Posted the: 2015-08-05 Numac: 2015009385 FEDERAL JUSTICE PUBLIC SERVICE July 20, 2015. -Act to strengthen the fight against terrorism PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Modification du Code penal Art. 2. in the penal Code, it is inserted an article 140sexies as follows: "article 140sexies. without prejudice to the application of article 140, shall be punished by imprisonment of five to ten years and a fine of one hundred euros to five thousand euros: 1 ° any person who leaves the national territory for the purposes of the commission, in Belgium or abroad, of an offence under articles 137, 140-140quinquies and 141, with the exception of 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, 140-140quinquies and 141, with the exception of the offence referred to in article 137, paragraph 3, 6 °. ".
CHAPTER 3. -Modification of Code of criminal procedure art. 3. article 90b, § 2, 1 ° ter of the Code of criminal procedure, inserted by the Act of 28 November 2000 and replaced by the law of 19 December 2003, is replaced by the following: "1 ° ter in book II, title Ierter, of the same Code;".
CHAPTER 4. -Changes of the Code of Belgian nationality art. (4. in article 1, § 2, 4 °, a), of the Code of Belgian nationality, inserted by the law of 4 December 2012, the words "in article 23 or article 23/1" are replaced by the words "in articles 23, 23/1 or 23/2".
5. in article 22 § 1, 7 °, of the same Code, amended by the law of 4 December 2012, the words "in articles 23 and 23/1" are replaced by the words "articles 23, 23/1 and 23/2".
6. in article 23/1, § 1, 1 °, of the same Code, inserted by the law of 4 December 2012 and amended by the Act of 31 December 2012, the figures "137, 138, 139, 140, 141," are repealed.
S. 7. in chapter IV of the Code, it is inserted an article 23/2 as follows: "article 23/2.
§ 1. The deprivation of Belgian nationality can be imposed by the judge at the request of the Crown with respect to Belgians who do not take their nationality of a Belgian or adopting author on the day of their birth and the Belgians who were not allocated their nationality under article 11, § 1, paragraph 1, 1 ° and 2 °, if they have been sentenced as author, co-author or accomplice, to a term of imprisonment of five years or more without suspension for an offence referred to in book II, title Ierter, of the penal Code.
2. J. do not pronounce the forfeiture in the event that it would have the effect of rendering the person concerned stateless, unless citizenship was acquired as a result of fraudulent conduct, false information or concealment of a material fact. In this case, even if the person concerned has failed to recover his original nationality, deprivation of nationality only will be delivered only after the expiry of a reasonable period of time granted by the Court to the person concerned in order to try to recover his nationality of origin.
§ 3. When the judgment pronouncing the deprivation of Belgian nationality was sunk in res judicata, its device, which must include the full identity of the person concerned, is transcribed in the register referred to in article 25 by the Registrar at the principal residence of the person concerned in Belgium or, failing that, by the officer of the civil status of Brussels.
In addition, the judgment or the judgment is mentioned in conjunction with the act containing the transcript of the amenities of an option or of the declaration by which the person concerned had acquired the nationality Belgian or naturalization of the defendant or the birth certificate drawn up or transcribed in Belgium if this Act a signature of the acquisition of Belgian nationality has been affixed.
The revocation has effect from the transcript.
§ 4. The person who has been deprived of Belgian nationality under this section cannot be again Belgian only by naturalization. "."
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 House of representatives (www.lachambre.be): Documents: complete record 54-1198: 15 and 16 July 2015