An Act To Amend The Criminal Law And Procedure Criminal And Various Provisions On Justice

Original Language Title: Loi modifiant le droit pénal et la procédure pénale et portant des dispositions diverses en matière de justice

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016009064&caller=list&article_lang=F&row_id=1&numero=95&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: 2016009064 SERVICE PUBLIC FÉDÉRAL JUSTICE 5 February 2016. -Act to amend the criminal law and procedure criminal and various provisions on justice PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
TITLE 2. -Amendments to the criminal law Chapter 1.
-Changes of the Code penal Art. 2. article 9 of the penal Code, replaced by the Act of 10 July 1996, is complemented by 5 ° as follows: "5 ° thirty to forty years.".
S. 3. article 11 of the same Code, replaced by the Act of 10 July 1996, is supplemented by 5 ° as follows: "5 ° thirty to forty years.".
S. 4. in article 18 of the same Code, replaced by the Act of 23 January 2003, the words "or from thirty to forty years" shall be inserted between the words "twenty to thirty years" and the words "will be printed".
S. 5. in article 19, paragraph 1, of the same Code, replaced by the Act of 23 January 2003, the words ", the detention of twenty to thirty years or fifteen years to twenty years" shall be replaced by the words "or the detention of fifteen to twenty years or for a higher term".
S. 6. in article 25 of the same Code, amended by the law of December 21, 2009, paragraph 5 is replaced by the following: "it is more than twenty-eight years if it is a crime punishable by imprisonment from twenty to thirty years that has been correctionnalisé."
It is thirty-eight years if it is a crime punishable by imprisonment from thirty to forty years which has been correctionnalisé.
It is forty years if it is a crime punishable by life imprisonment, which has been correctionnalisé. "."
S. 7A article 31 of the same Code, as last amended by the Act of March 17, 2013, the following changes are made: 1 ° in the paragraph 1, the words "All judgments of conviction to life imprisonment or to life imprisonment or imprisonment of ten to fifteen years or a higher term" are replaced by the words "all judgments or judgments of conviction to imprisonment or to life imprisonment or imprisonment for a period equal or greater than ten years or to imprisonment of a duration equal or greater than twenty years";
2 ° in paragraph 2, the words "or judgments" are inserted between the words "Stops" and the word "conviction".
S. 8. article 32 of the same Code, as amended by the law of 23 January 2003-April 14, 2009, is replaced by the following: 'article 32. the courts and tribunals may prohibit, in whole or in part, in perpetuity or for ten years to twenty years, the exercise of the rights referred to in article 31 of convicts to life imprisonment of a duration equal to or more than five years but less than ten years, the detention time or imprisonment of a duration equal to or more than 10 years but less than twenty years. "."
S. 9. in article 33 of the same Code, as amended by the law of April 14, 2009, "The courts and tribunals" shall be replaced by the words "subject to the application of articles 31 and 32, the courts and tribunals".
S. 10. in article 33bis of the Code inserted by the law of April 14, 2009, "The courts and tribunals" shall be replaced by the words "subject to the application of articles 31 and 32, the courts and tribunals".
S. 11. in article 34ter from the same Code, inserted by the Act of April 26, 2007, and amended by the Act of April 25, 2014, "to a criminal penalty" shall be replaced by the words "to deprivation of liberty for five years at least".
S.
12. in article 37ter, § 1, of the same Code, inserted by the Act of 17 April 2002, and amended by the law of May 17, 2006, paragraph 2 is replaced by the following: "work penalty may be imposed for the facts: 1 ° which would be punishable if they were abiding by offences, of a maximum penalty of more than 20 years in prison;"
2 ° referred to in articles 375 to 377;
3 ° referred to in articles 379-387, if the offence was committed against minors or minors;
4 ° referred to in articles 393 to 397 "."
S. 13. article 52 of the same Code is supplemented by a paragraph as follows: "attempts to crimes punishable by life imprisonment or detention in perpetuity will be however punishable respectively imprisonment of twenty to thirty years or detention of twenty to thirty years.".
S.
14 article 56 of the same Code, the following changes are made: 1 ° paragraph 3, repealed by Act of April 9, 1930, was re-established in the following wording: "even in the cases referred to in paragraphs 1 and 2, if the offence is a crime which was correctionnalisé or for which the Assize Court has admitted the existence of extenuating circumstances the duration of imprisonment cannot exceed that of the maximum sentence laid down by law for this crime, or forty years if said penalty is life imprisonment. ";
2 ° article is supplemented by a paragraph 4 as follows: "In any case, the sentence may exceed a year's worth of electronic surveillance, three hundred hours of work penalty or two years of autonomous probation sentence.".
S.
15 A article 60 of the same Code, replaced by the law of 1 February 1977 and amended by the Act of 17 April 2002, the following changes are made: 1 ° a sentence is inserted between the first and the second sentence as follows: "the sentence cannot exceed twenty years ' imprisonment, either the highest imprisonment if it is more than twenty years ' imprisonment.";
2 ° in the second sentence, becoming the third, the words "twenty years ' imprisonment or" are repealed.
S. 16. article 69, paragraph 1, of the Code, the following sentence is added: "They will be however punished imprisonment of twenty to thirty years or detention of twenty to thirty years if they were accomplices of a crime punishable by life imprisonment or life imprisonment.".
S. 17. at article 80 of the same Code, replaced by the law of December 11, 2001, the following changes are made: 1 ° 1st paragraph is supplemented by the words "and forty years.";
2 ° paragraph 2 is replaced by the following: "the imprisonment of thirty to forty years by the imprisonment of thirty-eight or to a lower term or a term of imprisonment of at least three years and not more than thirty-eight years.
Imprisonment from twenty to thirty years, by imprisonment of twenty-eight years or for a lower term or a term of imprisonment of at least three years and not more than twenty-eight years. ";
3 ° paragraph 3, which becomes paragraph 4, is supplemented by the words "and more than fifteen years.";
4 ° paragraph 4 which becomes paragraph 5, is supplemented by the words "and at most ten years.";
5 ° paragraph 5, which becomes paragraph 6, is supplemented by the words "and five years at the most.".
S. 18. at article 81 of the same Code, replaced by the Act of 23 January 2003, the following changes are made: 1 ° 1st paragraph is supplemented by the words "and forty years.";
2 ° paragraph 2 is replaced by the following: "the punishment of detention from thirty to forty years by the detention of 38 years or for a lower term or a term of imprisonment of one year at least and at most thirty-eight years.
The penalty of detention from twenty to thirty years by the detention of 28 years or for a lower term or a term of imprisonment of one year at least and at most twenty-eight years. ";
3 ° paragraph 3, which becomes paragraph 4, is supplemented by the words "and more than fifteen years.";
4 ° in paragraph 4 which becomes paragraph 5, the first sentence is supplemented by the words "and at most ten years.";
5 ° the second sentence of paragraph 4 becomes paragraph 6 and is supplemented by the words "and five years at the most.".
S. 19 article 92 of the Code, the following changes are made: 1 ° in the paragraph 1, the words "correctional penalties be prescribed five years" shall be replaced by the words "Except for the penalties for the offences defined in articles 136A, 136ter, and 136quater, which are imprescriptible, correctional penalties be prescribed five years";
2 ° article is supplemented by a paragraph worded as follows: "If the sentence of imprisonment imposed exceeds 20 years, the prescription will be twenty years.".
S. 20. in article 121bis, paragraph 3, of the same Code, inserted by the Decree-Law of April 8, 1917 and replaced by the Act of 23 January 2003, in article 136quinquies, paragraphs 4 and 11 of the same Code, inserted by the law of August 5, 2003, in article 400 of the Penal Code, amended by the Act of June 26, 2000 and the Act of 23 January 2003 , in article 403 of the Code, as amended by the Act of 23 January 2003, in article 442quater, § 2, 3 °, of the same Code, inserted by the law of November 26, 2011, and in article 488bis, § 2, 1 °, of the same Code, inserted by the Act of 17 April 1986 and amended by the Act of 23 January 2003, "incapability of personal work" are each time replaced by the words "incapacity for work more than four months".
S. 21. in article 246, § 1, of the same Code, replaced by the law of 10 February 1999, the words "seek or accept" are replaced by the words "solicit, accept or receive".
S. 22. article 250 of the Code, replaced by the law of May 11, 2007, is replaced by the following: 'article 250. when corruption provided for in articles 246 to 249 concerns a person who performs a public function in a foreign State or an organisation of public international law, the minimum sentences of fines is triple and the

maximum fines is fivefold. "."
S. 23. in article 347 bis, § 4, 1 °, of the same Code, inserted by the Act of July 2, 1975 and replaced by Act of 28 November 2000, in articles 417, paragraph 2 (2) and 417quater, paragraph 2, 2 °, of the same Code, inserted by the Act of 14 June 2002, in article 428, § 4, of the same Code, replaced by the Act of 28 November 2000 and amended by the Act of 26 November 2011 in article 433septies, paragraph 1, 5 °, of the same Code, inserted by the law of August 10, 2005, in section 473, paragraph 1, of the same Code, replaced by the Act of July 2, 1975 and amended by the Act of 14 June 2002 and in article 477sexies, § 2, 1 °, of the same Code, inserted by the Act of 17 April 1986, "permanent physical or mental incapacity" are each time replaced by the words "inability to work over" four months".
S. 24. in article 409, § 3, of the same Code, repealed by the Act of April 9, 1930 and restored by Act of 28 November 2000, "permanently incapable of personal work" shall be replaced by the words "inability of personal work of more than four months".
S. 25. article 414 of the Code, amended by the acts of 10 July 1996, 26 June 2000 and 23 January 2003, is replaced by the following: 'article 414. when the fact that excuse will be proved, the punishment will be reduced:-to imprisonment of one year to five years and a fine of one hundred euros to 500 euros, if it is a crime carrying a maximum penalty of more than 20 years in prison, that he has been correctionnalisé, to a term of imprisonment of six months to two years and a fine of fifty to two hundred euros If it's any other crime, correctionnalisé or not;
-to imprisonment from eight days to three months and a fine of twenty-six hundred euro EUR, if it is another crime. "."
S. 26. in book II, title VIII, chapter III of the Code, the title of section VIII, inserted by the Act of April 10, 2014, is replaced by the following: "the lure of minors through the technologies of information and communication purposes criminal or tort.".
S.
27. in the Dutch text of article 433bis/1, 1 °, of the same Code, inserted by the Act of April 10, 2014, the word "en" is replaced by the word "of".
S. 28. in article 476 of the Code, "articles 473 and 474" shall be replaced by the words "articles 473 to 475".
S. 29. in article 504bis, § 1, of the same Code, inserted by the law of 10 February 1999, the words "seek or accept" are replaced by the words "solicit, accept or receive".
CHAPTER 2. -Amendment of the law of 24 February 1921 regarding traffic in poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used in the illicit manufacture of narcotic and psychotropic substances article (30. in article 2bis, § 2, b), of the Act of 24 February 1921 regarding traffic in poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used in the illicit manufacture of narcotic and psychotropic substances, inserted by the law of 9 July 1975, the terms "permanent personal disability" are replaced by the words "incapacity for work more than four months".
CHAPTER 3. -Amendments to the law of 5 June 1928 revision of the disciplinary and penal Code for shipping and maritime fishing art. 31. in article 34, paragraph 1, of the Act of 5 June 1928 revising the disciplinary and penal Code for shipping and maritime fishing, amended by the Act of 23 January 2003, "permanent incapacity for work" shall be replaced by the words "inability of personal work of more than four months".
S. 32. in article 67 of the Act, paragraph 2 is supplemented by the following: ", except in the case of a crime punishable by life imprisonment. In this case, these persons shall be punished by imprisonment from twenty to thirty years. "."
S. 33. in article 69, paragraph 2, of the Act "of the penalty immediately below' shall be replaced by the words" the imprisonment from twenty to thirty years".
CHAPTER 4. -Amendment of the law of June 27, 1937 revision Act November 16, 1919 to the regulation of aerial navigation s.
34. in article 30, § 2, 1 °, of the law of June 27, 1937 revision of the regulation of the air navigation Act of November 16, 1919, replaced by the law of 20 July 1976, "permanently incapable of personal work" shall be replaced by the words "inability of personal work of more than four months".
CHAPTER 5. -Amendments to the law of 29 June 1964 on suspension, the stay and the article probation 35. in article 1, § 3, paragraph 1, of the Act of 29 June 1964 on suspension, suspension and probation, inserted by the law of 22 March 1999 and amended by the law of 17 April 2002 and 27 December 2012, the words ", a sentence of work" are repealed.
S. 36A article 3 of the Act, as amended by the Act of April 25, 2014, the following changes are made: 1 ° in the paragraph 1, the words "when the fact does not appear likely to lead as main penalty correctional imprisonment for more than five years or a more serious penalty" are replaced by the words "when the fact is not punishable by a term of correctional imprisonment exceeding twenty years ", and that it does not appear likely to lead as main penalty greater than five years correctional imprisonment";
2 ° in paragraph 2, the words "under the same conditions" shall be inserted between the word "orderly" and the words "by the courts of instruction".
S. 37 A section 8 of the Act, as amended by the Act of April 25, 2014, the following changes are made: 1 ° in the 1st paragraph, 1st paragraph is replaced by the following: "when the sentenced was not previously a criminal sentence or a sentence of imprisonment of more than three years or an equivalent barely taken into account in accordance with article 99bis of the penal Code" , the courts may, where they do not condemn one or more main custodial sentences greater than five years imprisonment, order that there shall be suspended the execution of all or part of main and accessory penalties they say.
However, the simple sentence may be ordered where the convicted person previously incurred a sentence main imprisonment of more than 12 months or an equivalent penalty taken into account in accordance with article 99bis of the penal Code.
In no case it can be suspended execution of sentence to:-a penalty of confiscation;
-sentence work;
-a subsidiary penalty.
The decision ordering or refusing the suspended sentence, probation, must be justified in accordance with the provisions of article 195 of the Code of criminal procedure. ";
2 ° in the paragraph 1, paragraph 4, which becomes paragraph 7, the words ", the sentences of work" are repealed;
3 ° paragraph 3 is repealed.
S. 38A article 18bis of the Act, inserted by the Act of 4 May 1999 and amended by law of June 26, 2000 and April 25, 2014, the following changes are made: 1 ° in the second indent, the words "twenty-four thousand euros instead of twelve months" are replaced by the words "two thousand euros instead of three years".
2 ° it is inserted between the indents 2 and 3 an indent as follows: "-article 8, § 1, paragraph 2: twenty-four thousand euros instead of twelve months;";
3 ° to indent 3, which becomes the Indent 4, the words "paragraph 4" shall be replaced by the words "paragraph 7".
CHAPTER 6. -Amendment of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts
39. in article 77quater, paragraph 1, 5 °, of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, inserted by the law of August 10, 2005, "permanent physical or mental incapacity" shall be replaced by the words "inability of personal work of more than four months".
CHAPTER 7. -Modification of the experiments on the human person article Act of May 7, 2004 40. in article 33 § 1, paragraph 2, of the Act of 7 May 2004 experiments on the human person, the words "permanent physical or mental incapacity" shall be replaced by the words "inability of personal work of more than four months".
CHAPTER 8. -Modification of the combating maritime piracy s. law of December 30, 2009 41. in article 4, § 3, paragraph 1 of the law of December 30, 2009 on the fight against maritime piracy, "permanent physical or mental incapacity" shall be replaced by the words "inability of personal work of more than four months".
CHAPTER 9. -Amendments to the law of February 7, 2014, introducing electronic surveillance as a stand-alone sentence art. 42. articles 3, 4, 5 and 10 to 13 of the Act of February 7, 2014, introducing electronic surveillance as a stand-alone sentence are repealed.
S.
43. in article 6 of the Act, the word "Vter" is replaced by the word "Vbis".
S. 44. article 7 of the Act is replaced by the following: 'article 7. in the section Vbis, inserted by article 6, it is an article inserted 37ter as follows: "article 37ter. § 1.
When a fact is likely to result in a term of imprisonment of a maximum of one year, the judge may

condemn as a main penalty sentenced to electronic monitoring of a duration equal to the term of imprisonment that he would have voted and which may be applicable in the event of non-execution of the penalty of electronic surveillance. For fixing the duration of this subsidiary imprisonment, one day of the electronic surveillance imposed penalty corresponds to one day of imprisonment.
A sentence of electronic surveillance is the requirement of attendance at a specific address, with the exception of authorized, travel or absences during a period fixed by the judge in accordance with paragraph 2. Control the presence is provided inter alia by the use of electronic means, and in accordance with paragraph 5, this obligation is subject to conditions.
The electronic monitoring penalty may be imposed for the facts: 1 ° referred to in articles 375 to 377.
2 ° referred to in articles 379-387, if the offence was committed against minors or minors;
3 ° referred to in articles 393-397.
§ 2. The length of the sentence of electronic monitoring cannot be less than one month and not more than one year. Pursuant to rule 85, the repressive judge may take into account extenuating circumstances without however that the fixed period of electronic surveillance as a stand-alone sentence will be less than one month.
Sentencing of electronic surveillance must be performed within six months following the date on which the judicial decision is passed in res judicata. If the timeout this is attributable to the convict, the Crown decides either still defer the execution of the penalty of electronic surveillance, or to proceed with the implementation of subsidiary imprisonment. If exceeding this time-limit is not due to the offender, the penalty should be performed within six months following the expiry of the first period, failing which it is prescribed.
§ 3. For the implementation of a sentence of electronic surveillance, the public prosecutor, the investigating judge, courts of instruction or the courts can load the competent service for the Organization and control of monitoring electronic, hereafter 'competent service for electronic surveillance', of the judicial district of the place of residence of the accused, the accused or the convicted person of the completion of a report of summary information and/or a social survey.
This report or this survey contains only the relevant elements such as to inform the authority that sent the request to the competent authority for electronic surveillance on the appropriateness of the proposed penalty.
Any adult person with whom cohabits the accused is heard in observations in this social survey. The summary information report or the report of the social survey is attached to the folder within one month of the request.
§
4. When sentenced to electronic monitoring is envisaged by the judge, required by the public prosecutor's Office or requested by the accused, the judge informed this one, before closing discussions, the scope of such a penalty, provides it any guidance on the specific content that it can give and the terms individualized it may impose in accordance with paragraph 5 and understood in its observations. The judge may also take into account, in this regard, the interests of potential victims.
The judge may impose the penalty of electronic surveillance that if the accused is present or represented at the hearing and after that he gave, either in person or through his Council, consent.
All cohabitants Maggiore of the accused who has not been heard in social inquiry, or if no social survey has been carried out, can be heard by the judge in his comments.
The judge who refuses to impose a sentence of electronic surveillance required by the public prosecutor's Office or requested by the accused must motivate its decision.
§ 5. The judge determines the length of the sentence of electronic surveillance and can give guidance to its specific terms.
The penalty of electronic surveillance is still with the following general conditions: 1 ° do not commit offences;
2 ° an address fixed and, in case of change of address, promptly address of his new residence to the public prosecutor and the competent service for electronic surveillance;
3 respond to the summonses issued by the competent authority for electronic surveillance and the concrete terms determined by this service.
The judge may also submit the convict to special conditions individualized in the interest of the victims. These conditions are on the ban on frequenting certain places or contact the victim and/or the compensation thereof. ".".
S. 45. article 8 of the Act is replaced by the following: 'article 8. in the same section Vbis, inserted an article 37quater as follows: "article 37quater. § 1. As soon as the sentence of electronic surveillance is passed into res judicata, the Registrar informs the competent authority for electronic surveillance to enforce the death penalty. To this end, this service takes contact with the convicted person within seven working days following the information, determines the concrete modalities of execution of the sentence, after hearing the prisoner and taking into account the comments of it, and shall notify without delay the competent public prosecutor.
§ 2.
Without prejudice to the application of article 20 of the Act of 5 August 1992 on the function of police, the public prosecutor is responsible for the control of the convicted person. Officials of the competent authority for electronic surveillance control the execution of the penalty of electronic surveillance and provide tracking or guidance of the convicted person.
§ 3. If the penalty of electronic surveillance is not executed in whole or in part in accordance with section 37ter, § 5, the official of the competent authority for electronic surveillance shall immediately inform the competent public prosecutor.
The latter can then decide to proceed with the execution of the sentence of imprisonment fixed in judicial decision taking into account the part of the electronic surveillance penalty which has already been executed by the convict. In this case, a day of electronic monitoring penalty executed is equivalent to one day of imprisonment. If total or partial breach of new offences, it must be established by a final decision res judicata that the convicted person has committed an offence or a crime, or an equivalent offence taken into account in accordance with article 99bis, during the execution of the penalty of electronic surveillance.
The competent public prosecutor motivates its decision and communicates through the means of communication written fastest:-to the offender;
-at the head of the local police of the municipality where the convicted person;
-in the national database referred to in article 44/2 of the Act of 5 August 1992 on police function;
-to the competent service for electronic surveillance.
§ 4. If the electronic surveillance penalty reaches or exceeds three months, the convicted person may request a suspension of the inspection carried out by electronic means after serving one-third of the length of the sentence. He is informed of this possibility by the competent authority for electronic surveillance as soon as the execution of the sentence. As soon as it meets the conditions of time, the convicted person may submit an application written for the grant of the suspension to the competent public prosecutor. The convicted person sends a copy of this request in writing to the competent authority for electronic surveillance.
In fifteen days, the competent authority for electronic surveillance makes a notice to the competent public prosecutor about respect for the specific content of electronic surveillance program and, where appropriate, individualized special conditions imposed on the convicted person. The notice indicated if the sentenced person has committed fresh infringements during execution of the penalty of electronic surveillance. In addition, it includes a reasoned proposal for the granting or rejection of the suspension of the inspection carried out by electronic means and resumes, where appropriate, the particular conditions that the competent authority for electronic surveillance may deem necessary to impose on the offender.
The competent Crown grants within one month after receipt of the notice the suspension of the inspection carried out by electronic means in the case where the convicted person has not committed new offences and that it met the specific content of electronic surveillance program and, where appropriate, individualized special conditions which had been imposed upon.
When the suspension of the inspection carried out by electronic means is granted, the offender is subject to a period to test for the part of the electronic surveillance penalty he must still serve.
In this case, a day of the test period equals a day penalty imposed electronic surveillance.
The convicted person is subject to the General conditions, as well as, where appropriate, special conditions which have been imposed.
The competent public prosecutor shall communicate its decision by means of the fastest written communication:-to the offender;
-at the head of the local police of the municipality where the convicted person;
-in the national database referred to in article 44/2 of the Act of 5 August 1992 on police function;
-to the competent service for electronic surveillance.

In the event of rejection of an application for suspension, a new application may be made only after the expiry of a period of two months after the rejection.
In the event of failure to comply with terms and conditions and, where appropriate, special conditions imposed on the convicted person, the suspension of the inspection carried out by electronic means may be revoked.
The competent public prosecutor means the convict in its observations on the subject. If the convicted person does not respond the convening for the purpose to be heard, the public prosecutor may decide to revoke the suspension of the inspection carried out by electronic means or to proceed with the implementation of subsidiary imprisonment. If the non-compliance concerning general condition prohibiting the commission of new crimes, it must be established by a final decision res judicata that the convicted person has committed an offence or a crime, or an equivalent offence taken into account in accordance with article 99bis, during the execution of the penalty of electronic surveillance or the suspension of the inspection carried out by electronic means.
The decision of revocation of the suspension of the inspection carried out by electronic means includes a decision on:-the specific conditions relating to the suspension, imposed by the Crown;
-execution of electronic surveillance for the remaining duration of the test period;
-the reinstatement of special conditions imposed as appropriate by the trial court.
The competent public prosecutor shall communicate its decision through the means of the fastest written communication:-to the offender;
-at the head of the local police of the municipality where the convicted person;
-in the national database referred to in article 44/2 of the Act of 5 August 1992 on police function;
-to the competent service for electronic surveillance.
§
5. The Crown referred to in paragraphs 1 to 4 is the public prosecutor about the trial court which pronounced the sentence under electronic surveillance. ".".
S.
46. in article 9 of the Act, the word "37octies" is replaced by the word "37septies".
S.
47. in article 16 of the same Act, "on the date set by the King" shall be replaced by the words "the day of the entry into force of the law of May 8, 2014 amending 217, 223, 224 and 231 of the Judicial Code articles.".
CHAPTER 10. -Amendments to the Act of April 10, 2014 inserting probation as a standalone sentence in the penal Code, and amending the Code of criminal procedure, and the law of 29 June 1964 on suspension, the stay and the article probation 48. article 2 of the Act of April 10, 2014 inserting the probation as a standalone sentence in the penal Code, and amending the Code of criminal procedure, and the law of 29 June 1964 on suspension, suspension and probation is replaced by the following: 'article 2. in article 7 of the penal Code, as last amended by Act of April 26, 2007, the words "correctional and police: 1 ° imprisonment;"
2 ° worth of work.
The penalties provided for in paragraphs 1 ° and 2 ° cannot be applied cumulatively."
are replaced by the words "correctional and police: 1 ° imprisonment;"
2 ° worth of electronic surveillance;
3 ° the penalty work;
4 ° the autonomous probation sentence.
The penalties set forth in 1 ° to 4 ° may apply cumulatively. ".".
S.
49. article 3 of the Act is repealed.
S. 50. in article 6 of the Act, the word "37octies" is replaced by the word "37septies" and the words ", which becomes article 37septies" are repealed.
S.
51. in article 8 of the same Act, which inserts article 37octies into the penal Code, paragraph 1, paragraph 4 is replaced by the following: "the autonomous probation sentence may be imposed for the facts: 1 ° which would be punishable if they were abiding by offences, of a maximum penalty of more than 20 years in prison;"
2 ° referred to in articles 375 to 377;
3 ° referred to in articles 379-387, if the offence was committed against minors or minors;
4 ° referred to in articles 393 to 397 "."
S. 52. article 12 of the same Act, which amends article 58 of the Criminal Code is replaced by the following: 'article 12. article 58 of the same Code, as amended by the Act of 17 April 2002, is supplemented by two paragraphs worded as follows: "when electronic surveillance sentences are pronounced, their duration may not exceed one year.
When autonomous probation sentences are pronounced, their duration may not exceed two years. ".".
S. 53. article 13 of the same Act, which amends article 59 of the Criminal Code is replaced by the following: 'article 13. in article 59 of the same Code, amended by the Act of 17 April 2002, the words "all fines, sentences of work" are replaced by the words "all fines, sentences of autonomous probation, labour sentences, the sentences of electronic surveillance" ".
S.
54. article 14 of the same Act, which amends article 60 of the Criminal Code is replaced by the following: 'article 14. in article 60 of the same Code, replaced by the law of 1 February 1977 and amended by the Act of 17 April 2002, the last sentence is replaced by the following: "In any case, the sentence may exceed a year's worth of electronic surveillance, three hundred hours of work penalty or two years of autonomous probation sentence.". "."
S. 55. article 15 of the Act, which amends article 85 of the Criminal Code is replaced by the following: 'article
15. in article 85, paragraph 1, of the same Code, as amended by the Act of 17 April 2002, "imprisonment, sentences of work and of fines may respectively be reduced below eight days, 45 hours and twenty-six euros" is replaced by the words "the imprisonment, sentences of electronic surveillance, the penalties of working ", autonomous probation sentences and monetary penalties may respectively be reduced below eight days, a month, 45 hours, 12 months and 26 euros". "."
S.
56. under article 17 of the same Act, which amends article 595 of the penal Code, the words "and as last amended by the Act of February 7, 2014" are repealed.
S. 57. article 18 of the same Act, which amends article 596 of the Criminal Code is replaced by the following: 'article 18. in article 596, paragraph 2, of the same Code, restored by the law of 8 August 1997 and amended by the Act of July 31, 2009, the words "decisions referred to in article 594, 4 ° to 6 ° and" shall be inserted between the words "extract mentions, in addition to the decisions referred to in paragraph 1, also" and the words "the convictions referred to in article 590 , paragraph 1, 1 ° to 17 ° '. ".
S. 58. article 19 of the same Act, which amends article 8 of the law of 29 June 1964 on suspension, suspension and probation, as last amended by the Act of April 25, 2014, is replaced by the following: 'article
19. in article 8, § 1, paragraph 3, of the Act of 29 June 1964 on suspension, suspension and probation, the words 'a work penalty' shall be replaced by the words "sentenced to electronic monitoring, work or autonomous probation".
TITLE 3. -Amendments to the criminal procedure Chapter 1. -Modifications of the preliminary title of the Code of criminal procedure art. 59. article 21 of the preliminary of the Code of criminal procedure, inserted by the law of 30 May 1961 and as last amended by the law of October 19, 2015, is replaced by the following: 'article 21. except with respect to the offences defined in articles 136A, 136ter and 136quater of the penal Code and unless other exceptions provided by law, the prosecution will be prescribed, effective the day where the offence: 1 ° after twenty years if it:-a crime punishable by imprisonment for life, or - one of the crimes defined in articles 102 , paragraph 2, 122, third point, 138, § 1, paragraph 1, 9 °, 376, paragraph 1, 393 or 417, paragraph 3, of the penal Code, 30, § 2, of the Act of 27 June 1937 revision of the Act of 16 November 1919 relating to the regulation of aerial navigation, 34, 35, 68, paragraph 3, 69, paragraphs 2 and 3, the law of 5 June 1928 revising the Code disciplinary and criminal for the merchant marine and maritime fishing or 4, § 3, paragraph 3, of the Act of December 30, 2009 the fight against maritime piracy, if it was committed on a person under eighteen years;
2 ° after 15 years if it:-one of the crimes referred to in 1 °, second indent, if it has not been committed on a person under the age of eighteen years, or - one of the offences defined in articles 372-377, 377quater, 379, 380, 409 and 433quinquies, § 1, paragraph 1, 1 °, of the penal Code, if it was committed on a person under 18 years of age;
3 ° after ten years if it is another crime;
4 ° after five years if it is another crime;
5 ° after one year if it's a crime contraventionnalisé;
6 ° after six months if it's another breach.
Limitation of public action set in 1st paragraph, 1 ° and 2 °, as well as for other crimes punishable more than 20 years in prison, are however not affected by the reduction or modification of the penalty because of extenuating circumstances. "."
S.
60. article 21bis of the same title, as last amended by the Act of April 10, 2014, is replaced by the following: 'article 21A. in the cases referred to in article 21, paragraph 1, 2 °, second indent, the prosecution limitation period begins to run from the day the victim reaches the age of eighteen.
The period of limitation of the offences

article 21, paragraph 1, 2 °, second indent, which are successive execution and continues to a same intent only begins to run as from the day when the youngest of the victims reached the age of eighteen years, unless the delay between two consecutive breaches exceeds the limitation period. "."
S. 61. article 24 of the same title, replaced by the law of July 16, 2002 and as last amended by the Act of April 25, 2014, is supplemented by a paragraph worded as follows: "the requirement of public action is suspended when an accused forms an opposition which is declared inadmissible or avenue, during its processing. The suspension runs from the notice of opposition to the decision finding that the opposition is inadmissible or avenue. "."
CHAPTER 2. -Changes of the Code of criminal investigation article 62. in article 28quater of the Code of criminal procedure, inserted by the Act of 12 March 1998, the word "143ter" is replaced by the word "143quater".
S. 63A article 28septies of the Code, inserted by the Act of 12 March 1998 and replaced by the law of 27 December 2005, the following changes are made: 1 ° the words ", the statement acts as they are provided for in articles 56bis, paragraph 2, and 89ter and the search" are replaced by the words "and acts of instruction as they are provided for in articles 56bis , paragraph 2, and 89ter, "."
2 ° article is supplemented by a paragraph worded as follows: "in case of new indictment on the basis of the 1st paragraph in one same folder, the same investigating judge is seized while it is still in function.".
S.
64. in article 35b of the Code inserted by the law of 19 December 2002 and replaced by the law of 11 February 2014, paragraph 1 is replaced by the following: "§ 1." If there are serious and concrete clues as the suspect got a patrimonial advantage within the meaning of articles 42, 3 ° or 43quater, § 2, of the penal Code and that the things that materialize this heritage benefit cannot or can no longer be found as such in the heritage of the suspect who is in Belgium or are mixed with lawful things the Crown may apply to other things that are the heritage of the person suspected in the supposed amount of the heritage advantage competition. In its decision, the public prosecutor motivates the estimate of this amount and reported serious and concrete evidence justifying the seizure. These elements are contained in the report drawn up on the occasion of the seizure.
Paragraph 1 is also applicable to things that constitute the object of the offences referred to in article 505 of the Code. "."
S. 65. in article 88bis, § 1, paragraph 1, of the same Code, inserted by the Act of June 10, 1998 and amended by the law of June 8, 2008 and December 27, 2012, the words "directly or through the intermediary of a police force designated by the King" are added after the words "necessary requesting technical assistance from the operator of a network of telecommunications or a telecommunications service provider".
S.
66. at article 90quater of the Code, inserted by the law of 30 June 1994 and as amended by the Act of January 6, 2003, the following changes are made: 1 ° to paragraph 1, paragraph 2, the first part of sentence is replaced by the following: "order is dated and:";
2 ° paragraph 2, paragraph 1, is replaced by the following: "§ § 2 2" Whether the measure involves network communication, network operator, or telecommunications service provider, is to lend its expertise, when the investigating judge so requires either directly or through a service of police appointed by the King. ";
3 ° in paragraph 4, paragraph 1, the words ", directly or through the intermediary of a police force designated by the King," shall be inserted between the words "the investigating judge may order" and the words "the people which it assumes".
S. 67. article 90sexies of the Code, inserted by the law of 30 June 1994 and amended by the law of 10 June 1998, is replaced by the following: 'article 90sexies. § 1. Judicial police officers committed put at the disposal of the investigating judge: 1 ° the file containing recordings made as a result of the measures taken in application of articles 90b, 90quater and 90quinquies.
2 ° the transcription of the passages of the communications and telecommunications estimates relevant to the statement by judicial police officers committed, and their possible translation;
3 ° the mere indication of topics and the identification of the means of communication used in what concerns communications or irrelevant estimated telecommunications.
§
2. Without prejudice to the selection by the judicial police officers referred to in paragraph 1, the investigating judge enjoys among all communications or telecommunications collected, the passages which are relevant to the statement. To the extent where these passages of communications or telecommunications have not been transcribed or translated pursuant to paragraph 1, they will be transcribed and translated to additional title. The investigating judge in fact draw up minutes.
§
3. Communications or telecommunications that are covered by the obligation of professional secrecy are not recorded in the minutes. These communications or telecommunications are filed in the registry in a file in a sealed envelope. Is it comes to persons referred to in article 90octies, paragraph 1, shall be made in accordance with article 90octies, paragraph 2.
§ 4. The orders of the investigating judge, the reports of judicial police officers referred to in article 90quater, § 3, and the minutes relating to the enforcement of the measure, are attached to file no later than after it put an end to the measure. "."
S. 68 A article 90septies of the Code, inserted by the Act of June 10, 1998 and amended by the Act of 28 November 2000, the following changes are made: 1 ° in paragraph 2, the words "registration of communications and relevant estimated telecommunications" are replaced by the words "passages from the recording of communications and telecommunications estimated relevant";
2 ° in paragraph 3, the words "of communications and telecommunications estimated relevant" are replaced by the words "the relevant passages from the recording of communications and estimated telecommunications";
3 ° in 4, 1 ° paragraph, the words "of communications and relevant estimated telecommunications" shall be replaced by the words "passages from the recording of communications and telecommunications estimated relevant";
4 ° in paragraph 4, 6 °, the words "of communications and relevant estimated telecommunications" shall be replaced by the words "passages from the recording of communications and telecommunications estimated relevant";
5 ° a paragraph worded as follows is inserted between paragraphs 5 and 6: "the accused, the accused, the civil party, civilly responsible party or their counsel will receive, on simple request, copy of all of the recording of the communications and telecommunications which passages estimated relevant have been transcribed and recorded in minutes that they have the right to consult";
6 ° in article 6, which becomes paragraph 7, the word "other" is inserted between the words "all or portions of" and the words "records and transcripts filed with the registry".
S. 69A article 103 of the same Code, inserted by the Act of 7 July 2002 and amended by the law of July 14, 2011, the following changes are made: 1 ° in the paragraph 1, paragraph 2, the words "the Director of the special units" are replaced by the words "the Director of the Central Directorate of the judicial police operations";
2 ° in paragraph 3, paragraph 2, the words "the Directorate of special units" are replaced by the words "the Service of witness protection".
S. 70. in article 136A of the same Code, replaced by the Act of 12 March 1998 and as last amended by the Act of May 31, 2005, 1st paragraph is replaced by the following: "King's Attorney reported to the Attorney general of all matters which the Council Chamber would point decided in the year starting from the first indictment.".
S. 71. article 136ter of the Code, inserted by the law of 31 May 2005 and amended by the law of December 30, 2009, is repealed.
S. 72. article 145 of the same Code, as last amended by the Act of 17 March 2013, is supplemented by a paragraph as follows: "the quotation remains valid in the case of delivery of the case at a fixed date or continuation on a fixed date formatting.".
S. 73. article 149 of the same Code, replaced by the Act of February 12, 2003, is repealed.
S. 74. article 150 of the same Code, amended by the acts of 31 May 2000 and February 12, 2003, is repealed.
S. 75. article 151 of the Penal Code, amended by laws of March 9, 1908-February 12, 2003, is repealed.
S. 76. article 152 of the Code, as amended by the Act of February 12, 2003, is replaced by the following: 'article 152 § 1. The parties who wish to enter into and have not yet filed conclusions ask at the hearing for the introduction of deadlines to conclude.
In such cases, the fixed judge delays in which the conclusions must be filed at the registry and provided to the other parties and the date of the hearing, after hearing the parties. The decision is mentioned in the notice of hearing. The conclusions are drafted in accordance with articles 743 and 744 of the Code of judicial procedure.

The conclusions which were not submitted and communicated to the Crown, if they relate to public action, and where appropriate, on all other parties concerned before the expiry of the deadlines are excluded ex officio debates.
§ 2. Unless the judge finds that the late filing or late communication pursues purely dilatory purposes or infringe the rights of other parties or the conduct of the proceedings, conclusions may be filed after the expiry of the time limits set in accordance with paragraph 1:-with the agreement of the parties concerned, or -in the event of discovery of a room or a new and relevant fact justifying new conclusions.
As a result, the judge may set new deadlines for conclusion and a new hearing date. In this case, paragraph 1 shall apply.
§ 3. The decisions of the judge referred to in paragraphs 1 and 2 are likely to appeal.
§
4. The provisions of paragraphs 1 and 2 shall apply to the Crown. "."
S.
77. in book II, title Ier, chapter I, of the same Code, there shall be inserted a paragraph II, entitled "the conduct of the proceedings before the courts of police", comprising articles 145 to 171.
S.
78. in book II, title Ier, chapter I, of the same Code, paragraph 2, as amended by the Act of 28 June 1984 and whose content has been repealed by the Act of 28 June 1984 and by order royal n ° 59, January 10, 1935, is hereby repealed.
S. 79. article 171 of the Code, repealed by order royal No. 59 on January 10, 1935, is restored in the following wording: "art. 171. default judgments can be attacked through the opposition in the same forms, conditions, terms and deadlines that default judgments rendered by the criminal courts.
The provisions of articles 185 to 187 are common to the police court. "."
S. 80. in book II, title Ier, chapter II, of the same Code, there shall be inserted a paragraph I, entitled "the jurisdiction of the criminal courts", with article 179.
S. 81. in book II, title Ier, chapter II, of the same Code, there shall be inserted a paragraph II entitled "the conduct of the proceedings before the criminal courts", comprising articles 181-198.
S. 82. article 182 of the Code, as last amended by the Act of 17 March 2013, is supplemented by a paragraph as follows: "the quotation remains valid in the case of delivery of the case at a fixed date or continuation on a fixed date formatting.".
S. 83. article 187 of the Code, replaced by the Act of March 9, 1908 and as last amended by the law of December 30, 2009, is replaced by the following: 'article 187 § 1. The default sentenced person may oppose the judgment within fifteen days following the service of the latter.
When the meaning of the judgment was not made to his person, the default convict may be opposition, criminal convictions, within fifteen days following one where he will be aware of the meaning.
He is aware by the meaning of a European warrant or a request for extradition or the time being fifteen days has not yet expired at the time of his arrest abroad, there may be opposition within fifteen days following his release or his release abroad.
If it is not established that there knowledge of the meaning, the default convict may be opposition until the expiry of the time limits of the penalty. There may be opposition, civil convictions, until the execution of the judgment.
The civil party and the liable party will not make opposition under the conditions set out in paragraph 1.
§ 2. The opposition will be served to the public prosecutor, the prosecution or the other parties involved.
If the opposition has not been served within fifteen days following the service of the judgment, he may be proceeded to the execution of sentences and when calling the prosecuting parties or one of them, he may be proceeded to the judgment on the appeal.
§ 3. The opposition will carry right citation to the first hearing after the expiry of a period of fifteen days, or if the opponent is held for three days.
§
4. Sentencing will be destroyed as a result of the opposition except in the cases referred to in paragraphs 5 to 7.
§ 5. The opposition will be declared inadmissible inter alia: 1 ° except in cases of force majeure, if it has not been served in the forms and legal deadlines;
2 ° If the judgment has not been made by default;
3 ° If the opponent previously appeal admissible against the decision.
§ 6. The opposition will be declared non avenue: 1 ° if the opponent, when he appears in person or by counsel and it is established that there knowledge of the citation in the procedure in which there is lacking, does not state a case of force majeure or an excuse justifying its failure at the contested proceedings, the recognition of force majeure or the excuse cited remaining subject to the sovereign assessment of judge;
2 ° If the opponent is new failing on its opposition, and in all cases, what are the reasons for successive defects and even though the opposition has already been received.
§ 7. The party who filed a notice of opposition may to withdraw or limit it according to the terms of the withdrawal or limitation of appeal specified in section 206.
§ 8. The opposing party that lets itself be judged a second time by default is longer be permitted to form a new opposition.
§ 9. The decision who will be on the opposition may be challenged through the appeal, or if it was made in degree of appeal, by way of an appeal in cassation.
The appeal against the decision declaring the opposition not avenue enters the judge of appeal of the merits of the case even if no appeal has been lodged against the judgment by default.
§ 10. Costs and expenses caused by the opposition, including the cost of shipping and the significance of the decision by default, will be left in charge of the opponent, if the fault is attributable to him. "."
S. 84. article 188 of the Code, replaced by the Act of February 27, 1956 and as amended by the Act of February 12, 2003, is repealed.
S. 85. in article 189 of the Code, amended by the law of April 8, 2002 and 2 August 2002, the words "the provisions of sections 157, 158, 158bis, 158ter, 158quater, 159, 160 and 161 are common to the correctional courts" are replaced by the words "the provisions of articles 152, 157, 158, 158bis, 158ter, 158quater, 159, 160 and 161 are common to the criminal courts".
S.
86. in article 197bis of the same Code, inserted by the Act of March 19, 2003 and replaced by the law of 11 February 2014, the following changes are made: has) in paragraph 1, paragraph 4, the words ", through the Chairman of the relevant acquisition Committee" shall be replaced by the words 'free of charge'.
(b) in paragraph 4, paragraph 2, the 3rd is replaced by the following: "3 ° of the Director-general of the Directorate-General of the judicial police, or his representative;".
(c) in paragraph 4, subparagraph 2, 6 °, the words "coordination of" are repealed;
d), paragraph 4, subparagraph 2, is complemented by the 9 ° and 10 ° worded as follows: "9 ° a representative of the Federal Public Service Justice;"
10 ° a representative appointed by the Board of Auditors to work. "."
S.
87. in book II, title I, chapter II, of the same Code, it is inserted a paragraph III entitled "call of the correctional judgments", comprising articles 199-216.
S. 88 A article 203 of the Code, replaced by the law of May 31, 1955, and amended by the Act of June 15, 1981, the following changes are made: 1 ° in paragraph 1, the words "fifteen days" are each time be replaced by the words "thirty days";
2 ° paragraph 1 is supplemented by a paragraph worded as follows: "the public prosecutor has an additional period of ten days to appeal after appeal was brought by the defendant or the civilly liable party.";
3 ° in paragraph 2, the words "five days" are replaced by the words "10 days".
S.
89. article 204 of the Code is replaced by the following: 'article 204. A penalty of forfeiture of the call, the request indicates precisely the high grievances, including procedural objections against the judgment and is awarded, within the same period and the same registry as the declaration referred to in article 203. It is signed by the appellant, his lawyer or any other Attorney special. In the latter case, the power is annexed to the application.
This query can also be submitted directly to the registry of the tribunal or the Court where the appeal is.
A form of which the model is determined by the King can be used for this purpose.
This provision also applies to the Crown. "."
S. 90a article 205 of the Code, replaced by the law of June 15, 1981 and amended by the law of March 28, 2000, the following changes are made: 1 ° "25 days" shall be replaced by the words "forty days";
2 ° the sentence "the feat will contain assignment within sixty days as of the same time or within forty-five days of the pronouncement of the judgment under the procedure of immediate appearance referred to in article 216quinquies."
is replaced by the following sentences: 'the exploit will contain the assignment. Under the procedure of immediate appearance referred to in article 216quinquies, this assignment will be within sixty days of the pronouncement of the judgment. "."

S. 91. article 206 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: "art. 206. the parties to the case may discontinue the appeal or limit it, in a statement, lodged at the registry of the tribunal or the Court which shall hear the appeal.
The declaration may also, where appropriate, be made at the registry of prison or community centre for minors who have committed an offence qualified fact.
It is prepared minutes of the declaration in the registry for that purpose.
In the cases provided for in paragraph 2, the directors of establishments shall forthwith of this statement, the Crown Court or the Court which shall hear the appeal and file, within 24 hours, notify an expedition of the minutes. Notice and shipping are placed on the record.
The accused and, where appropriate the civil party, or their lawyers, are informed of the withdrawal or limitation of the public prosecutor within 24 hours.
The parties to the case may also, at the hearing, to discontinue the appeal or limit it.
The withdrawal or limitation of the call can be removed until such time as the Court or tribunal which should entertain the appeal shall act.
When called on the civil action, the party against whom the appeal is directed may, however, decide to refuse withdrawal if a cross appeal. "."
S. 92. article 208 of the Code, as last amended by the Act of February 12, 2003, is replaced by the following: 'article 208. the judgments by default on the call can be attacked through the opposition in the same forms, conditions, terms and deadlines that default judgments rendered by the criminal courts.
The provisions of articles 185 to 187 are common to the appellate court. "."
S. 93. article 209bis of the same Code, inserted by the law of March 28, 2000, is supplemented by a paragraph worded as follows: "the provisions of article 152 are common to courts of appeal.".
S. 94. article 210 of the same Code, as last amended by the Act of February 12, 2003, is supplemented by a paragraph as follows: "also objections raised as prescribed in article 204, the appellate judge cannot raise ex officio that the means of public order on the substantial formalities or prescribed on pain of nullity or on:-its jurisdiction;"
-the prescription of the facts before it;
-the lack of offence that would present the facts before it as to the guilt or the need to requalify them or an irreparable nullity in the investigation on these facts.
Parties are invited to express themselves on the arguments of office. "."
S. 95. article 216 of the Code is renumbered as section 215bis.
S. 96. in book II, title 1st, of the same Code, there shall be inserted a chapter IIbis 'Prior recognition of guilt'.
S. 97. in chapter IIbis, inserted by article 96, inserted a section 216 as follows: "article
216 § 1. For the facts which seem to not be likely to have to be punished a correctional main than five years imprisonment, the Prosecutor may, either ex officio or at the request of the suspect or the accused or his counsel, propose the application of the recognition procedure defined in this article if guilt prior the suspect or the accused recognized as guilty of the facts on which it is charged.
In this case, it may propose, in the respect of the legal requirements, penalties than those that he considered that require, or accompanied by a suspended single or probationary, total or partial, or simple or probationary delivered suspension.
This procedure is not applicable to the facts: 1 ° which would be punishable if they were abiding by offences, of a maximum penalty of more than 20 years in prison;
2 ° referred to in articles 375 to 377 of the penal Code;
3 ° referred to in articles 379-387 of the penal Code if they are committed against minors or minors;
4 ° referred to in articles 393 to 397 of the Criminal Code.
§
2. When the investigating judge is busy investigating, the Prosecutor can propose the application of the procedure defined in this article only after the order or the order for reference before the trier of fact. It can also propose it when the trier of fact is already seized of the fact, as long as no judgment or final judgment has been rendered in criminal matters.
§ 3. The statements by which the suspect or the accused acknowledged being guilty of the facts on which it is charged are made in the presence of a lawyer of his choice or that is designated.
If the suspect or accused has insufficient resources, articles 508/13-508/18 of the Judicial Code relating to the entitlement to full or partial legal aid of second line free are fully applicable.
Counsel take cognizance of the folder and the facts imputed to the suspect or warned and informed it of its rights, consequences of the recognition of guilt on the current procedure and the subsequent conduct of it. The suspect or the accused may at any time consult confidentially with his lawyer outside the presence of the Prosecutor.
After hearing the sentences proposed by the Prosecutor, the suspect or the accused may request a 10 days cooling off period more than before to inform the Prosecutor of the King whether it recognizes be guilty of the facts on which it is charged and accepts or not retained legal qualifications and proposed penalties.
Where appropriate, the declarations by which the suspect or the accused agrees be guilty of the facts on which it is charged and accepts the penalties proposed by the Prosecutor of the King are recorded in a convention which describes accurately the facts and their qualification and signed both by the suspect or the accused and his counsel than by the Attorney of the King.
This convention determines inter alia to cover costs and any objects or patrimonial to furnish and to confiscate benefits.
If the matter is not yet fixed before a trier of fact, the convention fixed the place, day and time of the hearing of the tribunal before which the suspect or the accused must appear, within a time limit which may not be less than 10 days and more than two months. A copy of the convention is given immediately to the suspect or the accused. This notification applies quotation. However, where the case has already been fixed before the trier of fact, the convention is submitted for approval during the hearing.
As it is not signed convention, parts written in the context of paragraphs 1 and 2 and this paragraph cannot be placed on the record, nor consulted.
King's Attorney communicates where applicable a copy of the convention signed at known victims. The victim and his counsel have the right to access the folder.
§ 4. The Court shall hear the accused and his lawyer on the agreement and the accepted facts.
Where appropriate, the tribunal also intends the victim and his lawyer on the facts and the repair of the damage. The victim may be civil and claim compensation for his damage to the hearing by the Court which must approve the agreement. Cited persons are heard in the civil action.
The Court checks that it is meets all the conditions in paragraphs 1 to 3, if the agreement concluded in a free and enlightened manner and corresponds to the reality of the facts and their legal characterization and if the penalties proposed by the Prosecutor are proportionate to the seriousness of the facts, to the personality of the accused and its desire to repair the damage.
If so, he approved the agreement and pronounced the sentences proposed during the recognition of guilt by the accused.
The penal provisions of the judgment are likely no remedy.
In the contrary case, it denies the request for approval of the agreement by reasoned decision. The file is then presented at the disposal of the King's Attorney and the case is assigned to a room otherwise composed.
The convention signed by the accused and the Prosecutor of the King, papers and communications made during the consultation in the procedure, and all other parts of the procedure y, are then excluded from the folder and deposited at the registry of the Court of first instance.
As long as the convention is not approved by a judgment or a judgment cast in res judicata, above parts cannot be used to charge the suspect or the accused in one criminal, civil, administrative, arbitration or other proceedings and do not qualify as evidence, even in respect of extrajudicial confession.
§ 5. The tribunal shall decide on the request for approval either forthwith, or within one month of the first hearing, unless a discount of the examination of the case at a later hearing is needed to allow the third party to defend its interests or the accused to provide concerning its desire to repair the damage.
§ 6. The option provided for in paragraphs 1 and 2 also, belongs to the same facts, the listener to work, the federal prosecutor and the Attorney general in degree of appeal and, for the persons covered by articles 479 and 483, the Attorney general at the Court of appeal. "."
S. 98. in article 216bis, § 2, paragraph 1 of the same Code, as amended by the law of 14 April 2011, "provided that no judgment or judgment is reached that has acquired force of res judicata" shall be replaced by the words "to the extent that no judgment or final judgment has been rendered criminal."
S.

99. in article 235A, § 6, of the same Code, inserted by the Act of 12 March 1998, amended by the acts of 4 July 2001 and 14 December 2012 and partially cancelled by judgment No. 86/2002 the Constitutional Court, the words ', after the expiry of the deadline of cassation "are repealed.
S.
100. article 235ter, § 6, of the same Code, inserted by the Act of 27 December 2005, cancelled by the decision No 105/2007 of the Constitutional Court and reinstated by the Act of January 16, 2009, is repealed.
S.
101a Section 326 of the same Code, replaced by the law of December 21, 2009, the following amendments are made: 1 ° in the paragraph 1, the words "the person or the foreman of the jury" are repealed;
2 ° paragraph 4 is repealed;
3 ° in paragraph 5, which becomes paragraph 4, the words "the jury" are repealed.
S. 102A article 327 of the Code, replaced by the law of December 21, 2009, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "the questions, jurors go with the Court in the deliberations room.";
2 ° paragraph 2 is replaced by the following: "the college formed, chaired by the president of the Court, deliberating on guilt.";
3 ° in paragraph 3, the words "the head of the jury makes them" are replaced by the words "the president made this college".
S. 103. at article 328 of the same Code, replaced by the law of December 21, 2009, the following amendments are made: 1 ° in the paragraph 1, the word "sworn" is replaced by the words "members of the college";
2 ° in paragraph 2, the second sentence starting with the words "It shall enter" and finishing with the words "the clerk." is repealed;
3 ° to paragraph 3, the words "is required to give" are replaced by the word "give".
4 ° to paragraph 4, the word "jury" is replaced by the word "college".
S.
104. in article 329 of the Code, replaced by the law of December 21, 2009, "the jurors deliberate" shall be replaced by the words "college deliberates".
S. 105. in the Dutch text of article 329bis, paragraph 1 of the same Code, inserted by the law of December 21, 2009, the words "jury door" are repealed.
S. 106 A article 329ter of the Code, inserted by the law of December 21, 2009, the following amendments are made: 1 ° in the paragraph 1, the words "the head of the jury" shall be replaced by the words "President";
2 ° in paragraph 3, the words "to the or to the head of the jury," shall be replaced by the words "president".
S. 107. article 329quinquies of the Code, inserted by the law of December 21, 2009, is replaced by the following: "the table used in the activities of the college will be prepared so that nobody can see what another Member of the college.".
S. 108. in article 329sexies, paragraph 2, of the same Code, inserted by the law of December 21, 2009, the word "jury" is replaced by the word "college".
S.
109. in article 330 of the same Code, replaced by law of December 21, 2009, the words "the foreman of the jury the strips in the presence of the jury" are replaced by the words "the president remains in the presence of the college".
S. 110. article 332 of the Code, replaced by the law of December 21, 2009, is repealed.
S. 111. article 333 of the Code, replaced by the law of December 21, 2009, is repealed.
S. 112 A, article 334 of the Code, replaced by the law of December 21, 2009, the following amendments are made: 1 ° 1st paragraph is repealed;
2 ° paragraph 2 is replaced by the following: "Without having to meet all of the deposited findings, the college formula the main reasons for the jury's decision.";
3 ° a paragraph worded as follows is inserted between paragraph 2, which becomes paragraph 1 and paragraph 3: 'the questionnaire the jury's decision is attached to the formulation of the reasons.'.
S.
113 A section 337 of the same Code, replaced by the law of December 21, 2009, and amended by the Act of February 14, 2014, the following changes are made: 1 ° paragraph 2 is replaced by the following: "the president does introduce the accused and read out the judgment in his presence."
The judgment contains the decision of the college and mention motivation. ";
2 ° in paragraph 3, the words "and for the application of article 336" are repealed.
S. 114. in article 356 of the Code inserted by the law of December 21, 2009, paragraph 2 is supplemented by the words ", with the exception of paragraph 6".
S. 115. in article 420 of the Code, replaced by the Act of February 14, 2014, paragraph 2 is replaced by the following: "However, it can be lodged an immediate appeal in cassation against decisions: 1 ° made on jurisdiction;"
2 ° relating to civil action which decide on the principle of responsibility;
3 ° which, in accordance with article 524bis § 1, decide on public action and ordered a special investigation of patrimonial benefits. "."
S. 116. article 442bis of the Code, inserted by the law of 1 April 2007, is supplemented by two paragraphs worded as follows: "it is similarly in case of decision or judgment by which the European Court of human rights takes note of the amicable settlement reached the parties and under the terms of which the Belgian Government recognizes such violation in accordance with article 39 of the Convention, or by which it takes note of the unilateral declaration of recognition of such infringement, in accordance with article 37, § 1, of the European Convention, and decided, by way of consequence, to remove the case from the list.
The application to reopen is inadmissible where the Government provides evidence that the convicted person agreed on friendly service, that this agreement had been executed and that the finding of a violation is not such as to create substantial doubt as to the outcome of the contested procedure. "."
S. 117. article 545 of the same Code, replaced by the law of March 12, 1998 and amended by the Act of June 10, 2001, is replaced by the following: 'article 545. on the basis of the request and the supporting documents, the Chamber of the Court of cassation who knows of appeals in criminal, correctional or police matters statue immediately and permanently when the complaint is clearly irreceivable or reproduced in the application and supporting documents is sufficient.
If, in addition, fined for manifestly inadmissible query can be justified, that single point will be processed at a hearing scheduled by the same decision at an early date. The Clerk shall convene the parties by judicial fold so that they make their comments in writing by that date.
The fine is one hundred twenty-five euro to two thousand five hundred euro. Every five years, the King may adapt the minimum and maximum amounts to the cost of living. The recovery of the fine is pursued by all legal remedies to the diligence of the Administration of the registration and domains.
When the conditions in paragraph 1 for an immediate and final decision are not fulfilled, the Court of cassation ordered within the shortest time and at the latest within eight days: 1 ° a) communication of the judgment, of the request and parts annexed to the judge at the tribunal de police whose divestiture is required, to make , within the time fixed by the Court, a declaration on the expedition of the judgment;
b) communication of the judgment, of the request and parts annexed to the first president or president, depending on the jurisdiction which the divestiture is required, to make it, within the time limit fixed by the Court, a declaration on the expedition of the judgment, in consultation with the members of the Court named, who contresigneront said declaration;
2 ° the communication of the judgment, of the request and parts are attached to the non-applicants as well as the communication of the time they have to deposit their conclusions at the registry and the day of appearance before the Court; This appearance takes place at the latest within two months of the filing of the application; However, the Court of cassation will not order communication when by reasons it States, it considers the communication and notification of the date of appearance; adverse for instruction
3 ° the communication of the judgment, of the request and parts are annexed to the Crown about the Court against whom the request for postponement is formed as well as the communication of the period in which must be filed its opinion, if the Supreme Court deems it necessary;
4 ° the report at the date specified by one of the advisors appointed by the judgment.
Without prejudice to the exception provided for in point 2 °, conclusions and, where appropriate, the opinion of the public prosecutor are communicated to the parties not later than the date of filing in the registry. "."
S.
118. in article 548 of the Code, replaced by the Act of 12 March 1998, the words ", unless on the grounds that it sets out in its judgment, the Court deems harmful consignment for the statement," shall be inserted between the words "the applicant and" and the words "the parties".
S. 119. article 590, paragraph 1, of the same Code, replaced by the law of 8 August 1997 and as last amended by the Act of May 5, 2014, is complemented by the 19 ° as follows: "19 ° decisions recognizing the extinction of public action in application of article 216bis, § § 2 2".
S. 120. in article 594 of the same Code, replaced by the law of 8 August 1997 and as last amended by the Act of April 10, 2014, 3 ° is supplemented by the words "or noting the extinction of public action in application of article 216bis, § 2".
CHAPTER 3. -Amendments to the law of October 4, 1867, extenuating circumstances art. 121. in article 2 of the Act

on October 4, 1867, extenuating circumstances, replaced by the law of December 21, 2009 and amended by laws of December 27, 2012 and January 14, 2013, paragraph (3) is repealed.
S. 122. in article 3, paragraph 3, of the Act, replaced by the law of 1 February 1977 and amended by the law of 11 July 1994 and June 8, 2008, the words "and can be under article 2, paragraph 3" are repealed.
S. 123. in article 5 of the same Act, amended by the acts of July 11, 1994, and June 8, 2008, paragraph (2) is repealed.
CHAPTER 4. — Amendment of order No. royal, 236 to January 20, 1936, simplifying some forms of criminal proceedings in respect of inmates s.
124. at article 2 of royal decree No. 236 of January 20, 1936, simplifying certain forms of criminal procedure regarding the detainees, as amended by the royal decree of December 28, 2006 and the Act of December 19, 2014, the following changes are made: 1 ° in the paragraph 1, the words "and is not holder of the amount required to cover the costs of the Act of usher" are repealed;
2 ° in paragraph 2, the phrase "Mention is made in this report of the fact that the opponent is not holder of the amount required to cover the costs of the Act of usher."
is repealed.
CHAPTER 5. -Changes of Code judicial s. 125. article 40, paragraph 2, of the Judicial Code amended by the law of October 19, 2015, the following sentence is added: "the meaning by the Crown to the public prosecutor deemed accomplished by the affixing on the Act, mentions giving certain date by a clerk of a court or a court.".
S.
126. in article 57, paragraph 2, of the same Code, as amended by the law of October 19, 2015, the words "or, where appropriate, the Prosecutor of the King" are replaced by the words "or the meaning by the Crown to the Crown".
CHAPTER 6. -Amendments to the remand Section 1st Act of 20 July 1990. -Provisions amending art.
127. at article 20, § 6, paragraph 2, of the pre-trial detention Act of 20 July 1990, inserted by the law of 12 January 2005, the following changes are made: 1 ° the words "and the appeal is introduced in accordance with article 31" are repealed;
2 ° paragraph is supplemented by the following sentence: "the decision on appeal is likely to no immediate appeal.".
S. 128 A section 22 of the Act, as amended by the law of December 27, 2012, the following changes are made: 1 ° in the paragraph 1, the words "or, from the third decision, every two months" shall be inserted between the words "month to month" and the words ", on the continued detention";
2 ° paragraph 2 is replaced by the following: 'From the third decision, the order for continued detention concerning the modality of execution thereof and preventive form a title of deprivation of liberty for two months.';
3 ° paragraph 8, beginning with the words "where an order is made pursuant to paragraph 2" and ending with the words "certified by the Registrar;
is repealed.
S. 129. article 22A of the Act, inserted by the law of 31 May 2005 and amended by laws of December 30, 2009 and December 27, 2012, is hereby repealed.
S. 130. in article 23 of the Act, as amended by laws of May 31, 2005 and December 27, 2012, the words "articles 21, 22 and 22A" are replaced by the words "articles 21 and 22".
S. 131 article 24A of the Act, inserted by the Act of 27 December 2012 and amended by the Act of April 25, 2014, is supplemented by paragraph 3 as follows: "§ § 3 3" In the event of continuation of detention under electronic monitoring, in accordance with article 26, § 3, paragraph 2, the competences referred to in paragraphs 1 and 2 are carried out exclusively at the request of the public prosecutor, by the courts referred to in article 27, § 1.
The request is lodged at the registry of the Court which must decide and recorded in the register provided for this purpose. It is held on this motion in the Council Chambers within five days of its submission, the Crown, the person concerned and his Council heard, and it is given notice to the latter in accordance with article 21, § 2.
If no decision was taken on the request within that period of five days, possibly extended in accordance with article 32, the pre-trial detention continues to be executed under electronic surveillance.
The decision is motivated in accordance with article 16, § 5, paragraphs 1 and 2. "."
S.
132. at section 26 of the Act, as amended by the law of 11 July 1994, August 4, 1996 and December 21, 2009, the following changes are made: 1 ° paragraph 3 is supplemented by a paragraph worded as follows: "If the accused is in detention under electronic monitoring, the room of the Council may, by reasoned decision, maintain preventive detention under electronic monitoring.";
2 ° paragraph 5 is supplemented by a paragraph worded as follows: "where applicable, paragraph 4 shall apply.".
S. 133. article 27 of the same Act, amended by law of 11 July 1994, 12 March 1998 and 30 June 2000, is completed with paragraph 4 as follows: "§ § 4 4" In case of rejection of the request for provisional release, a new query may not be commenced after the expiration of a period of one month from the rejection. "."
S. 134. in article 28, paragraph 2, of the Act, the words "§ 1, 1 °"are replaced by the words"§ 1, 1 ° and 2 °".
S. 135. at section 29 of the Act, the following amendments are made: 1 ° the words "and the criminal proceedings" shall be inserted between the words "by the statement" and the words "can be made later';
2 ° the words "or that it is registered to a new address in the national register" shall be inserted between the words "addressed to the Crown" and ", the convocations and the meanings are held properly".
S. 136. at section 30 of the Act, as amended by the law of December 27, 2012, the following changes are made: 1 ° in the paragraph 1, the word ", 22A" is repealed;
2 ° in paragraph 4, paragraph 1, the word ", 22A" is repealed;
3 ° in paragraph 4, paragraph 1, the words ", or for three months from the decision, if it is an appeal from an order under articles 22, paragraph 2, and 22A" are replaced by the words "if it relates to the first or the second order of the Chamber Council or for two months from the decision if it relates to a subsequent order."; ""
4 ° in paragraph 4, paragraph 2, the words "one month" shall be replaced by the words "two months";
S. 137. in article 31, paragraph 2, of the Act, as amended by the Act of 11 July 1994, 'These decisions' shall be replaced by the words "these decisions are likely to no immediate appeal, with the exception of the judgments of the House of indictments on the appeal against the decisions referred to in article 21, § 1, paragraph 2" ", which".
S. 138. in article 32 of the same law, "22, 25" shall be replaced by the words "22, 24A, § 3, 25".
S.
139. article 33, § 2, paragraph 3, of the Act is supplemented by the following sentence: "They are likely to appeal in cassation provided that the appeal is also made against the decision of condemnation.".
Section 2. -Disposition transitional art. 140. the decisions of continued preventive detention in accordance with article 22, paragraphs 1 and 2, of the Act of 20 July 1990 on pre-trial detention and article 30, § 4, of the Act, taken prior to July 1, 2016 shall remain applicable during the term for which they were spoken.
Articles 22, paragraph 8, and 22A of the Act remain in force as a transitional measure for the decisions of continued preventive detention taken prior to July 1, 2016, in accordance with article 22, paragraph 2, of the Act.
Section 3. -Provision of entry into force art. 141. articles 128 to 130, 136 and 140 come into force July 1, 2016.
CHAPTER 7. -Modification of the article European arrest warrant Act of 19 December 2003 142. in article 13 of the European arrest warrant Act of 19 December 2003, paragraph 4, repealed by the Act of April 25, 2014, is restored in the following wording: "§ § 4 4" The decision of the Prosecutor of the King to run the European warrant under subsection 3 is the title of detention until the effective surrender of the person to the issuing State.
The Prosecutor of the King may, under the conditions referred to in article 11, §§ 4 and 5, provide for release under conditions or the person concerned until the effective surrender of the person to the issuing State bail. "."
CHAPTER 8. -Provisions relating to the entry into force art. 143. articles 73 to 76, 79, 83-85, 88 to 90, 92 to 94 and 114 of this title take effect March 1, 2016.
Article 83 shall apply to default that part after February 29, 2016.
Article 121 shall apply to cases that have not yet been taken under advisement as to the rules of the procedure by the Chamber of indictments at the date of the entry into force of this section.
TITLE 4. -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.
144. in the external Dutch version of articles 5, 7, 16 and 95/11 of the law of 17 May 2006 relating to the legal status of persons sentenced to deprivation of liberty and rights recognized

to the victim under the modalities of execution of the sentence, the word "verontrusten" is every time replaced by the words "lastig vallen".
S. 145 A section 12 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "or if it appears in the head of the condemned a contraindication that did not exist at the time of the granting of permission to exit," shall be inserted between the words "a certain periodicity", and the words "the Minister";
2 ° in paragraph 2, the words "or if it appears in the head of the condemned a contraindication that did not exist at the time of the granting of prison leave," shall be inserted between the words "prison leave", and the words "the Minister";
3 ° article 12 is supplemented by paragraph 3 as follows: "§ § 3 3" If the convicted person no longer meets the conditions of time for a decision to grant a permission of output with a certain periodicity or prison leave, the Minister or his delegate shall revoke the decision. "."
S. 146. article 20 of the Act is renumbered as section 19/1.
S. 147. in title IV of the Act, it is inserted an IVA chapter entitled "Provisions common to chapters I, II, III and IV".
S. 148. in chapter IVbis, inserted by article 147 article be inserted a 20 as follows: "article 20. the permission of exit referred to in article 4, § 3, prison leave and the interruption of the execution of the sentence are not granted if it appears a notice by the Office for foreigners that the convicted person is not authorized or entitled to stay in the Kingdom. "."
S. 149. at article 20/1 of the Act, inserted by the law of March 15, 2012, the following changes are made: 1 ° in the paragraph 1, the word "two" is replaced by the word 'six';
2 ° article 20/1 is supplemented by two paragraphs worded as follows: "If the convict returns to Belgium in the two years following his release by the Minister without being in good standing with the legislation and regulations relating to access, residence or establishment in the Kingdom, the King's attorney the Court in the jurisdiction of which the sentenced person is located may order the provisional arrest of it. The Prosecutor shall immediately communicate its decision to the Minister or his delegate.
The Minister or his delegate shall take a decision for the implementation of the remaining part of the sentences within seven days following the provisional arrest of the person sentenced. This decision shall be communicated in writing within a period of one working day to the convicted person, the Prosecutor and the Director. "."
S. 150. in article 21, § 1, of the Act, the word "twelve" is replaced by "sixteen".
S. (151. in article 25, § 2, of the Act, as amended by the laws of the 17 March 2013 and April 10, 2014, the following changes are made: 1 ° c), "custodial sentence of thirty years or deprivation of liberty in perpetuity" shall be replaced by the words "lesser penalty of thirty to forty years in prison an imprisonment of thirty years or more, or a life imprisonment;"
2 ° in d), the words "custodial sentence of thirty years or deprivation of liberty in perpetuity" are each time replaced by the words 'correctional penalty of thirty to forty years in prison, to an imprisonment of thirty years or more or a life imprisonment';
3 ° in the e), the words "custodial sentence of thirty years or deprivation of liberty in perpetuity" are replaced by the words 'correctional penalty of thirty to forty years in prison, to an imprisonment of thirty years or more or a life imprisonment'.
S.
152. in title V of the Act, it is inserted an IIbis chapter entitled "Provisions common to chapters I and II".
S. 153. in chapter IIbis, inserted by article 152 article be inserted a 25/2 as follows: "article 25/2. Limited detention, electronic monitoring and parole are not granted if it appears a notice by the Office for foreigners that the convicted person is not authorized or entitled to stay in the Kingdom. "."
S. 154. in title V, chapter III, of the same Act, it is inserted an article 25/3 as follows: "article
25/3. § 1. Provisional release to the remoteness of the territory is a mode of execution of the penalty of deprivation of liberty which the condemned, for whom it is a notice of the Aliens Office is not authorized or entitled to stay in the Kingdom, undergoes his sentence outside the prison in a country other than the Belgium subject to compliance with conditions imposed during a test period determined.
§ 2. Provisional release for remission is granted to the offender which, on the basis of an enforceable judgment or an enforceable title must be transferred to another country. "."
S. (155. in article 26, § 2, of the Act, as amended by laws of March 17, 2013 and April 10, 2014, the following changes are made: 1 ° c), "custodial sentence of thirty years or deprivation of liberty in perpetuity" shall be replaced by the words "lesser penalty of thirty to forty years in prison an imprisonment of thirty years or more, or a life imprisonment;"
2 ° in d), the words "custodial sentence of thirty years or deprivation of liberty in perpetuity" are each time replaced by the words 'correctional penalty of thirty to forty years in prison, to an imprisonment of thirty years or more or a life imprisonment';
3 ° in the e), the words "custodial sentence of thirty years or deprivation of liberty in perpetuity" are replaced by the words 'correctional penalty of thirty to forty years in prison, to an imprisonment of thirty years or more or a life imprisonment'.
S. 156. article 37 of the same Act is supplemented by a paragraph as follows: "the decision to adjourn is scope in writing to the attention of the Director if the convicted person is in detention.".
S.
157. article 43 of the Act is replaced by the following: 'article 43 § 1.
If the request condemned prison leave in its application of limited detention or electronic monitoring, judge of the penal enforcement statue thereon at the time of the granting of limited detention or electronic monitoring.
§ 2. If the convicted person requests prison leave after the granting of limited detention or electronic monitoring, the written request is lodged at the registry of the prison.
The prison registry forwards the request written to the registry of the Court of the application of the penalties in the working day and provide a copy to the Director.
The Director shall formulate an opinion on the leave address proposed at the latest within six weeks of receipt of the written request of the convicted person. The Director may load the houses of Justice Service write a short information report or conduct a social investigation in the foster care proposed by the convict to prison leave.
The opinion of the Director is addressed to the registry of the Court of the application of punishments, and a copy is sent to the public prosecutor and the convicted person.
Within a period of one working day after receipt of the notice, the Crown wrote a reasoned opinion, transmits it to the application judge sentences and furnishes a copy of the sentenced person and the Director.
Of the penal enforcement judge takes a decision within seven days of receipt of the opinion of the Director.
Articles 39 and 40 shall apply.
§ 3. Of the penal enforcement judge fixed the duration of prison leave, which may not be less than three times thirty-six hours per quarter. Prison leave is renewed automatically each quarter.
§
4. Article 46 shall apply. "."
S. 158. in article 46, § 2, second indent, of the Act, in article 58, paragraph 2, second indent, of the Act, in section 68, § 7, second indent, of the Act, in section 78, § 6, second indent, of the Act, in article 95/7, § 4, second indent, of the Act, inserted by the Act of April 26, 2007, in article 95/14 ", § 5, of the Act, inserted by the Act of April 26, 2007, in article 95/16, § 5, third paragraph, of the Act, inserted by the Act of April 26, 2007, and in article 95/30, § 6, third paragraph, second indent, of the Act, inserted by the Act of April 26, 2007,"Bank national database referred to in article 44/4 of the Act of 5 August 1992"are each time be replaced by the words" national database referred to in article 44/2 of the Act of 5 August 1992 ".
S.
159 A section 47 of the Act, as amended by laws of December 14, 2012 and December 15, 2013, the following changes are made: 1 ° in paragraph 1, the first sentence is supplemented by the words "to which the fixing of conditions can respond";
2 ° in paragraph 2, the first sentence is supplemented by the words "to which the fixing of conditions can respond";
3 ° in the paragraph 2, 1 is repealed.
S.
160. article 52 § 1, paragraph 2, of the Act is replaced by the following: "the place, day and time of the hearing shall be notified by pli recommended mailed to the offender and the victim and communicated in writing to the Director.".
S. 161. in article 55 of the Act, the following amendments are made: a) in 2 °, the words "and for provisional release to the remoteness of the territory" shall be inserted between the words "detention limited," and the words ", have a fixed address".
(b) article is supplemented by the

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 Court of enforcement of sentences.".
S. 162. in article 58, § 1, paragraph 1, of the same law, "by judicial fold" shall be replaced by the words "by registered mail at the post office".
S. 163. article 59 of the Act is supplemented by two paragraphs worded as follows: "these terms of execution of sentences, with the exception of the permission of exit referred to in article 4, § 2, are not granted if it appears a notice by the Office for foreigners that the convicted person is not authorized or entitled to stay in the Kingdom."
Articles 64, 67, 68 and 70 shall apply. "."
S. 164. in article 60, paragraph 4 of the same Act inserted by the law of March 15, 2012, the word "ten" is replaced by the word "twenty".
S. 165a article 61, § 2, of the Act, as amended by the Act of 27 December 2006, the following changes are made: 1 ° in the paragraph 1, the words "by judicial fold" are each time replaced by the words "by registered mail";
2 ° paragraph 2 is replaced by the following: "the place, day and time of the hearing shall be notified by pli recommended mailed to the offender and the victim and communicated in writing to the Director.".
S. 166. article 64 of the Act, as amended by law of June 8, 2008 and April 25, 2014, is complemented by the 7 ° and 8 ° written as follows: "7 ° if the convicted person is no longer in the weather conditions for the execution of the given sentence modality;
8 ° if, after the grant of bail to the remoteness of the territory, the sentenced 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 leave of the Court of the application of the penalties referred to in article 55, 4 °. ".
S. 167. in article 66 of the same Act, a 2/1 paragraph worded as follows is added: "§ 2/1. In the event of suspension, the application judge sentences or the enforcement court sentences may grant a permission to release in accordance with articles 4 and 5 or leave prison in accordance with articles 7 and 8, unless it is of an opinion from the Office of the foreigners that the convicted person is not authorized or entitled to stay in the Kingdom. "."
S.
168A section 67 of the Act, the following amendments are made: 1 ° in paragraph 1, the second sentence is supplemented by the words "or grant another modality of execution of the sentence".
2 ° in paragraph 1, the third sentence is supplemented by the words "or on the new modality of execution of the sentence".
3 ° in paragraph 2, the words "or to grant another modality of execution of the sentence" shall be inserted between the words "additional terms" and the words ", it sets".
S. 169 A section 68 of the Act, as amended by laws of December 27, 2006 and December 15, 2013, the following changes are made: 1 ° in the paragraph 1, paragraph 2, the words "by legal fold' are replaced by the words"by registered mail";
2 ° in operative paragraph 5, paragraph 2, the words "and a bail in view of removal from the territory"are inserted between the words "parole" and the words ", the judge";
3 ° paragraph 5 is supplemented by two paragraphs worded as follows: "except in the case of a revocation in accordance with article 64, 1 °, the tribunal of fixed penalties applying in his judgment the date on which the convicted person may submit a new application.
This period shall not exceed six months from the judgment when the convicted person undergoes one or more imprisonment correctional principal not exceeding five years in total. This period is up to one year in the case of criminal penalties or when the main correctional imprisonment total is greater than five years.
This period is six months and eighteen months if the matter concerns a sentence of deprivation of liberty for thirty years or more or a deprivation of liberty in perpetuity, with a sentence made available to the Court of enforcement penalties in accordance with article 34ter or 34quater of the Criminal Code. "."
S. 170 A section 71 of the Act, as amended by the laws of the December 27, 2006, March 17, 2013 and December 15, 2013, the following changes are made: 1 ° in paragraph 2, the words "or the bail for the purpose of removal from the territory or to the rehabilitation" shall be inserted between the words "parole" and the words "became enforceable";
2 ° in paragraph 4, the words "custodial sentence of thirty years or deprivation of liberty in perpetuity" are replaced by the words 'correctional penalty of thirty to forty years in prison, to an imprisonment of thirty years or a life imprisonment'.
S.
171 A section 74 of the Act, as amended by laws of December 27, 2006 and December 15, 2013, the following changes are made: 1 ° in paragraph 2, paragraphs 1 and 2 shall be replaced by the following: "the application is submitted to the Director. It collects without delay and at the latest within seven days the opinions of the doctors mentioned in paragraph 1. The registry of the prison shall immediately forward the request, together with the opinions referred to paragraph 1, at the registry of the Court of enforcement of sentences and the Crown. ";
2 ° in paragraph 3, paragraph 1, the words "of the introduction of the request of the convicted person" are replaced by the words "the receipt of the dossier as determined in paragraph 2, paragraph 1" and "by judicial fold" shall be replaced by the words "by registered mail";
3 ° paragraph 4 is replaced by the following: "§ § 4 4" The judgment for the granting of provisional release for medical reasons shall be communicated to the following bodies and authorities:-to the head of the local police of the municipality where will be sentenced;
-in the national database referred to in article 44/2 of the Act of 5 August 1992 on police function;
-where appropriate, the Director of the House of justice of the judicial district of the place of residence of the convicted person. "."
S. 172. in the Act, it is inserted an article 75/1 as follows: "article 75/1. § 1.
Without prejudice to the application of article 20 of the Act of 5 August 1992 on the function of police, the public prosecutor is responsible for the control of the convicted person. If necessary, the wizard of justice is responsible for monitoring and control of all the conditions imposed on the convicted person by the judge of the penal enforcement.
§ 2. In the event of imposition of special conditions, the wizard of justice calls the convicted person immediately after the judgment became enforceable to communicate all relevant information to the proper conduct of release for medical reasons.
§
3. In the months of the granting of bail, the Wizard made justice report to the judge of the application of the penalties on the convicted person, then whenever it considers useful or that the enforcement judge invited him, and at least once every six months. This report contains all the relevant information the wizard of justice on the convicted person for the enforcement judge. The report contains at least an enumeration of all the conditions imposed on the convicted person and the extent in which they are met. Where appropriate, the wizard of justice proposes the measures it deems appropriate.
Communications between the enforcement judge and assistants of justice give rise to reports, of which a copy is forwarded to the public prosecutor. "."
S.
173. in the Act, it is inserted a section 75/2 as follows: "article 75/2. § 1. The judge of the enforcement of sentences may, at the request of the convicted person or the Crown, suspend, clarify or adapt one or more conditions imposed in the circumstances, without however strengthen or impose additional conditions.
The written request is lodged at the registry of the Court of the application of the penalties.
The registry of the Court of the enforcement of sentences shall promptly transmit a copy of this request in writing to the other party.
§ 2. If they have notes, the convicted person or the Crown communicate in writing, within seven days of receipt of the copy, to the judge of the enforcement of sentences.
If the judge considers it useful, he organized a hearing, which must take place no later than one month after receipt of the written request referred to in paragraph 1. The convicted person and his Council and that the public prosecutor are heard.
The judge of the enforcement of sentences may decide to hear also others.
The hearing is held in camera.
§ 3. Within fifteen days of receipt of the written request or, if a hearing has taken place, within fifteen days of the deliberate release, the enforcement judge shall render its decision. The judgment is notified by pli recommended mail to the convicted and brought to the knowledge of the public prosecutor in writing.
Changes are also transmitted to the authorities and bodies which, in accordance with article 74, § 4, must be made aware. "."
S.

174. in article 76 of the Act, amended by law of December 27, 2006 and 25 April 2014, including the current text will form the paragraph 1, the following changes are made: 1 ° in 3 °, second sentence, the words "ex officio or at the request of the public prosecutor," are inserted between the words "may load," and the words "at any time";
2 ° article is supplemented by a paragraph 2, to read as follows: "§ § 2 2" In the cases referred to in paragraph 1, of the penal enforcement judge may review the conditions imposed on provisional release for medical reasons. In this case, the judge of the enforcement of sentences may strengthen the conditions imposed or impose additional conditions. Provisional release for medical reasons is however revoked if the convicted person does not mark its agreement to the new terms. "."
S.
175 A section 78 of the same law, as amended by the law of December 15, 2013, the following changes are made: 1 ° in the paragraph 1, paragraph 1, "in the case provided for in article 76, 1 ° to 3 °" shall be replaced by the words "or a revision of the conditions for the cases foreseen in article 76, § 1, 1 ° to 3 °";
2 ° in the paragraph 1, paragraph 2, the words "by legal fold' are replaced by the words"by registered mail";
3 ° paragraph 4 is supplemented by a paragraph worded as follows: "If the sentences judge decides to strengthen the conditions imposed or impose additional conditions, it sets the time at which this decision becomes enforceable.";
4 ° in operative paragraph 5, paragraph 1, the words "by legal fold' are replaced by the words"by registered mail at the post office".
S. 176 A section 79 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "or the public Ministry" are inserted between the words "within the jurisdiction of which the sentenced person is located"and the words"may order";
2 ° in paragraph 4, paragraph 3, the words "article 78, § 5" are replaced by the words "Article 78, §§ 5 and 6".
S. 177. in section 80 of the Act, as amended by the Act of 27 December 2006, the first sentence is supplemented by the words "with a maximum of ten years".
S. 178. in article 83, § 1, paragraph 2, of the Act, the words "by legal fold' are replaced by the words"by registered mail at the post office".
S. 179. in section 86 of the Act, the words "by legal fold' are replaced by the words"by registered letter at the post office".
S. 180. in article 89, § 1, of the Act, paragraph 2 is replaced by the following: "the place, day and time of the hearing shall be notified by registered mail to the offender and the victim and, if the convicted person is in detention, communicated in writing to the Director.".
S. 181. in article 95, paragraph 1, of the Act, the words "by legal fold" are replaced by the words "by registered mail at the post office".
S. 182. in article 95/3, § 2, paragraph 3, of the Act, inserted by the Act of April 26, 2007, the words "in articles 372, 373, paragraphs 2 and 3, 375, 376, paragraphs 2 and 3, or 377, paragraphs 1, 2, 4 and 6 of the penal Code" shall be replaced by the words "in articles 372-378 of the Criminal Code, or for acts referred to in articles 379-387 of the Penal Code if they have been committed on the person of minors or with their participation".
S.
183. in article 95/5, § 2, of the Act, inserted by the Act of April 26, 2007, 1st paragraph is replaced by the following: "the place, day and time of the hearing shall be notified by registered mail to the offender and the victim and, if the convicted person is in detention, communicated in writing to the Director.".
S. 184. in article 95/12, § 2, of the Act, inserted by the Act of April 26, 2007, a paragraph worded as follows shall be inserted between paragraphs 3 and 4: "article 31 is application.".
S. 185. in article 95/16 of the same Act, inserted by the Act of April 26, 2007, and amended by the law of December 15, 2013, the following changes are made: 1 ° in paragraph 2, 'article 66' shall be replaced by the words 'article 66, §§ 2 and 3';
2 ° in operative paragraph 5, paragraph 1, the words "by legal fold' are replaced by the words"by registered mail at the post office".
S. 186. article 95/21, paragraph 1, of the Act, inserted by the Act of April 26, 2007, is supplemented by the following sentence: "the deprivation of liberty of the convict made available is maintained when there is a risk in his head that he will commit serious offences infringing bodily or psychic of third parties and that it is not possible to compensate by imposing special conditions as part of a release under supervision. '.
S. 187. in article 95/23, § 1, of the Act, inserted by the Act of April 26, 2007, paragraph 3 is replaced by the following: "the place, day and time of the hearing shall be notified by pli recommended mailed to the offender and the victim and communicated in writing to the Director.".
S. 188. in article 95/24, § 1, of the Act, inserted by the Act of April 26, 2007, the words "subject of" shall be replaced by the words "without prejudice of".
S. 189 A article 95/27 of the same Act, inserted by the Act of April 26, 2007, and amended by the Act of April 25, 2014, the following changes are made: 1 ° in paragraph 1, the words "revocation or suspension" are replaced by the words "the revocation, suspension or review";
2 ° paragraph 3 is replaced by the following: "article 68, §§ 1 to 4, and 70 shall apply.".
S. 190. in article 95/30 of the same Act, inserted by the Act of April 26, 2007, and amended by the law of December 15, 2013, the following changes are made: 1 ° in the 1st paragraph, paragraph 2 is replaced by the following: "the place, day and time of the hearing are notified by fold recommended mailed to the offender and the victim and brought to the knowledge of the Director in writing.";
2 ° in operative paragraph 6, paragraph 1, the words "by legal fold' are replaced by the words"by registered mail at the post office".
S. 191. in section 96 of the Act, as amended by laws of April 26, 2007 and March 17, 2013, the following changes are made: 1 ° in the paragraph 1, the words "and to the revision of the specific conditions," are repealed;
2 ° in the paragraph 1, the words "or revocation" are replaced by the words ", to the revision or revocation".
3 ° in paragraph 2, b), the words "and the revision of the specific conditions" are repealed;
4 ° in paragraph 2, b), the words ", revision" are inserted between the words "refusal" and the words "or to the"; "
5 ° in paragraph 2, c), the words "and the revision of the specific conditions" are repealed;
6 ° c in paragraph 2, c), the words ", revision" shall be inserted between the words "denial" and the words "or to the";
7 ° in paragraph 2, d), the words "and the revision of the specific conditions" are repealed;
8 ° in paragraph 2, d), the words ", revision" shall be inserted between the words "denial" and the words "or to the";
9 ° in paragraph 2, e), the words "and the revision of the specific conditions" are repealed;
10 ° in paragraph 2, e), the words ", revision" are inserted between the words "denial" and the words "or to the";
11 ° in paragraph (2), f), the words ", and to the revision of the specific conditions" are repealed;
12 ° in paragraph (2), f), the words ", revision" shall be inserted between the words "denial" and the words "or to the".
S. 192. in article 97, § 1, paragraph 2, of the Act, amended by the law of February 6, 2009 and December 19, 2014, the word 'fifteen' is replaced by the word "five".
TITLE 5. -Amendments to various provisions Chapter 1. -Judicature Act Section 1st. -Changes of Code judiciary art. 193. in article 115, paragraph 3, of the Judicial Code, inserted by the law of 16 July 1993, the words "the Court of appeal, acting in general meeting on the requisitions of the Attorney general or heard judge, may" are replaced by the words "the first president of the Court of appeal may, on the requisitions of the Attorney general or the judge heard".
S.
194. at article 120 of the same Code, as amended by the laws of the November 13, 1987, July 9, 1997 and December 21, 2009, the following changes are made: 1 ° in the paragraph 1, the words "a member of the Court of appeal or a member of the Court of Appeal allowed to retire because of his age who has not yet reached the age of 70 years" shall be replaced by the words "a member of the Court of appeal a member of this Court allowed to retire because of his age and has not yet reached the age of 73, or a member of this Court that his request is allowed to retire before the legal age and who also was allowed to bear the honorary title of its functions".
2 ° in paragraph 3, the words "among the members of this Court or a member of the Court of Appeal allowed to retire because of his age who has not yet reached the age of 70 years" are replaced by the words "among the members of this Court, the members of this Court allowed to retire because of their age and who have not yet reached the age of 73 or the members of this Court that to" their application are allowed before retired legal age and who also were allowed to carry the honorary title of their functions".
S.
195. in article 121 of the Code, replaced by the law of December 21, 2009, and amended by the law of July 19, 2012, a paragraph worded as follows is inserted between paragraphs 1 and 2: "they may also be appointed by the first president of the Court of appeal in consultation with the chairpersons

Court of first instance concerned among the vice-presidents and judges allowed to retire because of their age and that have not reached the age of 73 or that at their request were allowed to retire before the legal age and who also were allowed to carry the honorary title of their duties. "."
S. 196a article 122 of the same Code, replaced by the law of December 21, 2009, the following amendments are made: 1 ° the current text, which will form the paragraph 1, is replaced by the following: "in exceptional circumstances related to the Organization of the courts and tribunals, on the requisition of the Attorney general, the first president of the Court of appeal may decide that one or more members of the court designated by him will fill the duties of assessor or assessor substitute instead of the members of the Court of first instance. ";
2 ° article is supplemented by a paragraph worded as follows: "assessors and alternate assessors may also be appointed by the first president of the Court of appeal among the members of this Court allowed to retire because of their age and who have not yet reached the age of 73 or that at their request are allowed to retire before the legal age and who also were allowed to wear the title of their functions. "."
S. 197. article 162, paragraph 2, of the same Code, replaced by the Act of April 25, 2007, is complemented by five paragraphs worded as follows: "by reasoned individual order and after the positive opinion of the competent public prosecutor, the commanding officer may assign the exercise of all powers of the Crown Prosecution lawyers appointed definitively designated near the general prosecutor's office the general prosecutor's office, the federal prosecution, prosecutors or the auditor's office's work, to the extent where they warrant a seniority of two years minimum as a lawyer in the judicial order.
Prosecution lawyers referred to in section 3 may exercise public before the police court action, unless it relates to offences in article 419, paragraph 2, of the penal Code.
Are excluded:-competence related to the exercise of public action in the courts of Assize, the correctional Chambers of courts of appeal and the correctional courts;
-the expertise of the Crown under the preventive detention Act of 20 July 1990;
-the right of action to impose measures on the basis of acts classified as offences before Chambers of the youth of the appellate courts or the juvenile court.
Skills that can be exercised only by the parquet magistrates who have trained for this purpose special prescribed by law may be exercised by the prosecution lawyers, provided that they have followed the same formation.
The services actually provided as a contract lawyer are taken into account for the calculation of seniority. This attribution of powers may be withdrawn at any time by the commanding officer. The lawyer of parquet is placed under the authority and supervision of his commanding officer and shall exercise the powers assigned to it under the responsibility of one or several judges. "."
S. (198. in article 223, paragraph 1, 2 °, d), of the same Code, replaced by the law of December 21, 2009, 'the judicial districts of Eupen and Verviers' shall be replaced by the words 'the judicial arrondissement of Eupen and the townships of Limburg-Aubel, Spa-Malmedy-Stavelot, Verviers-Hervé and Verviers'.
S. 199. in article 226, paragraph 2, of the same Code, inserted by the Act of March 24, 1980 and amended by the Act of September 23, 1985, 'the judicial districts of Eupen and Verviers' shall be replaced by the words 'the judicial arrondissement of Eupen and the townships of Limburg-Aubel, Spa-Malmedy-Stavelot, Verviers-Hervé and Verviers'.
S. 200. in article 229, paragraph 3, of the same Code, replaced by the Act of September 23, 1985, the words "the districts of Eupen and Verviers' are each time replaced by the words"of the judicial arrondissement of Eupen and Verviers and the townships of Limburg-Aubel, Spa-Malmedy-Stavelot, Verviers-Hervé".
S. 201. article 237 of the same Code, as last amended by the law of July 19, 2012, is supplemented by a paragraph as follows: "in accordance with article 115, paragraph 3, the draw of the jurors is done in the final list of the judicial district where the session of the Court of Assizes by this decision opens. Where appropriate, the additional draw referred to in article 238, paragraph 2, is done in the final list of jurors. "."
S. 202A article 259quater, § 5, of the same Code, inserted by the law of December 22, 1998 and replaced by the law of May 8, 2014, the following changes are made: 1 ° 1st paragraph is supplemented by the following sentence: "if necessary, designation in the mandate of federal prosecutor also gives rise to a simultaneous subsidiary designation, in excess, as a federal judge.";
2 ° paragraph 5 is supplemented by a paragraph worded as follows: "no later than six months before the end of his mandate, or in the month before the end of its mandate if it has not been renewed, the federal prosecutor informed the Minister of Justice if he chooses to return to the function to which he had been appointed in last place and in accordance with article 7" where appropriate with the Deputy mandate to which he had been appointed, or to exercise its mandate of federal magistrate. "."
S. 203. in article 259sexies, § 2, of the same Code, inserted by the law of December 22, 1998, and as last amended by the Act of 13 June 2006, paragraph 4 is replaced by the following: "the youth liaison magistrates and judges to support are designated for a period of five years, which, after evaluation, may be renewed twice. Federal judges are appointed for a period of five years, which, after a positive assessment, may be renewed each time for five years.
After two renewals, the mandate of federal magistrate may be renewed only after a positive complementary opinion of the College of Prosecutors General. "."
S. 204. in book II, title 1st, of the same Code, there shall be inserted a chapter VI entitled "judges mandated to fulfill a mission within the framework of Eurojust".
S. 205. in chapter VI, inserted by article 204 article be inserted a 309ter as follows: "article 309ter. § 1. The Minister of Justice refers to on advice of the federal prosecutor and the Attorney general who has international relations in its attributions, among federal judges, the Belgian member of Eurojust and the Assistant to the Belgian member of Eurojust.
The designations are valid for a period of five years and may be renewed on advice of the federal prosecutor and Attorney who has international relations in charge.
However, if the Belgian member is in the position of president or vice-president of Eurojust, its designation is worth at least until the end of his term as president or Vice President.
Assistant to the Belgian member of Eurojust can replace the latter.
The Belgian member of Eurojust performs its function at the headquarters of Eurojust.
The Assistant may perform his duties at the headquarters of Eurojust decision of the Minister of Justice after consulting the federal prosecutor and the Attorney general who has international relations in charge.
The Assistant however exercises its functions at headquarters of Eurojust when the Belgian member of Eurojust is in the position of president of Eurojust.
§ 2. For the duration of their appointment, magistrates referred to in paragraph 1 shall retain their status as federal magistrate and continue to enjoy treatment linked to this function and increases and benefits y thereto, with the exception of articles 355bis, § 2, and 357, § 4, paragraph 5.
They remain as federal judges subject to the assessment referred to in article 259undecies.
§
3. Magistrates referred to in paragraph 1 can perform their duties of federal magistrate under the authority and supervision immediate federal prosecutor.
By way of derogation from paragraph 1, when the Belgian member holding the Presidency or Vice-President of Eurojust, article 28, 3 of the Council decision 2002/187/JHA of 28 February 2002 setting up Eurojust to strengthen the fight against the serious forms of crime applies.
§ 4. Without prejudice to the assessment referred to in article 259undecies, the College of Prosecutors General evaluates on the basis of the reports of the Belgian member and after the hearing, how it is implementing the criminal policy directives and shall exercise its powers in respect of the tasks and the objectives of Eurojust. This evaluation is integrated in the report referred to in article 143bis, § 7.
To this end, the Belgian member of Eurojust transmits the Minister of Justice, the federal prosecutor and the Attorney general who has international relations in charge a detailed bimonthly activity report on its activities within Eurojust. "."
S. 206. in the same chapter VI, it is inserted an article 309quater as follows: "article 309quater. the Minister of Justice refers to the Belgium to Eurojust national correspondents among federal judges, on the advice of the federal prosecutor.
In case of impediment of the Belgian member of Eurojust and the Assistant, the Belgium to Eurojust national correspondent shall exercise the powers of the Belgian member of Eurojust. "."
S. 207. in the same chapter VI, it is inserted an article 309quinquies as follows: "article 309quinquies. § 1. The Minister of Justice

means the Belgian member of the joint supervisory body referred to in article 23 of the decision of the Council 2002/187/JHA of 28 February 2002 setting up Eurojust to strengthen the fight against the serious forms of crime, among the members of the Commission for the protection of privacy.
§
2. The designation is valid for a period of five years which may be renewed twice.
§
3. The member designated within the joint supervisory body receives a token presence whose amount and licensing terms are determined by the King. "."
S. 208. in book II, title 1st, of the same Code, there shall be inserted a chapter VII entitled "Prosecution lawyer mandated to fulfill a mission within the framework of Eurojust".
S. 209. in Chapter VII, inserted by article 208 article be inserted a 309sexies as follows: "article 309sexies. § 1.
The Minister of Justice appointed as assistant to Eurojust, on the advice of the federal prosecutor and Attorney who has international relations in charge, a lawyer of Prosecutor's office assigned to the federal prosecution to assist the Belgian member and Assistant.
The wizard cannot replace neither the Member nor the Assistant.
The wizard can perform his duties at the headquarters of Eurojust decision of the Minister of Justice after consulting the federal prosecutor and the Attorney general who has international relations in charge.
§ 2. The lawyer of Prosecutor's office referred to in paragraph 1 continues to enjoy treatment linked to this function and increases and benefits y related.
The King fixed the wizard post adjustment. "."
S.
210. in article 309septies, § 2, of the same Code, inserted by the Act of April 10, 2014, the words ", by Decree deliberated in the Council of Ministers," are repealed.
S. 211. in article 363bis of the same Code, inserted by the Act of April 10, 2014 and replaced by the law of August 10, 2015, the word "309ter", is inserted between the word "309bis", and the word "323bis".
S. 212. at article 411, § 1, paragraph 4, of the same Code, replaced by the law of July 15, 2013, the following changes are made: 1 ° the word "309ter", is inserted between the "308" Word, and the word "323bis";
2 ° paragraph 4 is supplemented by the following sentence: 'the mandate of a non-magistrat appointed as assessor to the disciplinary tribunal or disciplinary appeal tribunal ends when the person concerned accept a mission referred to in articles 309sexies and 309septies.'.
Section 2. -Amendments to the Act of 21 June 2004 transposing the decision of the Council of the European Union of 28 February 2002 setting up Eurojust to strengthen the fight against the serious forms of crime art. 213. article 2 of the Act of 21 June 2004 transposing the decision of the Council of the European Union of 28 February 2002 setting up Eurojust to strengthen the fight against the serious forms of crime is replaced by the following: 'article 2. the Belgian Office of Eurojust is composed of a Belgian member, a Deputy of the Belgian member and an assistant to the Belgian member. They are designated pursuant to sections 309ter and 309sexies of the Judicial Code.
The Belgium to Eurojust national correspondents are designated in accordance with article 309quater of the Code.
The Belgian member of the joint supervisory body referred to in article 23 of the Council decision 2002/187/JHA of 28 February 2002 setting up Eurojust to strengthen the fight against the serious forms of crime is designated in accordance with article 309quinquies of the Code. "."
S. 214 articles 3 to 6 of the Act are repealed.
Section 3. -Amendment of the law of April 3, 1953 of judicial organization art. 215. in section 2 of the Act of April 3, 1953, of judicial organization, restored by Act of March 4, 1997, replaced by the law of June 21, 2001 and amended by laws of December 14, 2004 and December 30, 2009, "24" is replaced by the figure '28'.
Section 4. -Amendments to the Act of May 5, 2014 the confinement of persons art. 216. in Title VII, chapter IV of the internment of persons act of May 5, 2014, it is inserted an article 135/1 as follows: "article
135/1. An examination for recruitment of assessors in accordance with sentences and internment specialized clinical psychology full and alternate can be arranged in accordance with the royal decree of 2 October 2006 laying down detailed rules for examinations for the recruitment of the assessors in accordance with sentences in prison matters full and alternate and specializing in social rehabilitation full and alternate assessors , before the entry into force of article 196bis of the Judicial Code as amended by this Act. "."
S. 217. article 136 of the Act, as amended by the law of October 19, 2015, is replaced by the following: "this Act comes into force July 1, 2016, with the exception of: 1 ° article 6, § 1, paragraph 2, which shall enter into force on January 1, 2020;"
2 ° article 135/1 and this article which come into force the day of the publication of this Act in the Moniteur belge.
The King may set dates of entry into force earlier than those referred to in paragraph 1. "."
Section 5. -Provision repealing art. 218. the Act of December 17, 2002, awarding the title of general counsel to the Member of the public prosecutor representing the Belgium unit Eurojust and adjusting its financial situation is repealed.
Section 6. -Provisions transitional art. 219. § 1. The magistrates who were admitted to the pension on the basis of the law of May 15, 1984 of harmonisation measures in pension in the five years preceding the entry into force of this Act may within a period of six months after the entry into force of this Act apply to the Minister of Justice in order to be designated in accordance with articles 120 121 or 122 of the Judicial Code.
The Minister of Justice request, within thirty days after receipt of the request, the written reasoned opinion: 1 ° the first president of the Court of appeal.
2 ° where appropriate, the president of the Court of first instance where the applicant has exercised its last function;
§ 2. Opinions are forwarded to the Minister of Justice within thirty days of the request for an opinion referred to in paragraph 1 and releases within the same time limit to the applicant.
§ 3. The Minister of Justice shall transmit within seventy days from the request for an opinion the dossier to the commission appointment and competent designation referred to in article 259a-8 of the Judicial Code.
The presentation by the commission of appointment and appointment takes the form of a reasoned acceptance or refusal of the application for designation decision.
The submission is forwarded by the commission appointment and designation within a period of forty days from the request.
§ 4. The King has a period of 60 days from the receipt of the notice to make a decision and to communicate it to the applicant and the first president of the Court of appeal, as well as the Attorney general of the place where the oath is to be lent.
S. 220 § 1. The Belgian member to Eurojust, which has been designated on the basis of article 2 of the Act of 21 June 2004 transposing the decision of the Council of the Union European of 28 February 2002 setting up Eurojust to strengthen the fight against the serious forms of crime gets Office the specific mandate of federal magistrate, if any surplus, and completes its mission which began on May 30, 2002 and which has been extended twice for a period of five years.
§ 2. The Belgian member of the joint supervisory body referred to in article 23 of the decision of the Council 2002/187/JHA of 28 February 2002 setting up Eurojust to strengthen the fight against the serious forms of crime in office at the time of the entry into force of this Act completes its current mission.
§ 3. Pending the determination of the compensation of post by the King, an annual allowance of $ 20,000 is attributed to the Belgian member and the Deputy provided they perform their function at the headquarters of Eurojust. The allowance is paid monthly.
This allowance is related to the system of mobility applicable to payments of agents of the State on active service.
It is attached to the pivot 138.01 index.
CHAPTER 2. -Amendments to the provisions relating to the actors in the field of Security Section 1st. -Amendment of the organic law of 18 July 1991 the service control of police and intelligence and the coordinating body for the analysis of the threat article 221 A section 35, § 2, paragraph 1, of the organic law of 18 July 1991 the service control of police and intelligence and the coordinating body for the analysis of the threat, amended by the law of February 4, 2010 and January 6, 2014, the following changes are made: 1 ° the words "six months" shall be replaced by the word "annually".
2 ° the words ' article 16/2 and "are inserted between the words" on the application of "and the words" article 18/2 ";
3 ° the word "half" is replaced by the word "annual";
4 ° the words "as well as the security of the State and the general intelligence and Security Service" shall be inserted between the words "to the Ministers of Justice and defense" and the words ", which have the Faculty".
Section 2. -Amendments to the organic law of 30 November 1998 of the intelligence and security section services 222. in the organic law of 30 November 1998 of the intelligence and security services, it is inserted an article 16/2 as follows: "article
16/2. The intelligence and security services may, in the interest of the exercise of their tasks,

require the assistance of an operator or a provider of electronic communications services electronic communications networks to: 1 ° identification of the Subscriber or habitual user of a service of electronic communication or the electronic means of communication used;
2 ° identification of services and means of electronic communications to which a given person subscribes or which are usually used by a specific person.
The requisition is made in writing by the Department head or his/her delegate. In an emergency, the Department head or his/her delegate may require these data verbally. This verbal requisition is confirmed within 24 hours by a written requisition.
Any operator of a network of electronic communications and any provider of an electronic communications service which is required to give to the Chief of service or its delegate data requested within a period and in the manner to be determined by a royal decree made on the proposal of the Minister of Justice, the Minister of defence and the Minister who has the electronic in charge communications.
The head of Department or its delegate may, in compliance with the principles of proportionality and subsidiarity, and upon the registration of the consultation, also get the data referred through access to the files of clients of the operator or service provider. The King fixed, on the proposal of the Minister of Justice, the Minister of defence and the Minister that electronic communications in its attributions, the technical conditions to which this access is possible.
Any person who refuses to communicate the data so requested or provide the required access is punishable by a fine of twenty-six to ten thousand euros.
The intelligence and security services keep a record of all necessary identifications and all identifications obtained by direct access. The Standing Committee R receives each month from the intelligence service concerned a list of the required identification and access. "."
S. 223. in article 18/2, § 1, of the Act, inserted by Act of February 4, 2010, the following changes are made: a) 4 is replaced by the following: "4 ° identification or localization, using technical means, services and means of electronic communication to which a given person subscribes or which are usually used by a person determined;";
(b) there is inserted the 4 ° 1 worded as follows: "4 ° 1 the requisition of the operator of an electronic communications network or a provider of an electronic communications service to obtain data relating to the method of payment, identification of the means of payment and the time of payment of the subscription or use of the electronic communications service;".
S. 224. article 18/7, § 1, of the Act, inserted by the law of February 4, 2010, is replaced by the following: "§ 1." If this is of interest for the exercise of missions, the leader of the service may, by a written decision, print or have to: 1 ° identification or location, using technical means, services and means of electronic communication to which a given person subscribes or which are usually used by a person determined;
2 ° the requisition of the operator of an electronic communications network or a provider of an electronic communications service to obtain data for the method of payment, identification of the means of payment and the time of payment of the subscription or use of the electronic communications service. Intelligence and security service can also obtain the data referred through access to the files of clients of the operator or the service provider. "."
Section 3. -Amendments to the Act of 7 December 1998 organizing an integrated police service structured two-tier art. "225a article 118 of the law of 7 December 1998 organizing an integrated police service, structured on two levels, amended by law of December 28, 2006 and July 31, 2013, the following changes are made: 1 ° in the paragraph 1, the words"and article 138bis"shall be inserted between the words" of article 138, § 1, 3 ° and 4 ° 'and the words' (, the administrative and logistical framework";
2 ° in paragraph 4, the words "and article 138bis" are inserted between the words "in article 138, § 1, 3 ° and 4 °"and the words", can carry out missions of police".
S.
226. in the Act, it is inserted an article 138bis as follows: "article 138bis. § 1. Shall bear the quality of judicial police officer: the members of the administrative and logistic of the federal police and local police with at least a grade C level and designated, respectively, by the Director general of administrative police of the federal police or the commanding officer of the local police to make findings based on material evidence provided by appliances automatically in the presence or in the absence of an agent qualified, in accordance with article 62 of the law of March 16, 1968 on road traffic police.
§ 2. In order to perform their duties, the members of the personnel referred to in paragraph 1 take the oath referred to in article 137.
§
3. Paragraphs 2 and 3 of article 138, paragraph 2 also apply to them. "."
Section 4. -Amendment of the Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism article 227. in article 35, § 2, of the law of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism, as last amended by the Act of April 25, 2014, a paragraph worded as follows is inserted between paragraphs 2 and 3: ' paragraph 1 does not apply to communications made in the context of a mutual collaboration between " , on the one hand, the cell and, on the other hand, the security of the State, the general Service of intelligence and Security Forces and the coordinating body for the analysis of the threat, in the fight against terrorism, its financing and money laundering activities that could be related. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 5, 2016.
PHILIPPE by the King: the Minister of Justice, K. GARG the Minister of safety and Interior, J. ham the Minister of defence, S. van WYK sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 54-1418: 14 and 28 January 2016