Miscellaneous Provisions Act Justice (1)

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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009676&caller=list&article_lang=F&row_id=400&numero=457&pub_date=2014-12-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-12-29 Numac: 2014009676 SERVICE PUBLIC FÉDÉRAL JUSTICE 19 December 2014. -Law on various provisions on Justice (1) 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. -Repeal of the Act of April 21, 2007 relating to the internment of individuals with a disorder mental art. 2. the internment of people with a mental disorder Act of April 21, 2007 is repealed.
S. 3. This chapter shall enter into force on December 31, 2014.
CHAPTER 3. -Amendments to various provisions in order to make the provisions relating to the ways simplified to appeal in criminal matters applicable to dessaisis minors Section 1st.
-Amendment to article 645 of the Code of criminal procedure art. 4. in article 645 of the Code of criminal procedure, inserted by the law of July 24, 2008, the words ", the directors of community centres for minors who have committed an act classified as offence and their representatives" shall be inserted between the words "the heads of penitentiary institutions" and the words "can be loaded by the Crown, like des huissiers de justice,".
Section 2. -Modification of the law of July 25, 1893 relating to statements of appeal or appeal in cassation of detained or interned persons art. 5. in article 1 of the law of July 25, 1893 relating to statements of appeal or appeal in cassation of detained or interned persons, amended by the royal decree No. 236 of 20 January 1936, the words ", centres for minors who have committed an act classified as offence" are inserted between the words "jails" and the words "and planned settlements".
Section 3. -Amendments to order royal No. 236 of 20 January 1936 simplifying some forms of criminal proceedings in respect of inmates s. 6. in article 1 of order royal No. 236 of January 20, 1936, simplifying certain forms of criminal procedure regarding the detainees, amended by the royal decree of December 28, 2006, the words "or adviser-Director of prison at the penitentiary, or his delegate" are replaced by the words "or adviser-Director of prison of the correctional institution or the Director of a community centre for minors who have committed an act classified as offence ", or their respective delegate".
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7A article 2 of the same Decree, as amended by the royal decree of December 28, 2006, the following changes are made: 1 ° in paragraph 1, the words "or adviser-Director of prison of the penal institution or his delegate" shall be replaced by the words "or Advisor-prison warden of the penal institution or the Director of a community centre for minors who have committed an act classified as offence ", or their respective delegate".
2 ° in paragraph 3, the words "or the Director of a community centre for minors who have committed an act classified as offences" are inserted between the words "Secretary-Director or Advisor-Director of prison" and the words "shall immediately notify";
3 ° in paragraph 5, the words "or of the Director of a community centre for minors who have committed an act classified as offence" shall be inserted between the words "Secretary-Manager or adviser-Director of prison" and the words ", the officer of the public prosecutor shall convene".
S. 8. in article 3 of the same royal decree, as amended by the royal decree of December 28, 2006, the words "or the Director of a community centre for minors who have committed an act classified as offences" are inserted between the words "Secretary-Director or Advisor-Director of prison" and the words "may issue".
Section 4. -Entry into force art.
9. This chapter enter into force January 1, 2015.
CHAPTER 4. -Amendments to articles 291, 407-426 of the Code of criminal procedure art. 10. article 291 of the Code of criminal investigation, repealed by the Act of February 14, 2014, was re-established in the following wording: "art. 291. before that he could proceed to the reading referred to in article 292, parties must specify by finding the means referred to in article 235A, they can submit to the trier of fact. The Court shall immediately decide on these. The application for judicial review of that judgment is formed while the application referred final judgment quashing article 359 "."
S. 11. article 407 of the same Code, repealed by the Act of February 14, 2014, was re-established in the following wording: "art. 407. in criminal matters, the nullities resulting from an irregularity affecting the oath of witnesses, experts and interpreters, are covered when a judgment or judgment contradictory, other than prescribing a measure of internal order was issued unless they have been proposed by a parts or pronounced ex officio by the judge. "."
S. 12. article 426 of the same Code, replaced by the Act of February 14, 2014, is replaced by the following: ' by way of derogation to article 425, § 1, persons detained or placed in accordance with article 606 can make the statement of appeal pursuant to section 31 of the Act of 20 July 1990 on pre-trial detention to the Director of the prison or his delegate " , or, where appropriate, to the Director of the community centre for minors who have committed an act classified as offence or his delegate, without the intervention of a lawyer.
This statement has the same effect as those received at the registry.
It is prepared minutes in a register intended for this purpose.
The Director shall immediately notify the competent Registrar and passes it, within 24 hours, a copy of the minutes.
The clerk transcribed without delay, notice and the minutes in the registry for that purpose. "."
S.
13. This chapter enter into force February 1, 2015.
CHAPTER 5. -Amendments to the Act of April 9, 1930, of social defence against the abnormal, habitual offenders and perpetrators of certain sexual offences and the law of 17 May 2006 relating to the legal status external in persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing of sentencing s. 14. article 19ter of the Act of April 9, 1930, of social defence against abnormal, habitual 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 declaration made to the secretariat of the higher social protection Committee , either by a declaration made to the Director of the establishment of social defence or psychiatric annex where in-house. "."
S. 15. in article 97, § 1, paragraph 2, of the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and rights to the victim under the modalities of execution of the sentence, amended by the law of February 6, 2009, the words "is made in the registry of the Court of the application of punishments and ' shall be inserted between the words"appeals to the Supreme Court"and the words"to be signed".
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16. This chapter enter into force February 1, 2015.
CHAPTER 6. -Contribution to the costs of the Commission on gambling article 17. the royal decree of February 18, 2014, on the contribution to the operating expenses, personnel and installation of the Commission on gambling payable by licensees of class A, A +, B, B +, C, E, F1, F1 +, F2, G1 and G2 for the calendar year 2014 is confirmed with effect from the date of its entry into force.
CHAPTER 7. -Confirmation of the royal decree of 13 November 2012 general regulation on the costs of justice in criminal matters, established by the royal decree of December 28, 1950, for the administrative costs of criminal cases art. 18. the royal decree of 13 November 2012 general regulation on the costs of justice in criminal matters, established by the royal decree of December 28, 1950, for the administrative costs of criminal cases is confirmed with effect from the date of its entry into force.
S. 19. article 18 is effective November 30, 2014.
CHAPTER 8. -Amending provisions for the judicial procedure by electronic arts.
20. article 39, paragraph 2, of the law of July 10, 2006 on the procedure through electronic, last amended by the Act of April 25, 2014, various provisions on Justice, is replaced by the following: "articles 2 to 10, 12, 13, 15, 26-28 and 38 come into force January 1, 2017.".
S. 21. article 16, paragraph 2, of the law of 5 August 2006 amending certain provisions of the Code of judicial procedure for the procedure by electronic means, replaced by the law of 31 December 2012 various provisions on justice, is replaced by the following: "articles 4 to 15 come into force on January 1, 2017.".
S. 22. This chapter enter into force January 1, 2015.
CHAPTER 9. -Amendments to the law of January 31, 2007, on the Court and on training the judicial training Institute art. 23. in article 38, paragraph 2, of the Act of 31 January 2007 on training judicial and on creation of the judicial training Institute, amended by laws on December 22, 2009, 23 February 2012 and 31 December 2012, the words "for the five fiscal years that follow" are replaced by the words "for the six fiscal years that follow".
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24. in article 38, paragraph 2, of the Act, as amended by the laws of the December 22, 2009, February 23, 2012, December 31, 2012 and the law of December 19, 2014, on of the various provisions on justice, "for the six fiscal years that follow" shall be replaced by the words "for the seven fiscal years that follow".
S. 25. article 23 is effective January 1, 2014.
Article 24 comes into force January 1, 2015.
CHAPTER 10. -Amendment of the Act of July 31, 2009 containing various provisions concerning criminal central s. 26. in article 10, paragraph 1, of the Act of July 31, 2009, containing various provisions concerning the central criminal, amended by the law of 31 December 2012, the words "which may not be later than December 31, 2014,' are replaced by the words" which may not be later than December 31, 2017,".
S. 27. This chapter comes into force December 30, 2014.
CHAPTER 11. -Changes of Code judiciary art. 28. in article 58bis, 1 °, of the Judicial Code amended by the laws of 10 April 2003 and 1 December 2013, 'repressive judge specializing in tax matters in the Court of first instance,' is inserted between the words "tribunal de commerce", and the words "Deputy judge".
S. 29. article 206 of the same Code, as amended by the law of July 19, 2012 and may 8, 2014, is supplemented by a paragraph worded as follows: "to be appointed judge social or consular, effective judge or alternate, in the courts who know only matters of the German language regime, the candidate must possess a certificate of studies or diploma as evidenced of education followed in the German language or have passed the oral examination on the knowledge of the language German as well as the written test on passive knowledge of the German language referred to in article 216, paragraph 6. "."
S. 30. in article 259septies, paragraph 3, of the same Code, inserted by the law of 17 July 2000, the words "designation in a term Assistant in accordance with article 259quinquies is" are replaced by the words "With the exception of the mandates of president of division, Attorney of division and division, the designation to a Deputy mandate auditor in accordance with article 259quinquies is".
S. 31. in article 341, § 1, 7 °, of the same Code, replaced by the law of 13 March 2001 and amended by the Act of December 1, 2013, 'spring of Court of appeal' shall be replaced by the word "district".
S. 32. in article 1338 of the same Code, as last amended by the Act of March 26, 2014, paragraph (3) is supplemented by the words ", regardless of the amount of the claim".
CHAPTER 12. -Amendment of the Act of 15 June 1935 concerning the use of languages in judicial matters art. 33. article 45bis of the Act of 15 June 1935 concerning the use of languages in judicial matters, replaced by the law of December 1, 2013, is supplemented by a paragraph as follows: "In the District of Eupen, shall not be appointed to consular or judge social, effective judge or alternate, if he cannot prove knowledge of the German language.".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 19, 2014.
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: complete record 54-683: December 18, 2014