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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belgiquelex.be - Carrefour Bank of Legislation

1st FEBRUARY 2016. - An Act to amend various provisions with respect to the stench and voyeurism attack (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 91bis of the Code of Criminal Investigation, restored by the law of 13 April 1995, renumbered by the law of 4 May 1999 and amended by the laws of 28 November 2000, 10 August 2005 and 10 April 2014, the words "372 to" are replaced by the words "371/1 to".
Art. 3. In Article 92, § 1erParagraph 1er the same Code, restored by the law of November 28, 2000, replaced by the law of November 30, 2011 and amended by the law of April 10, 2014, the words "at sections 372" are replaced by the words "at sections 371/1".
Art. 4. In section 190, paragraph 2, of the same Code, inserted by the law of 4 July 1989, the words "on articles 372 to" are replaced by the words "on articles 371/1 to".
Art. 5. In article 629, paragraph 3, of the same Code, replaced by the Act of 8 August 1997, the words "in sections 372 to" are replaced by the words "in sections 371/1 to".
CHAPTER 3. - Amendments to the Criminal Code
Art. 6. In article 34quater, 3°, of the Criminal Code, inserted by the law of April 26, 2007, the words "convictions on the basis of articles 372, 373, paragraphs 2 and 3," are replaced by the words "convictions on the basis of articles 371/1, paragraphs 2 and 3, 372, paragraphs 2 and 3,".
Art. 7. In Book II, Title VII, of the same Code, the title of Chapter V is replaced by the following:
"From voyeurism, from the attack to modesty and rape."
Art. 8. In Book II, Title VII, Chapter V, of the same Code, an article 371/1 is inserted, as follows:
"Art. 371/1. Will be punished by imprisonment from six months to five years anyone who will:
1° observed or observed a person or made or made a visual or audio recording,
- directly or by a technical or other means,
- without the authorization of that person or his knowledge,
- while it was denuded or engaged in explicit sexual activity, and
- when it was in circumstances where it could reasonably consider that it would not be infringed on her privacy;
2° shown, made available or disseminated the visual or audio recording of a person denied or engaged in an explicit sexual activity, without his or her consent or knowledge, even if the person consented to his or her realization.
If these facts have been committed on the person or with the help of the person of a minor over the age of sixteen, the perpetrator shall be sentenced to imprisonment from five years to ten years.
The sentence will be imprisonment for 10 years to 15 years if the minor was under the age of 16 years.
voyeurism exists as soon as there is the beginning of execution.".
Art. 9. In section 373 of the same Code, replaced by the Act of 15 May 1912 and amended by the Acts of 10 July 1996 and 28 November 2000, the following amendments are made:
1st paragraph 1er is replaced as follows:
"It shall be punishable by imprisonment from six months to five years, the stench attack on persons or by the help of persons of either sex, with violence, coercion, threat, surprise or ruse, or which has been made possible because of a disability or physical or mental impairment of the victim. ";
2° in paragraph 2, the words "or using the person" are inserted between the words "on the person" and the words "of a minor".
Art. 10. In article 375, paragraph 2, of the same Code, replaced by the law of 4 July 1989, the words ", threat, surprise" are inserted between the word "contraint" and the words "or ruse".
Art. 11. In section 377 of the same Code, last amended by the Act of 26 November 2011, the following amendments are made:
1° in paragraph 1er, 4e dashes, the words "articles 373, 375 and 376" are replaced by the words "articles 371/1, 373, 375 and 376";
2° in paragraph 2, the words "paragraph 1 of Article 372 and § 2 of Article 373" are replaced by the words "paragraph 2 of Article 371/1, paragraph 1er Article 372, and 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 for in paragraph 1er Article 371/1 and paragraph 1er Article 373";
4° in paragraph 4, the words "paragraph 3 of Article 373" are replaced by the words "paragraph 3 of Article 371/1, paragraph 3 of Article 373";
5° in paragraph 5, the words " § 1er Article 375 is replaced by the words "paragraph 3 of Article 375".
Art. 12. In the opening sentence of article 382bis, paragraph 1er, of the same Code, inserted by the law of 13 April 1995, replaced by the law of 28 November 2000 and amended by the laws of 14 December 2012 and 10 April 2014, the words "at articles 372" are replaced by the words "at articles 371/1".
Art. 13. In article 382quater of the same Code, inserted by the law of 14 December 2012 and amended by the laws of 14 December 2012 and 10 April 2014, the words "at articles 372" are replaced by the words "at articles 371/1".
Art. 14. In article 458bis of the same Code, inserted by the law of 28 November 2000, replaced by the law of 30 November 2011 and amended by the laws of 23 February 2012 and 10 April 2014, the words "at articles 372" are replaced by the words "at 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 10ter, paragraph 1er, 2°, of the law of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure, inserted by the law of 13 April 1995, replaced by the law of 28 November 2000 and amended by the law of 10 April 2014, the words "at articles 372 to" are replaced by the words "at articles 371/1 to".
Art. 16. In article 21, paragraph 1, 2°, second dash, of the same law, inserted by the law of 30 May 1961, last amended by the law of 5 February 2016 amending criminal law and criminal procedure and bringing various provisions in the field of justice, the words "at articles 372 to" are replaced by the words "at articles 371/1 to".
CHAPTER 5. - Amendments to the Law of 9 April 1930 on Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences
Art. 17. In section 20, paragraph 2, of the Act of 9 April 1930 of Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences, inserted by the Act of 28 November 2000 and amended by the Act of 10 April 2014, the words "in sections 372 to" are replaced by the words "in sections 371/1 to".
Art. 18. In section 20bis, paragraph 1 of the Act, inserted by the Act of 13 April 1995, replaced by the Act of 28 November 2000 and amended by the Act of 10 April 2014, the words "at sections 372 to" are replaced by the words "at sections 371/1 to".
CHAPTER 6. - Amendments to the Act of 29 June 1964
concerning suspension, stay and probation
Art. 19. In article 9bis, paragraph 1 of the Act of 29 June 1964 concerning suspension, suspension and probation, inserted by the law of 28 November 2000 and amended by the law of 20 July 2015, the words "at sections 372 to" are replaced by the words "at sections 371/1 to".
CHAPTER 7. - Amendment of the Act of 22 March 1999 relating to DNA identification procedure in criminal matters
Art. 20. In Article 5, § 1er, paragraph 3, 5°, of the Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, replaced by the Act of 7 November 2011, the words "in sections 372 to" are replaced by the words "in sections 371/1 to".
CHAPTER 8. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 21. In Article 25, § 2, (d), the first dash, of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, inserted by the Act of 17 March 2013 and amended by the Act of 10 April 2014, the words "371/1" are inserted between the words "paragraph 2, 352" and the words", 372, 373".
Art. 22. In article 26, § 2, d), the first dash, of the same law, inserted by the law of 17 March 2013 and amended by the law of 10 April 2014, the words "371/1" are inserted between the words "paragraph 2, 352" and the words ", 372, 373". ".
Art. 23. In article 32, paragraph 1er, of the same law, as amended by the law of 27 December 2006, the words "in sections 372 to 378 of the Criminal Code" are replaced by the words "in sections 371/1 to 378 of the Criminal Code".
Art. 24. In section 41 of the Act, amended by the Act of 27 December 2006, the words "in sections 372 to 378 of the Criminal Code" are replaced by the words "in sections 371/1 to 378 of the Criminal Code".
Art. 25. In article 95/3, § 2, paragraph 3, of the same law, inserted by the law of 26 April 2007 and amended by the law of 5 February 2016 amending criminal law and criminal procedure and bringing various provisions in matters of justice, the words "articles 372" are replaced by the words "articles 371/1 to".
Art. 26. In article 95/7, § 2, paragraph 3, of the same law, inserted by the law of 26 April 2007, the words "articles 372" are replaced by the words "articles 371/1, 372".
CHAPTER 9. - Amendment of the Act of 8 June 2006 regulating economic and individual activities with weapons
Art. 27. In Article 5, § 4, 2°, (b), of the Law of 8 June 2006 regulating economic and individual activities with weapons, amended by the Law of 25 June 2008, the words "372 to 377" are replaced by the words "371/1 to 377".
CHAPTER 10. - Amendments to the Act of 5 May 2014
relating to the internment of persons
Art. 28. In Article 5, § 1erParagraph 1er, 4°, b), of the law of May 5, 2014 relating to the internment of persons, the words "at articles 372 to" are replaced by the words "at articles 371/1 to".
Art. 29. In Article 17, § 1er, from the same law, the words "in sections 372 to" are replaced by the words "in sections 371/1 to".
Art. 30. In article 26, 1°, (f), of the same law, the words "at articles 372 to" are replaced by the words "at articles 371/1 to".
Art. 31. In section 40, paragraph 1er, from the same law, the words "in sections 372 to" are replaced by the words "in sections 371/1 to".
Art. 32. In Article 48, § 1er, 7°, of the same law, the words "at articles 372 to" are replaced by the words "at articles 371/1 to".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 1er February 2016.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54,699 (2014/2015)
Full report : January 21, 2016