Law Amending The Law Of The Various Provisions And Civil Procedure Justice

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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015009530&caller=list&article_lang=F&row_id=200&numero=219&pub_date=2015-10-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-10-22 Numac: 2015009530 SERVICE PUBLIC FÉDÉRAL JUSTICE 19 October 2015. -Act to amend various provisions and civil procedure law justice PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: title 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
TITLE 2. -Changes in the law of civil procedure Chapter 1. -Changes of Code judicial Section 1st. -Provisions amending art. 2. in article 23 of the Judicial Code, the words "that the request is based on the same cause;" are replaced by the words "the request is based on the same cause, regardless of the legal basis relied on;".
S. 3. in the same Code, it is inserted an article 32ter as follows: "article 32ter. any notification or communication to or any deposit to courts or tribunals, the public prosecutor or the services that depend on the judiciary including grafts and the secretariats of parquet, or any notification or communication to a lawyer, a bailiff or a notary by courts or tribunals, the Crown or services that depend on the judiciary including grafts and the secretariats of parquet , or by a lawyer, a bailiff or a notary can be done using the computer system of Justice designated by the King.
The King fixed the terms of this computer system, confidentiality and effectiveness of communication is guaranteed.
The use of the said computer system may be imposed by the King to the instances, services or actors mentioned in paragraph 1 or to some of them. "."
S. 4. article 38, § 2, paragraph 1, of the same Code, replaced by the law of May 24, 1985, is supplemented by the following sentence: "the meaning to the Prosecutor of the King may be made by delivery of the copy of the deed to a Secretary or a prosecutor lawyer.".
S. 5. article 40, paragraph 2, of the same Code is supplemented by the following sentence: "the meaning to the Prosecutor of the King may be made by delivery of the copy of the deed to a Secretary or a prosecutor lawyer.".
S. 6. in article 42, single paragraph, of the same Code, 7 ° is supplemented by the following sentence: "the meaning to the Prosecutor of the King may be made by delivery of the copy of the deed to a Secretary or a prosecutor lawyer.".
S. 7. in the same Code, it is inserted an article 46/1 as follows: "article 46/1. Notification by simple letter to a part for which a lawyer acts in accordance with articles 728, 729 or 729/1 and has not informed the registry pursuant to article 729/1 that it ceased to act for this part is done by simple letter to the lawyer. "."
S. 8. article 57, paragraph 2, of the same Code is supplemented by the following sentence: "the furnishing of a copy of the exploit to the Prosecutor of the King can be made to a Secretary or a prosecutor lawyer.".
S. 9. in article 519, § 1, paragraph 2, of the same Code, replaced by the law of 7 January 2014, inserted a 1 ° bis worded as follows: "1 ° bis. "The recovery of the debts of money non-contested in accordance with section Iquinquies of title 1 of part five;"
S. 10. in the Dutch text of article 702, 3 °, of the same Code, the word "onderwerp" is replaced by the word "voorwerp".
S. 11. in the same Code, it is inserted an article 729/1 as follows: "article 729/1. The lawyer acting for a party that previously had no lawyer, the lawyer who succeeds another lawyer and counsel that ceasing to act for a party without it succeeds another lawyer shall inform without delay the registry by simple letter.
This notification shall take effect upon receipt. "."
S. 12A section 744 of the same Code, amended by the Act of April 26, 2007, the following changes are made: 1 ° 1st paragraph is repealed;
2 ° the first sentence of paragraph 2 becomes paragraph 1 and is replaced by the following sentence: "the conclusions contain also, successively, and specifically: 1 ° the relevant facts for the resolution of the dispute;"
2 ° claims the conclusive;
3 ° the arguments in support of the application or of the defence, as appropriate by numbering the different means and indicating their character primary or subsidiary;
4 ° the request regarding the conclusions of the judgment, where appropriate indicating whether main or subsidiary of its various branches. ";
3 ° the second sentence of paragraph 2 becomes paragraph 2.
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13. in article 748bis of the Code inserted by the Act of April 26, 2007, the first sentence starting with the words "without prejudice" and ending with the words "conclusions of synthesis" is replaced by the following sentence: "Except in cases where findings may be taken outside of the time limits referred to in article 747, the latest findings of a part take the form of conclusions of synthesis.".
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14A article 764 of the same Code, replaced by the law of 3 August 1992 and amended by the Act of May 12, 2014, the following changes are made: 1 ° paragraph 2 is replaced by the following: "the public prosecutor can be communicate all other causes when it considers suitable. The tribunal or the Court may also order ex officio the communication, with the exception of the action referred to in article 138bis, § 2, paragraph 1."
2 ° article is supplemented by three paragraphs worded as follows: "the Crown issues its opinion in the most appropriate form when it considers suitable.
By way of derogation from paragraph 3, the Crown issues always, in the cases referred to in the paragraph 1, 10 °, a notice when requested by the tribunal.
The college of prosecutors general issue directives specifying in what cases referred to in paragraph 1 of the notice will be given. These guidelines are binding for all members of the public prosecutor. Prosecutors about the appellate courts shall ensure the implementation of these guidelines within their purview. "."
S. 15. article 765/1 of the same Code, inserted by the Act of May 12, 2014, is replaced by the following: 'article 765/1. Under penalty of nullity, the family court and the rooms of the family of the appellate court does not adjudicate, for cases involving minors, after notifying the cause the Crown and that, after becoming aware of his possible opinion.
The public prosecutor's mission is to communicate more appropriately and in compliance with the adversarial all relevant information to the Court.
Paragraphs 4 and 5 of article 764 shall apply by analogy. "."
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16. article 766 of the same Code, replaced by the law of 14 November 2000 and last amended by the Act of April 25, 2014, is replaced by the following: 'article 766. § 1.
If a cause is discoverable under the Act or the Crown in application communication, the registry informed the public prosecutor of the date of the hearing as well as to the identity of the parties and, where necessary, minors concerned.
If the public prosecutor considers appropriate to give an oral opinion, it is issued at the hearing. The fact is stated on the sheet of hearing.
If the public prosecutor considers suitable to issue written notice prior to the hearing, it is lodged at the registry no later than the day before the hearing and provided to counsel for the parties or, if they have no lawyer, the parties themselves.
If the public prosecutor considers appropriate to issue a notice in writing after the pleadings, it shall inform the judge prior to the closing of the discussion. This notice is filed in the registry and provided to counsel for the parties or, if they have no lawyer, the parties themselves by a date determined by the judge who also fixes the date up to which parties may file with the registry their conclusions to replicate the opinion of the public prosecutor.
If the public prosecutor considers appropriate to no opinion, notify the registry no later than the day before the hearing.
§ 2. For other causes, j. wishing communicates the cause to the public prosecutor's Office no later than at the time where he delivered the closing of debates. The fact is stated on the sheet of hearing. Fixed per the date of the hearing to which the Crown will issue its possible oral opinion and to which the parties may reply to any oral or written public Ministry notice. A copy of the sheet of hearing is transmitted to the Crown with the parts of the procedure within 48 hours of the hearing.
In the eight days preceding the hearing referred to in paragraph 1, the Crown informed the registry regarding its intention to issue an opinion and the shape of it. If notice is given in writing, it is filed within the same time at the registry and provided to counsel for the parties or, if they have no lawyer, the parties themselves. "."
S. 17. article 767 of the same Code, replaced by the law of 14 November 2000 and last amended by the Act of April 25, 2014, is replaced by the following: 'article 767. § 1. If the possible opinion of the public prosecutor is issued orally, the parties who appear are heard immediately in their comments on this notice.
If any notice is issued in writing and filed in the registry prior to the hearing, the parties may reply orally at the hearing or at a later hearing set by the judge.
However, the judge may permit the party who so requests, to respond in writing by submissions filed in the registry within the time limit set by it. The decision of the judge is likely to no remedy.
§ 2.

Replicas of the parties on the advice of the Crown are taken into consideration only insofar as they comply with the opinion of the public prosecutor. "."
S. 18. in article 770, § 1, of the same Code, as last amended by the Act of April 25, 2004, paragraph 1 is replaced by the following: "when the judge holds the case under advisement to pronounce judgment, he fixed the day of this pronunciation, which must occur within one month from the close of the debates. "This period is extended by a month when the debates were closed during the month before the judicial holidays referred to in article 334"
S. 19. in article 780, paragraph 1, of the same Code, the 3rd is replaced by the following: "3 ° the purpose of the request and the response to the means of the parties exposed in accordance with article 744, paragraph 1;".
S.
20. article 806 of the Code is replaced by the following: 'article 806. in the judgment by default, the judge granted the claims or defences of the appearing party, except to the extent where the procedure, these applications or means are contrary to public policy. "."
S. 21. in the Dutch text of article 825, paragraph 1, of the same Code, the word "onderwerp" is replaced by the word "voorwerp".
S. 22. in article 860 of the same Code, paragraph 1, is replaced by the following: "regardless of the formality omitted or improperly completed, no pleading may be declared invalid, no violation of a period prescribed on pain of nullity may be sanctioned if the sanction is not formally issued by the law.".
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23. article 861 of the Code is replaced by the following: 'article 861. the judge cannot declare void an act of procedure or sanction failure to comply with a prescribed period on pain of nullity if failure or irregularity denounced harm the interests of the party claiming the exception."
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24. article 862 of the same Code, replaced by the law of August 3, 1992, is hereby repealed.
S. 25. article 864 of the Code, replaced by the law of 3 August 1992, is replaced by the following: 'article 864. the nullity which would follow publication an act of procedure or failure to comply with a time limit on pain of nullity are covered if they are not offered at the same time and before any other means. "."
S. 26. in article 865 of the Code, replaced by the Act of April 26, 2007, the '867' is replaced by the number "861".
S. 27. article 867 of the Code, replaced by the Act of April 26, 2007, is repealed.
S. 28. article 875bis of the Code, inserted by the law of 15 May 2007, is replaced by the following: 'article 875bis. except where the measurement relates to the fulfilment of a condition of admissibility, the judge may order a measure of inquiry only after the action has been declared admissible.
The judge limited the choice of the measures of inquiry and the content of this measure to what is sufficient for the resolution of the dispute in the light of the proportionality between the expected costs of the measure and the importance of the case and giving the measure the easiest, fastest and least expensive. "."
S. 29. in the Dutch text of article 1026, single paragraph, 3 °, of the same Code, the word "onderwerp" is replaced by the word "voorwerp".
S. 30. in the Dutch text of article 1034ter, single paragraph, 4 °, of the same Code, inserted by the law of 3 August 1992, the word "onderwerp" is replaced by the word "voorwerp".
S. 31. article 1050 of the same Code, as amended by the Act of 3 August 1992, is replaced by the following: 'article 1050. in all matters, the call can be trained from the pronunciation of the judgment, even if it has been made default.
Against a decision on jurisdiction or, unless the judge decides otherwise, an interlocutory decision, an appeal can be lodged with the appeal from the final judgment. "."
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32. in part five, title I, of the same Code, there shall be inserted an Iquinquies chapter, entitled "the recovery of uncontested money debts" and containing the 1394/20-1394/27 articles.
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33. in the chapter Iquinquies inserted by article 32 article be inserted a 1394/20 as follows: "article 1394/20. Any non-disputed debt which is object a sum of money and that is certain and payable on the date of the summons referred to in article 1394/21 may, regardless of the amount, plus increases provided for by law and the costs of the recovery as well as where appropriate and to the extent of 10% of the principal amount of the debt all interest and penalty clauses, be recovered on behalf of and for account of the creditor, at the request of counsel for the creditor, by a bailiff, with the exception of debts concerning: 1 ° of the public authorities referred to in article 1412bis, § 1;
2 ° of the creditors or debtors who are not enrolled in the Crossroads Bank for enterprises;
3 ° of operations which are not carried out in the context of the activities of the company;
4 ° a bankruptcy, judicial reorganization, a collective settlement of debts and other forms of legal assistance;
5 ° of non-contractual obligations, unless a) they are the subject of an agreement between the parties, or if there is an acknowledgment of debt, or b) they relate to debts arising from joint ownership of property. "."
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34. in the same chapter Iquinquies, it is inserted a section 1394/21 as follows: "article
1394/21. Before recovery, the bailiff means a requirement to pay to the debtor.
The summons contains, on pain of nullity, in addition to the particulars provided for in article 43: 1 ° a clear description of the obligation that follows the debt;
2 ° a description and rationale clear of all amounts claimed from the debtor, including the costs of the summons and, where appropriate, statutory increases, interest and penalty clauses;
3 ° the requirement to pay in the month and the manner in which payment may be made;
4 ° the possibilities available to the debtor to respond to the summons, in accordance with article 1394/22;
(5) the registration of the creditor and the debtor to the Crossroads Bank for enterprises.
At the Act of summation, are appended: 1 ° a copy of the documentary evidence available to the creditor;
2 ° the answer form referred to in article 1394/22. "."
S. 35. in the same chapter Iquinquies, it is inserted a section 1394/22 worded as follows: "article 1394/22. The debtor who does not pay amounts that are recovered may, within the time limit referred to in article 1394/21, paragraph 2, 3 °, request payment facilities or make known the reasons for which he disputes the debt, using the reply form which is attached to the deed of summation.
The answer is, against acknowledgement of receipt form, sent to the bailiff said, is surrendered to his study or sent another way which is determined by the King. The bailiff gives knowledge without delay to the creditor as well as, where appropriate, the payment of the debt. "."
S. 36. in the same chapter Iquinquies, it is inserted a section 1394/23 as follows: "article 1394/23. Where the debtor pay the debt or made known the reasons why he disputes the debt, recovery ends, without prejudice to the right of the creditor, in case of dispute of the debt, to exercise its action by judicial.
Where the creditor and debtor agree to payment facilities, the recovery is suspended. "."
S. 37. in the same chapter Iquinquies, it is inserted a section 1394/24 as follows: "article 1394/24. § 1. No earlier than eight days after the expiry of the period referred to in article 1394/21, paragraph 2, 3 °, the bailiff undersigned establishes, at the request of the creditor, a record of no contest in which it is found, as the case may be: 1 ° that the debtor did not pay all or part of the debt, nor did or obtained from the payment facilities , nor did know the reasons why he disputes the debt;
2 ° is that the creditor and debtor have agreed to payment facilities which have however not been complied with.
The minutes also include indications of summons Act and the updated count debt principal, the Penal clause, interest and costs.
§ 2. The minutes is made enforceable upon request of the bailiff by a magistrate of the Committee of management and monitoring near the central file of the notice of seizure, delegation, transfer, for collective settlement of debts and protest referred to in article 1389bis/8.
It is covered with the enforceable formula and constitutes, if necessary in proportion to the balance of the debt, a title which, in accordance with the fifth part of this Code, may be implemented.
§
3. Without prejudice to the competence of the judge in case of problems with the execution, the execution of minutes of no contest is suspended by legal action, which is introduced by inconsistent application. Title Vbis of book II of part IV shall apply, with the exception of article 1034quater. Under penalty of nullity, each copy of the application is accompanied by a copy of the minutes of no contest.
§ 4. A fully executed recovery worth transaction for the full debt including all statutory increases, interest and penalty clauses potential. "."
S. 38. in the same chapter Iquinquies, it is inserted a section 1394/25 as follows: "article 1394/25. The King fixed the model form of response under article 1394/22, the model of minutes of no contest, how this record is declared enforceable and binding formula referred to in article 1394/24 § § 2 2 '. "
S. 39. in the

even chapter Iquinquies, it is inserted a section 1394/26 as follows: "article 1394/26.
Article 38 of the Act of 15 June 1935 concerning the use of languages in judicial matters shall apply by analogy. "."
S. 40. in the same chapter Iquinquies, it is inserted a section 1394/27 as follows: "article 1394/27. § 1. It is established to the Chambre nationale des huissiers de justice under article 555, a 'central register for the recovery of uncontested money debts', hereinafter referred to as "Central registry". The central registry is a computerized database organized and managed by the National Chamber of bailiffs which are collected the data needed to control the proper operation of the uncontested money debt recovery procedures and make binding the minutes of no contest.
To that end, without prejudice to other communications or notices, the bailiff undersigned sends to the central registry, within three working days a copy of all the exploits, citations, notifications, communications, payment facilities, or minutes and, where appropriate, of their annexes, referred to in this chapter.
§ 2. The National Chamber of bailiffs is considered, for respect to the central registry, as the controller, within the meaning of article 1, § 4 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The data contained in the central registry are kept for ten years.
§ 3. Bailiffs may register directly and review data from the central registry made party or, where applicable, by creditor. These bailiffs are appointed namely in a computerized registry that is constantly updated by the National Chamber of bailiffs.
Once a record of no contest has been declared enforceable under article 1394/24, the information contained in the central registry which thereto cannot be consulted by the National Chamber of bailiffs for the purpose referred to in paragraph 6.
§ 4. Those who, in any capacity whatsoever, participates in the collection or recording of data in the central registry or treatment or communication of data that are recorded or has knowledge of such data, is required to respect its confidentiality. Article 458 of the penal Code shall apply.
§ 5. To verify the accuracy of data entered into the central register and be able to update permanently the central registry, the Chambre nationale des huissiers de justice has access to the data referred to in article 3, paragraph 1, 1 °, 2 °, 5 ° and 7 ° of the law of 8 August 1983 organising a national register of natural persons, and she can use this register identification number. However, it cannot disclose the number to third parties, in any form whatsoever.
The King sets the manner in which information from the national register data are transmitted to the National Chamber of bailiffs. It can also fix terms and conditions for the use of the identification number of the national register by the National Chamber of bailiffs.
§ 6. The National Chamber of bailiffs is responsible for controlling the functioning and utilization of the central registry. Where appropriate, Chapter VII of book IV of part II of this Code applies.
§
7. The King determines the terms of creation and operation of the central registry. "."
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41. article 1397 of the Code is replaced by the following: 'article 1397. subject to the exceptions provided by law or unless the judge decides otherwise by means of a specially reasoned decision and without prejudice to article 1414, opposition against final judgements pending execution.
Except where otherwise provided by law or unless the judge decides otherwise by a specially reasoned decision, without prejudice to article 1414, final judgments are enforceable provisionally notwithstanding appeal and without guarantee if the judge ordered not it constituted one. "."
S. 42. article 1398 of the Code is replaced by the following: 'article 1398. the provisional execution of the judgment takes place at the risk and peril of the party that pursues.
It continues without guarantee if the judge has not ordered it and without prejudice to the rules of the plaice box. "."
S. 43. article 1398/1 of the same Code, inserted by the Act of July 30, 2013, is replaced by the following: 'article
1398/1. By way of derogation from article 1397, paragraph 1, and unless special provisions, the opposition against the final judgment of the judge of the family court is suspended not execution.
The judge at the family court may, by means of a specially reasoned decision, refuse provisional enforcement if one of the parties so requests. "."
S. 44. article 1398/2 of the same Code, inserted by the Act of July 30, 2013, is repealed.
S. 45. article 1399 of the same Code, as amended by the Act of February 19, 2008, is replaced by the following: 'article 1399. the opposition and the appeal suspends execution: 1 ° of final judgments concerning the status of persons;
2 ° of the judgments rendered by the judge of the family court, sitting as part of the emergency known or invoked within the meaning of article 1253ter/4, and which concern disputes concerning the formalities relating to the solemnization of marriage, the lifting of the prohibition of the marriage of minors and its authorization.
Provisional enforcement of these judgments cannot be permitted. "."
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46. in section 1400 of the same Code, paragraph 1 is replaced by the following: "§ 1." The judge may impose provisional enforcement to the provision of a guarantee that it determines and directs, if applicable, the terms. "."
S. 47. article 1401 of the same Code is replaced by the following: 'article 1401 if the first judges have discarded provisional enforcement, this can always be requested when calling. "."
S. 48. in article 1495, paragraph 2, of the same Code, 'still subject to ordinary appeal' shall be replaced by the words "still capable of opposition".
S. 49. in article 1734, § 2, of the same Code, inserted by the law of 21 February 2005, the word "three" is replaced by the word "six".
Section 2. -Disposition transitional art. 50. articles 14 to 17 shall apply to the cases before the Court from January 1, 2016.
Sections 41 to 48 shall apply to the cases brought from the date of entry into force of this Act.
Section 3. -Entry into force art. 51. articles 9 and 32 to 40 come into force on a date to be determined by the King and no later than September 1, 2017.
Section 3 comes into force on a date to be determined by the King but no later than 1 January 2016.
CHAPTER 2. -Simplifications for the computerization Section 1st. -Amendment of the law of 8 August 1997 on bankruptcy art. 52A article 68, paragraph 2, of the law of 8 August 1997 on bankruptcy, replaced by the law of December 6, 2005, the following changes are made: 1 ° "Four months" shall be replaced by the words "Each year";
2 ° "16 months" shall be replaced by the words "two years".
Section 2. -Amendment of the Code of corporations s. 53. in article 103, paragraph 1, of the Code of corporations, as amended by the Act of 23 January 2001, the words "and the registries of the commercial courts are responsible" are replaced by the words "is responsible for".
TITLE 3. -Miscellaneous provisions Chapter 1. — Amendment of the preliminary title of the Code of criminal procedure art.
54. in article 21 of the Act of 17 April 1878 containing the preliminary of the Code of criminal procedure, inserted by the law of 30 May 1961 and amended by laws on December 21, 2009, 30 November 2011 and 10 April 2014, paragraph 2 is replaced by the following: "the period shall, however, be a twenty years if the offence is a crime punishable by life imprisonment or another crime committed on a person" less than 18 years and who can be correctionnalisé in application of article 2 of the law of October 4, 1867, extenuating circumstances. The period shall be 15 years if the offence is a crime which cannot be correctionnalisé in application of article 2 of the law of October 4, 1867, extenuating circumstances. These time limits are not affected by the reduction or modification of the penalty because of extenuating circumstances. "."
CHAPTER 2. -Organization judicial Section 1st. -Changes of Code judiciary art.
55. at article 72 of the Judicial Code, amended by the laws of the July 19, 2012, December 1, 2013 and may 8, 2014, the following changes are made: 1 ° in the paragraph 1, the word 'If' is replaced by the words "in respect of the Act of 15 June 1935 concerning the use of languages in judicial matters, due to operational requirements or if";
2 ° paragraph 2 is replaced by the following: "the seat of the Court by police or a division of the police court can in the same conditions be temporarily transferred in another commune in the district.".
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56A article 78 of the same Code, as amended by the laws of the 17 May 2006, June 13, 2006, December 3, 2006, 17 March 2013, 30 July 2013 and April 10, 2014, the following changes are made: 1 ° paragraph 3 is repealed;
2 ° paragraph 4 becomes paragraph 3 is replaced by the following: "j. unique specialized correctional Chamber referred to in article 76, § 2, paragraph 2, receive specialized training organized by the Institute of judicial training.";

3 ° paragraph 5 is repealed.
S. 57 A section 91 of the same Code, replaced by the law of 3 August 1992 and amended by the law of 11 July 1994, March 28, 2000, May 17, 2006, April 21, 2007, 11 February 2014 and 25 April 2014, the following changes are made: 1 ° paragraphs 2 to 8 are repealed;
2 ° in article 10, the second and third sentences shall be repealed.
S. 58. in article 92 of the Code, replaced by the law of 3 August 1992 and amended by the acts of 28 November 2000, May 17, 2006, June 13, 2006, April 21, 2007, December 21, 2009, April 22, 2010, 2 June 2010 and April 25, 2014, the following changes are made: 1 ° 1st paragraph of paragraph 1 is replaced by the following : "Business in material law enforcement relating to crimes punishable by imprisonment of more than twenty years and appeals from judgments in criminal by the tribunal de police, are attributed to a Chamber composed of three judges.";
2 ° a paragraph 1/1, worded as follows is added: "§ 1/1. Notwithstanding section 91, the president of the Court of first instance may, where the complexity or the significance of the case-specific and objective circumstances so require, assigning authority, case by case, cases to a Chamber of three judges. "."
S. 59. in article 92bis of the same Code, inserted by the Act of March 17, 2013, "article 78, paragraph 6" shall be replaced by the words "article 78, paragraph 4".
S. 60. article 99bis of the same Code, inserted by the law of December 3, 2006 and amended by the Act of July 30, 2013, is repealed.
S. 61. in article 100, § 4, paragraphs 3 to 5 of the same Code, replaced by the law of December 1, 2013 as amended by the law of May 8, 2014, "de Nivelles" are each time replaced by the words "Brabant Wallon".
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62. in article 104, paragraph 7, of the same Code, as amended by the law of June 30, 1971, the words "are composed of two advisers to the Court of work and a social adviser appointed in respect of self-employed" shall be replaced by the words "are composed, in addition to the president, two social advisers appointed in respect of self-employed workers".
S. 63A article 109a of the same Code, inserted by the law of July 19, 1985 and amended by the laws of the 3 August 1992, July 9, 1997, April 22, 2010, July 30, 2013, 25 April 2014 and may 8, 2014, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." Unless it relates exclusively to civil actions or it shall be restricted to such actions, appeal decisions in criminal matters is assigned to a Chamber with three advisors, as appropriate, to the specific room referred to in article 101 § 1, paragraph "3.;
2 ° paragraph 2 is repealed;
3 ° paragraph 3 is replaced by the following: "§ § 3 3" Other causes are attributed to an adviser to the court rooms. When the complexity or the significance of the case-specific and objective circumstances so require, the first president may assign, authority, case by case, the business to a Chamber with three advisors. "."
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64. in article 138bis of the Code inserted by the law of December 3, 2006 and amended by laws on June 6, 2010, 19 July 2012 and 30 July 2013, the following changes are made: 1 ° in paragraph 1, the first sentence is replaced by the following: "in civil matters, the Crown comes by way of action requisition or, when it considers it appropriate, by way of notice. ';
2 ° paragraph 1/1 is replaced by the following: "§ 1/1." The family court statue after notifying the cause the Crown to any notice or requisitions on: 1 ° requests relating to minors;
2 ° all materials where law requires its intervention. '. "
S. 65. in article 156bis, paragraph 1, of the same Code, inserted by the Act of July 17, 1984 and amended by the law of 10 February 1998, December 22, 1998, June 21, 2001 and may 7, 2010, the words "and magistrates who at their own request are allowed to retire before the legal age and who also were allowed to carry the honorary title of their function" shall be inserted between the words "article 383 ", § 1"and the words";" they have no regular duties".
S. 66. article 183, § 2, paragraph 3 of the same Code, restored by the law of February 18, 2014, is supplemented by the following sentences: "at its request and on a proposal from the president of the College of the courts, a magistrate allowed retired because of his age in accordance with article 383, § 1, or who at his own request is allowed to retire before the legal age and who" In addition, was allowed to carry the honorary title of his duties may be authorized by the King to exercise a function non-remunerated within the support services. The agreement of the head of body is, in addition, asked when the proposed magistrate is a deputy magistrate referred to in section 383, § § 2 2 '. "
S. 67. article 185, § 2, paragraph 3, of the same Code, restored by the law of February 18, 2014, is complemented by the following sentences: "at its request and on proposal of the president of the College of public prosecutors, a magistrate allowed to retire because of his age in accordance with article 383, § 1, or who at his own request is allowed to retire before the legal age and who" In addition, was allowed to carry the honorary title of his duties may be authorized by the King to exercise a function non-remunerated within the support services. The agreement of the head of body is, in addition, asked when the proposed magistrate is a deputy magistrate referred to in section 383, § § 2 2 '. "
S. 68 article 195 of the Code, as amended by the law of 21 January 1997 and 13 April 2005, the following changes are made: 1 ° in the paragraph 1, the words "three years" are replaced by the words "one year" and the words "the Crown", are replaced by the words "Crown and alternate judges referred to in article 156bis" ,";
2 ° in paragraph 4, the words ", or by a deputy magistrate referred to in article 156bis" are repealed.
S. 69. in article 207bis, § 2, of the same Code, inserted by the Act of 9 July 1997, the words ", subject to listed exceptions in section 383, § 3" are repealed.
S. 70. in article 210 of the Penal Code paragraph 1, replaced by the law of December 22, 1998, is replaced by the following: "the president and Councillors sitting only in the cases referred to in article 109a, § 3, are chosen by the first president of the Court of appeal on the advice written and motivated by the Attorney general, among the Commissioners to be appointed for one year at least.".
S. 71. in article 294bis of the Code inserted by the law of December 31, 2012, "the former magistrate who was granted resignation" shall be replaced by the words "the magistrate who at his own request is allowed to retire before the legal age".
S.
72. in article 378, paragraph 2, of the same Code, replaced by the law of 3 May 2003, "Deputy magistrate" shall be replaced by the words "Deputy judge, the Deputy judge to a justice of the peace or the alternate judge to a police court".
S. 73. in article 379 of the same Code, the words "Deputy magistrate" are each time replaced by the words "Deputy judge, the alternate to a justice of the peace or judge acting in a police court".
S. 74. in article 379 bis, paragraph 1, of the same Code, inserted by the Act of July 17, 1984, "to sit" shall be replaced by the words "to carry out its function".
S. 75A Section 383 of the same Code, replaced by the Act of July 17, 1984, as amended by laws of 22 December 1998, 3 May 2003, 7 May 2010 and may 8, 2014, the following changes are made: 1 ° paragraph 1 is supplemented by a paragraph worded as follows: "judges who at their own request are allowed to retire before the legal age and who" In addition, were allowed to carry the honorary title of their function retain their status as magistrate unless he renounce explicitly, if necessary at a later date than their admission to retirement. ";
2 ° in paragraph 2, paragraph 1, the words "and the magistrates who at their own request are allowed to retire before the legal age and which, in addition, were allowed to carry the honorary title of their function" shall be inserted between the words "as referred to the § 1, ' and the words"may be designated";
3 ° paragraph 3 is repealed.
S. 76A article 383bis of the same Code, inserted by the Act of July 17, 1984 and amended by the laws of the January 31, 1986, 22 December 1998 and July 19, 2012, the following changes are made: 1 ° in the paragraph 1, 1st subparagraph, the following sentence is inserted between the first and the second sentence: "justices of the peace may also to be allowed under the same conditions to continue to exercise their functions in another canton's judicial district.";
2 ° in the paragraph 1, paragraph 1, the phrase "the authorization may not exceed the term of six months and is not renewable." is replaced by 'authorization is for a period of six months renewable once.';
3 ° in the paragraph 1, paragraph 2, the words "the president of justices of the peace and judges at the Court of police and in the boroughs of Brussels and Eupen by" shall be inserted between the words "made by" and the words "the president of the Court of first instance";
4 ° in paragraph 2, the words "the president of the judges of the peace and judges to the tribunal de police", shall be inserted between the words "the presidents of the courts", and the words "counsel for the King".
S. 77. in the same Code, it is inserted an article 383ter as follows: "article

383ter. § 1. By way of derogation from article 383, § 1, at their request and on notice motivated by their leader's body, the magistrates of the judiciary may be authorised by the King to continue to exercise their functions until they reach the age of seventy years or three years at the Court of cassation.
The authorization is valid for one year and is renewable.
The chefs de corps are not allowed to continue to exercise their mandate on the basis of this provision.
The judges a Deputy mandate or a specific mandate continue to exercise this mandate to the conditions laid down in articles 259quinquies or 259sexies.
§ 2. The magistrate who wants to be kept in service after the age of sixty-seven years or the magistrate in the Court of cassation who wishes to be kept in service after reaching the age of seventy years, introduced for this purpose no earlier than 18 months before that date and no later than nine months before the date of this anniversary, a request , the form prepared by the King, with its body Chief.
The magistrate who wants to introduce an application for renewal after reaching the age of sixty-seven or seventy years at the Court of cassation, the fact no later than six months before the expiry of the previous extension.
The magistrate simultaneously communicates a copy of its application, or if any of its renewal application, the Minister of Justice.
The corps leader communicates the request and its reasoned opinion, to the Minister of Justice, within a period of one month.
The reasoned opinion focuses both on the opportunity for the Court or the Prosecution Department of the service continued as well as on the most appropriate duration for this maintenance.
In the absence of notice within the prescribed period, the proceedings are continued at the initiative of the Minister of Justice.
The presidents of the courts of first instance and the commercial courts and the presidents and justices of the peace and judges to the tribunal de police address the request referred to in § 2, paragraph 1, the first President of the Court of appeal. The presidents of the labour courts address this request to the first president of the Labour Court. According to the case, the first president of the Court of appeal or the Court of the work address this request and its opinion to the Minister of Justice.
Crown attorneys and Auditors in the work address this request to the Attorney general at the Court of appeal which addressed this request and its opinion to the Minister of Justice.
The first president of the Court of cassation, the Attorney-general at the Court of cassation, the presidents of the courts of appeal and labour courses, attorneys general the courts of appeal and federal prosecutor shall submit this request to the Minister of Justice, which issues an opinion on this request.
Magistrates referred to in paragraphs 7 to 9 address their renewal request to the commanding officer of the Court or the Prosecutor's office in which they perform their function.
The King takes a decision within three months of receipt of the request.
§ 3. The judges who continue to exercise their functions on the basis of paragraph 1 continue to perceive their treatment in accordance with the provisions of title III of book II, and retain their rank. "."
S. 78. article 397bis of the Code, inserted by the law of May 6, 1997 and amended by the law of 24 March 1999, is replaced by the following: 'article 397bis. the referendum closely the Court of cassation and the referendum and prosecution lawyers near courts and courts cease to perform their duties and are allowed to retire when they have reached the age of sixty-five years or when a severe and permanent disability no longer allows them to properly perform their duties.
The general law of 21 July 1844 on Civil and ecclesiastical pensions applies to the referendum and parquet retired Jurists.
The retention may be authorized until the age of seventy years by the Minister of Justice at the request of the staff member. The retention period is set for a maximum period of one year. It is renewable. "."
Section 2. -Amendment of the law of 17 July 1984 laying down certain measures likely to reduce the judicial backlog s. 79. in article 14 of the law of 17 July 1984 laying down certain measures likely to reduce the judicial backlog, amended by the Act of April 10, 2014, the following changes are made: 1 ° in the paragraph 1, the words "the members of staff of grafts and floors" are replaced by the words "the members of staff of transplants, the secretariats of parquet and support services";
2 ° in paragraph 2, the first sentence is replaced by the following sentence: "the retention may be authorized up to the age of seventy years by the Minister of Justice at the request of the staff member.".
Section 3. -Amendment of the Act of July 7, 1969, determining the framework staff of courts and courts of work article
80. in the table "Labour courts" contained in article 1 of the law of 7 July 1969 determining the framework of the staff of the courts and tribunals of work, replaced by Act 6 January 2014, the word 'Place' is replaced by the word "Tribunal", the word 'Nivelles' is replaced by the words "Brabant wallon" and "Mons-Charleroi" shall be replaced by the word "Hainaut".
Section 4.
-Amendment of the law of 15 July 1970 determining the framework of the staff of the commercial courts and amending the Act of 10 October 1967 containing the Judicial Code articles 81. in the table in article 1 of the law of 15 July 1970 determining the framework of the staff of the commercial courts and amending Act of 10 October 1967 containing the Judicial Code, replaced by the law of January 6, 2014, the word 'Place' is replaced by the word "Tribunal", the word 'Nivelles' is replaced by the words "Brabant wallon" and "Mons-Charleroi" shall be replaced by the word "Hainaut".
Section 5. -Amendment of the law of 14 December 1970 determining the framework of alternate judges in the labour courts and commercial courts art. 82. in the table in the sole article of the law of 14 December 1970 determining the framework of alternate judges in the labour courts and commercial courts, replaced by the law of January 6, 2014 and amended by the Act of April 25, 2014, the word 'Place' is replaced by the word "Tribunal", the word 'Nivelles' is replaced by the words "Brabant wallon" and "Mons-Charleroi" shall be replaced by the word "Hainaut".
Section 6.
-Modification of the General Law on Civil and ecclesiastical of July 21, 1844 s. pensions 83. article 7 of the general law of 21 July 1844 on Civil and ecclesiastical pensions, amended by the law of 23 December 1974 and which the Dutch version has been established by the law of April 11, 2005, is supplemented by a paragraph as follows: "the former head of body may be authorized to wear the honorary title of his tenure as first president , President, Chairman of the judges of peace and the judges at the tribunal de police, Attorney general and federal prosecutor, Prosecutor of the King and auditor of the work. "."
Section 7. -Provisions transitional art.
84. articles 56 to 60, 62 and 63 shall apply to cases pending at the time of their entry into force, except when: 1 ° the case has already been the subject, to the same degree of jurisdiction, one hearing to three judges or advisors, other than the hearing of introduction;
2 ° 1 September 2015, the case had been referred to a Chamber of three judges or advisors at the request of one or more parties or;
3 ° the president of the Court of first instance or the first president of the Court of appeal, as the case may be, confirms the reference of the case or cases before a Chamber to three judges or advisors.
S. 85 § 1. The magistrates who were admitted to the pension on the basis of the law of May 15, 1984 of harmonisation measures in pension in the five years preceding the entry into force of this Act may within a period of six months after the entry into force of this Act apply to the Minister of Justice to be appointed as deputy magistrate.
The Minister of Justice requests, within thirty days after receipt of the application the written reasoned opinion: 1 ° of the commanding officer of the Court or the public prosecutor's Office near the Court to which the application relates;
2 ° of the commanding officer of the Court or public prosecutor near the Court where the plaintiff has exercised his last position.
§ 2. Opinions are forwarded to the Minister of Justice within a period of thirty days from the request for an opinion referred to in paragraph 1 and releases within the same time limit to the applicant.
§ 3. The Minister of Justice shall transmit within seventy days of the dossier to the commission appointment and competent designation referred to in article 259a-8 of the Judicial Code.
The presentation by the commission of appointment and appointment takes the form of a reasoned acceptance or refusal of the application for designation decision.
The submission is forwarded by the commission appointment and designation within a period of forty days from the request.
§ 4. King has a period of 60 days from the receipt of the notice to take a decision and communicate it to the applicant and the head of body of the Court or the public prosecutor near jurisdiction where will be held the designation, as well as the Attorney general of the place where the oath is to be lent.
S. 86. the judiciary

which, on the day of the entry into force of this Act, have been appointed to the Labour Court, the commercial court or Prosecutor of the work of Nivelles, are supposed to have been appointed respectively to the Labour Court, the commercial court or Prosecutor of the work of the Walloon Brabant.
Judges who were appointed to the Labour Court, the commercial court or Prosecutor of labour from Mons-Charleroi, on the day of the entry into force of this Act, are supposed to have been appointed respectively to the Labour Court, the commercial court or Prosecutor of the work of Hainaut.
S. 87. the clerks, Secretaries and other members of the staff of the A, B, C or D level which, on the day of the entry into force of this Act, have been appointed to the registry or to the secretariat of public prosecutor in the Labour Court, the commercial court or the auditor's office of Nivelles labour, are supposed to have been appointed to the registry or Prosecutor respectively of the labour tribunal secretariat officio the commercial court or the auditor's office's work of Walloon Brabant.
The clerks, Secretaries and other members of the staff of the A, B, C or D level which, on the day of the entry into force of this Act, have been appointed to the registry or to the secretariat of public prosecutor in the Labour Court, the commercial court or of the Mons-Charleroi labour auditor, are supposed to have been appointed to the registry or Prosecutor respectively of the labour tribunal secretariat officio the commercial court or the auditor's office's work of Hainaut.
The members of judicial personnel who are engaged in the framework of a contract of employment remain attached instead of work indicated in their contract of employment. The description of the workplace is adapted with an endorsement to the contract of employment.
CHAPTER 3. -Amendment of the Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this art.
88. article 8 of the Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this fact, replaced by the Act of July 30, 2013, is supplemented by a paragraph worded as follows: "However, if the cause relates solely to the amount of the civil interests" , the opinion of the public prosecutor is not required. "."
S. 89. This chapter applies to the cases before the Court from January 1, 2016.
Chapter 4. -Modification of the Act of May 5, 2014 the confinement of persons art. 90. in article 136 of the Act of May 5, 2014 for the confinement of persons the words '1 January 2016' are replaced by '1 July 2016'.
CHAPTER 5. -Entry into force art.
91. article 54 enter into force the day of the publication of this Act in the Moniteur belge.
Articles 56 to 60 and 62-64 come into force on January 1, 2016.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on October 19, 2015.
PHILIPPE by the King: the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note Chambers of representatives (www.lachambre.be) Documents: complete record 54-1219: 16 October 2015.