belgiquelex.be - Carrefour Bank of Legislation

20 JULY 2015. - Act to strengthen the fight against terrorism

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendment of the Criminal Code
Art. 2. In the Criminal Code, an article 140sexies is inserted as follows:
"Art. 140sexies. Without prejudice to the application of Article 140, will be punished by imprisonment from five years to ten years and a fine of one hundred euros to five thousand euros:
1° any person who leaves the national territory for the commission, in Belgium or abroad, of an offence referred to in Articles 137, 140 to 140quinquies and 141, except for the offence referred to in Article 137, § 3, 6°;
2° any person who enters the national territory for the commission, in Belgium or abroad, of an offence referred to in Articles 137, 140 to 140quinquies and 141, except for the offence referred to in Article 137, § 3, 6°. ".
CHAPTER 3. - Amendment of the Code of Criminal Investigation
Art. 3. Article 90ter, § 2, 1° ter, of the Code of Criminal Investigation, inserted by the law of 28 November 2000 and replaced by the law of 19 December 2003, is replaced by the following:
"1° ter in Book II, title I^erter, the same Code;".
CHAPTER 4. - Amendments to the Belgian Nationality Code
Art. 4. In Article 1^er, § 2, 4°, (a), of the Code of Belgian Nationality, inserted by the law of 4 December 2012, the words "at Article 23 or Article 23/1" are replaced by the words "at Articles 23, 23/1 or 23/2".
Art. 5. In Article 22, § 1^er, 7°, of the same Code, amended by the law of 4 December 2012, the words "of articles 23 and 23/1" are replaced by the words "of articles 23, 23/1 and 23/2".
Art. 6. In section 23/1, § 1, 1°, of the same Code, inserted by the law of 4 December 2012 and amended by the law of 31 December 2012, the figures "137, 138, 139, 140, 141," are repealed.
Art. 7. In chapter IV of the same Code, an article 23/2 is inserted as follows:
"Art. 23/2. § 1^er. The demise of Belgian nationality may be pronounced by the judge upon requisition of the public prosecutor in respect of Belgians who do not hold their nationality as a Belgian author or adopter on the day of their birth and of Belgians who have not been granted their nationality under Article 11, § 1^erParagraph 1^er, 1° and 2°, if convicted, as an author, co-author or accomplice, of a sentence of imprisonment of at least five years without a stay for an offence referred to in Book II, Title I^erter, Criminal Code.
§ 2. The judge does not pronounce the demise in the event that the latter would have the effect of rendering the person concerned stateless, unless the nationality was acquired as a result of fraudulent conduct, by false information or by concealing a relevant fact. In this case, even if the person concerned has failed to recover his or her nationality of origin, the loss of nationality will only be pronounced upon the expiry of a reasonable period granted by the judge to the person concerned in order to allow him to try to recover his or her nationality of origin.
§ 3. When the judgment on the termination of Belgian nationality was forcibly cast, its device, which must mention the complete identity of the person concerned, is transcribed on the register referred to in Article 25 by the civil status officer of the principal residence of the person concerned in Belgium or, if not, by the civil status officer of Brussels.
In addition, the judgment or judgment is mentioned on the margins of the act containing the transcript of the approvals of the option or declaration by which the individual had acquired Belgian nationality or of the naturalization of the defendant or of the birth certificate drawn up or transcribed in Belgium if on this act a demarcation of the acquisition of Belgian nationality was affixed.
The demise has effect from the transcript.
§ 4. The person who has been deprived of Belgian nationality under this article can only return to Belgium by naturalization."
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, 20 July 2015.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
House of Representatives
(www.lachambre.be):
Documents: 54-1198
Full report: 15-16 July 2015