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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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10 AVRIL 2014. - An Act to amend various provisions to establish a national register of judicial experts and to establish a national register of jurified translators, interpreters and translators



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Code of Criminal Investigation
Art. 2. In section 44 of the Code of Criminal Investigation, last amended by the Act of 12 March 1998, paragraphs 2 and 3 are repealed.
Art. 3. In Article 44bis of the same Code, inserted by the Act of 15 April 1958, § 2 is repealed.
Art. 4. In article 282, paragraph 1er, from the same Code, replaced by the law of December 21, 2009, the words "with at least twenty-one years, and makes it, under the same penalty, swear to faithfully translate the speeches to be transmitted between those who speak different languages" are repealed.
Art. 5. In the same Code, an article 646 is inserted as follows:
"Art. 646. Sections 991ter to 991undecies of the Judicial Code apply, for the experts referred to in this Code, to the missions they carry out as a judicial expert. ".
CHAPTER 3. - Amendments to the Judicial Code
Art. 6. Article 978, § 1erParagraph 3 of the Judicial Code, last amended by the Act of 30 December 2009, is repealed.
Art. 7. Section 985, paragraph 3, of the same Code, replaced by the Act of 30 December 2009, is repealed.
Art. 8. Section 986, paragraph 3, of the same Code, replaced by the Act of 15 May 2007, is repealed.
Art. 9. In Book II, Title III, Chapter VIII, Section VI of the same Code, a sub-section 6, entitled:
"Subsection 6. Judicial experts"
Art. 10. In subsection 6, inserted by section 9, an article 991ter is inserted as follows:
"Art. 991ter. Except as provided for in section 991decies, only persons who, by decision of the Minister of Justice, have been registered in the national register of judicial experts are authorized to carry the title of judicial expert and may accept and perform missions as a judicial expert. ".
Art. 11. In the same subsection 6, an article 991quater is inserted as follows:
"Art. 991quater. Registered in the national register of judicial experts, natural persons who:
1° justify a relevant experience of at least five years in the eight years preceding the application for registration in the field of expertise and specialization in which they are registered as a judicial expert;
2° are nationals of a Member State of the European Union or legally resident there;
3° present an extract from the criminal record referred to in Article 595 of the Code of Criminal Investigation, issued by the municipal administration of their domicile or residence and dating less than three months; persons who do not have a domicile or residence in Belgium present a similar document of the Member State of the European Union where they have their domicile or residence;
4° were not condemned, even suspended, to any correctional or criminal penalty consisting of a fine, a working sentence or a prison sentence, with the exception of convictions for violation of the regulations relating to the traffic police and convictions which the Minister of Justice considers are not manifestly obstructing the realization of expertise and specialization in which they register as an expert. This provision shall apply by analogy to persons who have been sentenced abroad to a similar penalty by a judgment cast in force of a measure tried;
5° declare in writing to the Minister of Justice that they are at the disposal of the judicial authorities, who may appeal to their services;
6° provide proof that they have the required professional skills and legal knowledge;
7° declare in writing to the Minister of Justice that they adhere to the Code of Ethics established by the King, which provides at least the principles of independence and impartiality;
8° took the oath prescribed in Article 991novies, § 1er".
Art. 12. In the same subsection 6, an article 991quines is inserted as follows:
"Art. 991quinquies. § 1er. The National Register of Judicial Experts is managed and updated regularly by the Minister of Justice.
§ 2. The register contains the following data:
1 the name, first name and sex of the judicial expert;
2° the coordinates allowing the judicial authorities who may appeal to their services to reach it;
3° the expertise and specialization for which it is registered;
4° the judicial districts in which it is available.
This registry can be accessed freely on the Federal Public Service website. ".
Art. 13. In the same subsection 6, an article 991sexies is inserted as follows:
"Art. 991sexies. The Minister of Justice shall issue to the judicial expert in the National Register of Judicial Experts an identification number and a legitimation card, the model of which is fixed by Royal Decree.
The identification number is included in the final report referred to in Article 978, § 1er.
In the event of a loss of the title of judicial expert or a waiver of the title, the legitimation card shall be returned to the Minister of Justice without delay and the identification number shall be removed from the national register of judicial experts. ".
Art. 14. In the same subsection 6, an article 991ssepties is inserted as follows:
"Art. 991ssepties. § 1er. When manifestly inadequate benefits are repeatedly provided or the conduct or conduct of the judicial expert infringes on the dignity of the function or constitutes a breach of the conduct referred to in section 991quater, 7°, the Minister of Justice may, by a reasoned decision, temporarily or definitively remove its name from the national register of judicial experts, on the proposal of the president of the court of first instance of the place where the person concerned exercises his or her activities The duration of temporary radiation is determined by the Minister on the basis of the severity of the failure, without the Minister being able to exceed a period of one year.
§ 2. If the person concerned has no domicile or residence in Belgium, the Minister of Justice may decide to proceed with the deletion referred to in § 1er on the proposal of the first president of the Brussels Court of Appeal or the King's Prosecutor, in the same case and in the same manner as provided in § 1er".
Art. 15. In the same subsection 6, an article 991octies is inserted as follows:
"Art. 991octies. The evidence referred to in section 991quater, 6°, is provided by presenting to the Minister of Justice:
1° with respect to professional fitness, a degree obtained in the field of expertise in which the candidate is registered as a judicial expert and a proof of his five years of relevant experience in the eight years preceding the application for registration;
2° with respect to legal knowledge, a certificate of this knowledge issued by an institution approved by the King.".
Art. 16. In the same subsection 6, an article 991novies is inserted as follows:
"Art. 991novies. § 1er. The candidate who meets the conditions set out in article 991quater, 1° to 7°, shall take the following oath in the hands of the president of the court of appeal of the jurisdiction where he or she carries out his or her professional activities or, in the case of his or her professional activities within a company, in the hands of the judge of the head office or of the principal institution of the company:
"I swear that I will fulfill my mission in honor and conscience, with accuracy and probity," or:
"Ik zweer dat ik mijn opdracht in eer en geweten, nauwgezet en eerlijk zal vervullen", ou
"Ich schwöre, dass ich den mir erteilten Auftrag auf Ehre und Gewissen genau und ehrlich erfüllen werde".
This oath is valid for all the missions that will then be entrusted to the individual as a judicial expert.
§ 2. The candidate who has no domicile or residence in Belgium shall take the oath in the hands of the first president of the Brussels Court of Appeal. ".
Art. 17. In the same subsection 6, an article 991decies is inserted as follows:
"Art. 991decies. Without prejudice to Article 991ter, the judicial authority that entrusts the mission may, by a reasoned decision, designate an expert who is not registered in the national register of judicial experts in the cases mentioned below:
- in an emergency;
- if no judicial expert with the required expertise and specialization is available;
- if the national registry does not include any judicial expert with the expertise and specialization required in relation to the specific nature of the dispute.
The expert referred to in paragraph 1er bears the title of judicial expert only for the mission entrusted to him. He signs his report under penalty of nullity and precedes his signature of the following oath:
"I swear to have fulfilled my mission in honour and conscience, with accuracy and probity"; or
"Ik zweer dat ik mijn opdracht in eer en geweten, nauwgezet en eerlijk vervuld heb"; or
"Ich schwore, dass ich den mir erteilten Auftrag auf Ehre und Gewissen, genau und erlich erfüllt habe".
Where applicable, this procedure, the reasons and names of the designated expert shall be included in the designation decision or on the hearing sheet. ".
Art. 18. In the same subsection 6, an article 991undecies is inserted as follows:
"Art. 991undecies. Judicial experts may decide not to accept a mission."
CHAPTER 4. - Amendment of the Act of April 21, 2007 on the Internship of Persons with Mental Disorder
Art. 19. Section 5, § 2, of the Act of 21 April 2007 on the internation of persons with mental disorder is replaced by the following:
"§2. Psychiatric expertise is carried out under the conduct and responsibility of a judicial expert registered in the national register of judicial experts in accordance with Article 991quater of the Judicial Code.
Psychiatric expertise may be carried out by an expert not registered in the national register in the cases and in the manner determined in section 991decies of the same Code.".
CHAPTER 5. - Provisions concerning juror translators, interpreters and translators
Art. 20. Except as provided for in section 27, only persons who, upon a decision of the Minister of Justice, have been registered in the national register of jurified translators, interpreters and translators-interpreters are authorized to carry the title of a jurored translator, interpreter or translator-interpreter and authorized to perform the translation or interpretation missions entrusted to them under the Act.
Art. 21. Registered in the National Register of Jurified Translators, Interpreters and Translators, physical persons who:
1° are at least 21 years of age;
2° are nationals of a Member State of the European Union or legally resident there;
3° may present an extract from the criminal record referred to in Article 595 of the Code of Criminal Investigation, which has been issued for less than three months by the municipal administration of the place of residence or residence; persons who do not have a domicile or residence in Belgium must present a similar document of the Member State of the European Union where they have their domicile or residence;
4° were not condemned, even suspended, to any correctional or criminal penalty consisting of a fine, a working sentence or a prison sentence, with the exception of convictions for violation of the regulations on the road traffic police and the exception of convictions that, according to the Minister of Justice, are clearly not an obstacle to the exercise of the function of interpreter, translator or translator- This provision shall apply by analogy to persons who have been sentenced abroad to a similar penalty by a judgment cast in force of a measure tried;
5° declare in writing to the Minister of Justice that they are made available to the judicial authorities who, pursuant to this Act, may appeal to their services;
6° may justify having the requisite professional skills and legal knowledge;
7° declare in writing to the Minister of Justice that they adhere to the Code of Ethics to be established by the King, which Code provides at least the principles of independence and impartiality;
8° took the prescribed oath.
Art. 22. The National Register of Jurified Translators, Interpreters and Translators is managed and updated regularly by the Minister of Justice.
The register contains the following data:
1° the name, first name and sex of the translator, interpreter or interpreter;
2° the coordinates allowing the judicial authorities who may appeal to their services in accordance with this Act to reach it;
3° the language of the procedure and the language(s) for which it was registered;
4° the judicial districts in which it is available.
The King determines the authorities that may consult this information.
Art. 23. The Minister of Justice issues an identification number to interpreters, translators and interpreters on the national registry. A map of legitimation, whose model is fixed by the King, is also issued to them.
The following statement shall be affixed to any translation made under this Act:
"For compliant translation and does not vary the language ... to the language .... Made to ..., the ..." or
"Voor eensluidende vertaling ne varietur van het ... naar het .... Gedaan te ..., op ...", ou
"Für gleichlautende und ne varietur Übersetzung aus dem ... ins ... Gegeben zu ..., den ....",
followed by the identification number, name and title.
In the event of a loss of the title of jurored interpreter, jurored translator or jurored translator following a decision of the Minister of Justice referred to in section 24 or in the event of a waiver of that title, the legitimation card shall be returned without delay to the Minister of Justice and the identification number shall be removed from the register.
Art. 24. When manifestly inadequate benefits are provided repeatedly or that the conduct or conduct of the translator, interpreter or interpreter violates the dignity of the function or constitutes a breach of the ethics referred to in section 21, 7°, of this Act, the Minister of Justice may, by a reasoned decision, temporarily or permanently delete its name from the national registry of the translators, interpreters and interpreters-interpreted The duration of temporary radiation is determined by the Minister on the basis of the severity of the failure, without the Minister being able to exceed a period of one year.
If the person concerned has no domicile or residence in Belgium, the Minister of Justice may decide to proceed with the deletion referred to in paragraph 1er, on the proposal of the first president of the Brussels Court of Appeal or the King's Prosecutor, in the same case and in the same manner as provided in paragraph 1er.
Art. 25. The evidence referred to in section 21, 6°, of this Act is provided by presenting to the Minister of Justice:
1° in respect of professional fitness, any degree obtained or proof of a useful professional experience of at least two years that was acquired during a period of eight years prior to the application for registration;
2° with respect to legal knowledge, a certificate issued by an educational institution approved by the King, attesting to this knowledge.
Art. 26. § 1er. The natural person who fulfils the conditions set out in article 21, 1° to 8°, shall take the following oath in the hands of the president of the Court of Appeal of the spring of his home or residence, after favourable advice from the Crown Prosecutor:
"I swear I will fulfill my mission in honor and conscience, with accuracy and probity," or
"Ik zweer dat ik mijn opdracht in eer en geweten, nauwgezet en eerlijk zal vervullen", ou
"Ich schwöre, dass ich den mir erteilten Auftrag auf Ehre und Gewissen genau und ehrlich erfüllen werde".
This oath applies to all missions which will then be entrusted to the individual as a jurored translator, jurored interpreter or jurored translator-interpreter.
§ 2. The candidate who has no domicile or residence in Belgium shall take the oath in the hands of the first president of the Brussels Court of Appeal.
Art. 27. Without prejudice to Article 20, the judicial authority that entrusts the mission may, by a reasoned decision, designate a translator, interpreter or translator-interpreter who is not registered in the national register of translators, interpreters and translators-legals in the following cases:
- in an emergency;
- if no translator, interpreter or interpreter is available for the language concerned;
- if the national register, given the rarity of the language, does not include any translator, interpreter or translator-interpreter with the required knowledge of the language concerned.
Interest referred to in paragraph 1er carries the title of translator, interpreter or translator-interpreter sworn only for the mission entrusted to him. He signs his report under penalty of nullity and precedes his signature of the following oath:
"I swear to have fulfilled my mission with accuracy and probity," or
"Ik zweer dat ik mijn opdracht nauwgezet en eerlijk vervuld heb", ou
"Ich schwöre dass ich den mir erteilten Auftrag genau und ehrlich erfült habe".
Where applicable, this procedure, the grounds and name of the designated translator, interpreter or translator-interpreter shall be included in the designation decision or on the hearing sheet.
CHAPTER 6. - Transitional provisions
Art. 28. Experts who worked for the judicial authorities prior to the effective date of this Act are required to comply with its provisions no later than five years after that date.
Art. 29. Translators, interpreters and interpreters who worked for the competent authorities prior to the effective date 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 fixed by the King and, at the latest, on the first day of the twenty-fourth month following that of its publication to the Belgian Monitor.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives:
(www.lachambre.be).
Documents: 53-1499.
Full report: 20 February 2014.
Senate (www.senate.be).
Documents: 5-2498.