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Law On The Use Of Videoconferencing For The Attendance Of Indictees In Custody (1)

Original Language Title: Loi relative à l'utilisation de la vidéoconférence pour la comparution d'inculpés en détention préventive (1)

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belgiquelex.be - Carrefour Bank of Legislation

29 JANVIER 2016. - Act respecting the use of videoconferencing for the appearance of defendants in pretrial detention (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Code of Criminal Investigation
Art. 2. In article 127, § 4, paragraph 2, second sentence, of the Code of Criminal Investigation, replaced by the law of 31 May 2005, the words ", by videoconference or not when the accused is in pre-trial detention" are inserted after the word "parties".
Art. 3. Article 135, § 3, of the same Code, last replaced by the Act of 12 March 1998, is supplemented by a paragraph written as follows:
"The Indictment Chamber may decide that the inculcated in pre-trial detention will appear by videoconference. "
Art. 4. Section 136bis of the same Code, inserted by the Act of 20 July 1990, replaced by the Act of 12 March 1998 and amended by the Act of 31 May 2005 and the Act of 5 February 2016 amending criminal law and criminal procedure and bringing various provisions in the field of justice, is supplemented by a paragraph written as follows:
"The Indictment Chamber may decide that the inculcated in pre-trial detention will appear by videoconference. "
Art. 5. Article 235bis, § 4, of the same Code, inserted by the law of 12 March 1998 and amended by the law of 14 December 2012, is supplemented by the following sentence:
"The Indictment Chamber may decide that the inculcated in pre-trial detention will appear by videoconference. "
Art. 6. Article 235ter, § 2, paragraph 3, of the same Code, inserted by the law of 27 December 2005 and amended by the law of 16 January 2009, is supplemented by the following sentence:
"The Indictment Chamber may decide that the inculcated in pre-trial detention will appear by videoconference. "
CHAPTER 3. - Amendments to the Act of 20 July 1990 on preventive detention
Art. 7. In section 23, 2°, of the Act of 20 July 1990 on pre-trial detention, replaced by the Act of 27 December 2012, the words ", by videoconference or not," are inserted between the words "order in person" and the words "at least three days".
Art. 8. Article 30, § 3, paragraph 1erthe same law, as amended by the Act of 27 December 2012, is supplemented by the following sentence:
"The indictment chamber may decide that the accused will appear by videoconference. "
CHAPTER 4. - Implementing provision
Art. 9. The King determines the terms and conditions for the use of videoconference for the appearance of indictments in pre-trial detention.
CHAPTER 5. - Entry into force
Art. 10. This Act comes into force on a date determined by the King and no later than 1er September 2017.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 January 2016.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-993