Miscellaneous Provisions Act Justice (1)

Original Language Title: Loi portant des dispositions diverses en matière de Justice (1)

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belgiquelex.be - Carrefour Bank of Legislation

19 DECEMBER 2014. - Act respecting various provisions of Justice (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Repeal of the Act of April 21, 2007 on the Internship of Persons with Mental Disorder
Art. 2. The Act of April 21, 2007 on the Internment of Persons with Mental Disorder is repealed.
Art. 3. This chapter comes into force on 31 December 2014.
CHAPTER 3. - Amendments to various provisions in order to make the provisions on simplified procedures for appealing in criminal matters applicable to underage minors
Section 1re. - Amendment of Article 645 of the Code of Criminal Investigation
Art. 4. In article 645 of the Code of Criminal Investigation, inserted by the law of July 24, 2008, the words ", the directors of the community centres for minors who have committed a crime and their representatives" are inserted between the words "the directors of correctional institutions" and the words "may be charged by the public ministry, like the judicial officers".
Section 2. - Amendment of the Act of 25 July 1893 relating to declarations of appeal or appeal in cassation of persons detained or interned
Art. 5. In Article 1er of the Act of 25 July 1893 relating to the declarations of appeal or appeal in cassation of persons detained or interned, as amended by Royal Decree No. 236 of 20 January 1936, the words ", the community centres for minors who have committed a crime are inserted between the words "houses of arrest" and the words "and establishments planned".
Section 3. - Amendments to Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings with regard to detainees
Art. 6. In Article 1er of Royal Decree No. 236 of 20 January 1936 simplifying certain forms of criminal proceedings in respect of detainees, as amended by the Royal Decree of 28 December 2006, the words "or prison advisor and director of the penal institution, or his delegate" are replaced by the words "or prison advisor and director of the penal institution or the director of a community centre for minors who have committed a qualified offence, or their respective delegate.
Art. 7. In section 2 of the same order, as amended by the Royal Decree of 28 December 2006, the following amendments are made:
1° in paragraph 1er, the words "or prison advisor and director of the penal institution or its delegate" are replaced by the words "or prison advisor and director of the penal institution or the director of a community centre for minors who have committed a crime or their respective delegate";
2° in paragraph 3, the words "or the director of a community centre for minors who have committed a crime" are inserted between the words "The attacker-director or advisor-director of prison" and the words "notice immediately";
3° in paragraph 5, the words "or the director of a community centre for juveniles who have committed a crime" are inserted between the words "of the attacker-director or prison advisor-director" and the words ", the officer of the public prosecutor summons".
Art. 8. In article 3 of the same Royal Decree, amended by the Royal Decree of 28 December 2006, the words "or the director of a community centre for minors who committed a crime" are inserted between the words "The attacker-director or prison advisor-director" and the words "can not deliver".
Section 4. - Entry into force
Art. 9. This chapter comes into force on 1er January 2015.
CHAPTER 4. - Amendments to articles 291, 407 and 426 of the Code of Criminal Investigation
Art. 10. Section 291 of the Code of Criminal Investigation, repealed by the Act of 14 February 2014, is reinstated in the following wording:
"Art. 291. Before the reading referred to in section 292, the parties shall specify by conclusions the means referred to in section 235bis that they may submit to the judge of the merits. The court immediately decides on these. The request for a cassation of this judgment shall be filed together with the request for a final order referred to in section 359. ".
Art. 11. Section 407 of the same Code, repealed by the Act of 14 February 2014, is reinstated in the following wording:
"Art. 407. In criminal matters, the nullities resulting from an irregularity in the oath of witnesses, experts and interpreters, are covered when a contradictory judgment or judgment, other than that prescribing an internal order, has been rendered without any proposal by one of the parties or made by the judge. ".
Art. 12. Section 426 of the same Code, replaced by the Act of 14 February 2014, is replaced by the following:
"By derogation from Article 425, § 1er, persons detained or placed in accordance with section 606 may make a statement of appeal filed in accordance with section 31 of the Act of 20 July 1990 relating to pretrial detention to the director of the prison or his delegate, or, where applicable, to the director of the community centre for minors who committed a crime or his or her delegate, without the intervention of a lawyer.
This statement has the same effects as those received at the Registry. It shall be recorded in a register for that purpose.
The Director shall immediately notify the appropriate Clerk and, within 24 hours, send him an expedition of the minutes.
The clerk shall, without delay, transcribe the notice and the record in the register for that purpose.".
Art. 13. This chapter comes into force on 1er February 2015.
CHAPTER 5. - Amendments to the Law of 9 April 1930 on Social Defence in respect of abnormalities, ordinary offenders and perpetrators of certain sexual offences and the Law of 17 May 2006 on the External Legal Status of Persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 14. Section 19ter of the Law of 9 April 1930 on Social Defence in respect of abnormalities, ordinary offenders and perpetrators of certain sexual offences, inserted by the Law of 25 February 2003, is supplemented by the following sentence:
"The appeal in cassation is formed either by a statement made to the secretariat of the Higher Social Defence Commission or by a statement made to the director of the social defence institution or the psychiatric annex where the internee is located."
Art. 15. In Article 97, § 1er, paragraph 2, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim as part of the execution of the sentence, as amended by the Act of 6 February 2009, the words "is made at the court office of enforcement of sentences and" are inserted between the words "recourse in cassation" and the words "must be signed".
Art. 16. This chapter comes into force on 1er February 2015.
CHAPTER 6. - Contribution to the costs of the Random Games Commission
Art. 17. The Royal Decree of February 18, 2014 on the contribution to the operating, personnel and installation costs of the Commission des jeux de chance due by the licensees of Class A, A+, B, B+, C, E, F1, F1+, F2, G1 and G2 for the calendar year 2014 is confirmed with effect on the date of its entry into force.
CHAPTER 7. - Confirmation of the Royal Decree of 13 November 2012 amending the General Rules on Judicial Charges in Repressive Matters, established by the Royal Decree of 28 December 1950 concerning administrative costs in criminal cases
Art. 18. The Royal Decree of 13 November 2012 amending the General Rules on Judicial Charges in Repressive Matters, established by the Royal Decree of 28 December 1950 concerning administrative costs in criminal cases, is confirmed with effect on the date of its entry into force.
Art. 19. Section 18 produces its effects on November 30, 2014.
CHAPTER 8. - Modifying provisions for judicial proceedings electronically
Art. 20. Section 39, paragraph 2, of the Act of 10 July 2006 on electronic proceedings, last amended by the Act of 25 April 2014 on various provisions in the field of Justice, is replaced by the following:
"Articles 2 to 10, 12, 13, 15, 26 to 28 and 38 come into force on 1er January 2017. ".
Art. 21. Section 16, paragraph 2, of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings, replaced by the Act of 31 December 2012 on various provisions in the field of justice, is replaced by the following:
"Articles 4 to 15 come into force on 1er January 2017. ".
Art. 22. This chapter comes into force on 1er January 2015.
CHAPTER 9. - Amendments to the Act of 31 January 2007 on judicial training and establishing the Judicial Training Institute
Art. 23. In section 38, paragraph 2, of the Judicial Training Act of 31 January 2007 and establishing the Judicial Training Institute, as amended by the Acts of 22 December 2009, 23 February 2012 and 31 December 2012, the words "for the next five fiscal years" are replaced by the words "for the next six fiscal years".
Art. 24. In section 38, paragraph 2, of the Act, as amended by the Acts of 22 December 2009, 23 February 2012, 31 December 2012 and the Act of 19 December 2014 on various provisions in respect of justice, the words "for the next six fiscal years" are replaced by the words "for the next seven fiscal years".
Art. 25. Article 23 produces its effects on 1er January 2014.
Section 24 comes into force on 1er January 2015.
CHAPTER 10. - Amendment of the Act of 31 July 2009 on various provisions concerning the Central Judicial Officer
Art. 26. In Article 10, paragraph 1er, of the Act of 31 July 2009 on various provisions concerning the Central Judicial Officer, as amended by the Act of 31 December 2012, the words "that cannot be after 31 December 2014," are replaced by the words "that cannot be after 31 December 2017,".
Art. 27. This chapter comes into force on 30 December 2014.
CHAPTER 11. - Amendments to the Judicial Code
Art. 28. In article 58bis, 1°, of the Judicial Code, amended by the laws of 10 April 2003 and 1er December 2013, the words "Repressive Judge in Tax Matters in the Court of First Instance" are inserted between the words "at the Commercial Court," and the words "alternate Judge".
Art. 29. Section 206 of the same Code, as amended by the Acts of 19 July 2012 and 8 May 2014, is supplemented by a paragraph written as follows:
"To be appointed as a social judge or a consular judge, an effective or an alternate judge, in the courts that know only of cases under the German language regime, the candidate must either be a holder of a certificate of study or a diploma in the German language or have passed the oral examination on the knowledge of the German language and the written examination on the passive knowledge of the German language referred to in Article 216, paragraph 6.".
Art. 30. In section 259septies, paragraph 3, of the same Code, inserted by the law of 17 July 2000, the words "The designation to a deputy warrant in accordance with section 259quinquies is" are replaced by the words "With the exception of the terms of reference of division president, division prosecutor and division auditor, the designation to a deputy warrant in accordance with section 259quinquies is".
Art. 31. In Article 341, § 1er, 7°, of the same Code, replaced by the law of 13 March 2001 and amended by the law of 1er December 2013, the words "ressort de cour d'appel" are replaced by the word "arrondissement".
Art. 32. In section 1338 of the same Code, last amended by the Act of March 26, 2014, paragraph 3 is supplemented by the words ", regardless of the amount of the application".
CHAPTER 12. - Amendment of the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 33. Section 45bis of the Act of 15 June 1935 concerning the use of languages in judicial matters, replaced by the Act of 1er December 2013, is supplemented by a paragraph written as follows:
"In the borough of Eupen, no one may be appointed to the functions of a consular judge or social judge, effective or substitute, if he does not justify the knowledge of the German language. ".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 December 2014.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-683
Full report: 18 December 2014