Posted the: 2015-09-04 Numac: 2015009389 FEDERAL JUSTICE PUBLIC SERVICE July 20, 2015. -Act to amend the Code of criminal procedure with regard to the possibility of transmission of a contagious illness (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. in book II, title IV, of the Code of criminal procedure, it is inserted a chapter IX entitled "chapter IX. Analysis of the possibility of transmission of a contagious illness during the commission of an offence".
S. 3. in chapter IX, inserted by article 2 article be inserted a 524quater as follows: "article 524quater. § 1. If there are serious indications suggest that the victim of an offence could have been contaminated during the commission of that offence by a serious illness a list is established by royal decree, the Prosecutor may request the suspect to submit to a blood sample to analyze if it is infected with this disease. If there are serious indications suggest that the victim may have been contaminated by the blood of another person that the suspect, the Prosecutor may also address this request to the third party. The suspect and the third party cannot consent to the blood that in writing. This consent cannot be validly given if the Attorney of the King or a police officer of judicial, Assistant of the Prosecutor of the King, previously informed him of the legal framework in which the levy is sought, particularly stressing the purely medical purpose of the levy. There is mention of this information in the written consent of the person concerned.
§ 2. If the suspect refuses to consent to the blood, the Prosecutor of the King may, in the interests of the victim, order him to submit to a buccal swab for the purposes of the analysis referred to in paragraph 1. The order may be given only after written authorization of the examining magistrate at the request of the Prosecutor of the King.
§ 3. The analysis referred to in paragraph 1 is carried out by the levy, by a doctor, a blood sample, except where the blood is contraindicated for specific medical reasons.
In this case, it can be carried out at a buccal swab or with the voluntary collaboration of the person concerned or as provided for in paragraph 2.
The suspect or a third person who is asked to submit to a blood or the realization of a buccal smear may consent in writing from the age of sixteen. If the suspect or a third party has not reached the age of eighteen, he shall, for the purposes of paragraphs 1 and 2, be accompanied by at least one of his parents, by a lawyer or another major person of his choice.
§ 4. The doctor collects the amount of blood or performs a necessary buccal swab for analysis referred to in paragraph 1 or paragraph 2. If the measure referred to in paragraph 2, shall be executed under physical duress, it is exercised by police officers under the command of an officer of judicial police auxiliary of the Procurator of the King.
§ 5. The Prosecutor may order that an analysis as referred to in paragraph 1 is carried out on the blood discovered on the occasion of an offence referred to in paragraph 1. "."
S. 4. in the same chapter, it is inserted an article 524quinquies as follows: "article 524quinquies. § 1. The analysis referred to in article 524quater, §§ 1, 2 and 5, is entrusted by the Prosecutor of the King to an expert attached to a laboratory approved by the King. The expert passes as soon as a copy of its report to the doctor of the victim. It also sends a copy of its report to the physician of the suspect if it requests it within three months of the blood sample or buccal smears implementation. Where appropriate, it also transmits a copy of its report to the attending physician of the third which was the object of a blood or a buccal swab sampling if it requests it within three months of the removal of blood or buccal swab.
§ 2. The expert shall inform the Crown Procurator of the transmittal of the report.
§ 3. The expert destroyed the collected blood sample or buccal swab no later than one week after the date of its analysis.
§ 4. The results of the analysis are only part of the medical record and are considered data relating to third parties within the meaning of article 9, § 2, paragraph 3, of the Act of 22 August 2002 on the rights of the patient.
The results of the analysis are not part of the criminal record and have no impact on the subsequent course of the information or instruction. The results cannot be used as evidence in court. In its apostille, the Prosecutor Prosecutor of the King indicates that the analysis referred to in article 524quater, §§ 1, 2, or 5 has been requested. "."
S. 5. in the same chapter, it is inserted an article 524sexies as follows: "article 524sexies. § 1. The victim of the offence referred to in article 524quater, § 1, may seek the King's attorney requested the analysis referred to in article 524quater, § 1.
2. King's Attorney communicate its reasoned decision on the application within 24 hours of receiving it. "."
S. 6. in the same chapter, it is inserted an article 524septies as follows: "article 524septies. the provisions of this chapter, with the exception of article 524quater, § 2, second sentence, shall apply by analogy to the investigating judge in the event that a statement is open. "."
S. 7 this Act comes into force on the date set by the King and no later than 1 January 2017.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 20, 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 (1) House of representatives (www.lachambre.be) Documents: 54 0540 / (2014/2015) full report: July 9, 2015.