Act Amending Various Provisions To Establish A National Registry Of Judicial Experts And Establishing A National Register Of Sworn Translators, Interpreters And Translators-Interpreters

Original Language Title: Loi modifiant diverses dispositions en vue d'établir un registre national des experts judiciaires et établissant un registre national des traducteurs, interprètes et traducteurs-interprètes jurés

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009214&caller=list&article_lang=F&row_id=400&numero=460&pub_date=2014-12-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-12-19 Numac: 2014009214 FEDERAL JUSTICE PUBLIC SERVICE April 10, 2014. -Act amending various provisions to establish a national registry of judicial experts and establishing a national register of translators, interpreters and translators-interpreters jurors PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code of criminal investigation article 2. in article 44 of the Code of criminal procedure, as amended by the Act of 12 March 1998, paragraphs 2 and 3 are repealed.
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3. in article 44A of the Code inserted by the law of 15 April 1958, § 2 is repealed.
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4. in article 282, paragraph 1, of the same Code, replaced by the law of December 21, 2009, the words "at least twenty-one years old, and he made under the same penalty, take an oath to faithfully translate the speech to be transmitted between people who speak different languages" are repealed.
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5. in the same Code, a read 646 article is inserted: 'article 646 articles 991ter to 991undecies of the Judicial Code shall apply to the experts referred to in this Code, to the missions they perform as an legal expert. "."
CHAPTER 3. -Changes of Code judiciary art. 6. article 978, § 1, paragraph 3, of the Judicial Code amended last amended by law of December 30, 2009, is repealed.
S. 7. article 985, paragraph 3, of the same Code, replaced by the law of December 30, 2009, is repealed.
S. 8. article 986, paragraph 3, of the same Code, replaced by the law of May 15, 2007, is repealed.
S. 9. in book II, title III, Chapter VIII, section VI of the same Code, there shall be inserted a subsection 6, titled: "subsection 6. Judicial experts' s. 10. in sub-section 6, inserted by article 9 article be inserted a 991ter as follows: "article 991ter. except as provided in article 991decies, only those which, on decision of the Minister of Justice, have been included in the national registry of judicial experts are allowed to bear the title of legal expert and can accept and accomplish missions as a judicial expert. "."
S. 11. in the same subsection 6, it is inserted an article 991quater as follows: "article 991quater. are listed on the national register of judicial experts, individuals who: 1 ° have relevant experience of at least five years in the eight years preceding the application for registration in the area of expertise and specialization in which they are registered as legal expert;
2 ° are nationals of a Member State of the European Union or reside there lawfully;
3 ° have an extract from the criminal records referred to in article 595 of the Code of criminal procedure, issued by the municipal administration of their home or their residence, dating from less than three months;
people who do not have a domicile or residence in Belgium have a similar document of the Member State of the European Union where they have their domicile or residence;
4 ° have not been convicted, even suspended to any penalty correctional or criminal consisting of a fine, a work penalty or a prison sentence, with the exception of convictions for violation of legislation on road traffic police and convictions including the Minister of Justice considers that they do not clearly obstacle to the realization of expertise in the area of expertise and specialization in which they record quality judicial expert.
This provision shall apply by analogy to persons who have been sentenced abroad to a sentence of the same nature by a cast judgment res judicata;
5 ° declare in writing to the Minister of Justice that they shall keep at the disposal of the judicial authorities, which can make use of their services;
6 ° provide evidence that they have the professional competence and the legal knowledge required;
7 ° declare in writing to the Minister of Justice that they adhere to the code of ethics established by the King, which code shall impose at least the principles of independence and impartiality;
8 ° have taken the oath prescribed in article 991novies, § 1. "."
S. 12. in the same subsection 6, it is inserted an article 991quinquies as follows: "article 991quinquies. § 1. The national registry of judicial experts is managed and updated regularly by the Minister of Justice.
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2. The register contains the following information: 1 ° the name, surname and sex of the judicial expert;
2 ° the coordinates allowing the judicial authorities who can call on its services to contact.
3 ° the expertise and specialisation for which it is registered;
4 ° the judicial districts in which it is available.
This register may be consulted freely on the web site of the Service public federal Justice. "."
S. 13. in the same subsection 6, it is inserted an article 991sexies as follows: "article 991sexies. the Minister of Justice shall issue to the legal expert contained in the national registry of judicial experts an identification number and a legitimation card, the model of which is set by royal decree.
The identification number is included in the final report referred to in article 978, § 1.
In the event of loss of the title of judicial expert or waive this title, legitimation card is returned without delay to the Minister of Justice and identification number is removed from the national register of judicial experts. "."
S. 14. in the same subsection 6, it is inserted an article 991septies as follows: "article 991septies. § 1. When manifestly inadequate benefits are provided repeatedly that the conduct or the conduct of the judicial expert door attacked the dignity of the function or constitute a breach of the conduct referred to in article 991quater, 7 °, the Minister of Justice may, by a reasoned decision, scratch temporarily or permanently its name from the national register of judicial experts on proposal of the president of the Court of first instance of the place where the person concerned takes his professional activities or the Prosecutor of the King, and after reading the comments of the person concerned. The duration of the temporary radiation is fixed by the Minister on the basis of the seriousness of the breach, without that it may exceed a period of one year.
§ 2. If the person has no domicile or residence in Belgium, the Minister of Justice may decide to proceed to target radiation to the § 1 on the proposal of the first president of the Court of appeal of Brussels or procureur du Roi, in the same case and in the same manner as provided in the § 1. "."
S. 15. in the same subsection 6, it is inserted an article 991octies as follows: "article 991octies. the proof referred to in article 991quater, 6 °, is provided by submitting to the Minister of Justice: 1 ° with regard to professional competence, a diploma obtained in the area of expertise in which the candidate is save as judicial expert and proof evidence five years of relevant experience in the eight years preceding the application for registration;
2 ° with respect to the legal knowledge, a knowledge certificate issued by an institution approved by the King. "."
S. 16. in the same subsection 6, it is inserted an article 991novies as follows: "article 991novies. § 1. The candidate who fulfils the conditions laid down in article 991quater, 1 ° to 7 ° takes the oath according to the hands of the president of the Court of appeal within the jurisdiction of the place where he carries his professional activities or, where he performs his professional activities within a company, between the hands of the judge of the head office or principal place of business of the company : "I swear that I will perform my mission in honour and conscience, with accuracy and probity", or: "Ik dat ik mijn opdrachten zweer in era in geweten, nauwgezet in eerlijk zal vervullen", or "Ich schwöre, dass ich den erteilten Auftrag auf Ehre und Gewissen genau und ehrlich erfüllen werde mir".
This oath applies to all missions that will be then entrusted to the person concerned in judicial experts.
§ 2. The candidate who has no domicile or residence in Belgium takes the oath in the hands of the first president of the Court of appeal of Brussels. "."
S. 17. in the same subsection 6, it is inserted an article 991decies as follows: "article 991decies. without prejudice to article 991ter, the judicial authority which entrusts the mission may, by a reasoned decision, appoint an expert who is not registered in the national register of forensic in the following cases:-in case of emergency;
-If no legal expert with expertise and specialization required is available;
-If the national register has no legal expert with expertise and the necessary specialization with regard to the specific nature of the dispute.
The expert referred to in paragraph 1 concerns the title of judicial expert only for the mission which has been entrusted. He signed his report under penalty of nullity and prefaces its signature of the following oath: "I swear have completed my mission in honour and conscience, with accuracy and probity". or "Ik dat ik mijn opdrachten zweer in era in geweten, eerlijk vervullen Heb. nauwgezet"; or "Ich schwore, dass ich mir erteilten den

Auftrag Ehre und Gewissen und erlich erfüllt habe genau auf".
Where appropriate, this procedure, the grounds and the name and surname of the designated expert are recorded in the decision of designation or on the form of hearing. "."
S. 18. in the same subsection 6, it is inserted an article 991undecies as follows: "article 991undecies. judicial experts can decide not to accept a mission. "."
CHAPTER 4. -Modification of the internment of individuals with one act of April 21, 2007 disorder mental art. 19. article 5, § 2, of the Act of April 21, 2007 on the internment of people with a mental disorder is replaced by the following: "§ § 2 2" Psychiatric expertise is carried out under the supervision and responsibility of a judicial expert entered in the national register of judicial experts in accordance with article 991quater of the Judicial Code.
The psychiatric assessment can be performed by an expert not registered in the national register in the cases and in the manner laid down in article 991decies of the Code. "."
CHAPTER 5. -Provisions for translators, interpreters and translators-interpreters jurors s. 20. with the exception laid down in article 27, only those persons who by decision of the Minister of Justice, have been included in the national register of translators, interpreters and translators-interpreters jurors are allowed to bear the title of translator, interpreter or translator-interpreter sworn and empowered to carry out the tasks of translation or interpretation entrusted to them under the Act.
S. 21 will be listed in the national register of translators, interpreters and sworn translators-interpreters, natural persons who: 1 ° are aged 21 years at least;
2 ° are nationals of a Member State of the European Union or reside there lawfully;
3 ° may submit an extract from the criminal records referred to in article 595 of the Code of criminal investigation, issued for less than three months by the municipal administration of the place of domicile or residence;
people who do not have a domicile or residence in Belgium must submit a similar document of the Member State of the European Union where they have their domicile or residence;
4 ° have not been convicted, even suspended sentence to a lesser penalty or criminal consisting of a fine, a work penalty or a prison sentence, with the exception of the convictions for an offence under the regulations for road traffic and police with the exception of the convictions which, according to the Minister of Justice, are clearly not an obstacle to the exercise of the function of interpreter translator-interpreter and translator. This provision shall apply by analogy to persons who have been sentenced abroad to a sentence of the same nature by a cast judgment res judicata;
5 ° declare in writing to the Minister of Justice that they shall keep at the disposal of the judicial authorities which, pursuant to this Act, may make use of their services;
6 ° may warrant that they have the professional competence and the legal knowledge required;
7 ° declare in writing to the Minister of Justice that they adhere to the code of conduct to be established by the King, which code shall impose at least the principles of independence and impartiality;
8 ° have taken the prescribed oath.
S. 22. the national register of translators, interpreters and translators-interpreters jurors is managed and updated regularly by the Minister of Justice.
The register contains the following information: 1 ° the name, surname and sex of the translator, interpreter or translator-interpreter;
2 ° the coordinates allowing the judicial authorities who can call on its services in accordance with this Act to attach it;
3 ° the language of the proceedings and the other (s) language (s) for which it is made to register;
4 ° the judicial districts in which it is available.
The King determines the instances that can see this information.
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23. the Minister of Justice shall issue an identification number to the interpreters, translators and translators-interpreters who are listed in the national register. A legitimation card, which the model is determined by the King, also issued them.
The following is affixed to any translation made pursuant to this Act: "for consistent translation and ne varietur the language... to the language... "Fact to..., the..." or "Voor eensluidende vertaling van het... varietur naar het..."
Gedaan te..., op... ", or" für gleichlautende und varietur Übersetzung aus dem... ins... ""
Gegeben zu..., den... ", followed by the identification number of the name and the title.
In the event of loss of the title of sworn interpreter, sworn translator or translator-interpreter vowed following a decision of the Minister of Justice referred to article 24 or in the event of such waiver, legitimation card is rendered without delay to the Minister of Justice, and the identification number is cancelled from registry.
S. 24. when manifestly inadequate benefits are provided repeatedly that the behaviour or conduct of the translator, of the interpreter or translator-interpreter undermines the dignity of the function or constitutes a breach of the conduct referred to in article 21, 7 °, of this Act, the Minister of Justice may, by a reasoned decision, temporarily or permanently to scratch his name from the national register of translators interpreters and translators-interpreters jurors, on the proposal of the president of the Court of the place where the person concerned takes his professional activities or the Prosecutor of the King, and after reading the comments of the person concerned. The duration of the temporary radiation is fixed by the Minister on the basis of the seriousness of the breach, without that it may exceed a period of one year.
If the person has no domicile or residence in Belgium, the Minister of Justice may decide to conduct radiation referred to the paragraph 1, on the proposal of the first president of the Court of appeal of Brussels or the Attorney of the King, in the same case and in the same way as provided for in the paragraph 1.
S. 25. the proof referred to in article 21, 6 °, of the Act is made by submitting to the Minister of Justice: 1 ° with regard to professional competence, any diploma or any evidence of relevant professional experience of at least two years that has been acquired over a period of eight years preceding the application for registration;
2 ° with respect to the legal knowledge, a certificate, issued by an institution approved by the King, attesting to this knowledge.
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26 § 1. The natural person who fulfils the conditions laid down in article 21, 1 ° to 8 ° oath following between the hands of the president of the Court of appeal the domicile or residence, following a favourable opinion of the Procurator of the King: "I swear that I will perform my mission in honour and conscience, with accuracy and probity", or "Ik dat ik mijn opdrachten zweer in era in geweten ' ', nauwgezet in eerlijk zal vervullen ", or"Ich schwöre, dass ich den erteilten Auftrag auf Ehre und Gewissen genau und ehrlich erfüllen werde mir".
This oath applies to all missions that will be then entrusted to the person concerned as sworn translator, sworn interpreter or translator-interpreter juror.
§ 2. The candidate who has no domicile or residence in Belgium takes the oath in the hands of the first president of the Court of appeal of Brussels.
S. 27. without prejudice to article 20, the judicial authority which entrusts the mission may, by a reasoned decision, appoint a translator, interpreter or translator-interpreter who is not registered in the national register of translators, interpreters and translators-jurors in the following cases:-in case of emergency;
-If no translator, interpreter or translator-interpreter is available for the language;
-If the national registry, given the rarity of the language, has no translator, interpreter or translator-interpreter with the knowledge required of the language concerned.
The person concerned referred to in article 1 bears the title of translator, interpreter or translator-interpreter sworn only for the mission which has been entrusted to him.
He signed his report under penalty of nullity and prefaces its signature of the following oath: "I swear completing my mission with accuracy and probity", or "Zweer dat ik mijn opdrachten nauwgezet in eerlijk vervullen heb Ik", or "Ich dass ich mir erteilten Auftrag und ehrlich erfult habe genau den schwore".
Where appropriate, this procedure, the grounds and the name and surname of the designated translator, interpreter or translator-interpreter are recorded in the decision of designation or on the form of hearing.
CHAPTER 6. -Provisions transitional art. 28. the experts who worked for the judicial authorities prior to the date of entry into force of this Act are required to comply with its provisions no later than five years after that date.
S. 29. the translators, interpreters and translators / interpreters who worked for the competent authorities prior to the date of entry into force of this Act are required to comply with its provisions no later than five years after its entry into force.
CHAPTER 7. -Entry into force art. 30. this Act comes into force on the date set by the King, and no later than the first day of the twenty-fourth month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.

Given to Brussels, April 10, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note House of representatives: (www.lachambre.be).
Documents: 53-1499.
Full report: February 20, 2014.
Senate (www.senate.be).
Documents: 5-2498.