words "the accused or the accused is a danger" are replaced by the words "the person concerned represents a danger".
4 ° in paragraph 2, the words "The accused or the accused and his counsel" shall be replaced by the words "the accused, the accused or the accused and his lawyer".
S. 152 A section 11 of the Act, the following amendments are made: 1 the words "the accused or the accused" shall be replaced by the words "the accused, the accused or the accused";
2 ° the words "an accused or an accused" are repealed.
S.
153. in article 12 of the Act, the words "an accused or an accused" are replaced by the words "a suspect, an accused or an accused".
S. 154. at article 13 of the Act, the following amendments are made: 1 ° in the paragraph 1, paragraph 1, the word "tips" is replaced by the word "lawyers";
2 ° in the paragraph 1, paragraph 2, the word "yet" is repealed;
3 ° in paragraph 2, paragraph 1, the words "and counsel" shall be inserted between the words "The accused" and the words "and the civil party";
4 ° in paragraph 3, paragraph 2, the words "of counsel" are each time replaced by the words "a lawyer".
S. 155a article 14 of the Act, the following amendments are made: 1 ° in the paragraph 1, paragraph 1, the words "187, 188 and 208" are replaced by the words "187 and 208";
2 ° in the paragraphs 1 and 2, the words "the Council" are each time replaced by the words "their lawyer".
S. 156. in article 15 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "at this time" are inserted between the words "if it appears" and the words "discussions to";
2 ° in paragraph 1, the word "Council" is replaced by the word "counsel";
3 in paragraph 1, the phrase "Is the constant that the accused is suffering from a mental disorder which abolishes or seriously impairs its ability of discernment or control of his actions" is supplemented by the words "referred to in article 9, § 1, 1 °";
4 ° in the § 2, paragraph 1, the figure "334" is replaced by "343".
S. 157. at article 16 of the Act, the following amendments are made: 1 ° the "ordained" Word is replaced by the word "made";
2 ° the words "the accused or the accused is sentenced" are replaced by the words "the accused, the accused or the accused is sentenced".
S. 158 A section 17 of the Act, as amended by the Act of February 1, 2016, the following changes are made: 1 ° in paragraph 1, the words 'a period of one year to twenty years' are replaced by the words "the duration of the detention";
2 ° paragraph 2, paragraph 1, is repealed.
3 ° in the paragraph 2, subparagraph 2, which becomes the single paragraph, the words 'Produced in addition prohibition' shall be replaced by the words 'ban product';
4 ° paragraph 3 is repealed.
S. 159. in article 19, paragraph 2, of the Act, the words "b) and (c))" shall be replaced by the words "()(, c) and (d))".
S.
160. in article 20, § 1, of the Act, the words 'or prison"are repealed.
S.
161. in article 21, § 1, of the Act, the following amendments are made: 1 the words 'or prison"are repealed;
2 ° the word "seven" is replaced by "fourteen".
S. 162. in article 22 of the Act, the following amendments are made: has) in the 1st paragraph, which the current text will form the paragraph 1, the following changes are made: 1 ° in the introductory sentence, the words "at each stage" shall be replaced by the words "at any time";
2 ° in 1 °, b), the word "serious" is repealed;
3 2 ° ° is replaced by the following: "2 ° the interned person gave its assent to the conditions that may be attached to the permission of exit or leave under articles 36 and 37;";
4 3 ° ° is repealed;
(b) article is supplemented by a paragraph 2 as follows: "§ § 2 2" Courtesy of exit may be accompanied accompaniment by a trustworthy person.
If not possible the accompaniment by a trustworthy person, courtesy of output may contain accompaniment by a member of the staff of the establishment, in consultation with said facility and its agreement. "."
S.
163. in title IV, chapter I, section II, subsection II of the Act, it is inserted an article 22/1 as follows: "article 22/1. Courtesy of exit referred to in article 20, § 2, 3 °, and leave may not be granted if it is a notice of the Aliens Office that the interned person is not authorized or entitled to stay in the Kingdom. "."
S. 164. at article 23, § 1, of the Act, the following changes are made: 1 ° the words "a decision" are replaced by the words "of the decision"; ""
2 ° the "fourteen" Word is replaced by the word "sixteen".
3 ° the words 'or prison"are repealed.
S.
165. in article 24 of the same Act, the words "a decision" are replaced by the words "the decision".
S. 166. in article 26 of the same Act, amended by the Act of February 1, 2016, the following changes are made: a) in paragraph 1, first sentence, the words "at any time of internment" are inserted between the words "to the test may" and the words "be granted";
(b) of 1 °, has), is supplemented by the words "taking into account the mental disorder";
c) b) is repealed.
((d) in the c), the word "serious" is repealed;
e) f) is repealed;
((f) to the g), 'the patrimonial situation of the interned person' shall be replaced by the words "its assets".
S. 167. article 27 of the Act is replaced by the following: 'article 27 limited detention, electronic monitoring and the release to the test can not be granted if it is a notice of the Aliens Office that the interned person is not authorized or entitled to stay in the Kingdom. "."
S. 168A section 28 of the Act, the following amendments are made: 1 ° the first three sentences of paragraph 1 are replaced by the following sentences: "§ 1."
The release early for removal from the territory or to delivery is a term relating to an interned person for which a final decision was made establishing that it lacks a right of residence in Belgium, which is at the disposal of a foreign jurisdiction or who has expressed his 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 1, 1 °, the word "housing" is replaced by the word "hosting".
3 paragraph 1 °, 2 °, is repealed;
4 ° in paragraph 1, 3 °, the word "serious" is repealed;
5 paragraph 1 °, 5 °, 'the patrimonial situation of the interned person' shall be replaced by the words "its assets".
S.
169 A section 29 of the Act, the following amendments are made: 1 ° 1st paragraph, paragraph 1, is replaced by the following: "§ 1." The Crown enters the House of welfare to designate the institution where the internment must be run, or to the granting of another execution modality, in the two months following the judgment or the cessation of internment in force of res judicata, as provided for in articles 20, 21, 23, 24, 25 and "28;
2 ° in paragraph 2, subparagraph 2, the sentence "the criminal case which gave rise to the internment is attached to this mail." is repealed;
3 ° in the paragraph 1, paragraph 3, the words 'service of the houses of justice' shall be replaced by the words 'competent service of the communities';
4 ° paragraph 1, paragraph 3, is supplemented by the following sentence: "the relevant Department of communities communicate victim records established the Crown.";
5 ° in paragraph 3, paragraphs 3 and 4 shall be replaced as follows: "(the Crown complete the dossier by a report of the Director to which is attached the report of the psychosocial service, if the interned person stays in a facility referred to in article 3, 4 ° (a) and (b)), by a report from the head of the care if the person confined has been placed in a facility referred to in article 3" ((, 4 °, c) and (d)), or by a short information report or a social survey of the competent authorities of the communities if the interned person is released. If this is necessary for the preparation of its opinion on the provision of the implementing rules referred to in articles 20, § 2, 1 ° and 3 °, 21, 23, 24 and 25, the Director or person in charge of care can load the competent service of the communities to write a short information report or to conduct a social investigation, to obtain the necessary information on the home environment in which the execution modality will be executed.
The report of the Director or the person responsible for the care contains a notice concerning the target elements in the § 1, paragraph 1. ";
6 °

in paragraph 3, paragraph 5 is repealed;
7 ° paragraphs 4 and 5 are replaced by the following: "§ § 4 4" The interned person and his counsel and, where appropriate, the victim shall be informed by registered letter; the Director, if the interned person stays in a facility referred to in article 3, 4 ° a) and b), and the head of care if the interned person was placed in a facility referred to in article 3, 4 ° c) and d), are informed in writing of the day, time and place of hearing.
§ 5. The folder is required, at least ten days before the date fixed for the hearing, at the disposal of the interned person and his lawyer for consultation at the registry of the Court of the application of the penalties or the Registrar of the institution where the interned person stays.
The interned person may, at his request, a copy of the folder. Counsel for the interned person may, at his request, a copy of the folder.
On the advice of the psychiatrist of the establishment or the attending psychiatrist, welfare judge may, by a reasoned order, refuse the person confined to access his file or a portion of his record and a copy if clearly this access can seriously harm his health. "."
S. 170 A section 30 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "(the House of social protection means the interned person and his counsel, the Crown, the Director, if the interned person stays in a facility referred to in article 3, 4 ° (a) and (b)), and the head of care, if the interned person stays in a facility referred to in article 3" ((, 4 °, c) and (d)). ";
2 ° in paragraph 3, the words "or the head of care" shall be inserted between the words "the Director" and the words "explain on this occasion".
3 ° the word 'Council' is every time replaced by the word "lawyer".
S. 171. in article 32 of the Act, paragraph (2) is repealed.
S. 172. article 34 of the Act is replaced by the following: 'article 34. the social protection board decides either placement, where appropriate accompanied by the granting of a permission to exit, leave or detention limited to granting an electronic surveillance or the granting of release to the test, is the granting of released early for removal from the territory or to surrender.
These implementing rules may be subject to individualized conditions, referred to in article 37. The House of social protection is pronounced also on the lifting, the modification or the accuracy of the security measures imposed in accordance with article 17 "."
S. 173. article 35 of the Act is replaced by the following: 'article 35. If the Board of social protection takes a decision of placement or transfer, it determines also in what the interned person shall be transferred. ((The establishment was chosen from among the institutions referred to in article 3, 4 °, b), c) and (d)). "."
S.
174. Article 36 of the same Act, the following changes are made: has) the introductory sentence is replaced by the following: "the judgment for the granting of a permission to exit, leave, limited detention, electronic monitoring, a discharge test or an early release to the remoteness of the territory or to the precise discount interned person shall be subject to the following general conditions" :";
(b) to 2 °, the words "fixed address" shall be replaced by the words "permanent residence" and the words "in the wizard of justice" are replaced by the words "to the competent service of the communities"; ""
(c) at the 3 ° "in the wizard of justice' shall be replaced by the words" the competent service of the communities';
(d) article is supplemented by a 4 ° as follows: "4 ° for provisional release to the remoteness of the territory, required to leave actually the territory and the prohibition of return to Belgium during the trial period without being in good standing with the legislation and regulations on access to the territory, residence or establishment in the Kingdom and without the prior permission of the House of welfare.".
S. 175 A section 37 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words "care circuit" are replaced by the words "journey of care";
2 ° in the paragraph 1, the words "in articles 34 and 36" are replaced by the words "article 34".
3 ° paragraph (2) is repealed.
S.
176. in article 40, paragraph 2, of the Act, the words: "(l'avis d'expertise prévu par l'article 5, § 1er, 4°, b), or a notice of the service or the person specializing in diagnostic expertise of sexual offenders, as provided for in article 48, § 1, 7 °, ultimately" are replaced by the words "notice of expertise referred to in article 5, § 1, 5 °, or a notice of the service or the person specializing in diagnostic expertise of sex offenders" referred to in article 47, § 2, paragraph 2, "."
S. 177 A section 41 of the Act, the following amendments are made: 1 ° in the paragraph 1, paragraph 2, the words "the wizard of justice or, where appropriate, the national electronic surveillance Centre are replaced by the words"the competent service of the communities, where appropriate, the competent service for electronic monitoring,";
2 ° in paragraph 2, it fits between the word "determines" and the words "the number of days of leave"the words", in accordance with article 21, § 1,";
3 ° in operative paragraph 3, the words "of limited detention or" are repealed and the words "the Court of the application of punishments" are replaced by the words 'the Chamber of social protection'.
4 ° paragraph 4, subparagraphs 1, 2 and 3, is replaced by the following: "fifteen days before the end of the period laid down in paragraph 3, the Chamber of social protection is pronounced on the extension of electronic surveillance, or the conversion of electronic surveillance in another modality of execution.
The interned person and his counsel so that the victim will be informed by letter of the place, day and time of the hearing.
The folder is required, at least ten days before the date fixed for the hearing, at the disposal of the interned person and his lawyer for consultation at the registry of the Court of the application of the penalties. ";
5 ° in paragraph 4, paragraph 5 is replaced by the following: "On the advice of the psychiatrist of the establishment or of the psychiatrist, welfare judge may, by a reasoned order, refuse the person confined to access his file or a portion of his record and a copy if clearly this access can seriously harm his health.";
6 ° in operative paragraph 5, paragraph 1, the words ", the Director, if the interned person is limited detention" are repealed;
7 ° in paragraph 4, paragraph 4, the words 'The Council' shall be replaced by the words "Counsel" and in paragraph 5, paragraphs 1 and 2, the word 'Council' is every time replaced by the word "advocate";
8 ° in operative paragraph 5, paragraph 3, the phrase "the Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim." shall be replaced by the sentence "the Crown says on this occasion the conditions contained in its opinion in the interests of the victim.";
9 ° in paragraph 5, paragraph 4, the word "Council" shall be replaced by the word "counsel";
10 ° in paragraph 5, a paragraph worded as follows is inserted between paragraphs 4 and 5: "the House of social protection may decide to hear also others.";
11 ° in paragraphs 6 and 7, the words "the Court of the application of punishments" are each time replaced by the words 'the Chamber of social protection'.
S. 178. in article 42 of the Act, the following amendments are made: 1) in paragraph 1, the words "a renewable period of two years" shall be replaced by the words "a period of three years, each time renewable for a period of up to two years";
2 ° in paragraph 2, the words 'automatically freed permanently after two years, in accordance with articles 72 and 75' are replaced by the words "definitively liberated from right after six years, from the execution of the judgment";
3 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3" Test release is granted on the condition to reside in a residential facility, all the decisions to the fact of leaving the facility are taken by the head of the institution. "."
S.
179. article 43, paragraph 1, of the Act, is replaced by the following: "(Si la chambre de protection sociale ordonne un placement, elle fixe dans son jugement quand le directeur, si la personne internée a été placée dans un établissement visé à l'article 3, 4°, b), or the head of care, if the interned person was placed in a facility referred to in article 3" ((, 4 °, c) and (d)), shall make a notice. "."
S. 180 A section 44 of the Act, the following amendments are made: 1 ° 1st paragraph, paragraph 1, is replaced by the following: "§ 1." The judgment or order is notified within a period of one working day, by registered letter, to the interned person and his lawyer, and door in writing to the attention of the Crown, the Director, if the interned person stays in a facility referred to in article 3, 4 ° a) and b), the head of care, if the interned person has been placed in a facility referred to in article 3 ((, 4 °, c) and (d)), or of the competent authorities of the communities,

If the interned person is released. ";
2 ° in paragraph 2 (2), the words "article 44/4" shall be replaced by the words "article 44/2 '';
3 ° in the paragraph 2, 3, the words "the Director of the House of justice" shall be replaced by the words "the competent service of the communities";
4 ° in paragraph 2, 4 °, the words "the national Centre of electronic surveillance" are replaced by the words "the competent service in electronic surveillance".
S. 181. article 45 of the same Act is supplemented by the words "or any other time".
S. 182. at section 46 of the Act, the following amendments are made: 1 ° in paragraph 2, paragraph 1, the words "legal fold" shall be replaced by the word "letter" and the word "Council" by the word "counsel";
2 ° paragraph 2, subparagraph 2, is replaced by the following: "(Le directeur, si la personne internée séjourne dans un établissement visé à l'article 3, 4°, a) (and)(, et le responsable deles de soins, si la personne internée a été placée dans un établissement visé à l'article 3, 4°, c) and (d)) and where ecleant the victim, are informed in writing of the day" , time and place of the hearing. "."
S.
183. article 47 of the Act is replaced by the following: 'article 47 § 1.
The Director or person in charge of care, depending on the facility where the interned person stays, address an opinion to the registry of the Court of the application of punishments at the time referred to in article 43, after having heard the interned person.
§ 2. The opinion of the Director or the person responsible for the care provides a multidisciplinary psychiatric and psychosocial report update and a proposal motivated for the granting or refusal of the transfer and the modalities laid down in articles 20, 21, 23 to 25 and 28 and, where appropriate, the particular conditions that it considers necessary to impose internal. If this is necessary for the preparation of its opinion on the provision of the implementing rules referred to in articles 20, § 2, 3 °, 21 and 23 to 25, the Director or person in charge of care can load the competent service of the communities to write a short information report or to conduct a social investigation, to obtain the necessary information on the home environment in which the execution modality will be executed.
If the person concerned has been detained for acts referred to in articles 371/1-378 of the Criminal Code or for acts referred to in articles 379-387 of the same Code, if they have been committed on minors or with their participation, the opinion of the Director or the person responsible for the care contains also the reasoned opinion assessing the need to impose a guidance or treatment and which is written by a service or a person specializing in diagnostic expertise sexual offenders.
§ 3. A copy of the notice of the Director or the person responsible for care is addressed to the Crown, the interned person and counsel of the interned person. On the advice of the psychiatrist of the establishment or the psychiatrist, welfare judge may, by a reasoned order, refuse the issuance of the copy to the person confined if this can obviously seriously harm her health. "."
S. 184. article 48 of the Act, as amended by the Act of February 1, 2016, is replaced by the following: 'article 48. the registry of the Court of the application of the sentences complete the record, established in accordance with article 29, paragraph 3 by the following: 1 ° if applicable, a recent copy of the nut plug;
2 ° a recent extract from the judicial record;
3 ° the opinion of the Director or the person responsible for the care;
(4) where appropriate, a recent report by the competent service of the communities;
5 ° where appropriate, the Declaration (s) of victim and the new sheets victim. "."
S. 185. article 49 of the Act is replaced by the following: 'article 49. in the month of receipt of the notice by the Director or the person responsible for the care, the Crown wrote a reasoned opinion, transmits it to the registry of the Court of enforcement penalties and furnishes a copy of it to the Director or the person responsible for the care. The registry of the Court of enforcement penalties shall communicate a copy of the opinion of the Crown counsel of the interned person and the institutionalized person, unless on the advice of the psychiatrist of the establishment or the psychiatrist, it is denied to it, by a substantiated order, to access his file or a portion of his record and a copy if this access can obviously seriously harm his health. "."
S.
186A section 50 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words "(de l'établissement ou dele de médecin en chef de l'établissement àle sens de l'article 3, 4°, b), c) and (d))" shall be replaced by the words "or the head of care";
2 ° in paragraph 2, the words "during the hearing" are replaced by the words "in writing prior to the hearing or file the notice in writing at the hearing".
S. 187. at section 51 of the Act, the following amendments are made: 1 ° in the 1st paragraph, 'service of the houses of justice' shall be replaced by the words "competent service of the communities" and the sentence "the content of this report summary information and this social survey is fixed by 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".
S. 188. article 53 of the Act is replaced by the following: 'article
53 § 1. By way of derogation from the procedure laid down in articles 47 to 51, a cabinet order may be taken into emergency concerning a request for permission to exit referred to in article 20 § 2, 1 ° and 2 °.
In this case, articles 36, 37, 38, 44, §§ 1 and 2, 45 and, where appropriate, 46 remain applicable.
§ 2. The Crown, the Director or the head of care, depending on the facility where the interned person is placed, or the interned person and his lawyer address for this purpose a written request to the judge of social protection; It is included in a register specially kept for the purpose in the registry of the Court of enforcement of sentences.
Where appropriate, welfare judge may collect additional information necessary to make its decision by the fastest way.
§ 3. The order is taken within five working days, the parties shall be summoned without debate, after registration in the above registry. If additional information is collected, this period may be extended to seven working days.
The gate clerk order to the knowledge of the public prosecutor, the applicant, the interned person and counsel, the Director or the responsible care and/or the victim by means of communication written fastest within 24 hours.
This order is likely no recourse. "."
S. 189 A section 54 of the Act, the following amendments are made: 1 ° paragraphs 1 and 2 shall be replaced by the following: "§ 1." In an emergency, the House of social protection takes, by reasoned order, a decision concerning an application for transfer of the interned person, permission to exit as referred in article 20, § 2, 3 °, leave, limited detention, electronic monitoring, for release testing and released early for removal from the territory or to surrender.
§ 2. An application in accordance with paragraph 1 may be lodged by the public prosecutor, by the Director or the head of care, depending on the institution where the person is placed, or the interned person and his lawyer. ";
2 ° paragraph 3 is supplemented by a paragraph worded as follows: "where appropriate, Chamber of social protection may collect additional information necessary to make its decision by the fastest way.";
3 ° paragraph 4, paragraph 1, is supplemented by the following sentence: "If additional information is collected, this period may be extended to seven working days.";
4 ° paragraph 4, paragraph 3 is replaced by the following: "the gate clerk Ordinance to the knowledge of the public prosecutor, the interned person and his counsel, the Director or the person responsible for the care and, where appropriate, the victim, by means of communication written fastest within 24 hours after the order.";
5 ° paragraph 5, paragraph 1, is replaced by the following: "the Crown and counsel for the interned person may file opposition to this order within five working days following the notification.";
6 ° in operative paragraph 6, paragraph 1, the words "of one or several parties" are repealed.
S.
190. article 55 of the Act is replaced by the following: 'article 55. in the case of a transfer for medical reasons of an institutionalized person to a prison surgical centre, a hospital, the Director or the head of care, depending on the facility where the interned person stays, shall immediately inform, by means of the fastest written communication, the House of social protection which, if necessary, can act in accordance with section 54 for the duration of the treatment. "."
S.
191. in article 56, paragraph 1, of the Act, "in a federal institution to another federal institution" shall be replaced by the words "(dans un établissement visé à l'article 3, 4°, a) (b) (to another establishment referred to in article 3, 4 ° a) and b)".
S.
192. at article 57 of the Act, the following amendments are made: 1 ° in paragraph 2, paragraph 1, first sentence, the words "Chief Medical Officer of the institution

shall report to the House of social protection on the course placement or permission to release granted at determined intervals' shall be replaced by the words "responsible for the fact care report in the House of social protection on the course placement or permission to exit";
2 ° in paragraph 2, paragraph 1, second sentence, "Chief Medical Officer of the institution" shall be replaced by the words "care manager";
3 ° in paragraph 2, paragraph 2, the words "Chief Medical Officer of the institution" are replaced by the words "care manager";
4 ° in paragraph 3, paragraph 1, the words 'service of the houses of justice' shall be replaced by the words 'competent service of the communities';
5 ° in paragraph 3, paragraph 2, the words "the institution" are replaced by the words "or the head of care, depending on the facility where the interned person stays.";
6 ° in paragraph 4, the words 'the service of the houses of justice' shall be replaced by the words "the competent service of the communities, where appropriate, the competent service for electronic monitoring,";
7 ° in operative paragraph 5, paragraph 1, the words "in the wizard of justice" are replaced by the words "the competent service of the communities';
8 ° in paragraph 5, paragraph 2, the words "interested" are each time replaced by the words "the person confined";
9 ° paragraph 5, paragraph 2, is supplemented by the words "or herself";
10 ° paragraph 6 is repealed.
S. 193a section 58 of the Act, the following amendments are made: 1 ° in the paragraph 1, paragraph 1, "Chief Medical Officer of the institution" shall be replaced by the words "responsible care" and the word "Council" by the word "counsel";
2 ° in paragraph 1, paragraphs 2 and 3, the words "the House of social protection" are each time be replaced by the words "of the Court of the application of the penalties";
3 in paragraph 2, paragraph 1, the word "Council" is replaced by the word "lawyer" and the words "Chief Medical Officer of the institution" by the words "care manager";
4 ° in paragraph 3, paragraph 1, the words "the House of justice" are replaced by the words "the relevant Department of communities, where appropriate the competent electronic surveillance";
5 °, paragraph 3, subparagraph 2 is repealed;
6 ° in paragraph 4, paragraphs 1 and 3, the word "Council" is every time replaced by the word "advocate";
7 ° in paragraph 4, paragraph 2, the words 'The Council' shall be replaced by the words "Counsel";
8 ° in paragraph 4, paragraph 3, the words "or the head of care" shall be inserted between the words "the Director" and the words "explain on this occasion";
9 ° in operative paragraph 5, paragraph 1, the words "legal fold" shall be replaced by the word "letter";
10 ° in operative paragraph 5, paragraph 1, the words "within 24 hours" are replaced by the words "within a period of one working day".
11 ° in operative paragraph 5, paragraph 1, the words "Chief Medical Officer of the institution" are replaced by the words "care manager";
12 ° in operative paragraph 5, paragraph 1, the word "Council" is replaced by the word "counsel";
13 ° in operative paragraph 5, paragraph 1, the words "the Director of the House of justice" shall be replaced by the words "the competent service of the communities, where appropriate, the competent authority for electronic surveillance".
S.
194. in the title of chapter IV of title IV of the Act, the number "19" is repealed.
S.
195. in article 59, the following changes are made: has) in the 1 ° "a final decision" shall be replaced by the words "a judgment or a judgment passed";
(b) in 1 °, the words 'referred to in article 9, § 1, 1 °,' shall be inserted between the words "or a crime" and the words "during the";
(c) in the 4th, "from the wizard of justice' shall be replaced by the words" the competent service of the communities';
(d) in the 5th, "to the wizard of justice' shall be replaced by the words" 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 there"and the words"reason to believe";
(f) is added to article 8 ° as follows: "8 ° if, after the grant of an early release to the remoteness of the territory or remission, the interned person fails or refuses to leave actually the territory, does not cooperate to its remoteness, does not cooperate in his identification to obtain a travel document or returns without the authorization of the Board of social protection referred to in article 36" , 4°. ".
S. 196 A section 60 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "in an institution" are replaced by the words "(dans un établissement visé à l'article 3, 4°, b), c) and (d));"
2 °, paragraph 2 is replaced by the following: "§ § 2 2" Revocation of a term, the House of social protection fixed in accordance with article 43 when the Director or person in charge of care, depending on the facility where the interned person is placed, must issue a new notice. "."
S. 197. in article 61, paragraph 2, of the Act, the words "placed in an institution" are replaced by the words "(hospitalisée dans un établissement visé à l'article 3, 4°, a) (,)(, c) and (d))".
S. 198. in article 62, § 1, of the Act, the number "19", is hereby repealed.
S. 199. article 63 of the Act is repealed.
S.
200A section 64 of the Act, the following amendments are made: 1 ° in the paragraph 1, paragraph 3, the words "legal fold" shall be replaced by the word "letter";
2 ° in the paragraph 1, paragraph 3, the word "Council" is replaced by the word "counsel";
3 °, paragraph 2 is replaced by the following: "§ § 2 2" The folder is required, for at least four days before the date fixed for the hearing, at the disposal of the interned person and his lawyer for consultation at the registry of the Court of the application of the penalties or the Registrar of the institution where the interned stays.
The interned person and his counsel may, at their request, obtain a copy of the folder.
On advice of the psychiatrist of the establishment or the psychiatrist, welfare judge may, by a reasoned order, refuse the person confined to access his file or a portion of his record and a copy if this access can obviously seriously harm his health. ";
4 ° in paragraph 3, paragraph 3, the words "non-compliance" shall be inserted between the words "review" and the words "these conditions" and the sentence "the Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim." is repealed;
5 ° in operative paragraph 5, paragraph 1, the words "within 24 hours, by legal fold' are replaced by the words"within a period of one working day, by registered letter"and the words" the House of justice"by the words"by the competent service of the communities, where appropriate, the competent authority for electronic surveillance";
6 ° in paragraphs 3 and 5, the word "Council" is every time replaced by the word "lawyer".
S. 201a section 65 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "If the interned person seriously endangers physical or psychic of third parties, the Prosecutor of the district in which the interned person is or the public prosecutor the competent court of the enforcement of sentences may order provisional arrest to load immediately give notice to the House of competent social protection and, where appropriate, to the public prosecutor. ";
2 ° the following subparagraph is inserted between paragraphs 1 and 2: "(L'arrestation provisoire est exécutée dans un établissement visé à l'article 3, 4°, a).";
3 ° in paragraph 2, which becomes paragraph 3, the words "the House of justice" are replaced by the words "the relevant Department of communities, where appropriate the competent electronic surveillance" and the word 'Council' is replaced by the word "lawyer".
S.
202. in article 66 of the same Act, b) is replaced as follows: "b) provided that the mental disorder is sufficiently stabilized so that there is reasonably more fear because of his mental disorder or not, in conjunction possibly with other risk factors, the interned person will again commit crimes set out in article 9, § 1" , 1°. ".
S. 203 A section 67 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "§ 1." Three months before the end of the test period to which the release to test is subject pursuant to article 42 § 1, the competent authority of the communities communicates in the welfare House a final report, of which a copy is forwarded to the public prosecutor.
Two months before the end of the test period, the Crown wrote a reasoned opinion, address at the registry of the Court of enforcement of sentences and furnishes a copy of the interned person and his counsel. If the public prosecutor deems it necessary to assess if 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 test period, the House of social protection to decide on the final release.
If the House of social protection

execution of new forensic psychiatric expertise that meets the requirements of article 5, § 2, 7 and 8, the test period is automatically extended four months. ';
2 ° in paragraph 2, the words "legal fold" shall be replaced by the word "letter";
3 ° in paragraph 3, the word "four" is replaced by the word "ten";
4 ° in paragraphs 2 and 3, the word "Council" is every time replaced by the word "advocate";
5 ° paragraph 4 is hereby repealed.
S. 204 A section 68 of the Act, the following amendments are made: 1 ° paragraph 3 is replaced by the following: "the victim is present at the hearing the time required for the assessment of the conditions imposed in its interest." The victim may submit observations. ";
2 ° the word 'Council' is every time replaced by the word "lawyer".
S.
205. in article 72 of the Act, the words "The decision" are replaced by the words "the judgment passed in res judicata".
S. 206. article 73 of the Act is replaced by the following: 'article 73. If the Board of welfare grants not the final release, it may extend the time to test the release to the test under the same conditions as previously or with conditions adapted, without however strengthen or impose additional, for a duration of two years at most, each time renewable. "."
S. 207 A section 75 of the Act, the following amendments are made: 1 ° in the paragraph 1, paragraph 1, the words 'twenty-four hours by legal fold' are replaced by the words "a period of one working day by registered letter";
2 ° in the paragraph 1, paragraph 1, the words "or the head of care" shall be inserted between the words "the Director"and"If the interned person";
3 ° in the paragraph 1, paragraph 1, the words "the House of justice" are replaced by the words "by the competent Department of the communities if the interned person is free";
4 ° in paragraph 2 (2), the words "article 44/4" shall be replaced by the words "article 44/2 '';
5 ° 2, 3 ° paragraph, is replaced by the following: "3 ° where appropriate, the competent authority of the communities responsible for the guidance".
S.
208 A section 76 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "the provisions of this Act apply to a person who suffers and a deprivation of liberty and detention.";
2 ° paragraph 2 is replaced as follows: "(Par dérogation à l'article 19, la personne qui subit et une peine privative de liberté et un internement est placée dans un établissement visé à l'article 3, 4°, b) or (c))." If it reaches the date of eligibility for parole as referred to in article 25 of the law of 17 May 2006 relating to the legal status external persons sentenced to deprivation of liberty and the rights of the victim under the modalities of execution of the sentence, it can also be placed in a facility referred to in article 3 , 4°, d).
3 ° article is supplemented by a paragraph worded as follows: "(Pour l'application de la loi précitée, la durée dele de séjour dans un établissement visé à l'article 3, 4°, a) (, b)(, ou c), is assimilated to detention.".
S.
209 A section 77 of the Act, the following amendments are made: 1 ° in the article, which the current text will form the 1st paragraph, 1st indent, the words "and release to test" are replaced by the words ", a release to the test and a provisional release to the remoteness of the territory or of delivery,";
2 ° article is supplemented by paragraphs 2 and 3 worded as follows: "§ § 2 2" At the time where the duration of the release exceeds the timeout event whereby the person, if she suffered only a custodial sentence would be submitted 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 of the victim in the context of the implementing of sentencing the person concerned is definitively released ipso jure with respect to convictions.
§ 3. If the mental condition of the person concerned is sufficiently improved before it meets the conditions of time to benefit from the release to the test laid down in accordance with paragraph 1, the House of social protection may decide, for the implementation of the internment, a final release in accordance with the procedure laid down in article 77/9, §§ 1 to 9.
If a final release decision is taken for the detention part, the execution of the penalty of deprivation of freedom continues in prison. The provisions of the aforementioned law shall apply from that point on. "."
S. 210. in the Act, it is inserted title Vbis entitled "the internment of convicts".
S. 211. in the title Vbis, inserted by article 208, it is inserted a chapter 1, entitled "from the decision of internment".
S. 212. in Chapter 1, inserted by article 211, there is inserted an article 77/1 as follows: "article 77/1. § 1. The convicted person who is the subject of at least a conviction for a crime or an offence referred to in article 9, § 1, 1 °, with the prison psychiatrist finds, during detention, a mental disorder with a sustainable character that abolishes or alters seriously its ability of discernment or control of his actions and is likely to commit new offences , as referred to in article 9, § 1, 1 °, due to his mental disorder, may be interned at the request of the Director, by the House of competent social protection.
§
2. If a State referred to in paragraph 1 is found in this person, the Director writes a notice of detention.
To prepare its opinion, the Director is a folder containing: 1 ° a copy of the form of nut;
2 ° a copy of judgments and decisions;
3 ° an extract from the judicial record;
4 ° the presentation of facts for which he has been convicted;
5 ° the report of prison psychiatrist;
6 ° a recent report of the psycho-social service of the prison.
§ 3. The Director shall transmit the file to the House of social protection and the registry provide a copy of the Crown, the convicted person and his lawyer. The House of social protection immediately ordered forensic psychiatric expertise that meets the requirements of articles 5, § 2, 3 ° and 4 °, 7 and 8.
The House of social protection may decide that the sentenced person will be put under observation. In this case, the convicted person is transferred to the secure clinical observation centre established by the King. Placement under observation may not exceed two months.
§ 4. Within one month of receipt of the expert's report, the public prosecutor wrote a reasoned opinion, sends it to the House of social protection and in copy to the convicted person, his lawyer and the Director. "."
S.
213. in the same chapter 1, inserted a section 77/2 as follows: "article
77/2. § 1. The House of welfare examines the folder at the first useful hearing following receipt of the opinion of the public prosecutor. This hearing is held no later than two months after receipt of the expert's report. If the Crown does not notice communicate within the time limit laid down in article 77/1, § 4, it makes his opinion verbally at the hearing.
The convicted person and his lawyer are informed by registered letter and the Director in writing of the place, day and time of the hearing.
§ 2. The folder is required, at least ten days before the date fixed for the hearing, at the disposal of the convicted person and his lawyer for consultation at the office of the prison where the convict serving his sentence. The convicted person may, at his request, a copy of the folder.
The lawyer of the convicted person may, at his request, a copy of the folder. "."
S. 214. in the same chapter 1, it is inserted an article 77/3 as follows: "article
77/3. The House of social protection means the convicted person and his lawyer, the Crown and the Director.
The convicted appearing in person.
The House of social protection may decide to hear other persons also.
The hearing takes place behind closed doors. "."
S. 215. in the same chapter 1, it is inserted an article 77/4 as follows: "article 77/4. The House of social protection can deliver once the examination of the record at a later hearing, unless this hearing can take place more than two months after the. "."
S. 216. in the same chapter 1, inserted a section 77/5 as follows: "article
77/5. The House of social protection takes a decision within fourteen days of deliberation in the folder layout.
If the House of welfare pronounces the internment of the convicted person, it refers to the psychiatric annex to the prison where the convicted person will be transferred pending the acquisition of force considered judgment.
Within a period of one working day, judgment is brought to the knowledge of the person concerned and his lawyer and the victim by registered letter and the public prosecutor and the Director of the institution in writing. "."
S. 217. in the title Vbis, inserted by article 210, it is inserted a chapter 2 "of the appeal".
S. 218. in Chapter 2, inserted by article 217 article be inserted a 77/6 worded as follows: "article 77/6. § 1.
The judgment of the House of social protection is subject to appeal by the public prosecutor and the convicted person before the Criminal Chamber of the Court of appeal.
§ 2. An appeal must be brought within a period of fifteen days, which begins to run, for the Crown, from the day of judgment, and for the condemned from the day of notification.
The notice of appeal

is made in the registry of the Court of the application of punishments, which shall forward it without delay to the registry of the Court of appeal, who immediately enrolled in the register of appeals. "."
S. 219. in the same chapter 2, it is inserted an article 77/7 as follows: "article 77/7. § 1.
The examination of the case takes place at the first useful hearing of the Criminal Chamber of the Court of appeal.
The record was held for at least four days before the date fixed for the hearing, at the disposal of the convicted person and his lawyer for consultation at the office of the prison where the convict serving his sentence.
§ 2. The Criminal Chamber of the Court of Appeal hears the prisoner and his lawyer as well as the Director.
The convicted appearing in person.
It may decide to hear other persons also.
§ 3. The hearing is held in camera.
§
4. The house disposes of the appeal no later than within 15 days following the date of the appeal.
§
5. Within one business day, the decision is communicated to the convicted person and his lawyer and the victim by registered letter and the Crown in writing. "."
S. 220. in the title Vbis, inserted by article 210, it is inserted a chapter 3 'of the internment of the condemned internal management".
S. 221. in Chapter 3, inserted by article 220 article be inserted a 77/8 as follows: "article 77/8. § 1. (The provisions of this Act apply to the internal condemned, on the understanding that the internal condemned cannot be put in an institution referred to in article 3, 4 ° b) or c), appointed by the Board of social protection. If it reaches the date of eligibility for parole as referred to in article 25 of the law of 17 May 2006 relating to the legal status external persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing rules of the penalty, it can also be placed in a facility referred to in article 3 , 4°, d).
§ 2. The granting of a permission to exit, leave, limited detention, electronic monitoring, a test release or release in view of the remoteness of the territory or remission is possible if weather conditions referred to in articles 4, 7, 23, § 1, 25 or 26 of the aforementioned law of May 17, 2006.
In the case of release to the test, the time limit to be fixed by the Board of social protection may be less than the test period whereby the person, if she only suffered a deprivation of liberty would be submitted in accordance with article 71 of the Act of 17 May 2006.
§ 3. For the purposes of the Act on 17 May 2006, the duration of the stay in a facility referred to in article 3, 4 ° a), b), or c), is deemed to be detention. "."
S.
222. in the same chapter 3, it is inserted article 77/9 as follows: "article 77/9.
§ 1. If, before the internal convict has fulfilled the conditions of time to benefit from the release to the test laid down in accordance with article 77/8, § 2, the Director or the care manager considers, on the basis of a medical opinion that the mental condition of the internal convict has sufficiently improved, it addressed a request for waiver, together with the medical opinion in the House of social protection.
The registry of the Court of the application of punishments transmits the request and the medical report to the public prosecutor as well as internally and his lawyer within one business day.
§ 2. Within one month of receipt of the request, the Crown wrote a reasoned opinion, transmits it to the House of social protection and copy the convicted person, his lawyer and the Director or responsible for care.
§ 3. The House of welfare examines the folder at the first useful hearing following receipt of the opinion of the public prosecutor. This hearing is held no later than two months after receipt of the request for waiver of the internment. If the Crown does not notice communicate within the deadline stipulated in § 2, he filed his notice in writing at the hearing.
The convicted person and his lawyer are informed by registered letter and the Director or the person responsible for care in writing of the place, day and time of the hearing.
§ 4. The folder is required, at least ten days before the date fixed for the hearing, at the disposal of the convicted person and his lawyer for consultation at the registry of the establishment where the condemned stays. The convicted person may, at his request, a copy of the folder. The lawyer of the convicted person may, at his request, a copy of the folder.
§
5. If it considers it necessary, the House of social protection requires a new forensic psychiatric expertise that meets the conditions of articles 5, § 2, 3 ° and 4 °, 7 and 8.
§
6. The House of social protection means the convicted person and his lawyer, the Crown and the Director or the responsible for the care.
The convicted appearing in person.
The House of social protection may decide to hear other persons also.
The hearing is held in camera.
§
7. The House of social protection may postpone once consideration of the folder at a later hearing, unless this hearing can take place more than two months after the.
§ 8. The House of social protection takes a decision within fourteen days of deliberation in the folder layout.
If the Board of social protection considers that internment is most appropriate, it throws the internment and ordered the return of the convicted person in prison, unless the convicted person at the time of the lifting of the detention, suffered all his deprivation of liberty.
Within a period of one working day, judgment is brought to the attention of the internal prisoner and his lawyer by registered letter and the public prosecutor and the Director or responsible for care in writing.
§ 9. This decision is likely to no remedy.
§ 10. If the mental condition of the internal condemned is not sufficiently improved at the end of sentences, this Act continues to apply to the internal condemned. "."
S. 223. article 78 of the Act is replaced by the following: 'article
78. the decisions of the Board of social protection relating to the granting, refusal or revocation of limited detention, electronic monitoring, the release to the test, for the early release to the remoteness of the territory or of delivery and to the revision of the specific conditions relating to the above terms, the final release and the decision of confinement of a convicted person in accordance with article 77/5 , are likely to appeal to the Supreme Court by the public prosecutor and the counsel of the interned person. "."
S. 224. in section 79 of the Act, the § 1, paragraph 1, cancelled by the decision No. 22/2016 of the Constitutional Court is replaced by a paragraph worded as follows: "§ 1." The Crown and counsel for the person confined, if applicable the convict, appealed to the Supreme Court within a period of five days from the notification of the judgment. "."
S. 225. in section 80 of the Act, the words "or another court of the application of punishments" are repealed.
S. 226. in article 81 of the Act, the word "Council" is every time replaced by the word "lawyer".
S.
227. in Title VII, Chapter 1, it is inserted an article 81/1 as follows: "article 81/1. The House of social protection keeps informed of the status of the interned person and may for this purpose go to the place of internment or entrust this task to one or more of its members. '. "
S. 228. article 83 of the Act is replaced by the following: 'article
83. in each jurisdiction of Court of appeal, it is designated a coordinator "external care circuit". The coordinators "external care circuit" develop within their jurisdiction of Court of appeal all initiatives that improve the reception of the detainees and to promote collaboration between the Justice and the care sector".
S. 229 A section 84 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "cooperation agreement" shall be replaced by the words "agreement the placement";
2 °, paragraph 2 is replaced by the following: "§ § 2 2" The costs of the necessary medical care to persons who are interned and placed in a facility referred to in article 3, 4 °, are borne by the federal State. The King fixed the nature of the non-medical and the conditions of their support by the federal State in the event of placement in an institution referred to in article 3, 4 °, d). "."
S.
230. article 85 of the Act is repealed.
S. 231. in section 87 of the Act, the words "or seriously altered" are repealed.
S. 232. in section 89 of the Act, which replaces article 590, 4 ° of the Code of criminal procedure, the words "articles 9, 25, § 1, 28, 59 and 66 of the Act of May 5, 2014 the internment of persons, as well as the security measures accessories in application of article 17 of the above-mentioned law" shall be replaced by the words "of the detention Act of May 5, 2014".
S. 233 A section 90 of the Act, which inserts article 603bis in the Code of criminal procedure, the following changes are made: 1 the words "or forensic psychiatric centers" are repealed;
2 ° paragraph (2), is repealed.
S. 234. in Title VII, chapter II, of the Act, it is inserted a section III/bis entitled "Amendment of the electoral Code".
S. 235. in section III/bis, inserted by article 234 article be inserted a 90/1, as follows: "article 90/1. In article 7 of the electoral Code, the following changes are made: a) 1 °, replaced by the

law of January 21, 2013, the words "the provisions of chapters I to VI of the Act of April 9, 1930, of social defence against abnormal, habitual offenders and perpetrators of certain sexual offences, replaced by article 1 of the Act of 1 July 1964" are replaced by the words "of the law of 5 may 2014 relating to internment".
(b) 3 ° is repealed. "."
S. 236. in the same chapter II, it is inserted an IIIter section entitled 'Amendment of order royal No. 236, on 20 January 1936 simplifying certain forms of criminal proceedings in respect of detainees'.
S. 237. in the section IIIter, inserted by article 236 article be inserted a 90/2 as follows: "article 90/2. In article 1 of order royal No. 236 of 20 January 1936 simplifying certain forms of criminal procedure regarding the detainees, amended by the law of December 19, 2014, the words "(le directeur d'un établissement visé à l'article 3, 4°, c) and d) of the detention Act of May 5, 2014" shall be inserted between the words "or adviser-Director of the reformatory prison" and the words "or the Director of a community centre".
S.
238. in the same chapter II, section IV, containing the articles 91 to 119, is repealed.
S.
239. in section 120 of the Act, which complements article 162 of the Code of registration fees, mortgage and registry by a 48 °, the words "detention" are each time replaced by the words "social protection".
S. 240. article 121 of the Act is replaced by the following: "A the article 23A, paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of May 17, 2006 and amended by the law of December 15, 2013, the following changes are made: 1 ° paragraph is supplemented by the words"or according to the language in which the judgment was given or the oldest judgment ordering the internment.";"
2 ° the words "or article 3, 9 °, of the detention Act of May 5, 2014" shall be inserted between the words "modalities of execution of the sentence" and the words ", which appears".
S. 241. in articles 122, 123, 125, 126 and 130 to 132 of the Act, the words "of persons" are each time removed.
S.
242. in Title VII, chapter II, of the Act, it is inserted a Xbis section entitled "Amendment of the Act's principles of 12 January 2005 on the prison administration and the legal status of prisoners".
S. 243. in the section Xbis, inserted by article 242 article be inserted a 130/1, as follows: "article 130/1. In article 2 of the Act's principles of 12 January 2005 on the prison administration and the legal status of the detainees, the following changes are made: a) in 2 °, the words "as well as the internment of recidivists, offenders usually and some sexual offenders placed at the disposal of the Government, ordered by the Minister of Justice under article 25 bis of the Act of April 9, 1930 against the abnormal social defence habitual offenders and certain sexual offenders"are repealed;
(b) in 3 ° the words "in articles 7 and 21 of the Act of April 9, 1930, of social defence against the abnormal, usually and certain sexual offenders offenders"are replaced by the words "on basis of the law of 5 mei 2014 relating to internment".".
S.
244. in the same chapter II, it is inserted a Xter section entitled "Amendments to the law of 8 June 2006 adjusting economic activities with weapons".
S. 245. in the Xter section, inserted by article 244 article be inserted a 130/2, as follows: "article 130/2.
In articles 5, § 4, 1 °, and 11, § 3, 4 °, of the law of 8 June 2006 adjusting economic and individual activities with weapons the words "Act of April 9, 1930, of social defence of respect of abnormal, criminals of habit and authors of certain sexual offences"are replaced by the words "the Act of May 5, 2014 internment"."."
S. 246. in article 131, which replaces Chapter 4, which contains section 19 of the Act of April 10, 2014 amending various provisions to establish a national register of judicial experts and establishing a national register of translators, interpreters and translators-interpreters jurors, 2 °, is replaced by the following: "2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2" : "It was only in cases and in the manner laid down in article 991decies of the Judicial Code that psychiatric expertise may be carried out under the leadership and responsibility of a psychiatrist not holder of the professional title of forensic psychiatrist.".
S. 247. article 133 of the Act is repealed.
S. 248. article 134 of the Act is replaced by the following: 'article 134. subject to the application of article 135, § 4, the provisions of this Act apply to all ongoing cases. "."
S. 249 A article 135 of the Act, the following amendments are made: 1 ° in paragraph 2, the words 'of this article' shall be replaced by the words "of this Act";
2 ° in paragraph 2, the word "two" shall be replaced by the word "three";
3 ° paragraph 3, subparagraph 2 is replaced by the following: "articles 77/8 and 77/9 apply to the internal row. By way of derogation from article 77/8, § 1, the investment decisions in the establishments referred to in article 3, 4 °, d), taken before the entry into force of this Act, continue to be valid.
The decisions granting of execution modalities, taken prior to the entry into force of this Act by the social defence committees remain valid after the entry into force thereof. ";
4 ° a 3/1 paragraph worded as follows is added: "§ 3/1. For people who are both of a sentence of detention at the time of the entry into force of this Act, the Director shall formulate an opinion in the House of social protection within six months of the entry into force of this Act for the appointment of the establishment in which will take place the detention and the possible granting of implementing. ";
5 °, paragraph 4 is replaced by the following: "§ § 4 4" The Director or person in charge of care prepares, pursuant to section 47, a notice, no earlier than four months and no later than six months after the entry into force of this Act.
If no notice was issued six months after the entry into force of this Act, the Crown enters the House of social protection. ';
6 ° in operative paragraph 5, the words "for one year" are repealed;
7 ° paragraph 5 is replaced by the following: "§ § 5 5" Internees who, at the time of the entry into force of this Act, are placed in an establishment that is not recognized by the competent authority or with which no agreement concerning the placement was concluded, may remain placed after the entry into force of this Act, unless the Board of welfare decides placement in an approved establishment.
During this placement, these institutions are required to the same obligations that the institutions referred to in article 3, 4 °, d).
Article 84 shall apply to these institutions. ';
8 ° in operative paragraph 6, the word "deleted" is repealed;
9 ° in operative paragraph 6, the words "continued to operate" are replaced by the words "remains competent".
10 ° in paragraph 7, "judge internment" shall each time be replaced by the words "judge of social protection".
S. 250. in article 136 of the Act, as last amended by the law of February 5, 2016, the words 'July 1, 2016' are replaced by '1 October 2016'.
CHAPTER 18.
-Provisions transitional art. 251. articles 42, 52, 53, 55, 57, 60-68, 70-77, 80, 83 and 84 apply only to proceedings initiated after their entry into force.
S. 252. the Fellows of seat or the public prosecutor at the Court of cassation which have been designated on the basis of the legislation in force before the entry into force of this Act are deemed to have been appointed jointly by the first president of the Supreme Court and the Attorney general at the Court of cassation and may sit in disciplinary as assessor jurisdictions with regard to the judges of the Court of cassation as magistrates of the public prosecutor at the Court of cassation of the same linguistic role.
S. 253 mandates Assistant of "afdelingsvoorzitter het Hof van Cassatie" are automatically converted to Deputy mandates of ' sectievoorzitter in het Hof van Cassatie '.
S. 254. the examinations organized or ongoing organization at the time of the entry into force of this section for the recruitment of the assessors in specialized rehabilitation enforcement, full and alternate, shall be assimilated to the examinations organised for recruitment, the assessors in enforcement of sentences and detention specializing in rehabilitation, full and alternate, pursuant to article 196bis of the Judicial Code as amended by this Act.
The success of the review remains valid only for the spring of the Court of appeal for which this examination was organized.
S. 255. the persons appointed as assessor in penal enforcement specialised in social reintegration, staff or Deputy, at the time of the entry into force of this section, are appointed to office as an assessor in accordance with sentences and detention specializing in effective social reintegration or substitute for the remainder of their mandate.
S.

256. by way of derogation from article 259sexies, § 2, paragraph 2 of the Judicial Code as amended by this Act, the judges in the Court of enforcement penalties and specializing in enforcement of sentences the Prosecutor substitutes appointed for an initial period of four years at the time of the entry into force of this section, are with their consent appointed for a second period of four years respectively on favourable opinion of the first President of the Court of appeal and the president of the Court of first instance of the seat of the Court of appeal or of the Attorney general at the Court of appeal and the Prosecutor near the Court of first instance of the seat of the Court of appeal.
S.
257. by way of derogation from article 196ter, § 2, paragraph 2 of the Judicial Code as amended by this Act, the assessors to the tribunal of the enforcement of sentences, and alternates, appointed for an initial period of four years at the time of the entry into force of this section, are with their consent appointed for a second period of four years, on favourable opinion of the president of the Court of first instance of the seat of the Court of appeal and the president of the Chamber of the Court of enforcement of sentences in which the assessor seat.
Evaluation of assessors to the Court of the application of the penalties to which the term of office is due to expire within 6 months following the entry into force of this section, continues to be governed by the provisions in force before the entry into force of article 196quater as amended by this Act.
S. 258. the members of staff of penitentiary institutions responsible of the secretariats of the commissions of social defence before the entry into force of this section, may, with their consent, be made available by the registry of the courts for the enforcement of sentences, Secretariat of floors near these courts, or these two services, by the Minister of Justice, for a maximum period of six months taking courses at the date of entry into force of this section.
The staff made available retain earnings, as well as the bonuses and allowances which they enjoyed before being put at the disposal for the duration of the. This remuneration is charged to the budget allocated to the judiciary.
For the duration of their provision, members of staff are granted leave, which is a period of active service. They participate in the advancement in their original service.
S. 259. the chief clerks and Chief Secretaries appointed or designated at the time of the entry into force of article 37 must follow training in budget management and legal costs in the two years following the entry into force of this section.
S.
260. the remedies that have been introduced to the Appeals Board validly composed according to the provisions in force before the entry into force of article 82 continue to be treated before the Appeals Committee composed in accordance with the provisions which were applicable before the entry into force of article 82.
CHAPTER 19. -Entry into force art. 261. article 140 is effective June 10, 2014.
Article 142 is effective July 1, 2014.
Article 89, 5 °, produces its effects on September 1, 2014.
Articles 24, 45, 2 ° and 3 °, 46, e), 47, 55, 9 °, 238, 256, 257 and this section come into force the day of the publication of this Act in the Moniteur belge.
Articles 60 to 68, 70 to 72, 78-80, 111 and 135 come into force July 1, 2016.
Articles 8 to 17, 122, 123, 126 and 129 to 131 come into force on December 31, 2016.
The sections 21 to 23, 26, 27, 2 ° 28, 31, 40, 45, 1, 46, a), b), c), d), f) and (g)), 48, 49, 89, 2 ° and 4 ° 90, 2, 91-93, 95, 97, 99, 102, d), 107, 110, 2 °, 114, 115, 117, a), 124, 132, 254, 255 and 258 shall enter into force on the same date that the law of 5 may 2014 relating to internment.
The King may set dates of entry into force earlier than those referred to in paragraphs 5, 6 and 7.
The King fixed the entry into force of article 52, 10 °.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 4, 2016.
PHILIPPE by the King: the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note House of representatives (www.lachambre.be): Documents: complete record 54-1590: April 28, 2016