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5 FEBRUARY 2016. - An Act to amend criminal law and criminal procedure and to make various provisions in the field of justice

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Amendments to criminal law
CHAPTER 1^er. - Amendments to the Criminal Code
Art. 2. Article 9 of the Criminal Code, replaced by the Act of 10 July 1996, is supplemented by the 5th drafted as follows: "5° 30 to forty years."
Art. 3. Article 11 of the same Code, replaced by the Act of 10 July 1996, is supplemented by the 5th drafted as follows: "5° thirty to forty years."
Art. 4. In article 18 of the same Code, replaced by the law of January 23, 2003, the words "or thirty years to forty years" are inserted between the words "from twenty years to thirty years" and the words "will be printed".
Art. 5. In article 19, paragraph 1^er, of the same Code, replaced by the law of 23 January 2003, the words "in detention from twenty years to thirty years or fifteen years to twenty years" are replaced by the words "or in detention from fifteen years to twenty years or for a higher term".
Art. 6. Paragraph 5, as amended by the Act of 21 December 2009, is replaced by the following:
"It is not more than twenty-eight years if it is a punishable crime of imprisonment from twenty years to thirty years that has been corrected.
It is not more than thirty-eight years if it is a punishable crime of imprisonment from thirty years to forty years that has been corrected.
It is not more than forty years if it is a punishable crime of life imprisonment that has been corrected.".
Art. 7. In section 31 of the same Code, last amended by the Act of 17 March 2013, the following amendments are made:
1° in paragraph 1^er, the words "All convictions for life imprisonment or imprisonment for a term of ten to fifteen years or a term of imprisonment" are replaced by the words "All judgments or judgments for life imprisonment or life imprisonment or imprisonment for a term equal to or greater than ten years or imprisonment for a term equal to or greater than twenty years";
2° in paragraph 2, the words "or judgments" are inserted between the words "The judgments" and the words "of condemnation".
Art. 8. Section 32 of the Code, as amended by the Acts of 23 January 2003 and 14 April 2009, is replaced by the following:
"Art. 32. Courts and tribunals may prohibit, in whole or in part, life imprisonment or for ten years to twenty years, the exercise of the rights referred to in section 31, sentenced to imprisonment for a term equal to or greater than five years but less than ten years, the time or imprisonment for a term equal to or greater than ten years but less than twenty years."
Art. 9. In section 33 of the same Code, as amended by the Act of 14 April 2009, the words "The courts and tribunals" are replaced by the words "Subject to the application of sections 31 and 32, the courts and tribunals".
Art. 10. In article 33bis of the same Code, inserted by the law of 14 April 2009, the words "The courts and tribunals" are replaced by the words "Subject to the application of articles 31 and 32, the courts and tribunals".
Art. 11. In article 34ter of the same Code, inserted by the law of 26 April 2007 and amended by the law of 25 April 2014, the words "to a criminal penalty" are replaced by the words "to a custodial sentence of at least five years".
Art. 12. In Article 37ter, § 1^erParagraph 2 is replaced by the following:
"The sentence of work cannot be pronounced for the facts:
1° that would be punished, if they were not transmuted into offences, with a maximum penalty of more than twenty years ' imprisonment;
2° referred to in Articles 375 to 377;
3° referred to in Articles 379 to 387, if the facts were committed on minors or by minors;
4° referred to in Articles 393 to 397. ".
Art. 13. Section 52 of the same Code is supplemented by a paragraph written as follows:
"Attempts for crimes punishable by life imprisonment or life imprisonment shall, however, be punished, respectively, by imprisonment from twenty years to thirty years or detention from twenty years to thirty years."
Art. 14. In section 56 of the same Code, the following amendments are made:
1° Paragraph 3, repealed by the Act of 9 April 1930, is reinstated in the following wording:
"Even in the cases referred to in paragraphs 1 and 2, if the new offence is a crime that has been corrected or for which the court of siege has admitted the existence of mitigating circumstances, the term of imprisonment shall not exceed that of the maximum penalty provided for by law for that crime or forty years if the sentence is life imprisonment. ";
2° the article is supplemented by a paragraph 4 written as follows:
"In no case may the sentence be more than one year of electronic supervision, three hundred hours of working sentence or two years of self-retained probation. ".
Art. 15. In section 60 of the same Code, replaced by the law of 1^er February 1977 and amended by the Act of 17 April 2002, the following amendments are made:
1° a sentence is inserted between the first and the second sentence, as follows:
"The sentence imposed may not exceed twenty years' imprisonment, the strongest sentence if it is more than twenty years' imprisonment. ";
2° in the second sentence, becoming the third, the words "twenty years imprisonment or" are repealed.
Art. 16. Article 69, paragraph 1^erthe same Code is supplemented by the following sentence: "They will, however, be punished by imprisonment from twenty years to thirty years or detention from twenty years to thirty years if they were complicit in a crime punishable by life imprisonment or life imprisonment."
Art. 17. In section 80 of the same Code, replaced by the Act of 11 December 2001, the following amendments are made:
1st paragraph 1^er is completed by the words "and not more than forty years. ";
2° Paragraph 2 is replaced by the following:
" The imprisonment of thirty years to forty years by the imprisonment of thirty-eight years or for a lower term or by imprisonment of at least three years and not more than thirty-eight years.
The imprisonment of twenty years to thirty years, imprisonment of twenty-eight years or for a lower term or imprisonment of at least three years and not more than twenty-eight years. ";
Paragraph 3, which becomes paragraph 4, is supplemented by the words "and not more than fifteen years. ";
Paragraph 4, which becomes paragraph 5, is supplemented by the words "and not more than ten years. ";
Paragraph 5, which becomes paragraph 6, is supplemented by the words "and not more than five years."
Art. 18. In section 81 of the same Code, replaced by the Act of 23 January 2003, the following amendments are made:
1st paragraph 1^er is completed by the words "and not more than forty years. ";
2° Paragraph 2 is replaced by the following:
"The penalty of detention from thirty years to forty years by the detention of thirty-eight years or for a lower term or by imprisonment of at least one year and not more than thirty-eight years.
The sentence of detention from twenty years to thirty years by the detention of twenty-eight years or for a lower term or by imprisonment of at least one year and not more than twenty-eight years. ";
Paragraph 3, which becomes paragraph 4, is supplemented by the words "and not more than fifteen years. ";
4° in paragraph 4, which becomes paragraph 5, the first sentence is supplemented by the words "and not more than ten years. ";
5° the second sentence of paragraph 4 becomes paragraph 6 and is supplemented by the words "and not more than five years. ".
Art. 19. In section 92 of the same Code, the following amendments are made:
1° in paragraph 1^er, the words "Correctional penalties will be prescribed by five years" are replaced by the words "Unless for penalties for offences defined in sections 136bis, 136ter and 136quater, which are imprescriptible, correctional penalties will be prescribed by five years";
2° the article is supplemented by a paragraph written as follows:
"If the sentence imposed exceeds twenty years, the statute of limitations will be twenty years."
Art. 20. In article 121bis, paragraph 3, of the same Code, inserted by the decree-law of 8 April 1917 and replaced by the law of 23 January 2003, in article 136quinquies, paragraphs 4 and 11, of the same Code, inserted by the law of 5 August 2003, in article 400 of the same Code, amended by the law of 26 June 2000 and the law of 23 January 2003, in article 403 of the same Code, amended by the law
Art. 21. In Article 246, § 1^er, of the same Code, replaced by the Act of 10 February 1999, the words "to seek or accept" are replaced by the words "to seek, accept or receive".
Art. 22. Section 250 of the Code, replaced by the Act of 11 May 2007, is replaced by the following:
"Art. 250. When the corruption provided for in articles 246 to 249 concerns a person who exercises a public service in a foreign state or in an organization of public international law, the minimum fine is tripled and the maximum fine is quintupled.".
Art. 23. In article 347bis, § 4, 1°, of the same Code, inserted by the law of 2 July 1975 and replaced by the law of 28 November 2000, in articles 417ter, paragraph 2, 2° and 417quater, paragraph 2, 2°, of the same Code, inserted by the law of 14 June 2002, in article 428, § 4, of the same Code, replaced by the law of 28 November 2000 and amended by the law of 26 November^er, 5°, of the same Code, inserted by the law of 10 August 2005, in article 473, paragraph 1^er, of the same Code, replaced by the law of 2 July 1975 and amended by the law of 14 June 2002 and in article 477sexies, § 2, 1°, of the same Code, inserted by the law of 17 April 1986, the words "permanent physical or psychological disability" are replaced each time by the words "personal disability of more than four months".
Art. 24. In article 409, § 3, of the same Code, repealed by the law of 9 April 1930 and restored by the law of 28 November 2000, the words "permanent personal incapacity" are replaced by the words "personal incapacity for work more than four months".
Art. 25. Section 414 of the Code, as amended by the Acts of 10 July 1996, 26 June 2000 and 23 January 2003, is replaced by the following:
"Art. 414. When an apology is proved, the penalty will be reduced:
- imprisonment of one year to five years and a fine of one hundred euros to five hundred euros, if it is a crime with a maximum penalty of more than twenty years' imprisonment, whether or not it has been corrected,
- imprisonment for six months to two years and a fine of 50 euros to two hundred euros, if any other crime, correctionalized or not;
- imprisonment for eight days to three months and a fine of twenty-six euros to one hundred euros, if it is another offence."
Art. 26. In Book II, Title VIII, Chapter III of the same Code, the title of Section VIII, inserted by the Act of 10 April 2014, is replaced by the following:
"From the lure of minors through information and communication technologies for criminal or criminal purposes. ".
Art. 27. In the Dutch text of article 433bis/1, 1°, of the same Code, inserted by the law of 10 April 2014, the word "in" is replaced by the word "of".
Art. 28. In article 476 of the same Code, the words "articles 473 and 474" are replaced by the words "articles 473 to 475".
Art. 29. In Article 504bis, § 1^er, of the same Code, inserted by the law of 10 February 1999, the words "to seek or accept" are replaced by the words "to seek, accept or receive".
CHAPTER 2. - Amendment of the Act of 24 February 1921 on trafficking in poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances
Art. 30. In article 2bis, § 2, (b), of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances, inserted by the law of 9 July 1975, the words "permanent incapacity of personal work" are replaced by the words "incapacity of personal work".
CHAPTER 3. - Amendments to the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries
Art. 31. In article 34, paragraph 1^er, of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries, amended by the Act of 23 January 2003, the words "permanent personal incapacity" are replaced by the words "personal incapacity for more than four months".
Art. 32. In section 67 of the Act, paragraph 2 is supplemented by the following:
", except in the event of a punishable crime of life imprisonment. In this case, these persons will be punished by imprisonment from twenty years to thirty years.".
Art. 33. In article 69, paragraph 2, of the same law, the words "of the immediately lower penalty" are replaced by the words "of the imprisonment from twenty years to thirty years".
CHAPTER 4. - Amendment of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation
Art. 34. In Article 30, § 2, 1°, of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation, replaced by the Act of 20 July 1976, the words "permanent incapacity for personal work" are replaced by the words "personal incapacity for more than four months".
CHAPTER 5. - Amendments to the Act of 29 June 1964
concerning suspension, stay and probation
Art. 35. In Article 1^er§ 3, paragraph 1^er, of the Suspension, Suspension and Probation Act of June 29, 1964, inserted by the Act of March 22, 1999 and amended by the Acts of April 17, 2002 and December 27, 2012, the words "a work sentence" are repealed.
Art. 36. In section 3 of the Act, last amended by the Act of 25 April 2014, the following amendments are made:
1° in paragraph 1^er, the words "when the act does not appear to result in a correctional penalty of more than five years or a more serious sentence" are replaced by the words "when the act is not punishable by a correctional sentence of more than twenty years, and that it does not appear to be of a nature to result in a correctional penalty of more than five years as a principal penalty";
2° in paragraph 2, the words "under the same conditions" are inserted between the word "ordinated" and the words "by the courts of instruction".
Art. 37. In section 8 of the Act, last amended by the Act of 25 April 2014, the following amendments are made:
1° in paragraph 1^erParagraph 1^er is replaced by the following:
"When the convicted person has not previously been sentenced to a criminal sentence or to a principal imprisonment of more than three years or to an equivalent sentence taken into account in accordance with section 99bis of the Criminal Code, the courts of judgment may, when they do not condemn one or more principal custodial sentences of more than five years' imprisonment, order that he or she be suspended from the execution of all or part of the principal penalties
However, a simple stay may not be ordered when the convicted person has previously incurred a sentence of imprisonment for more than twelve months or an equivalent sentence taken into account in accordance with section 99bis of the Criminal Code.
In no case may it be suspended from the execution of a conviction to:
- a sentence of confiscation;
- a working sentence;
- a subsidiary penalty.
The decision ordering or refusing the stay and, where applicable, the probation must be motivated in accordance with the provisions of Article 195 of the Code of Criminal Investigation. ";
2° in paragraph 1^erParagraph 4, which becomes paragraph 7, the words ", working sentences" are repealed;
Paragraph 3 is repealed.
Art. 38. In section 18bis of the Act, inserted by the Act of 4 May 1999 and amended by the Acts of 26 June 2000 and 25 April 2014, the following amendments are made:
1° to the second dash, the words "twenty-four thousand euros instead of twelve months" are replaced by the words "seventy-two thousand euros instead of three years";
2° it is inserted between dashes 2 and 3 a dash written as follows:
"- to Article 8, § 1^er2: twenty-four thousand euros instead of twelve months;"
3° in dash 3, which becomes dash 4, the words "paragraph 4" are replaced by the words "paragraph 7".
CHAPTER 6. - Amendment of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 39. In article 77quater, paragraph 1^er, 5°, of the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the law of 10 August 2005, the words "continuous physical or mental disability" are replaced by the words "personal incapacity for work more than four months".
CHAPTER 7. - Amendment of the Human Person Experiments Act of 7 May 2004
Art. 40. In Article 33, § 1^er, paragraph 2, of the Act of 7 May 2004 on experiments on the human person, the words "permanent physical or mental disability" are replaced by the words "personal incapacity for more than four months".
CHAPTER 8. - Amendment of the Act of 30 December 2009 on combating maritime piracy
Art. 41. In Article 4, § 3, paragraph 1^er of the law of 30 December 2009 on the fight against maritime piracy, the words "continuous physical or mental disability" are replaced by the words "personal incapacity for work more than four months".
CHAPTER 9. - Amendments to the Act of 7 February 2014 establishing electronic surveillance as an autonomous penalty
Art. 42. Sections 3, 4, 5 and 10 to 13 of the Act of 7 February 2014 establishing electronic surveillance as an autonomous sentence are repealed.
Art. 43. In section 6 of the same law, the word "Vter" is replaced by the word "Vbis".
Art. 44. Section 7 of the Act is replaced by the following:
"Art. 7. In section Vbis, inserted by section 6, an article 37ter is inserted as follows:
"Art. 37ter. § 1^er. Where an act is likely to result in a maximum of one year's imprisonment, the judge may sentence, as a principal sentence, an electronic surveillance sentence of a term equal to the sentence of imprisonment that he or she may have imposed and may be applicable in the event of non-performance of the electronic surveillance sentence. For the purpose of fixing the duration of this subsidiary prison sentence, one day of the electronic surveillance penalty imposed corresponds to a day of imprisonment.
An electronic surveillance penalty is the requirement to be present at a specified address, with the exception of authorized travel or absence, for a period fixed by the judge in accordance with paragraph 2. The control of the presence is ensured, inter alia, by the use of electronic means and, in accordance with paragraph 5, this obligation has conditions.
The electronic monitoring penalty cannot be imposed on the facts:
1° referred to in Articles 375 to 377;
2° referred to in Articles 379 to 387, if the facts were committed on minors or by minors;
3° referred to in Articles 393 to 397.
§ 2. The duration of the electronic surveillance penalty may not be less than one month or more than one year. In accordance with section 85, the repressive judge may take into account mitigating circumstances without, however, the fixed duration of electronic surveillance as an autonomous sentence may be less than one month.
The electronic supervisory penalty must be executed within six months of the date on which the judicial decision has been handed down in force. If the time limit is exceeded by the convicted person, the Public Prosecutor's Office decides either to postpone the execution of the electronic surveillance sentence or to carry out the subsidiary sentence. If the time limit is not attributable to the convicted person, the sentence must be executed within six months of the expiration of the first period, if it is not prescribed.
§ 3. With a view to the application of an electronic surveillance sentence, the Public Prosecutor's Office, the investigating judge, the investigating courts or the trial courts may charge the competent service for the organization and control of electronic surveillance, as referred to below as the "competent service for electronic surveillance", the judicial branching of the place of the inmate's residence, the accused or the convicted person of carrying out a summary/social report.
This report or investigation contains only the relevant elements to inform the authority that has sent the application to the competent service for electronic monitoring of the appropriateness of the sentence.
Any major person with whom the defendant cohabits is heard in his observations in the context of this social investigation. The summary information report or social investigation report is attached to the file in the month of the application.
§ 4. When an electronic surveillance sentence is contemplated by the judge, required by the Public Prosecutor's Office or requested by the accused, the judge shall inform the judge, before the closure of the proceedings, of the scope of such a sentence, of any indication as to the concrete content that he may give and as to the individualized conditions that he may impose in accordance with paragraph 5, and shall hear it in his observations. The judge may also take into account the interests of potential victims. The judge may only pronounce the electronic surveillance penalty if the accused is present or represented at the hearing and after he has given, either in person or through his counsel, his consent. Any major cohabitant of the defendant who has not been heard in the context of the social investigation, or if no social investigation has been conducted, may be heard by the judge in his observations.
A judge who refuses to impose an electronic surveillance penalty required by the Public Prosecutor's Office or requested by the accused must justify his decision.
§ 5. The judge determines the duration of the electronic surveillance sentence and may give indications as to its concrete modalities.
The electronic surveillance penalty is always accompanied by the following general conditions:
1° do not commit offences;
2° have a fixed address and, in the event of a change of address, contact the address of the new residence without delay to the Public Prosecutor's Office and to the appropriate electronic monitoring service;
3° follow up on the summonses of the competent service for electronic monitoring and respect the concrete terms determined by that service.
The judge may also subject the convict to individualized conditions in the interests of the victims. These conditions relate to the prohibition of attending or contacting the victim and/or compensation for the victim.".
Art. 45. Section 8 of the Act is replaced by the following:
"Art. 8. In the same section Vbis, an article 37quater is inserted as follows:
"Art. 37quater. § 1^er. As soon as the sentencing of an electronic surveillance sentence has been imposed, the Clerk shall inform the relevant electronic surveillance department in order to enforce the sentence. To this end, this service shall contact the convicted person within seven working days of the information, determine the concrete execution of the sentence, after hearing the convicted person and taking into account the observations of the convicted person, and shall promptly notify the competent public prosecutor.
§ 2. Without prejudice to the application of section 20 of the Police Service Act of 5 August 1992, the Public Prosecutor's Office is responsible for the control of the convicted person. Officials of the relevant electronic surveillance department control the execution of the electronic surveillance penalty and monitor or assist the convicted person.
§ 3. If the electronic surveillance penalty is not carried out in whole or in part in accordance with the provisions of section 37ter, § 5, the official of the competent electronic surveillance service shall promptly inform the competent public prosecutor. The latter may then decide to carry out the sentence of imprisonment set out in the judicial decision, taking into account the part of the electronic surveillance sentence that has already been executed by the convicted person. In this case, a day of electronic surveillance sentence executed is equivalent to a day of imprisonment. If the total or partial non-performance relates to new offences, it must be determined by a decision in force that the convicted person committed an offence or a crime, or an equivalent offence taken into account in accordance with section 99bis, during the execution of the electronic surveillance penalty.
The competent Public Prosecutor ' s Office is responsible for its decision and communicates it through the fastest written means of communication:
- Convict;
- the head of the local police in the commune where the convicted person resides;
- the national data bank referred to in section 44/2 of the Police Service Act of 5 August 1992;
- to the competent department for electronic surveillance.
§ 4. If the electronic surveillance sentence reaches or exceeds three months, the convicted person may apply for a suspension of control by electronic means after serving a third of the sentence. The State party is informed of this possibility by the competent electronic monitoring department upon execution of the sentence. Upon completion of the period of time, the convict may send a written request to the competent public prosecutor to obtain the suspension. The convict sends a copy of this written request to the relevant electronic surveillance service.
Within fifteen days, the competent e-monitoring service renders a notice to the competent public prosecutor regarding the compliance with the program of the concrete content of electronic surveillance and, where applicable, individualized conditions imposed on the convicted person. This notice indicates whether the convicted person committed new offences during the execution of the electronic surveillance sentence. In addition, it includes a reasoned proposal to grant or reject the suspension of control by electronic means and, where appropriate, takes the special conditions that the competent electronic surveillance service considers necessary to impose on the convicted person.
The competent public department shall, within one month after the receipt of the notice, grant the suspension of control by electronic means in the event that the convicted person has not committed new offences and has complied with the program of the concrete content of electronic surveillance and, where applicable, the individualized special conditions imposed on him.
When the suspension of control by electronic means is granted, the convict shall be subjected to a trial period for the portion of the electronic surveillance penalty that he must still serve. In this case, one day of the trial period is equivalent to one day of the imposed electronic surveillance penalty. The convict shall be subject to the general conditions and, where appropriate, to the special conditions imposed upon him.
The competent public department shall communicate its decision by means of the fastest written communication:
- Convict;
- the head of the local police in the commune where the convicted person resides;
- the national data bank referred to in section 44/2 of the Police Service Act of 5 August 1992;
- to the competent department for electronic surveillance.
If a request for a suspension is rejected, a new application may only be filed after the expiry of a two-month period from the date of release.
In the event of non-compliance with the general conditions and, where applicable, the special conditions imposed on the convicted person, the suspension of electronic control may be revoked.
The competent public prosecutor hears the convict in his observations on the matter. If the convict fails to respond to the summons for the purpose of hearing, the public prosecutor may decide to revoke the suspension of control by electronic means or to carry out the sub-prison. If non-compliance concerns the general condition that the commission of new offences is prohibited, it must be determined by a decision that the convicted person has committed an offence or a crime, or an equivalent offence taken into account in accordance with section 99bis, during the execution of the electronic surveillance penalty or during the suspension of control by electronic means.
The decision to revoke the suspension of control by electronic means includes a decision on:
- the special conditions of suspension imposed by the Public Prosecutor ' s Office;
- the execution of electronic surveillance for the remaining duration of the trial period;
- the re-establishment of the specific conditions imposed, if any, by the court of judgment.
The competent public prosecutor communicates its decision through the fastest written means of communication:
- Convict;
- the head of the local police in the commune where the convicted person resides;
- the national data bank referred to in section 44/2 of the Police Service Act of 5 August 1992;
- to the competent department for electronic surveillance.
§ 5. The Public Prosecution Service referred to in paragraphs 1^er to 4 is the Public Prosecutor's Office near the Judgment Court, which sent a sentence under electronic supervision."
Art. 46. In section 9 of the same law, the word "37octies" is replaced by the word "37septies".
Art. 47. In section 16 of the Act, the words "on the date fixed by the King" are replaced by the words "on the day of the coming into force of the Act of 8 May 2014 amending articles 217, 223, 224 and 231 of the Judicial Code. ".
CHAPTER 10. - Amendments to the Act of 10 April 2014 inserting probation as a stand-alone sentence in the Criminal Code, and amending the Code of Criminal Investigation, and the Act of 29 June 1964 concerning suspension, probation and probation
Art. 48. Section 2 of the Act of 10 April 2014 inserting probation as a stand-alone sentence in the Criminal Code, and amending the Criminal Code, and the Suspension, Suspension and Probation Act of 29 June 1964 is replaced by the following:
"Art. 2. In section 7 of the Criminal Code, last amended by the Act of April 26, 2007, the words "In correctional and police matters:
1° imprisonment;
2° the working sentence.
The penalties under 1° and 2° cannot be applied cumulatively." are replaced by the words "In correctional and police matters:
1° imprisonment;
2° the electronic surveillance penalty;
3° the working sentence;
4° the autonomous probation sentence.
The penalties for 1° to 4° cannot apply cumulatively.".
Art. 49. Section 3 of the Act is repealed.
Art. 50. In section 6 of the Act, the word "37octies" is replaced by the word "37septics" and the words ", which becomes section 37septics" are repealed.
Art. 51. In section 8 of the Act, which inserts section 37octies into the Criminal Code, subsection 1^erParagraph 4 is replaced by the following:
"The autonomous probation sentence cannot be pronounced for the facts:
1° that would be punished, if they were not transmuted into offences, with a maximum penalty of more than twenty years ' imprisonment;
2° referred to in Articles 375 to 377;
3° referred to in Articles 379 to 387, if the facts were committed on minors or by minors;
4° referred to in Articles 393 to 397. ".
Art. 52. Section 12 of the Act, amending section 58 of the Criminal Code, is replaced by the following:
"Art. 12. Section 58 of the same Code, as amended by the Act of 17 April 2002, is supplemented by two paragraphs written as follows:
"When electronic surveillance sentences are imposed, their duration cannot exceed one year.
When autonomous probation sentences are imposed, their duration cannot exceed two years."
Art. 53. Section 13 of the Act, amending section 59 of the Criminal Code, is replaced by the following:
"Art. 13. In section 59 of the same Code, as amended by the Act of 17 April 2002, the words "all fines, working sentences" are replaced by the words "all fines, self-probation sentences, working sentences, electronic surveillance penalties". ".
Art. 54. Section 14 of the Act, amending section 60 of the Criminal Code, is replaced by the following:
"Art. 14. In section 60 of the same Code, replaced by the law of 1^er February 1977 and amended by the Act of 17 April 2002, the last sentence is replaced by the following:
"In no case may the sentence be more than one year of electronic supervision, three hundred hours of working sentence or two years of self-sustaining probation."
Art. 55. Section 15 of the Act, amending section 85 of the Criminal Code, is replaced by the following:
"Art. 15. In section 85, paragraph 1^er, of the same Code, as amended by the Act of 17 April 2002, the words "sentences of imprisonment, sentences of work and fines may be reduced, respectively, below eight days, forty-five hours and twenty-six euros" are replaced by the words "sentences of imprisonment, electronic surveillance penalties, working sentences, self-contained probation and fines of forty-six months, respectively". ".
Art. 56. In section 17 of the Act, which amends section 595 of the Criminal Code, the words "and last amended by the law of 7 February 2014" are repealed.
Art. 57. Section 18 of the Act, amending section 596 of the Criminal Code, is replaced by the following:
"Art. 18. In section 596, paragraph 2, of the same Code, restored by the Act of 8 August 1997 and amended by the Act of 31 July 2009, the words "the decisions referred to in section 594, 4° to 6° and" are inserted between the words "the extract mentions, in addition to the decisions referred to in paragraph 1^er, also" and the words "convictions referred to in Article 590, paragraph 1^er, 1° and 17°, ".
Art. 58. Section 19 of the Act, which amends section 8 of the Suspension, Suspension and Probation Act of 29 June 1964, last amended by the Act of 25 April 2014, is replaced by the following:
"Art. 19. In Article 8, § 1^er, paragraph 3, of the Suspension, Suspension and Probation Act of 29 June 1964, the words "working penalty" are replaced by the words "electronic supervision, work or self-sustaining probation".
PART 3. - Amendments to the criminal procedure
CHAPTER 1^er. - Amendments to the preliminary title of the Code of Criminal Procedure
Art. 59. Section 21 of the preliminary title of the Code of Criminal Procedure, inserted by the Act of 30 May 1961 and last amended by the Act of 19 October 2015, is replaced by the following:
"Art. 21. With the exception of the offences defined in sections 136bis, 136ter and 136quater of the Criminal Code and with the exception provided by law, public action will be prescribed, beginning on the day the offence was committed:
1° after twenty years if it is:
- a crime punishable by life imprisonment, or
- one of the crimes defined in articles 102, paragraph 2, 122, third point, 138, § 1^erParagraph 1^er, 9°, 376, paragraph 1^er, 393 or 417ter, paragraph 3, of the Criminal Code, 30, § 2, of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation, 34, 35, 68, paragraph 3, 69, paragraphs 2 and 3, of the Act of 5 June 1928 revising the Code of Disciplinary and Penal for Merchant Navy and Maritime Fishing, or 4, § 3, paragraph 3, of the Act of 5
2° after fifteen years if it is:
- one of the crimes referred to in 1°, second shooter, if he was not committed to a person under 18 years of age, or
- one of the offences defined in Articles 372 to 377, 377quater, 379, 380, 409 and 433quinquies, § 1^erParagraph 1^er1° of the Criminal Code, if committed on a person under the age of eighteen years;
3° after 10 years if it is another crime;
4° after five years if it is another offence;
5° after a year if it is a contravened offence;
6° after six months if this is another ticket.
The limitation periods of public action set out in paragraph 1^er, 1° and 2°, as well as for other punishable crimes over twenty years ' imprisonment, are nevertheless not affected by the reduction or modification of the sentence due to mitigating circumstances. ".
Art. 60. Section 21bis of the same title, last amended by the Act of 10 April 2014, is replaced by the following:
"Art. 21bis. In the cases referred to in Article 21, paragraph 1^er, 2°, second dash, the statute of limitations of public action begins to run only from the day the victim reaches the age of eighteen years.
The limitation period for offences referred to in article 21, paragraph 1^er, 2°, second dash, which constitutes the successive and continuing execution of the same criminal intent only begins to run from the day that the youngest of the victims reaches the age of eighteen years, unless the period between two of these consecutive offences exceeds the limitation period.".
Art. 61. Section 24 of the same title, replaced by the Act of 16 July 2002 and last amended by the Act of 25 April 2014, is supplemented by a paragraph written as follows:
"The statute of limitations of public action is suspended when a defendant forms an opposition that is declared inadmissible or unfavourable during the treatment of the defendant. This suspension runs from the notice of opposition until the decision that the opposition is inadmissible or unaffordable. ".
CHAPTER 2. - Amendments to the Code of Criminal Investigation
Art. 62. In article 28quater of the Code of Criminal Investigation, inserted by the law of 12 March 1998, the word "143ter" is replaced by the word "143quater".
Art. 63. Section 28s of the same Code, inserted by the Act of 12 March 1998 and replaced by the Act of 27 December 2005, the following amendments are made:
1° the words ", acts of instruction as provided for in articles 56bis, paragraph 2, and 89ter as well as of the search," are replaced by the words "and acts of instruction as provided for in articles 56bis, paragraph 2, and 89ter."
2° the article is supplemented by a paragraph written as follows:
"In case of a new requisitory based on paragraph 1^er in the same file, the same examining magistrate is seized if he is still in office.".
Art. 64. In section 35ter of the same Code, inserted by the law of 19 December 2002 and replaced by the law of 11 February 2014, paragraph 1^er is replaced by the following:
§ 1^er. If there are serious and concrete clues that the suspected person has obtained a heritage advantage within the meaning of articles 42, 3 or 43quater, § 2, of the Criminal Code and that things that materialize this heritage advantage cannot or can no longer be found as such in the heritage of the suspected person who is in Belgium or are mixed with legal things, the Public Prosecutor may seize other things that are believed to be in the heritage of the person In its decision, the Public Prosecutor's Office motivates the estimation of this amount and reports the serious and concrete evidence justifying seizure. These elements are included in the minutes of the seizure.
Paragraph 1^er is also applicable to matters that constitute the subject of the offences referred to in section 505 of the same Code.".
Art. 65. In Article 88bis, § 1^erParagraph 1^er, of the same Code, inserted by the law of 10 June 1998 and amended by the laws of 8 June 2008 and 27 December 2012, the words "directly or through a police service designated by the King" are added after the words "requiring, if necessary, the technical assistance of the operator of a telecommunications network or provider of a telecommunications service".
Art. 66. In section 90quater of the same Code, inserted by the Act of 30 June 1994 and last amended by the Act of 6 January 2003, the following amendments are made:
1° in paragraph 1^er, paragraph 2, the first sentence is replaced by the following:
"The order is dated and indicates:"
2° paragraph 2, paragraph 1^er, is replaced by the following:
"§2. If the measure involves an operation on a communication network, the operator of that network, or the supplier of the telecommunications service, is required to lend its technical assistance, when the investigating judge requires it directly or through a police service designated by the King.";
3° in paragraph 4, paragraph 1^er, the words ", directly or through a police service designated by the King," are inserted between the words "The investigating judge may order" and the words "to whom he presumes".
Art. 67. Article 90sexies of the same Code, inserted by the Act of 30 June 1994 and amended by the Act of 10 June 1998, is replaced as follows:
"Art. 90sexies. § 1^er. The judicial police officers committed shall make available to the investigating judge:
1° the file containing the records made following the measures taken pursuant to articles 90ter, 90quater and 90quinquies;
2° the transcript of the communications and telecommunications passages deemed relevant to the investigation by the judicial police officers, and their possible translation;
3° the simple indication of the topics discussed and the identification of the means of communication used with respect to non-relevant communications or telecommunications.
§ 2. Without prejudice to the selection by judicial police officers referred to in paragraph 1^er, the examining magistrate appreciates among all communications or telecommunications collected, passages that are relevant to the instruction. To the extent that these communications or telecommunications passages have not been transcribed or translated in accordance with paragraph 1^er, they will be transcribed and translated as additional. The investigating judge makes it to file a report.
§ 3. Communications or telecommunications that are covered by professional secrecy are not recorded in the minutes. These communications or telecommunications are deposited in the registry in a sealed file. If these are persons referred to in section 90octies, paragraph 1^er, pursuant to section 90octies, paragraph 2.
§ 4. The orders of the examining magistrate, the reports of the judicial police officers referred to in Article 90quater, § 3, and the records relating to the execution of the measure, are attached to the file no later than after the measure is terminated. ".
Art. 68. In section 90ssepties of the same Code, inserted by the Act of 10 June 1998 and amended by the Act of 28 November 2000, the following amendments are made:
1° in paragraph 2, the words "relevant communications and telecommunications registration" are replaced by the words "relevant communications and telecommunications registration passages";
2° in paragraph 3, the words "relevant communications and telecommunications" are replaced by the words "relevant communications and telecommunications records";
3° in paragraph 4, 1°, the words "relevant communications and telecommunications" are replaced by the words "relevant communications and telecommunications records";
4° in paragraph 4, 6°, the words "relevant communications and telecommunications" are replaced by the words "transfers from the recording of relevant communications and telecommunications";
5° a paragraph is inserted between paragraphs 5 and 6:
"The accused, the accused, the civil party, the civilly responsible party or their counsel shall, on a simple request, receive a copy of the entire record of communications and telecommunications, of which some deemed relevant passages have been transcribed and recorded in a record that they have the right to consult. ";
6° in paragraph 6, which becomes paragraph 7, the word "other" is inserted between the words "all or parts of" and the words "records and transcripts deposited in the Registry".
Art. 69. In section 103 of the same Code, inserted by the Act of 7 July 2002 and last amended by the Act of 14 July 2011, the following amendments are made:
1° in paragraph 1^er, paragraph 2, the words "Director of Special Units" are replaced by the words "Director of the Central Directorate of Judicial Police Operations";
2° in paragraph 3, paragraph 2, the words "the direction of special units" are replaced by the words "the Witness Protection Service".
Art. 70. In section 136bis of the same Code, replaced by the Act of 12 March 1998 and last amended by the Act of 31 May 2005, paragraph 1^er is replaced by the following:
"The King's Attorney reports to the Attorney General of all cases on which the Council Chamber would not have ruled in the year from the first request. ".
Art. 71. Section 136ter of the same Code, inserted by the Act of 31 May 2005 and amended by the Act of 30 December 2009, is repealed.
Art. 72. Section 145 of the Code, last amended by the Act of 17 March 2013, is supplemented by a paragraph written as follows:
"The summons remains valid if the case is handed over to a fixed date or a fixed date. ".
Art. 73. Section 149 of the same Code, replaced by the Act of 12 February 2003, is repealed.
Art. 74. Section 150 of the same Code, as amended by the Acts of 31 May 2000 and 12 February 2003, is repealed.
Art. 75. Section 151 of the Code, as amended by the Acts of 9 March 1908 and 12 February 2003, is repealed.
Art. 76. Section 152 of the same Code, as amended by the Act of 12 February 2003, is replaced by the following:
"Art. 152. § 1^er. Parties that wish to conclude and have not yet tabled conclusions require the introductory hearing to set deadlines to conclude.
In such cases, the judge shall determine the time limits for the submission of the findings to the Registry and the date of the hearing, after hearing the parties. The decision is referred to in the transcript. The conclusions are drafted in accordance with articles 743 and 744 of the Judicial Code.
The conclusions that have not been filed and communicated to the Public Prosecutor's Office, if they relate to public action, and, where appropriate, to all other parties concerned before the expiry of the time limits set, are deviated from the proceedings.
§ 2. Unless the judge finds that the late filing or late communication continues for purely dilatory purposes or infringes on the rights of other parties or the course of the proceedings, conclusions may be filed after the expiry of the time limits set out in paragraph 1^er :
- by agreement of the parties concerned, or
- in case of discovery of a new and relevant piece or fact justifying new conclusions.
The judge may, therefore, set new time limits to conclude and a new hearing date. In that case, paragraph 1^er is of application.
§ 3. The decisions of the judge referred to in paragraphs 1^er and 2 are not subject to appeal.
§ 4. The provisions of paragraphs 1^er and 2 are applicable to the Public Prosecutor's Office.".
Art. 77. In book II, title I, chapter I, of the same Code, it is inserted a paragraph II, entitled "From the proceedings before the police courts", comprising articles 145 to 171.
Art. 78. In Book II, Title I, Chapter I, of the same Code, paragraph 2, as amended by the Act of 28 June 1984 and whose content was repealed by the Act of 28 June 1984 and by Royal Decree No. 59 of 10 January 1935, is repealed.
Art. 79. Article 171 of the same Code, repealed by Royal Decree No. 59 of 10 January 1935, was reinstated in the following wording:
"Art. 171. The default judgments may be attacked by the opposition in the same forms, conditions, terms and time as the default judgments rendered by the correctional courts.
The provisions of sections 185 to 187 are common to the police court. ".
Art. 80. In Book II, Title I, Chapter II, of the same Code, it is inserted a paragraph I, entitled "From the Jurisdiction of Correctional Courts", comprising section 179.
Art. 81. In Book II, Title I, Chapter II, of the same Code, it is inserted a paragraph II, entitled "From the proceedings before the correctional courts", comprising sections 181 to 198.
Art. 82. Section 182 of the Code, last amended by the Act of 17 March 2013, is supplemented by a paragraph written as follows:
"The summons remains valid if the case is handed over to a fixed date or a fixed date. ".
Art. 83. Section 187 of the Code, replaced by the Act of 9 March 1908 and last amended by the Act of 30 December 2009, is replaced by the following:
"Art. 187. § 1^er. The person convicted by default may object to the judgment within fifteen days of the service of the judgement.
When the meaning of the judgment has not been given to his person, the default convict may object, in respect of criminal convictions, within fifteen days after the day on which he has been aware of the meaning.
If he has been aware of this by the meaning of a European arrest warrant or an extradition request or that the 15-day period has not yet expired at the time of his arrest abroad, he may object within fifteen days of his release or his release abroad.
If it is not established that he has been aware of the meaning, the default convict will be able to object until the time limit for the sentence expires. He may object to civil convictions until the execution of the judgment.
The civil party and the civilly responsible party will only be subject to the conditions set out in paragraph 1^er.
§ 2. The opposition will be served on the Public Prosecutor's Office, the prosecution party or the other parties involved.
If the opposition has not been served within fifteen days after the meaning of the judgment, the enforcement of the convictions may be carried out and, in the event of appeal by the prosecution parties or one of them, the judgment on the appeal may be made.
§ 3. The opposition shall be entitled to quote at the first hearing after the expiry of a fifteen-day period or, if the opponent is detained, three days.
§ 4. The conviction shall be nullified as a result of the opposition except in the cases referred to in paragraphs 5 to 7.
§ 5. The opposition will be declared inadmissible in particular:
1° except in cases of force majeure, if not served in the legal forms and deadlines;
2° if the judgement under attack has not been rendered by default;
3° if the opponent has previously appealed against the same decision.
§ 6. The opposition will be declared unfavourable:
1° if the opponent, when appearing in person or by a lawyer and it is established that he has been aware of the summons in the proceedings in which he has failed, does not mention a case of force majeure or a legitimate excuse justifying his defect in the proceedings under attack, the recognition of the force majeure or the excuse alleged to remain subject to the sovereign appreciation of the judge;
2° if the opponent again fails his opposition, in all cases, regardless of the reasons for the successive defects and even if the opposition has already been received.
§ 7. The party that formed an opposition may withdraw or limit it under the terms of the withdrawal or limitation of appeal specified in section 206.
§ 8. The opposing party, which is judged a second time by default, is no longer allowed to form a new opposition.
§ 9. The decision that will intervene on the opposition may be attacked through the appeal, or, if it has been rendered in the appeal, through a cassation appeal.
The appeal against the decision declaring the non-agreement opposition shall refer to the appeal judge on the merits of the case even if no appeal has been filed against the default judgment.
§ 10. The costs and costs caused by the opposition, including the cost of shipping and the meaning of the default decision, will be left to the opponent if the default is attributable to the opponent. ".
Art. 84. Section 188 of the same Code, replaced by the Act of 27 February 1956 and last amended by the Act of 12 February 2003, is repealed.
Art. 85. In section 189 of the same Code, as amended by the Acts of 8 April 2002 and 2 August 2002, the words "The provisions of sections 157, 158, 158bis, 158quater, 159, 160 and 161 are common to correctional courts" are replaced by the words "The provisions of sections 152, 157, 158, 158bis, 158ter, 158quater, 159, 160 and 161 are common to correctional courts".
Art. 86. In section 197bis of the same Code, inserted by the Act of 19 March 2003 and replaced by the Act of 11 February 2014, the following amendments are made:
(a) in paragraph 1^er, paragraph 4, the words ", through the chair of the relevant acquisition committee," are replaced by the words "without charge".
(b) in paragraph 4, paragraph 2, the 3rd is replaced by the following:
"3° of the Director General of the General Directorate of the Judicial Police or his representative;"
(c) in paragraph 4, paragraph 2, 6, the words "coordination of" are repealed;
(d) paragraph 4, paragraph 2, is supplemented by the 9th and 10th paragraphs, as follows:
"9° a representative of the Federal Public Service Justice;
10° a representative designated by the Board of Auditors.".
Art. 87. In Book II, Title First, Chapter II, of the same Code, it is inserted a paragraph III entitled "From the Appeal of Correctional Judgements", comprising sections 199 to 216.
Art. 88. In section 203 of the same Code, replaced by the Act of 31 May 1955 and amended by the Act of 15 June 1981, the following amendments are made:
1° in paragraph 1^er, the words "fifteen days" are replaced each time by the words "trent days";
2° paragraph 1^er is supplemented by a paragraph that reads as follows:
"The Public Prosecutor's Office has an additional 10 days to appeal, after the accused or the civilly responsible party has appealed."
3° in paragraph 2, the words "five days" are replaced by the words "ten days".
Art. 89. Section 204 of the Code is replaced by the following:
"Art. 204. As soon as the appeal is terminated, the application specifically indicates the high grievances, including procedural grievances, against the judgment and is delivered, within the same time and at the same time as the statement referred to in section 203. It is signed by the appellant, his lawyer or any other special authority. In the latter case, the power is annexed to the request.
This request may also be sent directly to the court or court office where the appeal is filed.
A form whose model is determined by the King can be used for this purpose.
This provision also applies to the Public Prosecutor's Office.".
Art. 90. In section 205 of the same Code, replaced by the Act of 15 June 1981 and amended by the Act of 28 March 2000, the following amendments are made:
1° the words "twenty-five days" are replaced by the words "forty days";
2° the sentence "The exploit shall contain subpoena within sixty days from the same time or within forty-five days after the judgment is pronounced in the context of the immediate appearance procedure provided for in Article 216quinquies." is replaced by the following sentences:
"The exploit will contain the assignment. As part of the immediate appearance procedure referred to in Article 216quinquies, this assignment shall be made within sixty days of the judgment. ".
Art. 91. Section 206 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 206. The parties to the case may withdraw from the appeal, or limit the appeal, by a statement, filed at the court office or the court office which must hear the appeal.
The statement may also, if applicable, be made at the office of the prison or community centre for minors who have committed an offence.
The report is prepared in the register for this purpose.
In the cases provided for in paragraph 2, the directors of the establishments shall promptly notify the statement, the Public Prosecutor's Office, to the court or the court, which shall be informed of the appeal and shall, within 24 hours, issue a copy of the record. The notice and shipment are placed on file.
The accused and, where applicable, 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, withdraw or limit the appeal.
The discontinuation or limitation of the appeal may be withdrawn until the court or tribunal that is required to hear the appeal gives effect.
In the event of a civil action appeal, the party against which the appeal is directed may, however, decide to refuse discontinuation if an incident appeal has been filed.".
Art. 92. Section 208 of the same Code, last amended by the Act of 12 February 2003, is replaced by the following:
"Art. 208. The default rulings on the appeal may be attacked by the opposition in the same forms, conditions, terms and time as the default judgments rendered by the correctional courts.
The provisions of sections 185 to 187 are common to the Court of Appeal.".
Art. 93. Article 209bis of the same Code, inserted by the Act of 28 March 2000, is supplemented by a paragraph written as follows:
"The provisions of section 152 are common to appeal courses."
Art. 94. Section 210 of the same Code, last amended by the Act of 12 February 2003, is supplemented by a paragraph written as follows:
"In addition to the grievances raised as prescribed in section 204, the appellate judge may only raise, on an ex officio basis, public proceedings relating to the material or prescribed formalities of nullity or:
- its jurisdiction;
- the limitation of the facts before it;
- the absence of an offence of the facts before it as to the guilt or need to requalify them or an irreparable nullity of the investigation into these facts.
The parties are invited to express themselves on the means raised ex officio.".
Art. 95. Article 216 of the same Code is renumbered in article 215 bis.
Art. 96. In book II, title I, of the same Code, it is inserted a chapter IIbis entitled "Previous recognition of guilt".
Art. 97. In chapter IIbis, inserted by section 96, an article 216 is inserted as follows:
"Art. 216. § 1^er. For the facts that do not appear to be of a nature to be punishable by a principal correctional imprisonment of more than five years, the Crown Prosecutor may, either on his or her own motion or at the request of the suspect or the accused or his or her lawyer, propose the application of the pre-convict recognition procedure set out in this article if the suspect or defendant acknowledges that he or she is guilty of the charges against him or her.
In this case, he may propose, in accordance with the legal conditions, penalties less than those he considered to require, or with a simple or probatory, total or partial suspension, or a simple or probatory suspension of the pronouncement.
This procedure is not applicable to the facts:
1° that would be punished, if they were not transmuted into offences, with a maximum penalty of more than twenty years ' imprisonment;
2° referred to in articles 375 to 377 of the Criminal Code;
3° referred to in sections 379 to 387 of the Criminal Code if committed on minors or by minors;
4° referred to in articles 393 to 397 of the Criminal Code.
§ 2. Where the examining magistrate is already in charge of instructing, the procurator of the King may only propose the application of the procedure set out in this article after the order or the order of reference to the judge of the merits. It may also propose it when the judge of the merits is already seized of the fact, provided that no final judgment or judgment has been rendered in criminal matters.
§ 3. The statements by which the suspect or defendant acknowledges that he is guilty of the charges against him are made in the presence of a lawyer of his choice or who is designated to him.
If the suspect or defendant has insufficient resources, sections 508/13 to 508/18 of the Judicial Code relating to the benefit of the complete or partial free of second-line legal aid are fully applicable.
The lawyer is aware of the case file and the facts charged to the suspect or accused and informs the suspect of his rights, the consequences of the recognition of guilt on the proceedings and the subsequent proceedings of the suspect. The suspect or defendant may at any time engage confidentially with his lawyer outside the presence of the King's Prosecutor.
After hearing the penalties proposed by the King's Prosecutor, the suspect or the defendant may request a period of reflection not more than 10 days before informing the King's Prosecutor whether or not he or she is guilty of the acts attributed to him or not and accepts or accepts the legal qualifications and the penalties proposed.
Where appropriate, the statements by which the suspect or the defendant acknowledges that he is guilty of the facts attributed to him and accepts the penalties proposed by the King's Prosecutor are dealt with in a convention that accurately describes the facts and their qualification and is signed by both the suspect or the accused and his lawyer and by the King's Prosecutor.
This agreement includes the costs to be covered and the heritage objects or benefits to be recovered and confiscated.
If the case is not yet set before a judge of the merits, the agreement shall set the place, day and time of the court hearing before which the suspect or defendant must appear, within a period not less than ten days and more than two months. A copy of the agreement is given immediately to the suspect or defendant. This notification is worth a quote. However, when the case has already been set before the judge of the merits, the agreement shall be submitted for approval at the hearing.
As long as it is not signed a convention, the documents in paragraphs 1^er and 2 and this paragraph may not be submitted or consulted.
The King's Prosecutor shall, where appropriate, provide a copy of the signed agreement to known victims. The victim and his lawyer have the right to access the file.
§ 4. The court hears the defendant and his lawyer on the agreement reached and the facts recognized.
Where applicable, the court also hears the victim and his lawyer about the facts and the compensation of the damage. The victim may form a civil party and claim compensation for the damage to the court hearing that must approve the agreement. The people quoted are heard on civil action.
The court shall verify whether it is satisfied with all the conditions of paragraphs 1^er 3, if the agreement has been concluded in a free and informed manner and corresponds to the reality of the facts and their legal qualification and if the penalties proposed by the King's Prosecutor are proportionate to the gravity of the facts, to the personality of the defendant and to his will to repair the possible damage.
If so, he agrees with the agreement reached and pronounces the penalties proposed during the recognition of guilt by the defendant. The criminal provisions of the judgment are not subject to appeal.
Otherwise, it rejects the request for approval of the agreement concluded by reasoned decision. The file is then made available to the King's Prosecutor and the case is assigned to a separate chamber.
The agreement signed by the defendant and the King's Prosecutor, the documents drafted and communications made during the proceedings, as well as all other documents of the proceedings relating thereto, are then removed from the file and filed with the court of first instance.
As long as the agreement is not approved by a judgment or a judgment cast in force of evidence, the above-mentioned documents cannot be used to dependant on the suspect or defendant in another criminal, civil, administrative, arbitral or other proceedings and are not admissible as evidence, even in respect of an extrajudicial acquaintance.
§ 5. The court shall rule on the application for approval, either in the month of the first hearing, unless a postponement of the examination of the case to a subsequent hearing is required to allow the civil party to defend its interests or the defendant to provide elements concerning its willingness to repair the damage.
§ 6. The faculty set out in paragraphs 1^er and 2 also belongs, for the same facts, to the Labour Auditor, to the Federal Prosecutor and to the Attorney General in the level of appeal and, for the persons referred to in sections 479 and 483, to the Attorney General near the Court of Appeal.".
Art. 98. In Article 216bis, § 2, paragraph 1^er the same Code, as amended by the Act of 14 April 2011, the words "as long as no judgment or judgment has taken place that has acquired force of judgment" are replaced by the words "as long as no final judgment or judgment has been rendered to the criminal."
Art. 99. In article 235bis, § 6, of the same Code, inserted by the law of 12 March 1998, amended by the laws of 4 July 2001 and 14 December 2012 and partially annulled by Constitutional Court decision No. 86/2002, the words ", after the expiry of the period of cassation" are repealed.
Art. 100. Article 235ter, § 6, of the same Code, inserted by the law of 27 December 2005, annulled by Constitutional Court Decision No. 105/2007 and restored by the law of 16 January 2009, is repealed.
Art. 101. In section 326 of the same Code, replaced by the Act of December 21, 2009, the following amendments are made:
1° in paragraph 1^er, the words "in the person of the jury leader or person" are repealed;
2° Paragraph 4 is repealed;
3° in paragraph 5, which becomes paragraph 4, the words "of the jury" are repealed.
Art. 102. In section 327 of the same Code, replaced by the Act of December 21, 2009, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The questions being asked, the jurors go with the court in the chamber of deliberations. ";
2° Paragraph 2 is replaced by the following:
"The college thus constituted, chaired by the president of the court, deliberates on guilt. ";
3° in paragraph 3, the words "the or the leader of the jurors" are replaced by the words "the president does to this college".
Art. 103. In section 328 of the same Code, replaced by the Act of 21 December 2009, the following amendments are made:
1° in paragraph 1^er, the word "jured" is replaced by the words "members of the college";
2° in paragraph 2, the second sentence beginning with the words "This shall not enter it" and ending with the words "the clerk." is repealed;
3° in paragraph 3, the words "is required to give" are replaced by the word "given";
4° in paragraph 4, the word "jury" is replaced by the word "collège".
Art. 104. In article 329 of the same Code, replaced by the law of December 21, 2009, the words "Jurors deliberate" are replaced by the words "Le Collège délibère".
Art. 105. In the Dutch text of article 329bis, paragraph 1^er of the same Code, inserted by the law of December 21, 2009, the words "door of jury" are repealed.
Art. 106. In section 329ter of the same Code, inserted by the Act of December 21, 2009, the following amendments are made:
1° in paragraph 1^er, the words "the jurors' chief" are replaced by the words "the president";
2° in paragraph 3, the words "to or to the chief of jurors" were replaced by the words "to the president".
Art. 107. Section 329quinquies of the same Code, inserted by the Act of 21 December 2009, is replaced by the following:
"The table for college activities will be arranged so that no one can see what another member of the college does. ".
Art. 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 "collège".
Art. 109. In article 330 of the same Code, replaced by the law of December 21, 2009, the words "the jury leader strips him in the presence of jurors" are replaced by the words "the president strips him in the presence of the college".
Art. 110. Section 332 of the same Code, replaced by the Act of December 21, 2009, is repealed.
Art. 111. Section 333 of the same Code, replaced by the Act of December 21, 2009, is repealed.
Art. 112. In section 334 of the same Code, replaced by the Act of December 21, 2009, the following amendments are made:
1st paragraph 1^er is repealed;
2° Paragraph 2 is replaced by the following:
"Without having to respond to all of the conclusions filed, the College makes the main reasons for the jury's decision. ";
3° a paragraph written as follows is inserted between paragraph 2, which becomes paragraph 1^erand paragraph 3:
"The jury decision questionnaire is attached to the wording of the grounds. ".
Art. 113. In section 337 of the same Code, replaced by the Act of December 21, 2009 and amended by the Act of February 14, 2014, the following amendments are made:
1° paragraph 2 is replaced by the following:
"The president introduces the accused and reads the decision in his presence. The decision contains the College's decision and mentions the motivation. ";
2° in paragraph 3, the words "and application of section 336" are repealed.
Art. 114. In section 356 of the same Code, inserted by the Act of December 21, 2009, paragraph 2 is supplemented by the words ", with the exception of paragraph 6".
Art. 115. In section 420 of the same Code, replaced by the Act of 14 February 2014, paragraph 2 is replaced by the following:
"However, it can be formed an immediate appeal against decisions:
1° on jurisdiction;
2° relating to civil action on the principle of liability;
3° which, in accordance with Article 524bis, § 1^er, decide on public action and order a special investigation into heritage benefits. ".
Art. 116. Article 442bis of the same Code, inserted by the law of 1^er April 2007, is supplemented by two paragraphs:
"The same is true in the event of a decision or order by which the European Court of Human Rights takes note of the friendly settlement reached by the parties and under which the Belgian government recognizes such violation, in accordance with Article 39 of the European Convention, or by which it takes note of the unilateral declaration of recognition of the violation, in accordance with Article 37, § 1^er, of the European Convention, and decides, therefore, to strip the case of the role.
The application for reopening is inadmissible when the government proves that the convicted person has signed his agreement on a friendly remedy, that this agreement has been executed and that the finding of violation is not likely to create a serious doubt as to the outcome of the proceedings under attack. ".
Art. 117. Section 545 of the same Code, replaced by the Act of 12 March 1998 and amended by the Act of 10 June 2001, is replaced by the following:
"Art. 545. On the basis of the application and supporting documents, the Chamber of the Court of Cassation, which is familiar with criminal, correctional or police appeals, shall immediately and definitively decide when the application is manifestly inadmissible or when the evidence reproduced in the application and the supporting documents are sufficient.
If, in addition, a fine for manifestly inadmissible application can be justified, this point alone will be dealt with at a hearing set by the same decision at an earlier date. The Clerk summons the parties by judicial fold to make their submissions in writing for that date.
The fine is one hundred twenty-five euros to two thousand five hundred euros. Every five years, the King can adapt the minimum and maximum amounts to the cost of life. The recovery of the fine is pursued by all means of the right to due diligence of the Registration Authority and the domains.
Where the conditions required in paragraph 1^er for an immediate and final decision shall not be satisfied, the Court of Cassation shall order, as soon as possible and no later than eight days:
1° (a) the communication of the judgment, the application and the documents annexed to the judge to the police court whose divestiture is requested, in order to make, within the time limit set by the Court, a statement on the shipment of the order;
(b) the communication of the order, the request and the documents annexed to it to the first president or the president, according to the jurisdiction whose divestiture is requested, to make, within the time limit set by the Court, a declaration on the shipment of the order, in consultation with the members of the named court, who will contravene the said declaration;
2° the communication of the decision, the request and the documents annexed to it to the non-appealing parties and the provision of the deadline for filing their findings to the Registry and the date of appearance before the Court; this appearance shall take place no later than two months from the filing of the request; However, the Court of Cassation will not order the communication when, by the reasons it sets out, it considers the communication and notification of the date of adverse appearance for the investigation;
3° the communication of the decision, the application and the documents annexed to the Public Prosecutor's Office to the jurisdiction against which the application for referral is filed and the communication of the time limit for filing its notice, if the Court of Cassation considers it necessary;
4° the report, on the day indicated, by one of the advisors appointed by the order.
Without prejudice to the exception set out in point 2°, the conclusions and, where appropriate, the notice of the Public Prosecutor's Office shall be communicated to the parties no later than the day on which the Registry is filed. ".
Art. 118. In section 548 of the same Code, replaced by the Act of 12 March 1998, the words ", unless, by the reasons set out in the Court's judgment, the Court considers that the statement is detrimental to the instruction," are inserted between the words "to the appellant and" and the words "to the parties".
Art. 119. Article 590, paragraph 1^er, of the same Code, replaced by the Act of 8 August 1997 and last amended by the Act of 5 May 2014, is supplemented by the 19th drafted as follows:
"19° the decisions recognizing the extinction of public action pursuant to Article 216bis, § 2.".
Art. 120. In Article 594 of the same Code, replaced by the Act of 8 August 1997 and last amended by the Act of 10 April 2014, the 3rd is supplemented by the words "or finding the extinction of public action pursuant to Article 216bis, § 2".
CHAPTER 3. - Amendments to the Act of 4 October 1867
on mitigating circumstances
Art. 121. In section 2 of the Act of October 4, 1867 on mitigating circumstances, replaced by the Act of December 21, 2009 and amended by the Acts of December 27, 2012 and January 14, 2013, paragraph 3 is repealed.
Art. 122. In section 3, paragraph 3, of the Act, replaced by the Act of 1^er February 1977 and amended by the laws of 11 July 1994 and 8 June 2008, the words "and may be amended under section 2, paragraph 3" are repealed.
Art. 123. In section 5 of the Act, as amended by the Acts of 11 July 1994 and 8 June 2008, paragraph 2 is repealed.
CHAPTER 4. - Amendment of Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings with respect to detainees
Art. 124. In article 2 of Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings against detainees, as amended by the Royal Decree of 28 December 2006 and the Law of 19 December 2014, the following amendments are made:
1° in paragraph 1^er, the words "and are not holder of the amount necessary to cover the costs of the act of bailiff" are repealed;
2° in paragraph 2, the sentence "Mention is made in this record of the circumstance that the opponent is not holding the amount necessary to cover the costs of the act of bailiff." is repealed.
CHAPTER 5. - Amendments to the Judiciary Code
Art. 125. Section 40, paragraph 2, of the Judicial Code, as amended by the Act of October 19, 2015, is supplemented by the following sentence: "The Public Prosecutor's Service to the Public Prosecutor's Office is deemed to be fulfilled by the provision, on the act, of mentions giving it certain date by a clerk of a court or court."
Art. 126. In section 57, paragraph 2, of the same Code, as amended by the Act of October 19, 2015, the words "or, if any, to the Crown Prosecutor" are replaced by the words "or of service by the Public Prosecutor's Office to the Public Prosecutor's Office".
CHAPTER 6. - Amendments to the Act of 20 July 1990
on preventive detention
Section 1^re. - Amendments
Art. 127. In Article 20, § 6, paragraph 2, of the Act of 20 July 1990 on preventive detention, inserted by the law of 12 January 2005, the following amendments are made:
1° the words "and the appeal in cassation is introduced in accordance with section 31" are repealed;
2° the paragraph is supplemented by the following sentence:
"The decision made on appeal is not subject to any immediate appeal."
Art. 128. In section 22 of the Act, last amended by the Act of 27 December 2012, the following amendments are made:
1° in paragraph 1^er, the words "or, from the third decision, every two months" are inserted between the words "months and months" and the words ", on the maintenance of detention";
2° Paragraph 2 is replaced by the following:
"From the third decision, the pre-trial detention order and the modality of the execution of the order form a deprivation of liberty for two months. ";
3° paragraph 8, beginning with the words "When an order is made under paragraph 2" and ending with the words "certified in accordance with the clerk; is repealed.
Art. 129. Section 22bis of the Act, inserted by the Act of 31 May 2005 and amended by the Acts of 30 December 2009 and 27 December 2012, is repealed.
Art. 130. In section 23 of the Act, amended by the laws of 31 May 2005 and 27 December 2012, the words "articles 21, 22 and 22 bis" are replaced by the words "articles 21 and 22".
Art. 131. Section 24bis of the Act, inserted by the Act of 27 December 2012 and amended by the Act of 25 April 2014, is supplemented by paragraph 3 as follows:
§ 3. If an electronic custody is maintained, in accordance with Article 26, § 3, paragraph 2, the powers referred to in paragraphs 1^er and 2 shall be exercised, exclusively upon requisition of the public prosecutor, by the courts referred to in Article 27, § 1^er.
The application shall be filed at the registry of the court which shall rule and record the register for that purpose. It is decided on this request in the board's chamber within five days of its filing, the public prosecutor, the interested person and his counsel heard, and it is given notice to the latter in accordance with Article 21, § 2.
If no decision has been made on the request within that five-day period, possibly extended in accordance with section 32, pre-trial detention continues to be carried out electronically.
The decision is based on Article 16, § 5, paragraph 1^er and 2. "
Art. 132. In section 26 of the Act, as amended by the Acts of 11 July 1994, 4 August 1996 and 21 December 2009, the following amendments are made:
1° Paragraph 3 is supplemented by a paragraph which reads as follows:
"If the accused is in electronic custody, the board's board may, by reason of decision, maintain pre-trial detention under electronic surveillance. ";
2° Paragraph 5 is supplemented by a paragraph which reads as follows:
"If applicable, subsection 4 applies. ".
Art. 133. Section 27 of the Act, as amended by the Acts of 11 July 1994, 12 March 1998 and 30 June 2000, is supplemented by paragraph 4 as follows:
§ 4. If the request for provisional release is rejected, a new request may only be filed after the expiration of one month from the date of release.".
Art. 134. In article 28, § 2, of the same law, the words " § 1^er, 1° " are replaced by the words " § 1^er, 1° and 2°.
Art. 135. In section 29 of the Act, the following amendments are made:
1° the words "and the criminal trial" are inserted between the words "by instruction" and the words "may be made later";
2° the words "or it is registered in a new address in the national registry" are inserted between the words " addressed to the public ministry" and the words ", summonses and meanings take place validly".
Art. 136. In section 30 of the Act, last amended by the Act of 27 December 2012, the following amendments are made:
1° in paragraph 1^er, the word ", 22bis" is repealed;
2° in paragraph 4, paragraph 1^er, the word ", 22bis" is repealed;
3° in paragraph 4, paragraph 1^er, the words ", or for three months from the decision, if the order referred to in sections 22, paragraph 2, and 22bis "are replaced by the words "if it relates to the first or second order of the board or for two months from the decision if it relates to a subsequent order. ";
4° in paragraph 4, paragraph 2, the words "one month" are replaced by the words "two months";
Art. 137. In article 31, § 2, of the same law, as amended by the law of 11 July 1994, the words "These decisions" are replaced by the words "These decisions are not subject to immediate appeal, except for the judgments rendered by the board of indictments on the appeal against the decisions referred to in article 21, § 1^er2.
Art. 138. In article 32 of the same law, the words "22, 25" are replaced by the words "22, 24bis, § 3, 25".
Art. 139. Article 33, § 2, paragraph 3, of the Act, is supplemented by the following sentence:
"They are liable to appeal in cassation as long as the appeal is also filed against the conviction."
Section 2. - Transitional provision
Art. 140. Decisions to maintain preventive detention pursuant to article 22, paragraph 1^er and 2, of the Act of 20 July 1990 on pre-trial detention and article 30, § 4, of the same Act, taken before 1^er July 2016 remain applicable for the period for which they were pronounced.
Sections 22, paragraph 8, and 22bis of the Act remain in force as a transitional measure for pre-trial detention decisions taken before 1^er July 2016 pursuant to section 22, paragraph 2, of the Act.
Section 3. - Entry into force provision
Art. 141. Sections 128 to 130, 136 and 140 come into force on 1^er July 2016.
CHAPTER 7. - Amendment of the Act of 19 December 2003
on the European arrest warrant
Art. 142. In Article 13 of the Act of 19 December 2003 on the European arrest warrant, paragraph 4, repealed by the Act of 25 April 2014, is reinstated in the following wording:
§ 4. The decision of the King's Prosecutor to execute the European arrest warrant in accordance with paragraph 3 constitutes the title of detention until the person's effective handover to the issuing State.
The Crown Prosecutor may, under the conditions referred to in Article 11, §§ 4 and 5, provide for the release under conditions or on bail of the person concerned up to the effective surrender of the person to the issuing State.".
CHAPTER 8. - Provisions relating to entry into force
Art. 143. Articles 73 to 76, 79, 83 to 85, 88 to 90, 92 to 94 and 114 of this title come into force on 1^er March 2016.
Section 83 applies to the failure of a party after February 29, 2016.
Section 121 is applicable to cases that have not yet been deliberated on the settlement of proceedings by the board of indictments on the date of entry into force of this section.
PART 4. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 144. In the Dutch version of articles 5, 7, 16 and 95/11 of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, the word "verontrusten" is replaced by the words "lastig vallen".
Art. 145. In section 12 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or if it appears in the head of the convict a counter-indication that did not exist at the time of the granting of exit permission," are 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 convict a counter-indication that did not exist at the time of the granting of the prison leave," are inserted between the words "a prison leave," and the words "the minister";
3° Article 12 is supplemented by paragraph 3 as follows:
§ 3. If the convicted person no longer meets the time conditions for a decision to grant leave with a certain periodicity or a prison leave, the Minister or his delegate revokes the decision. ".
Art. 146. Section 20 of the Act is renumbered in section 19/1.
Art. 147. In title IV of the same law, a chapter IVbis entitled "Common provision in chapters I, II, III and IV".
Art. 148. In chapter IVbis, inserted by section 147, an article 20 is inserted as follows:
"Art. 20. The leave to leave referred to in Article 4, § 3, the prison leave and the interruption of the execution of the sentence shall not be granted if it appears from a notice of the Aliens Office that the convicted person is not authorized or authorized to stay in the Kingdom. ".
Art. 149. In section 20/1 of the Act, inserted by the Act of 15 March 2012, the following amendments are made:
1° in paragraph 1^erthe word "two" is replaced by the word "six";
2° Article 20/1 is supplemented by two paragraphs written as follows:
"If the convict returns to Belgium within two years of his release by the minister without being in good standing with the laws and regulations relating to access, stay or establishment in the Kingdom, the King's procurator near the court in which the convict is located may order the provisional arrest of the convict. The King's Prosecutor shall forthwith communicate his decision to the Minister or his delegate.
The Minister or his or her delegate shall make a decision to execute the remaining portion of the sentence within seven days of the provisional arrest of the convicted person. This decision shall be communicated in writing within one working day to the convict, the King's attorney and the Director. ".
Art. 150. In Article 21, § 1^er, from the same law, the word "twelve" is replaced by the word "seize".
Art. 151. In Article 25, § 2, of the Act, amended by the laws of 17 March 2013 and 10 April 2014, the following amendments are made:
1° in (c), the words "a custodial prison of thirty years or a custodial sentence of life" are replaced by the words "a correctional prison of thirty years to forty years' imprisonment, a 30 year's imprisonment or a life imprisonment";
2° in the d), the words "a custodial prison of thirty years or a custodial sentence of life" are each replaced by the words "a correctional prison of thirty years to forty years imprisonment, a 30-year imprisonment or a life imprisonment";
3° in the e), the words "a custodial prison of thirty years or a custodial sentence of life" are replaced by the words "a correctional prison of thirty years to forty years imprisonment, a 30-year imprisonment or a life imprisonment".
Art. 152. In title V of the same law, a chapter IIbis entitled "Common provision in chapters I and II".
Art. 153. In chapter IIbis, inserted by section 152, an article 25/2 is inserted as follows:
"Art. 25/2. Limited detention, electronic supervision and conditional release are not granted if it appears from a notice from the Aliens Office that the convicted person is not authorized or authorized to stay in the Kingdom. ".
Art. 154. In title V, chapter III, of the same law, an article 25/3 is inserted as follows:
"Art. 25/3. § 1^er. The provisional release for the removal of the territory is a method of execution of the custodial sentence by which the convicted person, for whom it appears from a notice of the Office of Aliens that he is not authorized or authorized to stay in the Kingdom, is sentenced outside the prison in another country than Belgium, subject to the conditions imposed on him for a specified period of trial.
§ 2. The provisional release for surrender is granted to the convicted person who, on the basis of an enforceable judgment or enforceable title, must be transferred to another country. ".
Art. 155. In Article 26, § 2, of the Act, amended by the Acts of 17 March 2013 and 10 April 2014, the following amendments are made:
1° in (c), the words "a custodial prison of thirty years or a custodial sentence of life" are replaced by the words "a correctional prison of thirty years to forty years' imprisonment, a 30 year's imprisonment or a life imprisonment";
2° in the d), the words "a custodial prison of thirty years or a custodial sentence of life" are each replaced by the words "a correctional prison of thirty years to forty years imprisonment, a 30-year imprisonment or a life imprisonment";
3° in the e), the words "a custodial prison of thirty years or a custodial sentence of life" are replaced by the words "a correctional prison of thirty years to forty years imprisonment, a 30-year imprisonment or a life imprisonment".
Art. 156. Section 37 of the Act is supplemented by a paragraph written as follows:
"The decision to adjourn is brought in writing to the director if the convict is in custody. ".
Art. 157. Section 43 of the Act is replaced by the following:
"Art. 43. § 1^er. If the convicted person requests prison leave at the time of his application for limited detention or electronic surveillance, the judge of the application of the penalties shall decide on the matter at the time of the granting of limited detention or electronic surveillance.
§ 2. If the convict requests prison leave after the granting of limited detention or electronic surveillance, the written application is filed at the prison office.
The prison registry shall forward the written application to the court's office for the enforcement of sentences in the working day and give a copy to the director.
The Director shall render an opinion on the proposed leave address no later than six weeks from the receipt of the written request of the convicted person. The Director may direct the Department of Justice Houses to prepare a brief information report or conduct a social inquiry in the reception area proposed by the convict for prison leave.
The Director's notice is sent to the court's office of enforcement of sentences, and a copy is provided to the public prosecutor and the convicted person.
Within a working day following the receipt of the notice, the Public Prosecutor's Office shall prepare a reasoned notice, transmit it to the enforcement judge and transmit a copy to the convicted person and the director.
The enforcement judge makes a decision within seven days of receiving the Director's notice.
Sections 39 and 40 apply.
§ 3. The judge of the enforcement of sentences fixes the length of the prison leave, which cannot be less than three times thirty-six hours per quarter. Penitentiary leave is renewed in full right every quarter.
§ 4. Section 46 applies.".
Art. 158. In article 46, § 2, second dash, of the same law, in article 58, § 2, second dash, of the same law, in article 68, § 7, second dash, of the same law, in article 78, § 6, second dash, of the same law, in article 95/7, § 4, second dash, of the same law, inserted by the law of 26 April 2007,
Art. 159. In section 47 of the Act, as amended by the Acts of 14 December 2012 and 15 December 2013, the following amendments are made:
1° in paragraph 1^er, the first sentence is supplemented by the words "when the setting of special conditions cannot answer";
2° in paragraph 2, the first sentence is supplemented by the words "where the fixation of particular conditions cannot be met";
3° in paragraph 2, the 1° is repealed.
Art. 160. Article 52, § 1^erParagraph 2 of the Act is replaced by the following:
"The place, day and time of the hearing shall be notified by fold recommended to the convict and the victim and shall be notified in writing to the director. ".
Art. 161. In section 55 of the Act, the following amendments are made:
a) in the 2°, the words "and for provisional release for the removal of the territory" are inserted between the words "limited detention," and the words ", having a fixed address".
(b) the article is supplemented by the 4th written as follows:
"4° for provisional release for the removal of the territory, the obligation to effectively leave the territory and the prohibition to return to Belgium during the trial period without being in good standing with the laws and regulations relating to access to the territory, residence or establishment in the Kingdom and without the prior authorization of the court of enforcement of penalties. ".
Art. 162. In Article 58, § 1^erParagraph 1^er, from the same law, the words "by judicial fold" are replaced by the words "by fold recommended to the post".
Art. 163. Section 59 of the Act is supplemented by two paragraphs written as follows:
"These terms and conditions of enforcement of sentences, with the exception of leave of release referred to in Article 4, § 2, are not granted if it appears from a notice of the Aliens Office that the convicted person is not authorized or authorized to stay in the Kingdom.
Sections 64, 67, 68 and 70 apply.".
Art. 164. In article 60, paragraph 4, of the same law, inserted by the law of 15 March 2012, the word "ten" is replaced by the word "twenty".
Art. 165. In section 61, § 2, of the Act, as amended by the Act of 27 December 2006, the following amendments are made:
1° in paragraph 1^er, the words "by judicial fold" are replaced each time by the words "by fold recommended to the post";
2° Paragraph 2 is replaced by the following:
"The place, day and time of the hearing shall be notified by fold recommended to the convict and the victim and shall be notified in writing to the director. ".
Art. 166. Section 64 of the Act, amended by the Acts of 8 June 2008 and 25 April 2014, is supplemented by the 7th and 8th drafted as follows:
"7° if the convicted person is no longer in the time conditions for the execution of the sentence granted;
8° if, after the granting of a provisional release for the removal of the territory, the convict omits or refuses to leave the territory effectively, does not cooperate in his removal, does not cooperate in his identification with a view to obtaining a travel document or returns without the authorization of the court of the application of the penalties required in section 55, 4°. ".
Art. 167. In section 66 of the Act, a paragraph 2/1 is inserted as follows:
§ 2/1. In the event of a suspension, a judge of enforcement of sentences or a court of enforcement of sentences may grant leave to leave in accordance with sections 4 and 5 or a prison leave in accordance with sections 7 and 8, unless the convicted person is not authorized or authorized to stay in the Kingdom of Foreigners' Office. ".
Art. 168. In section 67 of the Act, the following amendments are made:
1° in paragraph 1^er, the second sentence is supplemented by the words "or grant another modality of execution of the sentence";
2° in paragraph 1^er, the third sentence is supplemented by the words "or the new modality of execution of the sentence";
3° in paragraph 2, the words "or to grant another modality of execution of the sentence" are inserted between the words "additional conditions" and the words ", it fixes".
Art. 169. In section 68 of the Act, as amended by the Acts of 27 December 2006 and 15 December 2013, the following amendments are made:
1° in paragraph 1^er, paragraph 2, the words "by judicial fold" are replaced by the words "by fold recommended to the post";
2° in paragraph 5, paragraph 2, the words "and a provisional release for the removal of the territory" are inserted between the words "of a conditional release" and the words ", the judge";
3° Paragraph 5 is supplemented by two subparagraphs as follows:
"Unless in the case of a revocation in accordance with Article 64, 1°, the court of application of penalties shall determine in its judgment the date on which the convicted person may apply a new application.
This period may not exceed six months from the judgment when the convicted person is sentenced to one or more principal correctional sentences, the total of which is not more than five years. This period is a maximum of one year in the event of criminal penalties or where the total of primary prison sentences is more than five years. This is a minimum of six months and a maximum of eighteen months if the case concerns a sentence of deprivation of liberty of thirty years or more or a custodial sentence of life, with a provision to the court of enforcement of sentences in accordance with sections 34ter or 34quater of the Criminal Code.".
Art. 170. In section 71 of the Act, as amended by the Acts of 27 December 2006, 17 March 2013 and 15 December 2013, the following amendments are made:
1° in paragraph 2, the words "or provisional release for the removal of the territory or for the purpose of surrender" are inserted between the words "in conditional release" and the words "in effect";
2° in paragraph 4, the words "a custodial sentence of thirty years or a custodial sentence of life" are replaced by the words "a correctional penalty of thirty years to forty years imprisonment, a 30-year imprisonment or a life imprisonment".
Art. 171. In section 74 of the Act, as amended by the Acts of 27 December 2006 and 15 December 2013, the following amendments are made:
1° in paragraph 2, subparagraphs 1^er and 2 are replaced by the following:
"The application is filed with the director. The physician shall collect without delay and no later than seven days the opinions of the physicians referred to in paragraph 1^er. The prison registry shall forthwith transmit the request, together with the notices referred to in paragraph 1^erto the court of enforcement of sentences and to the public prosecutor.";
2° in paragraph 3, paragraph 1^er, the words "of the introduction of the convict's request" are replaced by the words "of the receipt of the file as determined in paragraph 2, paragraph 1^er"and the words "by judicial fold" are replaced by the words "by fold recommended to the post";
Paragraph 4 is replaced by the following:
§ 4. The decision to grant a provisional release for medical reasons is communicated to the following authorities and authorities:
- to the head of the local police force of the commune where the convict is to be established;
- the national data bank referred to in section 44/2 of the Police Service Act of 5 August 1992;
- where applicable, to the director of the courthouse of the judicial district of the place of residence of the convicted person. ".
Art. 172. In the same Act, an article 75/1 is inserted as follows:
"Art. 75/1. § 1^er. Without prejudice to the application of section 20 of the Police Service Act of 5 August 1992, the Public Prosecutor's Office is responsible for the control of the convicted person. Where applicable, the Justice Assistant is responsible for the monitoring and control of all conditions imposed on the convicted person by the enforcement judge.
§ 2. In the event of the imposition of special conditions, the justice assistant calls the convicted person immediately after the judgment has become enforceable to provide him with all the information necessary for the proper conduct of release for medical reasons.
§ 3. In the month of the granting of release, the justice assistant reports to the judge of the enforcement of the sentences on the convicted person, and then whenever he considers it useful or the judge of the application of the sentences invites him, and at least once every six months. This report contains all relevant information available to the justice assistant on the convicted person for the judge of enforcement of sentences. The report contains at least one enumeration of all the conditions imposed on the convicted person and the extent to which they are respected. Where applicable, the Justice Assistant proposes the measures that it considers useful.
Communications between the sentencing judge and court assistants are reported, a copy of which is sent to the Public Prosecutor's Office.".
Art. 173. In the same Act, an article 75/2 is inserted as follows:
"Art. 75/2. § 1^er. The enforcement judge may, at the request of the convict or the public prosecutor, suspend, specify or adapt one or more conditions imposed on the circumstances, but may not strengthen or impose additional conditions.
The written application is filed at the court office for the application of penalties.
A copy of the written application to the other party shall be forwarded to the court of enforcement without delay.
§ 2. If they have comments, the convict or the Public Prosecutor's Office shall, within seven days of receipt of the copy, communicate them to the enforcement judge.
If the judge of the application considers it useful, he shall hold a hearing, which shall be held no later than one month after the receipt of the written request referred to in paragraph 1^er. The convict and his counsel and the Public Prosecutor's Office are heard.
The judge of enforcement of sentences may also decide to hear other persons.
The hearing is closed.
§ 3. Within fifteen days of the receipt of the written application or, if a hearing has taken place, within fifteen days of the deliberation, the judge of the application of the sentences shall render his decision. The judgment shall be notified by fold recommended to the convict ' s post and communicated in writing to the public prosecutor ' s office.
The amendments are also communicated to the authorities and authorities which, in accordance with Article 74, § 4, must be informed.".
Art. 174. In section 76 of the Act, amended by the Acts of 27 December 2006 and 25 April 2014, the current text of which will form paragraph 1^erthe following amendments are made:
1° in the 3°, second sentence, the words "of office or at the request of the public ministry" are inserted between the words "may charge," and the words "at any time";
2° the article is supplemented by a paragraph 2, which reads as follows:
"§2. In the cases referred to in paragraph 1^er, the enforcement judge may review the conditions imposed on provisional release for medical reasons. In this case, the enforcement judge may strengthen the conditions imposed or impose additional conditions. However, provisional release for medical reasons is revoked if the convicted person does not agree on the new conditions. ".
Art. 175. In section 78 of the Act, as amended by the Act of 15 December 2013, the following amendments are made:
1° in paragraph 1^er, alinea 1^er, the words "in the cases provided for in Article 76, 1° to 3°" are replaced by the words "or a revision of the conditions in the cases provided for in Article 76, § 1^er1° to 3°
2° in paragraph 1^er, paragraph 2, the words "by judicial fold" are replaced by the words "by fold recommended to the post";
3° Paragraph 4 is supplemented by a paragraph which reads as follows:
"If the judge of the enforcement of sentences decides to strengthen the conditions imposed or impose additional conditions, he sets the time when this decision becomes enforceable. ";
4° in paragraph 5, paragraph 1^er, the words "by judicial fold" are replaced by the words "by fold recommended to the post".
Art. 176. In section 79 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or the public ministry" are inserted between the words "in whose jurisdiction the convicted person is" and the words ", can order";
2° in paragraph 4, paragraph 3, the words "Article 78, § 5" are replaced by the words "Article 78, §§ 5 and 6".
Art. 177. In section 80 of the Act, amended by the Act of 27 December 2006, the first sentence is supplemented by the words "with a maximum of ten years".
Art. 178. In Article 83, § 1^er, paragraph 2, of the same law, the words "by judicial fold" are replaced by the words "by fold recommended to the post".
Art. 179. In section 86 of the same law, the words "by judicial fold" are replaced by the words "by fold recommended to the post".
Art. 180. In Article 89, § 1^erParagraph 2 of the Act is replaced by the following:
"The place, day and time of the hearing shall be notified by fold recommended to the position of the convicted person and the victim and, if the convicted person is in custody, brought in writing to the director's knowledge. ".
Art. 181. In section 95, paragraph 1^er, from the same law, the words "by judicial fold" are replaced by the words "by fold recommended to the post".
Art. 182. In article 95/3, paragraph 2, paragraph 3, of the same law, inserted by the law of 26 April 2007, the words "at articles 372, 373, paragraphs 2 and 3, 375, 376, paragraphs 2 and 3, or 377, paragraphs 1^er2, 4 and 6 of the Criminal Code are replaced by the words "articles 372 to 378 of the Criminal Code, or for acts referred to in sections 379 to 387 of the Criminal Code if committed on the person of minors or with their participation".
Art. 183. In section 95/5, § 2, of the same law, inserted by the law of 26 April 2007, paragraph 1^er is replaced by the following:
"The place, day and time of the hearing shall be notified by fold recommended to the position of the convicted person and the victim and, if the convicted person is in custody, brought in writing to the director's knowledge. ".
Art. 184. In article 95/12, § 2, of the same law, inserted by the law of 26 April 2007, a paragraph written as follows is inserted between paragraphs 3 and 4:
"Article 31 is of application."
Art. 185. In section 95/16 of the Act, inserted by the Act of 26 April 2007 and amended by the Act of 15 December 2013, the following amendments are made:
1° in paragraph 2, the words "Article 66" are replaced by the words "Article 66, §§ 2 and 3,"
2° in paragraph 5, paragraph 1^er, the words "by judicial fold" are replaced by the words "by fold recommended to the post".
Art. 186. Article 95/21, paragraph 1^erthe same law, inserted by the law of 26 April 2007, is supplemented by the following sentence:
"The deprivation of liberty of the convicted person is maintained where there is a risk in his head that he commits serious offences that violate the physical or psychological integrity of third parties and that it is not possible to overcome them by imposing special conditions in the context of a release under surveillance. ".
Art. 187. In Article 95/23, § 1^erParagraph 3, of the Act, inserted by the Act of 26 April 2007, is replaced by the following:
"The place, day and time of the hearing shall be notified by fold recommended to the convict and the victim and shall be notified in writing to the director. ".
Art. 188. In Article 95/24, § 1^er, from the same law, inserted by the law of April 26, 2007, the words "Subject to" are replaced by the words "Without prejudice to".
Art. 189. In section 95/27 of the Act, inserted by the Act of 26 April 2007 and amended by the Act of 25 April 2014, the following amendments are made:
1° in paragraph 1^er, the words "revocation or suspension" are replaced by the words "revocation, suspension or revision";
2° Paragraph 3 is replaced by the following: "Articles 68, §§ 1^er to 4, and 70 apply.".
Art. 190. In section 95/30 of the Act, inserted by the Act of 26 April 2007 and amended by the Act of 15 December 2013, the following amendments are made:
1° in paragraph 1^erParagraph 2 is replaced by the following:
"The place, day and time of the hearing shall be notified by fold recommended to the convict and the victim and shall be notified in writing to the director. ";
2° in paragraph 6, paragraph 1^er, the words "by judicial fold" are replaced by the words "by fold recommended to the post".
Art. 191. In section 96 of the Act, amended by the Acts of 26 April 2007 and 17 March 2013, the following amendments are made:
1° in paragraph 1^er, the words "and the revision of the particular conditions," are repealed;
2° in paragraph 1^er, the words "or revocation" are replaced by the words ", revision or revocation";
3° in paragraph 2, (b), the words "and the revision of the particular conditions" are repealed;
4° in paragraph 2, (b), the words ", to the revision" are inserted between the words "to the refusal" and the words "or";
5° in paragraph 2, (c), the words "and the revision of the particular conditions" are repealed;
6° in paragraph 2, (c), the words ", to the revision" are inserted between the words "to the refusal" and the words "or";
7° in paragraph 2, (d), the words "and the revision of the particular conditions" are repealed;
8° in paragraph 2, (d), the words ", to the revision" are inserted between the words "to the refusal" and the words "or";
9° in paragraph 2, (e), the words "and the revision of the particular conditions" are repealed;
10° in paragraph 2, e), the words ", to the revision" are inserted between the words "to the refusal" and the words "or";
11° in paragraph 2, (f), the words ", and the revision of the particular conditions" are repealed;
12° in paragraph 2, (f), the words ", to the revision" are inserted between the words "to the refusal" and the words "or to the".
Art. 192. In Article 97, § 1^er, paragraph 2, of the same law, amended by the laws of 6 February 2009 and 19 December 2014, the word "quinze" is replaced by the word "five".
PART 5. - Amendments to various provisions
CHAPTER 1^er. - Judicial Organization
Section 1^re. - Amendments to the Judicial Code
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, ruling in the General Assembly on the requisitions of the Attorney General or that magistrate heard, may" be replaced by the words "the first president of the Court of Appeal may, on the requisitions of the Attorney General or that magistrate heard,".
Art. 194. In section 120 of the same Code, as amended by the Acts of 13 November 1987, 9 July 1997 and 21 December 2009, the following amendments are made:
1° in paragraph 1^er, the words "a member of the Court of Appeal or a member of the Court of Appeal admitted to retirement because of his or her age that has not yet reached the age of 70" are replaced by the words "a member of the Court of Appeal, a member of that court admitted to retirement because of his or her age and who has not yet attained the age of 73 or a member of that court who at his or her request is entitled to
2° in paragraph 3, the words "among the members of this court or a member of the court of appeal admitted to retirement because of its age that has not yet reached the age of 70" are replaced by the words "among the members of that court, the members of that court admitted to retirement because of their age and who have not yet reached the age of 73 or the members of that court who are entitled to retire as a result of their age.
Art. 195. In section 121 of the same Code, replaced by the Act of December 21, 2009 and amended by the Act of July 19, 2012, a sub-paragraph 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 presidents of the Court of First Instance concerned among the vice-presidents and judges admitted to retirement because of their age and who have not reached the age of 73 or who at their request have been retired before the legal age and who have also been authorized to carry the honorary title of their duties. ".
Art. 196. In section 122 of the same Code, replaced by the Act of 21 December 2009, the following amendments are made:
1° the current text, which will form paragraph 1^er, is replaced by the following:
"The first president of the Court of Appeal may, in exceptional circumstances related to the organization of the courts and tribunals, decide on the requisitions of the Attorney General, that one or more members of the court appointed by him shall serve as an assailant or alternate assailant instead of members of the Court of First Instance. ";
2° the article is supplemented by a paragraph written as follows:
"Assessors and alternate assessors may also be designated by the first president of the Court of Appeal among the members of the Court who are eligible for retirement because of their age and who have not yet reached the age of 73 or who at their request are eligible for retirement before the legal age and who have also been authorized to carry the honorary title of their duties. ".
Art. 197. Article 162, § 2, of the same Code, replaced by the Act of 25 April 2007, is supplemented by five paragraphs written as follows:
"By reasoned individual order and after positive advice from the competent general prosecutor, the head of the body may assign the exercise of all the powers of the public prosecutor to prosecutors appointed on a final basis by the public prosecutor's office, the general auditor, the federal public prosecutor's office, the public prosecutor's office, the public prosecutor's office or the labour auditor, to the extent that they justify a minimum of two years as a legal officer in the judicial order.
Prosecutors referred to in paragraph 3 may make public proceedings before the police court, unless they deal with offences under section 419, paragraph 2, of the Criminal Code.
Are excluded:
- jurisdiction related to the exercise of public action in the courts of siege, correctional chambers of appeal and correctional courts;
- the competence of the Public Prosecutor ' s Office under the Act of 20 July 1990 on preventive detention;
- the right of action to impose measures on the basis of qualified facts in the youth chambers of the courts of appeal or the youth court.
Competences that can only be exercised by prosecutors who have followed the special training prescribed by law can be exercised by prosecutors, provided they have been trained in the same training.
The services actually preceded as a contractual lawyer are taken into account in calculating seniority. This skill assignment may be withdrawn at any time by the head of body. The prosecutor's lawyer is placed under the authority and supervision of his head of body and exercises the skills assigned to him under the responsibility of one or more judges. ".
Art. 198. In article 223, paragraph 1^er, 2°, d), of the same Code, replaced by the law of 21 December 2009, the words "the judicial districts of Verviers and Eupen" are replaced by the words "the judicial district of Eupen and the cantons of Limbourg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and Verviers".
Art. 199. In article 226, paragraph 2, of the same Code, inserted by the law of 24 March 1980 and amended by the law of 23 September 1985, the words "the judicial districts of Verviers and Eupen" are replaced by the words "Eupen's judicial district and the cantons of Limbourg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve".
Art. 200. In article 229, paragraph 3, of the same Code, replaced by the law of 23 September 1985, the words "districts of Verviers and Eupen" are each replaced by the words "of the judicial district of Eupen and the cantons of Limburg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and Verviers".
Art. 201. Section 237 of the same Code, last amended by the Act of 19 July 2012, is supplemented by a paragraph written as follows:
"In accordance with Article 115, paragraph 3, the drawing of the jury is made in the final list of the judicial district where the session of the court of siege is opened by this decision. If applicable, the additional drawing referred to in section 238, paragraph 2, shall be made in the same final jury list. ".
Art. 202. In article 259quater, § 5, of the same Code, inserted by the law of 22 December 1998 and replaced by the law of 8 May 2014, the following amendments are made:
1st paragraph 1^er is supplemented by the following sentence:
"Where applicable, the designation to the federal prosecutor's office also leads to a simultaneous, over-numbered subsidiary designation as a federal judge."
2° Paragraph 5 is supplemented by a paragraph which reads as follows:
"Not later than six months before the end of his term of office or in the month before the end of his term of office if he has not been renewed, the federal prosecutor shall inform the Minister of Justice whether he or she chooses to reintegrate the position to which he or she was appointed in the last place and in accordance with paragraph 7, if any with the deputy term to which he or she was appointed, or to exercise his or her term as a federal judge."
Art. 203. In section 259sexies, § 2, of the same Code, inserted by the Act of 22 December 1998 and last amended by the Act of 13 June 2006, paragraph 4 is replaced by the following:
"The youth liaison magistrates and the assisting magistrates are appointed for a period of five years, which can, after evaluation, be renewed twice. Federal judges are appointed for a period of five years, which may, after a positive assessment, be renewed each time for five years. After two renewals, the term of office of federal magistrate can only be renewed after a positive complementary opinion from the College of Attorneys General. ".
Art. 204. In Book II, title I, of the same Code, it is inserted a chapter VI entitled "Judges mandated to carry out a mission within the framework of Eurojust".
Art. 205. In chapter VI, inserted by section 204, an article 309ter is inserted as follows:
"Art. 309ter. § 1^er. The Minister of Justice shall, on the advice of the Federal Prosecutor and the Attorney General who has international relations in his powers, among the federal magistrates, the Belgian member of Eurojust and the Belgian member of Eurojust.
The designations are valid for a period of five years and may be renewed on the advice of the Federal Prosecutor and the Attorney General who has international relations in his or her powers. However, if the Belgian member occupies the position of president or vice-president of Eurojust, his or her designation is at least until the end of his or her term as president or vice-president.
The Belgian member of Eurojust can replace the latter.
The Belgian member of Eurojust performs his duties at the Eurojust headquarters.
The Assistant may serve at the Eurojust headquarters by a decision of the Minister of Justice after the advice of the Federal Prosecutor and the Attorney General who has international relations in his or her powers.
The deputy, however, performs his duties at the Eurojust headquarters when the Belgian member of Eurojust occupies the position of President of Eurojust.
§ 2. During the period of their appointment, the judges referred to in paragraph 1^er retain their status as a federal judge and continue to enjoy the treatment associated with this function as well as the increments and benefits associated with it, with the exception of articles 355bis, § 2, and 357, § 4, paragraph 5.
They remain as federal judges subject to the assessment referred to in section 259undecies.
§ 3. Judges referred to in paragraph 1^er perform their duties as a federal judge under the immediate authority and supervision of the federal prosecutor.
Derogation from paragraph 1^er, where the Belgian member exercises the presidency or vice-president of Eurojust, Article 28, 3, of Council Decision 2002/187/JAI of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime applies.
§ 4. Without prejudice to the assessment referred to in section 259undecies, the College of Attorneys General assesses, on the basis of, inter alia, the reports of the Belgian member and after hearing, the manner in which the member implements the directives of criminal policy and exercises his competence in accordance with the tasks and objectives of Eurojust. This assessment is included in the report referred to in Article 143bis, § 7.
To this end, the Belgian member of Eurojust transmits to the Minister of Justice, to the Federal Prosecutor and to the Attorney General who has international relations in his powers a bimonthly activity report on his activities within Eurojust.".
Art. 206. In the same chapter VI, an article 309quater is inserted as follows:
"Art. 309quater. The Minister of Justice designates the national correspondents of Belgium to Eurojust among the federal magistrates, on the advice of the federal prosecutor.
In the event of the Belgian member of Eurojust and the deputy, the national correspondent of Belgium with Eurojust exercises the competence of the Belgian member of Eurojust.".
Art. 207. In the same chapter VI, an article 309quinquies read as follows:
"Art. 309quinquies. § 1^er. The Minister of Justice designates the Belgian member of the common control body referred to in Article 23 of Council Decision 2002/187/JAI of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime among the members of the Privacy Commission.
§ 2. The designation is valid for a five-year period that can be renewed twice.
§ 3. The designated member within the common control body receives a presence token whose amount and terms of granting are determined by the King."
Art. 208. In Book II, title I, of the same Code, it is inserted a chapter VII titled "Laundromatist mandated to carry out a mission within the framework of Eurojust".
Art. 209. In chapter VII, inserted by section 208, an article 309sexies is inserted as follows:
"Art. 309sexies. § 1^er. The Minister of Justice designates as Assistant to Eurojust, on the advice of the Federal Prosecutor and the Attorney General who has international relations in his office, a Public Prosecutor's Legal Officer appointed to the Federal Prosecutor's Office to assist the Belgian member and the Deputy.
The assistant cannot replace either the member or the deputy.
The Assistant may serve at the Eurojust headquarters on a decision by the Minister of Justice after the advice of the Federal Prosecutor and the Attorney General who has international relations in his or her powers.
§ 2. Prosecutor ' s legal officer referred to in paragraph 1^er continues to enjoy the treatment associated with this function as well as the increases and benefits associated with it.
The King fixes the assistant's post allowance."
Art. 210. In article 309ssepties, § 2, of the same Code, inserted by the law of 10 April 2014, the words ", by order deliberately in the Council of Ministers," are repealed.
Art. 211. In article 363bis of the same Code, inserted by the law 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".
Art. 212. Article 411, § 1^er, paragraph 4, of the same Code, replaced by the Act of 15 July 2013, the following amendments are made:
1° the word "309ter," is inserted between the word "308," and the word "323bis";
2° paragraph 4 is supplemented by the following sentence:
"The term of office of a non-magistrate designated as an assessor in the disciplinary court or in the disciplinary court of appeal is terminated when the individual accepts a mission referred to in sections 309sexies and 309ssepties.".
Section 2. - Amendments to the law of 21 June 2004 transposing the decision of the Council of the European Union of 28 February 2002 establishing Eurojust to strengthen the fight against 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 establishing Eurojust to strengthen the fight against serious forms of crime is replaced by the following:
"Art. 2. The Belgian office of Eurojust is composed of a Belgian member, a Belgian member's deputy and a Belgian member's assistant. They are designated in accordance with articles 309ter and 309sexies of the Judicial Code.
Belgium's national correspondents with Eurojust are designated in accordance with Article 309quater of the same Code.
The Belgian member of the common control body referred to in Article 23 of Council Decision 2002/187/JAI of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime is designated in accordance with Article 309quinquies of the same Code.".
Art. 214. Sections 3 to 6 of the Act are repealed.
Section 3. - Amendment of the law of 3 April 1953 of judicial organization
Art. 215. In section 2 of the Act of 3 April 1953 of a judicial organization, restored by the Act of 4 March 1997, replaced by the Act of 21 June 2001 and amended by the Acts of 14 December 2004 and 30 December 2009, the number "24" is replaced by the number "28".
Section 4. - Amendments to the Act of 5 May 2014
relating to the internment of persons
Art. 216. In Title VII, Chapter IV of the Law of 5 May 2014 on the Internship of Persons, an article 135/1 is inserted as follows:
"Art. 135/1. A review for the recruitment of assailants in the application of penalties and specializations in the field of effective and alternate clinical psychology can be conducted in accordance with the Royal Decree of 2 October 2006 which determines the procedure for examinations for the recruitment of assessors in the application of the specialized penalties for actual and alternate penal matters and of assessors specialized in effective and alternate social reintegration, before the entry into force of Article 196bis of the Judicial Code,
Art. 217. Section 136 of the Act, as amended by the Act of October 19, 2015, is replaced by the following:
"This Act comes into force on 1^er July 2016, with the exception of:
1st Article 6, § 1^erparagraph 2, which comes into force on 1^er January 2020;
2° Article 135/1 and this Article which come into force on the day of the publication of this Act to the Belgian Monitor.
The King may set effective dates prior to those mentioned in paragraph 1^er".
Section 5. - Abrogatory provision
Art. 218. The law of 17 December 2002 assigning the title of attorney general to the member of the public ministry representing Belgium within the Eurojust unit and regulating its financial situation is repealed.
Section 6. - Transitional provisions
Art. 219. § 1^er. Judges who have been retired on the basis of the Act of 15 May 1984 on harmonization measures in pension plans within five years of the coming into force of this Act may, within six months of the coming into force of this Act, apply to the Minister of Justice for designation in accordance with sections 120, 121 or 122 of the Judicial Code.
The Minister of Justice shall, within thirty days after receipt of the application, request the written notice of reasons:
1st of the first president of the Court of Appeal;
2°, if any, of the president of the court of first instance where the applicant has exercised his last function;
§ 2. The notices are forwarded to the Minister of Justice within thirty days of the request for notice referred to in subsection 1^er and communicated to the applicant within the same time.
§ 3. The Minister of Justice shall, within seven days from the request for notice, transmit the file to the competent appointing and appointing committee referred to in section 259bis-8 of the Judicial Code.
The presentation by the Appointment and Designation Commission shall form a reasoned decision to accept or refuse the application for designation.
The submission shall be forwarded by the Appointment and Designation Committee within forty days of the application.
§ 4. The King has a period of sixty days from receipt of notices to make a decision and to communicate it to the applicant and the first president of the Court of Appeal, as well as to the Attorney General of the place where the oath is to be lent.
Art. 220. § 1^er. The Belgian member with Eurojust who was appointed on the basis of Article 2 of the Law of 21 June 2004 transposing the decision of the Council of the European Union of 28 February 2002 establishing Eurojust in order to strengthen the fight against serious forms of crime obtains the specific mandate of federal magistrate, if any overnumbered, and completes his mission which began on 30 May 2002 and which was extended twice for a period of five years.
§ 2. The Belgian member of the common control body referred to in Article 23 of Council Decision 2002/187/JAI of 28 February 2002 establishing Eurojust in order to strengthen the fight against serious forms of crime according to the time of the coming into force of this Act completes its current mission.
§ 3. In the expectation of the King's post allowance, an annual allowance of 20,000 euros is allocated to the Belgian member and the deputy as long as they perform their duties at the Eurojust headquarters. The allowance is paid monthly.
This allowance is related to the mobility regime applicable to the remuneration of State agents in service activity. It is attached to the pivotal index 138,01.
CHAPTER 2. - Changes in security provisions
Section 1^re. - Amendment to the Organic Law of 18 July 1991 on the Control of Police and Intelligence Services and the Coordinating Body for Threat Analysis
Art. 221. Article 35, § 2, paragraph 1^erthe following amendments are made:
1° the words "all six months" are 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 "semestriel" is replaced by the word "annual";
4° the words "as well as the State Security and the General Intelligence and Security Service" are inserted between the words "to the Ministers of Justice and Defence" and the words ", who have the faculty".
Section 2. - Amendments to the Organic Law of 30 November 1998 of the Intelligence and Security Services
Art. 222. In the Organic Law of 30 November 1998 of the Intelligence and Security Services, an article 16/2 is inserted as follows:
"Art. 16/2. The intelligence and security services may, in the interest of carrying out their duties, require the assistance of an electronic communications network operator or an electronic communications service provider to:
1° the identification of the subscriber or the usual user of an electronic communication service or the electronic means of communication used;
2° the identification of electronic communications services and means to which a specified person is subscribed or that are usually used by a specified person.
The requisition is carried out in writing by the chief of service or his delegate. In the event of an emergency, the Chief of Service or his or her delegate may request this information verbally. This verbal requisition is confirmed within 24 hours by a written requisition.
Any operator of an electronic communications network and any supplier of an electronic communications service that is required shall provide the Chief of Service or his or her delegate with the data that has been requested within and under the terms and conditions to be determined by a Royal Decree on the proposal of the Minister of Justice, the Minister of Defence and the Minister who has electronic communications in his or her powers.
The chief of service or his or her delegate may, in accordance with the principles of proportionality and subsidiarity, and by recording the consultation, also obtain the data referred to by means of access to the files of the customers of the operator or service provider. The King, on the proposal of the Minister of Justice, the Minister of Defence and the Minister who has electronic communications in his or her powers, sets out the technical conditions to which such access is possible.
Any person who refuses to disclose the data so requested or to provide the required access shall be liable to a fine of Euro20 to Euro10 thousand.
The intelligence and security services maintain a record of all required identifications and all identifications obtained by direct access. The Standing Committee R receives a list of identifications and access each month from the relevant intelligence service.".
Art. 223. In Article 18/2, § 1^erin the same Act, inserted by law of 4 February 2010, the following amendments are made:
(a) the 4th is replaced by the following:
"4° the identification or location, using a technical means, of the services and means of electronic communication to which a specified person is subscribed or that are usually used by a specified person; ";
(b) it is inserted the 4° /1 as follows:
"4° /1 the requisition of the operator of an electronic communications network or a supplier of an electronic communications service in order to obtain data relating to the payment method, the identification of payment method and the timing of payment of the subscription or use of the electronic communications service;".
Art. 224. Article 18/7, § 1^er, of the same Act, inserted by the Act of 4 February 2010, is replaced by the following:
§ 1^er. If this is of interest in the exercise of the duties, the officer of the service may, by a written decision, proceed or cause to:
1° the identification or location, using a technical means, of the services and means of electronic communication to which a specified person is subscribed or that are usually used by a specified person;
2° the requisition of the operator of an electronic communications network or supplier of an electronic communications service in order to obtain data relating to the payment method, the identification of payment method and the timing of the payment of the subscription or use of the electronic communications service. An intelligence and security service may also obtain the data covered by access to the client files of the operator or service provider. ".
Section 3. - Amendments to the Act of 7 December 1998
organizing an integrated, two-tiered police service
Art. 225. In section 118 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, as amended by the Acts of 28 December 2006 and 31 July 2013, the following amendments are made:
1° in paragraph 1^er, the words "and Article 138bis" are inserted between the words "of Article 138, § 1^er, 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^er, 3° and 4° and the words ", cannot fill police missions".
Art. 226. In the same law, an article 138bis is inserted as follows:
"Art. 138bis. § 1^er. As a judicial police officer, the members of the administrative and logistical framework of the federal police and the local police shall be at a minimum level C and shall be designated, respectively, by the Director General of the Federal Police Administrative Police or by the head of the local police force to carry out the findings based on material evidence provided by devices operating automatically in the presence or absence of a qualified police officer, in accordance with the law 62 of 1968
§ 2. In order to be able to perform their functions, the staff referred to in paragraph 1^er shall take the oath referred to in section 137.
§ 3. Paragraphs 2 and 3 of Article 138, § 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 Money Laundering and the Financing of Terrorism
Art. 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 Money Laundering and the Financing of Terrorism, last amended by the Law of 25 April 2014, a paragraph is inserted between paragraphs 2 and 3:
"Paragraph 1^er Nor does it apply to communications made in the context of mutual collaboration between, on the one hand, the Cell and, on the other hand, the State Security, the General Intelligence and Security Service of the Armed Forces and the Coordination Body for Threat Analysis, in the context of the fight against terrorism, its financing and the laundering activities that could be linked to it. ".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 February 2016.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Minister of Security and Interior,
J. JAMBON
Minister of Defence,
S. VANDEPUT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-1418
Full report: 14 and 28 January 2016