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20 JULY 2015. - An Act to amend the Criminal Code with respect to the possibility of transmission of a serious contagious disease (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In Book II, Title IV, of the Code of Criminal Investigation, a chapter IX entitled "Chapter IX. An analysis of the possibility of transmission of a serious contagious disease during the commission of an offence".
Art. 3. In Chapter IX, inserted by Article 2, an article 524quater is inserted as follows:
"Art. 524quater. § 1^er. If there are serious evidence to suggest that the victim of an offence may have been contaminated, at the time of the commission of this offence, by one of the serious diseases listed by Royal Decree, the Crown Prosecutor may ask the suspect to submit to a blood sample in order to analyze whether he is carrying this disease. If there are serious evidence that suggests that the victim may have been contaminated by the blood of another person other than the suspect, the King's Attorney may also apply to that third party. The suspect and the third party may only consent to the blood sample in writing. This consent may only be validly given if the King's Prosecutor or a judicial police officer, auxiliary to the King's Prosecutor, has previously informed him of the legal framework in which the removal is requested, especially the purely medical purpose of the collection. This information is referred to in the written consent of the data subject.
§ 2. If the suspect refuses to consent to the blood sample, the King's Attorney may, in the interest of the victim, order him to submit to a buccal smear for the purposes of the analysis referred to in paragraph 1^er. The order can only be given after written authorization of the investigating judge on the requisition of the King's prosecutor.
§ 3. The analysis referred to in paragraph 1^er is carried out by the removal of a blood sample by a doctor, unless the blood sample is contraindicated for specific medical reasons. In this case, a buccal smear may be performed either with the voluntary collaboration of the interested party or in the manner provided for in paragraph 2.
A suspect or a third party who is requested to submit to a blood sample or to perform a oral smear may consent to it in writing from the age of sixteen. If the suspect or third party has not reached the age of eighteen years, the suspect must, for the purposes of paragraphs 1^er and 2, be accompanied by at least one of his or her parents, a lawyer or another person who is major in his or her choice.
§ 4. The doctor collects the amount of blood or performs a buccal smears required for the analysis referred to in paragraph 1^er or paragraph 2. If the measure referred to in paragraph 2 is to be carried out under physical restraint, it shall be carried out by police officers under the order of a judicial police officer, auxiliary to the Crown Prosecutor.
§ 5. The Crown Prosecutor may order an analysis as referred to in paragraph 1^er be performed on blood discovered in connection with an offence referred to in subsection 1^er".
Art. 4. In the same chapter, an article 524quinquies is inserted as follows:
"Art. 524quinquies. § 1^er. The analysis referred to in Article 524quater, §§ 1^er, 2 and 5, is entrusted by the King's Prosecutor to an expert attached to a laboratory approved by the King. The expert shall promptly transmit a copy of his report to the doctor dealing with the victim. He also transmits a copy of his report to the doctor dealing with the suspect if he makes the request within three months of the blood sample or the execution of the oral smears. If applicable, he shall also transmit a copy of his report to the doctor dealing with the third party who has been subjected to a blood sample or a buccal smear if the latter so requests in the three months of blood collection or oral smears.
§ 2. The expert informs the King's prosecutor of the transmission of the report.
§ 3. The expert destroys the blood sample taken or the oral smears no later than a week after the date of his analysis.
§ 4. The results of the analysis are only part of the medical file and are considered to be data for third parties within the meaning of article 9, paragraph 2, paragraph 3, of the Act of 22 August 2002 on patient rights. The results of the analysis are not part of the criminal record and have no impact on the subsequent conduct of information or instruction. The results cannot be used as evidence in court. In his post, the Crown Prosecutor states that the analysis referred to in Article 524quater, §§ 1^er, 2 or 5 was requested."
Art. 5. In the same chapter, an article 524sexies is inserted as follows:
"Art. 524sexies. § 1^er. Victim of the offence referred to in 524quater, § 1^er, may request the Crown Prosecutor to request the analysis referred to in Article 524quater, § 1^er.
§ 2. The King's Prosecutor shall communicate his reasoned decision on the application within 24 hours of the receipt of the application."
Art. 6. In the same chapter, an article 524septics is inserted as follows:
"Art. 524s. The provisions of this chapter, with the exception of Article 524quater, § 2, second sentence, apply by analogy to the examining magistrate in case an instruction is opened. ".
Art. 7. This Act comes into force on the date fixed by the King and no later than 1^er January 2017.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 20 July 2015.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54 0540/ (2014/2015)
Full report: 9 July 2015.