Act Amending Various Provisions In Relation To The Bombing Assault And Voyeurism (1)

Original Language Title: Loi modifiant diverses dispositions en ce qui concerne l'attentat à la pudeur et le voyeurisme (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016009070&caller=list&article_lang=F&row_id=1&numero=94&pub_date=2016-02-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-02-19 Numac: 2016009070 SERVICE PUBLIC FÉDÉRAL JUSTICE 1 February 2016. -Law amending various provisions in relation to the bombing assault and voyeurism (1) 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 91bis of the Code of criminal procedure, restored by the law of 13 April 1995, renumbered by Act of 4 May 1999 and amended by the acts of 28 November 2000, 10 August 2005 and 10 April 2014, the words "372 to ' shall be replaced by the words" 371/1 to ".
S. 3. in article 92, § 1, paragraph 1 of the same Code, restored by Act of 28 November 2000, replaced by the law of 30 November 2011 and amended by the Act of April 10, 2014, the words "in articles 372" are replaced by the words "in articles 371/1".
S. 4. in article 190, paragraph 2, of the same Code, inserted by the Act of 4 July 1989, the words "on articles 372 to ' shall be replaced by the words" on articles 371/1 to ".
S. 5. in article 629, paragraph 3, of the same Code, replaced by the law of 8 August 1997, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
CHAPTER 3. -Changes of the Code penal Art. 6. in article 34quater, 3 °, of the penal Code, inserted by the Act of April 26, 2007, "the convictions on the basis of articles 372, 373, paragraphs 2 and 3," shall be replaced by the words "the convictions on the basis of articles 371/1, paragraphs 2 and 3, 372, 373, paragraphs 2 and 3,".
S. 7. in book II, title VII of the Code, the title of chapter V is replaced by the following: "voyeurism, the indecent assault and rape".
S. 8. in book II, title VII, chapter V, of the same Code, there shall be inserted an article 371/1, as follows: "article 371/1. Shall be punished by imprisonment from six months to five years who will be: 1 ° observed observes a person will have directed or carried out a Visual or audio recording, - directly or through technical means or otherwise - without the permission of that person or without his knowledge, - while it was naked or engaged in sexual activity explicitly , and - while it was in circumstances where it could reasonably consider that it only would be not infringed his privacy.
2 ° shown, made accessible or broadcast recording Visual or audio of someone naked or engaged in sexual activity explicitly, without his consent or knowledge, even if that person has consented to its realization.
If these facts were committed on the person or the person of a minor over 16 years of age, the guilty will suffer imprisonment from five years to ten years.
The penalty shall be imprisonment from ten to fifteen years, if the minor was aged less than sixteen years of age.
Voyeurism is as soon as there is a commencement of execution. "."
S. 9 article 373 of the Code, replaced by the law of 15 may 1912 and amended by the law of 10 July 1996 and 28 November 2000, the following changes are made: 1 ° 1st paragraph is replaced by the following: "shall be punished by imprisonment from six months to five years, the indecent assault committed on persons or persons of one or the other sex with violence, coercion, threat, surprise or cunning, or which has been made possible because of infirmity or physical or mental the victim's disability. ";
2 ° in paragraph 2, the words "or the person using" shall be inserted between the words "the person" and the words "a minor".
S. 10. in article 375, paragraph 2, of the same Code, replaced by the Act of 4 July 1989, the words ", threat, surprise" are inserted between the word "stress" and the words "or ruse".
S. 11A article 377 of the same Code, as last amended by the Act of November 26, 2011, the following changes are made: 1 ° in the paragraph 1, 4th indent, the words "in articles 373, 375 and 376" are replaced by the words "articles 371/1, 373, 375 and 376";
2 ° in paragraph 2, the words "§ 1 and article 372 § 2 of article 373" are replaced by the words "paragraph 2 of article 371/1, 1st paragraph of article 372, and by paragraph 2 of article 373".
3 ° in paragraph 3, the words "in the case provided for in paragraph 1 of article 373" are replaced by the words "in the cases provided by paragraph 1 of article 371/1 and paragraph 1 of article 373";
4 ° in paragraph 4, the words "paragraph 3 of article 373" are replaced by the words "paragraph 3 of article 371/1, by paragraph 3 of article 373".
5 ° in paragraph 5, the words "the § 1 of article 375" are replaced by the words "paragraph 3 of article 375".
S. 12. in the introductory sentence of article 382bis, paragraph 1, of the same Code, inserted by the Act of 13 April 1995, replaced by the Act of 28 November 2000 and amended by laws of December 14, 2012, 10 April 2014, the words "in articles 372" are replaced by the words "in articles 371/1".
S. 13. in article 382quater of the Code inserted by the law of December 14, 2012 and amended by laws of December 14, 2012 and April 10, 2014, the words "in articles 372" are replaced by the words "in articles 371/1".
S.
14. in article 458bis of the same Code, inserted by the Act of 28 November 2000, replaced by the law of 30 November 2011 and amended by laws of February 23, 2012 and April 10, 2014, the words "in articles 372" are replaced by the words "in articles 371/1".
CHAPTER 4. -Amendments to the Act of 17 April 1878 containing the preliminary title of the Code of criminal procedure art. 15. in article 10B, paragraph 1, 2 °, of the law of 17 April 1878 containing the preliminary of the Code of criminal procedure inserted by the Act of 13 April 1995, replaced by the Act of 28 November 2000 and amended by the Act of April 10, 2014, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
S. 16. in article 21, paragraph 1, 2 °, second indent, of the Act, inserted by the law of 30 May 1961, as last amended by the Act of February 5, 2016 amending criminal law and procedure criminal and various provisions on justice, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
CHAPTER 5. -Amendments to the Act of April 9, 1930, of social defence against the abnormal, habitual offenders and perpetrators of certain sexual offences art. 17. in article 20, paragraph 2, of the Act of April 9, 1930, of social against the abnormal defense, habitual offenders and certain sexual offenders, inserted by the Act of 28 November 2000 and amended by the Act of April 10, 2014, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
S. 18. in article 20A, paragraph 1, of the same Act, inserted by the Act of 13 April 1995, replaced by the Act of 28 November 2000 and amended by the Act of April 10, 2014, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
CHAPTER 6. -Amendments to the law of 29 June 1964 on suspension, the stay and the article probation 19. in article 9A, first paragraph, of the Act of 29 June 1964 on suspension, suspension and probation, inserted by the Act of 28 November 2000 and amended by the law of July 20, 2015, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
CHAPTER 7. -Amendment of the Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters article 20. in article 5, § 1, paragraph 3, 5 °, of Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, replaced by the law of November 7, 2011, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
CHAPTER 8. -Amendments to the law of 17 May 2006 relating to the legal status external in persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing of sentencing s. 21. in article 25, § 2, d), first indent, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and rights to the victim under the modalities of execution of the sentence, inserted by the Act of March 17, 2013 and amended by the Act of April 10, 2014 ", the words" 371/1 "shall be inserted between the words"paragraph 2, 352"and the words", 372, 373".
S. (22. in article 26, § 2, d), first indent, of the Act, inserted by the Act of March 17, 2013 and amended by the Act of April 10, 2014, the words "371/1" shall be inserted between the words "paragraph 2, 352"and the words ", 372, 373".".
S. 23. in article 32, paragraph 1, of the Act, as amended by the Act of 27 December 2006, the words "in articles 372-378 of the Criminal Code" are replaced by the words "in articles 371/1 to 378 of the Criminal Code".
S. 24. in article 41 of the same Act, as amended by the Act of 27 December 2006, the words "in articles 372-378 of the Criminal Code" are replaced by the words "in articles 371/1 to 378 of the Criminal Code".
S. 25. in article 95/3, § 2, paragraph 3, of the Act, inserted by the Act of April 26, 2007, and amended by the Act of 5 February 2016 amending criminal law and procedure criminal and various provisions on justice, 'articles 372' shall be replaced by the words "articles 371/1 to".
S. 26. in article 95/7, § 2, paragraph 3, of the Act, inserted by the Act of April 26, 2007, the words "articles 372" are replaced by the words "articles 371/1, 372".

CHAPTER 9. -Amendment of the law of 8 June 2006 adjusting economic and individual activities with weapons arts. (27. in article 5, § 4, 2 °, b), of the Act of June 8, 2006, setting economic and individual activities with weapons, amended by the Act of June 25, 2008, "372-377" shall be replaced by the words "371/1 in 377".
CHAPTER 10. -Amendments to the Act of May 5, 2014 the confinement of persons art. (28. in article 5, § 1, paragraph 1, 4 °, b), of the Act of May 5, 2014 the internment, the words "articles 372 to" are replaced by the words "articles 371/1 to".
S. 29. in article 17, § 1, of the Act, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
S.
(30. in article 26, 1 °, f), of the Act, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
S. 31. in article 40, paragraph 1, of the Act, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
S.
32. in article 48, § 1, 7 ° of the Act, the words "in articles 372 to" are replaced by the words "in articles 371/1 to".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels February 1, 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 (1) House of representatives (www.lachambre.be) Documents: 54 0699 (2014/2015) full report: January 21, 2016