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5 MAI 2014. - Internship Act (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Internment, as referred to in section 9 of this Act, of persons with mental disorder is a safety measure intended both to protect society and to ensure that care is provided to the interned person for reintegration into society.
Given the risk to the safety and health of the interned person, the person will be offered the necessary care to carry out a life in accordance with human dignity. Such care must enable the interned person to reintegrate into society as best as possible and are provided - when indicated and feasible - through a care journey so as to be adapted to the interned person.
Art. 3. For the purposes of this Act, it shall be understood by:
1st Minister: Minister of Justice;
2° the director:
(a) an official responsible for the local management of a prison or institution or social defence unit, organized by the federal authority;
(b) the person responsible, or the person designated by the person, of a centre of legal psychiatry or of an institution recognized by the competent authority, which is organized by a private institution, Community or Region or by a local authority, who is in a position to provide appropriate care to the person in question and who has entered into a cooperation agreement, as referred to in the 5° relating to the application of this Act;
3° the chief physician: the chief psychiatrist or his replacement in an establishment referred to in 4°, c) or 4°, d);
4° the establishment:
(a) the psychiatric section of a prison;
(b) the establishment or social defence section organized by the federal authority;
(c) the centre of legal psychiatry organized by the federal authority, designated by decree deliberately in the Council of Ministers, on the proposal of Ministers who have Justice, Public Health and Social Affairs in their responsibilities;
(d) the establishment recognized by the competent authority, which is organized by a private institution, Community or Region or by a local authority, which is able to provide appropriate care to the interned person and has entered into a cooperation agreement, as referred to in the 5th concerning the application of this Act;
5° the cooperation agreement: the agreement between one or more institutions, on the one hand, and the Minister of Justice as well as the competent minister for the policy of dispensing care in these institutions, on the other hand, which sets out the following aspects: the minimum number of internees that the institution or institutions are willing to receive in the context of an investment, the profiles that can give rise to an investment and the procedure to be followed;
6° the Social Protection Chamber: the Chamber of the Court of the Application of Applicable Penalties for Internship Cases, except the exceptions provided by the King;
7° the examining magistrate: the magistrate president of the chamber of the court of application of the penalties exclusively competent for internating cases;
8° the Public Prosecutor's Office: the Public Prosecutor's Office near the Court of Enforcement of Penalties;
9° the victim: the following categories of persons who, in the cases provided for in this Act, may request, in the case of a execution modality, to be informed and/or heard according to the rules established by the King:
(a) the physical person whose civil action is declared admissible and founded;
(b) the natural person in respect of whom there is a judgment or judgment establishing that offences have been committed against him or his legal representative;
(c) the physical person who was unable to form a civil party as a result of a situation of physical impossibility or vulnerability;
(d) the close relative of the person whose death is caused directly by the offence or close relative of a deceased person who was a civil party; a close relative must be heard by the spouse of the deceased person, the person with whom she cohabited and had a lasting emotional relationship, an ascendant or a descendant, a brother or sister, another person who depended on her;
(e) a person close to a deceased victim who, as a result of a situation of physical impossibility or vulnerability, was unable to form a civil party; By the close, one must hear the spouse/spouse of the deceased victim, the person with whom she cohabits and has a lasting emotional relationship, an ascendant or a descendant, a brother or sister, another person who depends on her.
In respect of persons in the categories referred to in (c), (d) and (e), the Internship Judge shall, at their request, appreciate, in accordance with the provisions of Title III, if they have a direct and legitimate interest;
10° the emergency: a circumstance whose application is left to the discretionary decision of the Social Protection Chamber of the Court of the Application of Penalties and that relates to a request for the granting, modification or withdrawal of an enforcement modality that must be taken immediately, in the interest of the security and/or reintegration of the person interned in society, without summoning or comparing the parties;
11° the Cabinet Order: a decision of the sole president of the Social Protection Chamber of the Court of Enforcement of Penalties, without summons or appearance of the parties.
PART II. - Provisions relating to the victim
Art. 4. § 1^er. The persons referred to in Article 3, 9°, (c), (d) and (e), who, in the cases provided for by law, wish to be informed about the granting of a modality of interference, to be heard or to impose conditions for enforcement, shall apply a written request to the court of internment to the court of application of the penalties established in the jurisdiction of the court of appeal where the court of inquiry or
The Registry shall promptly transmit a copy of the application to the Public Prosecutor's Office. The Public Department renders its notice within seven days of receipt of the copy.
§ 2. Persons referred to in § 1^er may, at any time, be represented or assisted by their counsel. They may also be assisted by the delegate of a public body or an association approved for this purpose by the King.
§ 3. If the examining magistrate considers it useful in order to determine the direct and legitimate interest, he or she may ask the appellant to provide additional information in this regard at a hearing. This hearing must be held no later than one month after receipt of the application referred to in § 1^er.
§ 4. The examining magistrate shall rule on the direct and legitimate interest within fifteen days of receipt of the application or, if a hearing has taken place, within fifteen days of deliberation. The decision is notified in writing to the Grievor or his counsel and communicated in writing to the Public Prosecutor's Office.
§ 5. This decision is not subject to appeal.
PART III. - From the judicial phase of the internment
CHAPTER I^er- Psychiatric expertise
Art. 5. § 1^er. Where there are reasons to consider that a person is in a situation referred to in Article 9, the King's Prosecutor, the examining magistrate or the courts of investigation or judgment order a forensic psychiatric expertise or a forensic psychological expertise to verify:
1 if, at the time of the facts and at the time of the expertise, the person was affected by a mental disorder that has abolished or severely altered his ability to discern or control his actions;
2° if there is a causal link between mental disorder and facts;
3° if, due to mental disorder, possibly combined with other risk factors, the person may commit new offences;
4° (a) if, where appropriate, the person may be treated, monitored, treated and in what way, for reintegration into society;
(b) if, in the event of prevention, the offence referred to in articles 372 to 378 of the Criminal Code or the facts referred to in articles 379 to 387 of the same Code, committed on minors or with their participation, it is necessary to impose specialized guidance or treatment.
§ 2. The forensic psychiatric expertise is carried out under the guidance and responsibility of an expert who meets the requirements set out in Article 2, § 1^er, Royal Decree No. 78 of November 10, 1967 concerning the exercise of health care professions.
The expertise can also be performed by a college or with the assistance of other specialists in behavioural sciences, always under the leadership of the aforementioned expert.
In addition, the executive expert must have been previously approved by the competent minister or his delegate.
Within six months from the entry into force of this Article, the King shall determine on the proposal of Ministers who have Public Health and Justice in their powers the conditions and procedure for granting such approval. It determines the rights and obligations of accredited experts. It determines the sanctions that may be applied in the event of non-compliance with the conditions of licence.
Expert expertise prior to the entry into force of the above-mentioned conditions of accreditation remains valid.
As part of the expert's expertise, the expert must collect all relevant information from the attending physician and, where appropriate, from the other or previous psychiatric care providers of the latter. This consultation must be conducted in accordance with the applicable ethical framework.
§ 3. Without prejudice to the possibility available to the requesting body to conduct a new expertise in accordance with the provisions of this Act, the expertise that was carried out prior to the entry into force of the Royal Decree referred to in § 2, paragraph 4, shall remain valid.
The applicant proceeding may request an update of the expertise if it considers it necessary. This update is the subject of a report prepared by the expert, in accordance with the model set by the King.
§ 4. The expert draws, from his findings, a detailed report, in accordance with the model set by the King.
§ 5. It is created, within the Federal Public Service Public Health, a "extended monitoring of quality". The mission of this unit is to verify whether the expert reports meet quality standards, both in form and in content, before they are transmitted to the court, without questioning the independence of the expert's decision.
§ 6. The expert receives hourly fees that are fixed in accordance with the tariff determined in the nomenclature of health care for a psychotherapeutic treatment session of an accredited doctor.
Art. 6. § 1^er. Where there are reasons to believe that a person incarcerated under the Act of 20 July 1990 on pre-trial detention is in a state referred to in section 9, the examining magistrate and the courts of investigation or judgment may order that the person be subject to forensic psychiatric examination with observation.
In this case, they refer to the psychiatric section of the prison or the secured clinical observation centre created by the King, where the accused must be transferred for observation.
§ 2. During the observation in a psychiatric section of a prison or in the secured clinical observation centre established by the King, which cannot exceed two months, the provisions of the Act of 20 July 1990 relating to pre-trial detention remain applicable to the individual.
§ 3. At the end of the observation period, i.e. either at the latest on the expiry of the period referred to in § 2, or when the period ends by a decision of the judicial authority that ordered the observation, the accused shall reintegrate a prison and shall remain held under the arrest warrant, unless his detention with immediate imprisonment is ordered in accordance with Article 10.
The observation ends if the arrest warrant is lifted.
Art. 7. A person who is subject to forensic psychiatric expertise may, at any time, be assisted by a trusted person or a lawyer. It may also provide written information to judicial experts for the expertise provided by the doctor or psychologist of his choice. This doctor or psychologist is informed of the purposes of psychiatric expertise.
Judicial experts decide on this information before formulating their conclusions and attach them to their report.
Art. 8. § 1^er. At the end of his work, the expert sends for reading to the counsel of the accused and to the Public Prosecutor's Office his findings, to which he already attached a preliminary notice. Unless a time limit has been previously determined by the judge, the expert shall set a reasonable time limit, taking into account the nature of the case, in which the counsel of the accused must make his observations. Unless otherwise decided by the judge or particular circumstances referred to by the expert in his or her preliminary opinion, the time limit is not less than fifteen days.
The expert shall receive the comments of the counsel of the accused and, if any, of the expert designated by the accused, before the expiry of that period. The expert does not take into account any observations he receives after the expiry of this period.
§ 2. The final report is dated. It also contains the record of the documents and notes provided by the counsel of the accused to the experts as well as the comments thereon. The report is, barely invalid, signed by the expert.
The signature of the expert is, barely null and void, preceded by the oath thus conceived: "I swear to have fulfilled my mission in honour and conscience, with accuracy and probity."
On the day the report is filed, the expert sends, by registered letter to the post or by email, a copy of the report to the board of the person examined.
CHAPTER II. - Judicial decisions on interment
Art. 9. § 1^er. Instruction courts, except in the case of a crime or offence considered as a political offence or as a press offence, and the courts of judgment may order the internment of a person:
(a) who has committed a crime or offence punishable by imprisonment; and
(b) that, at the time of judgment, is a mental disorder that severely abolishes or impairs its ability to discern or control its acts, and
(c) for which the danger exists that it commits new offences because of its mental disorder, possibly combined with other risk factors.
§ 2. The judge makes a decision after the forensic psychiatric expertise referred to in section 5 has been performed, or after the updating of an earlier expertise.
Art. 10. When the courts of investigation or judgment instruct the accused or the accused, while he or she is not or more detained, they may, upon requisition of the King's Prosecutor, order his immediate incarceration if he or she is to fear that the accused or the accused attempt to avoid the execution of the security measure or if he or she is to fear that the defendant or the accused constitutes a serious and immediate danger to the physical integrity of the third party. This decision must specify the circumstances of the case that justify this fear.
A separate debate must be devoted to making this decision, immediately after the verdict of internment. The defendant or the accused and his counsel are heard if they are present. These decisions are not subject to opposition or appeal.
Art. 11. If, at the time of order, the defendant or the accused is detained or the judge orders the immediate incarceration of an accused person or accused person, the detention shall take place provisionally in the psychiatric section of a prison.
Art. 12. Instruction or judgment courts may, by separate and reasoned order, leave or release, by imposing or not respecting one or more conditions, an accused person or an accused person in an incarceration situation referred to in articles 10 and 11.
This order is not subject to opposition or appeal.
Art. 13. § 1^er. When the board or the board of indictments is seized of the requisition or application for interception, the board shall, at least fifteen days in advance, indicate in a special registry held at the office of the court, the place, day and time of the appearance. This period is reduced to three days when one of the accused is in pre-trial detention or has been incarcerated immediately under section 10. The Clerk shall notify, by fax or by registered letter to the position, the accused, the civil party and their counsel, that the record is made available to the Clerk in original or copy, and that the Clerk may take note of it and remove it.
Similarly, the Clerk also warns, on the instructions of the Public Prosecutor ' s Office, the injured persons who have not yet become a civil party.
§ 2. The accused and the civil party may apply to the investigating judge within the time limit set out in § 1^erthe performance of complementary acts of instruction, in accordance with Article 61quinquies of the Code of Criminal Investigation. In this case, the rules of procedure are suspended. When the application has been definitively processed, the case is fixed again before the board's board according to the forms and deadlines set out in § 1^er.
§ 3. The board's board decides on the report of the investigating judge, the King's attorney, the civil party and the accused heard.
Civil parties may be assisted by counsel or represented by him. The accused is always assisted by counsel. However, the board may order the personal appearance of the parties. This order is not subject to appeal. The order is served on the party that it concerns, at the request of the King's Prosecutor, and carries summons to appear on the date fixed. If the said party does not appear, the board's board shall rule and the order shall be deemed contradictory.
When the board of the board deliberates the matter to issue its order, it sets the day on which it is pronounced.
§ 4. The proceedings before the Council Chamber are held in private and the statement is public.
Art. 14. § 1^er. The parties deemed by default or their counsel may object to the decisions of the board or board of indictments as set out in sections 187, 188 and 208 of the Code of Criminal Investigation.
§ 2. The Crown Prosecutor and the parties or their counsel may appeal against decisions of the board's board before the indictment board.
The appeal is filed in the forms and deadlines set out in sections 203, 203bis and 204 of the Code of Criminal Investigation. It is filed by a statement to the Registry of the Correctional Court, except in the case referred to in section 205 of the Code of Criminal Investigation and section 1^er of the Act of 25 July 1893 relating to declarations of appeal or appeal in cassation of persons detained or interned.
§ 3. The proceedings before the indictment chamber are held in private and the statement is public.
Art. 15. § 1^er. If it appears from the proceedings before the trial court that the accused is suffering from a mental disorder that seriously abolishes or impairs his or her ability to discern or control his or her actions or if the accused or his or her counsel so requests, the following subsidiary questions are asked to the jury:
"Is it consistent that the accused committed a crime or offence?", "Is it consistent that the accused is suffering from a mental disorder that seriously abolishes or impairs his ability to discern or control his actions?".
§ 2. If so, the court and the jury shall decide on intervening in accordance with section 9 of this Act and section 334 of the Code of Criminal Investigation.
The judgment of the court of siege sets out the grounds that led to the internment of the accused.
When it comes to a crime or a political or press offence, the interference can only be pronounced unanimously by the court and the jurors.
CHAPTER III. - Miscellaneous fees, restitution and security measures
Art. 16. In the event that the internment is ordered, the defendant or the accused is sentenced to costs and, where applicable, restitution. Special confiscation is pronounced.
Art. 17. § 1^er. A person who is interned for acts referred to in sections 372 to 377, 377quater, 379 to 380ter, 381, 383 to 387, of the Criminal Code committed on a minor or with his or her participation, may, for a period of one year to twenty years, be subject to a security measure by which the court of investigation or judgment prohibits him or her:
1° to participate, in any capacity, in a given education in a public or private institution that accommodates minors;
2° to be a member, as a volunteer member, a member of the statutory or contractual personnel or a member of the administrative and management bodies, of any legal or de facto association whose activity is primarily concerned with minors;
3° to be assigned to an activity that places the person concerned as a volunteer member, a member of the statutory or contractual staff or a member of the organs of administration and management of any legal person or association of fact, in relation to trust or authority with respect to minors;
4° to live, reside or stand in the specified area designated by the competent judge. The imposition of this measure must be specifically motivated and take into account the seriousness of the facts and the ability to reintegrate the interned person.
§ 2. The duration of the prohibition imposed under § 1^er short from the day on which the interned person was permanently released or, in the event of release on trial, from the day on which he was pronounced, provided that he was not reported.
The prohibition also produces its effects from the day when the conflicting or default court decision which pronounces the prohibition becomes irrevocable.
§ 3. Any offence at the disposal of the judgment or order pronouncing a prohibition in accordance with § 1^er shall be punished by imprisonment for one to six months and a fine of one hundred to one thousand euros or only one of these penalties.
CHAPTER IV. - Civil action of victims
Art. 18. § 1^er. The courts of investigation or judgment shall determine public action under this Act or section 71 of the Criminal Code; At the same time, they decide on the civil action they have been regularly seized, in accordance with article 1386bis of the Civil Code, as well as on costs.
§ 2. Instruction or judgment courts may also reserve civil interests in accordance with Article 4 of the preliminary title of the Code of Criminal Procedure.
PART IV. - The execution of judicial decisions of interment
CHAPTER I^er. - Definition of the terms and conditions for the execution of the internment
Section I^re. - Investment and transfer
Art. 19. The placement is the decision by which the Social Welfare Board designates, in an emergency or not, one of the establishments referred to in Article 3, 4, (b), (c) and (d) in which the internment will be carried out.
The transfer is the decision by which the Social Welfare Board designates, in an emergency or not, one of the establishments referred to in section 3, 4, (b) and (c) in which the interned person must be transferred, for reasons related to security or proper care.
Section II. - Leave and leave
Sub-section I^re. - Definitions
Art. 20. § 1^er. Exit permission allows the internee to leave the institution or prison for a specified period of time that cannot exceed sixteen hours.
§ 2. Exit permissions may be granted to the person in question for:
1° to defend emotional, social, moral, legal, family, therapeutic, training or professional interests that require its presence outside the institution;
2° to undergo medical examination or treatment outside the establishment;
3° to prepare for social reintegration.
These exit permissions may be granted with a specific periodicity.
Art. 21. § 1^er. Leave allows the internee to leave the institution or prison for a period of not less than one day and not more than seven days per month.
§ 2. The purpose of the leave is to:
1° to preserve and promote family, emotional and social contacts of the interned person;
2° to prepare for the social reintegration or treatment of the interned person by allowing the person to gradually return to society;
3° to allow the preparation of an outpatient or residential therapeutic program.
Sub-section II. - Conditions
Art. 22. Leave and leave may be granted, at each stage of the execution of the internment, to the interned person who meets the following conditions:
1° There are no counter-indications in the head of the interned person to which the setting of special conditions cannot be met. These contraindications relate to:
(a) the risk that the interned person will subtract from the execution of the internment;
(b) the risk of serious offences in these terms;
(c) the risk that it would import the victims;
2° exit permission may be accompanied by a family member or a trusted person.
If accompaniment by a family member or a trusted person is not possible, leave of absence may be accompanied by a member of the staff of the establishment, in consultation with the establishment and with its agreement;
3° the interned person agrees on the conditions that may be attached to leave or leave under sections 36 and 37.
Section III. - Limited detention, electronic surveillance and probation
Sub-section I^re. - Definitions
Art. 23. § 1^er. Limited detention is a modality of enforcement of an internment decision that allows the interned person to leave, on a regular basis, the institution or prison for a maximum of fourteen hours a day.
§ 2. Limited detention may be granted to the interned person in order to defend the therapeutic, professional, training or family interests that require his or her presence outside the institution.
Art. 24. Electronic surveillance is a modality for the execution of an internment decision by which the innate person is subject to the security measure imposed on him outside the establishment, according to a specific enforcement plan, whose compliance is controlled in particular by electronic means.
Art. 25. The release of the test is a modality of enforcement of the internating decision by which the interned person undergoes the security measure imposed on him or her in the context of a residential or outpatient care journey, subject to the conditions imposed on him during the probation period.
Sub-section II. - Conditions
Art. 26. Limited detention, electronic surveillance and probation may be granted to the interned person who meets the following conditions:
1° There are no counter-indications in the head of the interned person to which the setting of special conditions cannot be met. These contraindications relate to:
(a) the lack of prospects for social reintegration of the interned person;
(b) the insufficient improvement of the mental disorder to which the person is interned, unless this modality of execution is intended to allow him to follow a suitable outpatient or residential therapeutic program;
(c) the risk of serious offences;
(d) the risk that it would import the victims;
(e) the attitude of the internee to the victims of the facts that led to his internment;
(f) the refusal of the internee to follow any guidance or treatment deemed necessary for him or her, or his or her inability to do so, in the event that the person concerned has been interned for acts referred to in articles 372 to 378 of the Criminal Code, or for acts referred to in articles 379 to 387 of the same Code if committed on minors or with their participation;
(g) the efforts made by the inert person to compensate the civil party, taking into account the heritage situation of the innate person as it has evolved since the commission of the facts for which it was interned;
2° the interned person agrees on the conditions that may be attached to limited detention, electronic surveillance and probation under sections 36, 37 and 40.
Art. 27. Limited detention, electronic surveillance and probation may be granted at each phase of the internment execution.
Section IV. - From early release for the removal of the territory or for the surrender
Art. 28. § 1^er. The early release for the removal of the territory or for remission is a modality for internated persons for which a final decision has been made establishing that they do not have a right of residence in Belgium. These are made available to a foreign jurisdiction or their willingness to leave the country has been found. This modality can be granted provided that there is no contraindication in the head of the interned person. These contraindications relate to:
1° the insufficient possibilities for the interned person to have accommodation;
2° the insufficient improvement of the mental disorder in which the interned person is affected, unless this modality of execution is precisely intended to follow a suitable outpatient or residential therapeutic program;
3° the risk of serious offences;
4° the risk that it imports the victims;
5° the efforts made by the interned person to compensate the civil party, taking into account the heritage situation of the interned person as it has evolved since the commission of the facts for which it was interned;
§ 2. the interned person shall agree on the conditions that are attached to the early release for the removal of the territory or the surrender under sections 36 and 37.
CHAPTER II. - The general procedure for placement, transfer, leave to leave, leave, limited detention, electronic surveillance, probation and early release for removal from the territory or for remission
Section I^re- From the first hearing
Art. 29. § 1^er. The Public Prosecutor ' s Office shall, within two months after the judgment or the order of interment passed in force of a finding, have the Social Protection Chamber in order to designate the establishment where the internment is to be carried out or in order to grant another modality of execution, in accordance with Articles 20, 21, 23, 24, 25 and 28.
The Public Prosecutor ' s Office shall refer the case to the Social Welfare Board by regular mail; the transplant on receipt. The criminal record that gave rise to the internment is attached to this mail.
The Public Prosecutor ' s Office shall also, within the month following the acquisition of the deemed force of the decision, have entered the Court Houses of Justice for the purpose of contacting known victims, to be designated in the referral.
§ 2. Consideration of the case takes place at the first useful hearing of the Social Welfare Chamber. This hearing must take place no later than three months after the judgment or intermental order has passed into force of evidence.
§ 3. The file, constituted by the Public Prosecutor's Office, contains at least the judgment or detention order, the statement of facts, an extract from the criminal record, the reports of the expertise and, where applicable, the victim's file(s) or the victim's statements.
The Public Prosecutor's Office issues a first written notice with respect to the execution of the internment.
The Public Prosecutor's Office completes the file by a report of the prison's psychosocial service, if the interned person is in custody, or by a brief information report or a social investigation of the Court House Service, if the interned person is not in custody.
The content of this brief information report and this social inquiry is set by the King.
The Public Prosecutor's Office also encloses the notice of the director of the establishment referred to in section 3, 4, (a) and (b), or of the chief physician of the establishment referred to in section 3, 4, (c) and (d), with respect to the execution of the internment.
§ 4. The interned person, counsel and, where appropriate, the victim are informed by judicial fold; the director of the institution, if the interned person is in custody, or the chief physician of the establishment referred to in section 3, 4, (c) and (d), if the interned person has been admitted to an establishment, shall be informed in writing of the day, time and place of the hearing.
§ 5. The file shall be held, for at least four days before the date fixed for the hearing, at the disposal of the interned person and his counsel for consultation at the office of the Social Welfare Chamber or, if the interned person is detained, at the office of the institution. The examining magistrate may, on the advice of the attending institution psychiatrist or psychiatrist, deny access to his or her file by reasoned order if it is clear that such access may seriously affect the health of the person concerned.
The board of the internee may, upon request, obtain a copy of the record.
Art. 30. The Social Welfare Chamber hears the interned person and his counsel, the Public Prosecutor's Office and, if the interned person is in custody, the director of the prison or his or her delegate and a member of the prison's psychosocial service. If the interned person is not in custody, the Social Welfare Chamber shall hear the chief physician of the establishment referred to in section 3, 4, (c) and (d), or his or her delegate.
The interned person appears in person. She is represented by her counsel when medicopsychiatric questions related to her condition are posed and it is particularly detrimental to examine them in her presence.
The victim is heard at his request on the specific conditions to be imposed in his interest. The victim is present at the hearing the time required to review these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim may present his observations.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The Social Welfare Board may decide to hear other people as well.
Art. 31. The hearing is closed.
Art. 32. The Social Welfare Board may issue the examination of the case to a subsequent hearing only once, without this hearing being held more than two months after delivery.
The Social Welfare Board may also order, by a reasoned order, a complementary psychiatric examination that meets the conditions set out in Article 5, §§ 2, 4 and 5.
Art. 33. The Social Welfare Board renders its decision within fourteen days of deliberation.
Art. 34. If the enforcement court makes a decision on placement or transfer, it determines in which institution the interned person must be transferred. This establishment is chosen either among the institutions or sections of social defence organized by the federal authority, or among the centres of legal psychiatry organized by the federal authority, designated by the King, or, in accordance with the terms defined in the cooperation agreement, among the institutions approved by the competent authority, which are organized by a private institution, a Community or a Region or by a local authority and which are in a position to dispense the appropriate care to the interested person and
This execution modality may be accompanied by individualized conditions referred to in section 37.
Art. 35. The Social Welfare Board may grant a different enforcement modality than that provided for in section 34 when it finds that all the conditions provided for by the law are met, and if the interned person agrees on the conditions imposed.
Art. 36. The decision to grant the execution modality (exit, leave, limited detention, electronic surveillance, probation or early release for the removal of the territory or remission) states that the interned person is subject to the following general conditions:
1° do not commit offences;
2° except for leave of absence and limited detention, have a fixed address and, in the event of a change of address, communicate promptly the address of his new residence to the Public Prosecutor's Office and, where applicable, to the Legal Assistant in charge of guidance;
3° follow-up to the summonses of the Public Prosecutor's Office and, where applicable, the Legal Assistant responsible for guidance.
Art. 37. In the event of the granting of the terms and conditions referred to in sections 34 and 36, the Social Welfare Board may subject the person in question to individualized conditions that correspond to the prescribed care circuit or to counter-indications referred to in sections 22, 26 or 28, or that are necessary in the interests of the victims.
If the interned person is subject to a security measure referred to in section 17, the said security measure shall, in the event of release to the trial, be imposed ex officio for the duration of the trial period.
Art. 38. In the event of the granting of one or more exit permissions, the Social Protection Chamber shall determine the duration and, where applicable, the periodicity, as well as the purpose or content.
Art. 39. In the event of leave granted, the Social Welfare Chamber shall determine the number of days of leave, as provided for in section 21, for which the interned person may benefit.
Art. 40. In the event of limited detention, electronic supervision or release on trial, the social protection chamber may, if the interned person undergos the security measure of internment for any of the acts referred to in sections 372 to 378 of the Criminal Code, or for the acts referred to in sections 379 to 387 of the same Code, if they have been committed on the person of a minor or with their participation, impose an obligation
When the Social Welfare Board does not follow the notice of expertise provided for in Article 5, § 1^er, 4°, b), or the opinion of the service or of the person specialized in the diagnostic expertise of sexual offenders, as provided for in article 48, § 1^er, 7°, in fine, it makes a decision specially motivated.
Art. 41. § 1^er. In the event of limited detention or electronic surveillance, the Social Protection Chamber determines the program.
The Justice Assistant or, where applicable, the National Electronic Monitoring Centre is responsible for defining the enforcement modality granted in accordance with the rules established by the King.
§ 2. The Social Welfare Chamber determines the number of days of leave for which the interned person can benefit each month during limited detention or electronic surveillance.
§ 3. In the event of limited detention or electronic surveillance, the Penal Enforcement Court also sets out the period for which such detention is granted. This period is set at a maximum of six months and can be extended once for a maximum of six months.
§ 4. Fifteen days before the end of the period provided for in § 3, the Penal Enforcement Court shall decide on the extension of the modality granted or the conversion of the limited detention measure to an electronic surveillance measure.
The interned person and counsel, the director, if the interned person is in limited custody, and the victim are informed by court of the place, day and time of the hearing.
The file shall be held for at least two days before the date fixed for the hearing at the disposal of the person in question and his counsel for consultation at the court office of the enforcement of sentences or, if the person in question is in limited custody, at the registry office or at the secretariat of the institution where he or she resides.
The interned person may, upon request, obtain a copy of the record. The board of the interned person may also, upon request, obtain a copy of the record.
The examining magistrate may, on the advice of the psychiatrist of the institution, deny the person concerned access to his or her file if manifestly such access may seriously affect the health of the institution.
§ 5. The Social Welfare Board shall hear the interned person and counsel, the Director, if the interned person is in limited custody, and the Public Prosecution Service.
The interned person appears in person. She is represented by her counsel if medicopsychiatric questions related to her condition are posed and it is particularly detrimental to examine them in her presence.
The victim is heard on the specific conditions that must be imposed in his interest. The victim is present at the hearing the time required to review these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim may present his observations.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The hearing is closed.
§ 6. The enforcement court makes its decision within fourteen days of deliberation.
Section 44 is applicable.
§ 7. Upon the expiry of the period established in accordance with §§ 3 and 4, the court of application of penalties shall grant the person in question the release to trial.
§§ 4, paragraphs 2 to 5, and 5 are of application.
Sections 42 and 44 are applicable.
Art. 42. § 1^er. In the event of a release on trial, the interned person is subject to the general conditions and, where applicable, to the specific conditions for a renewable period of two years.
§ 2. In the event of early release for the removal of territory or remission, the interned person will be automatically released after two years, in accordance with sections 72 and 75.
Art. 43. If the Social Welfare Board does not grant a performance modality referred to in sections 20, § 2, 3°, 21, 23, 24, 25 and 28, it shall indicate in its judgment the date on which the interned person and counsel may apply and the date on which the director of the institution or the chief doctor of the establishment referred to in article 3, 4°, b, c) and d, shall issue a new notice.
This period may not exceed one year from the date of the judgment.
Art. 44. § 1^er. The judgment or order shall be notified within 24 hours, by judicial fold, to the interned person and his or her counsel, and shall be notified in writing to the public prosecutor and the director of the institution if the interned person is in custody, or to the chief doctor of the institution if the interned person has been admitted to an institution referred to in 3, 4°, c) and d), or to the director of the courthouse if not
The victim is also informed, as soon as possible, and in any case within 24 hours, by the fastest written means of communication, of the judgment and, where appropriate, of the conditions imposed in his interest.
§ 2. The award of one or more terms referred to in sections 20, 21, 23, 24, 25 and 28 shall be communicated by the Public Prosecutor to the following authorities and authorities:
1° the head of the local police force of the commune where the interned person will settle;
2° the national data bank referred to in section 44/4 of the Police Service Act of 5 August 1992;
3° where applicable, the director of the courthouse of the judicial district of the place of residence of the interned person;
4° the National Electronic Monitoring Centre, if the decision concerns the granting of electronic surveillance.
Art. 45. The judgment of granting a modality referred to in Chapter I of this Title shall be enforceable from the day on which it has passed into force of judgment, unless the Social Welfare Board sets another date.
Section II. - Change of decision
Art. 46. § 1^er. If, between the time when a decision to grant a modality of execution is taken by the social protection chamber and the time it is executed, a situation incompatible with the modality itself or with the conditions set out in that decision, the social protection chamber may, on its own motion or upon requisition of the public prosecutor, make a new decision, including the withdrawal of the modality that had been granted.
§ 2. The internee and his counsel and, where applicable, the victim are summoned by judicial fold to appear before the social welfare chamber within seven days of the finding of incompatibility. The summons by judicial fold suspends the execution of the decision to grant the particular modality.
The Director or Chief Medical Officer of the institution and, where applicable, the victim shall be informed in writing of the place, day and time of the hearing.
§ 3. The procedure shall then be carried out in accordance with Articles 29, § 5, on the understanding that the consultation period is limited to at least two days, 30, 31, 33, on the understanding that the Social Welfare Board renders a decision within seven days, 44, § 1^er and 2, and 45.
Section III. - From the subsequent organization of the internment
Art. 47. § 1^er. The Social Protection Chamber may decide on the opportunity or necessity of a transfer, or the granting of another execution modality provided for in sections 20, 21, 23, 24, 25 and 28, of initiative - possibly following an initiative from an interested person -, at the request of the intervening person and his counsel, upon the requisition of the public ministry, on the advice of the director of the establishment or the chief medical officer
§ 2. Each time an initiative is taken within the meaning of § 1^era copy of the statement of intent of the Social Protection Chamber, the application or notice to the Public Prosecutor's Office, the Director of the Institution or the Chief Medical Officer of the Institution within the meaning of section 3, 4, (b), (c) and (d) shall be transmitted without delay.
If the initiative is taken by the director of the institution or by the chief physician of the establishment within the meaning of section 3, 4, (b), (c) and (d), the institution shall forthwith render an opinion after hearing the person interned.
§ 3. The notice of the director of the establishment or the chief physician of the establishment within the meaning of section 3, 4, (b), (c) and (d) contains a reasoned proposal for granting or refusing the transfer, and the terms and conditions set out in sections 20, 21, 23, 24, 25 and 28 and, where applicable, the particular conditions that the person considers necessary to impose on the interned person.
Art. 48. § 1^er. The Registry of the Social Protection Chamber completes the file, constituted in accordance with Article 29, § 3, by the following elements:
1° where applicable, a recent copy of the lock sheet;
2° a recent extract from the criminal record;
3° the opinion of the director of the establishment or chief physician of the establishment within the meaning of section 3, 4°, b), c) and d);
4° a recent multidisciplinary psychosocial and psychiatric report;
5° where applicable, a recent report of the courthouse;
6° where applicable, the victim statement(s) and the new victim profile(s);
7° if the person concerned has been interned for acts referred to in sections 372 to 378 of the Criminal Code or for acts referred to in sections 379 to 387 of the same Code, if they have been committed on the person of minors or with their participation, the reasoned opinion appreciating the need to impose guidance or treatment and written by a service or person specialized in the diagnostic expertise of sexual offenders.
§ 2. A copy of the notice of the director of the establishment or the chief physician of the establishment within the meaning of section 3, 4, (b), (c) and (d) is addressed to the public department and the board of the interned person.
Art. 49. In the month of the receipt of the notice of the director of the institution or the chief physician of the establishment within the meaning of section 3, 4°, (b), (c) and (d), the Public Prosecutor's Office shall prepare a reasoned opinion, unless the initiative emanates from itself, that it shall address the Social Welfare Board and that it shall transmit a copy to the director of the establishment or to the chief doctor of the establishment in the sense. The Registry of the Social Welfare Board shall transmit a copy of the requisition or notice of the Public Prosecutor's Office to the board of the interned person.
Art. 50. § 1^er. The review of the case takes place at the first useful hearing of the Social Welfare Board after receiving the Public Prosecutor's notice. This hearing shall be held no later than two months after the notice of the director of the establishment or the chief physician of the establishment is received within the meaning of section 3, 4, (b), (c) and (d).
§ 2. If the Public Prosecutor's notice is not communicated within the time limit set out in section 49, the Public Prosecutor's Department must render its notice during the hearing.
Art. 51. § 1^er. The Social Welfare Board may charge the Houses of Justice department to prepare a brief information report or conduct a social investigation. The content of this brief information report and this social inquiry is set by the King.
§ 2. The Social Welfare Board may also order, by a reasoned order, a complementary forensic psychiatric examination that meets the conditions defined in Article 5, § 2, 3° and 4°.
Art. 52. The continuation of the proceedings shall be in accordance with articles 29, paragraphs 4 and 5, 30 to 45, and, where applicable, 46.
Art. 53. § 1^er. By derogation from the procedure set out in sections 47 to 51, leave of release may also be granted by a Cabinet Order, referred to in section 3, 11°, at the request of the Public Prosecutor's Office or the Director referred to in section 3, 2°, of the Chief Medical Officer referred to in section 3, 3°, or of the interned person and his counsel, or of the victim as provided for in section 4.
Articles 35, 36, 37, 38, 39, 43, 44, §§ 1^er and 2, 45 and, where applicable, 46 remain in application.
§ 2. A written request is addressed to the President of the relevant Social Welfare Chamber; It is registered in a register specially held for this purpose in the court's office of enforcement of sentences.
§ 3. The order is made within five working days, without the parties being summoned, after the registration in the above-mentioned registry.
The sole chair of the Internship Board may declare, by reason of decision, the enforceable order by provision notwithstanding opposition.
The Clerk shall bring the order to the attention of the Crown Prosecutor, the Grievor, the internee and his counsel and/or the victim referred to in section 4, by fax or registered letter to the position within 24 hours.
§ 4. The Grievor, the Public Prosecution Service, the interned person and counsel may object to this order within five working days of the notification.
The opposition has a suspensive effect, unless the immediate execution has been ordered.
§ 5. In the event of an objection from the Public Prosecutor's Office or the interned person and his or her counsel, the case shall be fixed ex officio at the first useful hearing of the Social Welfare Chamber, no later than fourteen days after the emergency order.
The procedure shall then be carried out in accordance with Articles 47, § 1^er50, 51 and 52.
§ 6. If there is no opposition or if it is not formed in due course, the order is deemed to be definitively contradictory.
Art. 54. § 1^er. In the event of an emergency, the Social Welfare Chamber may order, by order of reason, in accordance with Article 3, 10° and 11°, the placement and transfer of the interned person, leave of absence, limited detention, electronic supervision and a release to trial.
§ 2. An order may only be made on an urgent basis, pursuant to section 3, 10°, at the request of the Public Prosecutor's Office or the Director, referred to in section 3, 2°, or of the Chief Medical Officer referred to in section 3, 3°, or of the interned person and counsel, or of the victim as provided for in section 4.
§ 3. A written request is addressed to the President of the relevant Social Welfare Chamber; It is registered in a register specially held for this purpose in the court's office of enforcement of sentences.
§ 4. The order is made within five working days, without the parties being summoned, after the registration in the above-mentioned registry.
The Social Welfare Board may declare, by reason of decision, the enforceable order by provision notwithstanding opposition.
The Clerk shall bring the order to the attention of the Crown Prosecutor, the Grievor, the internee and his lawyer and/or the victim referred to in section 4, by fax or registered letter to the position within 24 hours.
§ 5. The Grievor, the Public Prosecution Service, the interned person and counsel may object to this order within five working days of the notification.
The opposition has a suspensive effect, unless the immediate execution has been ordered.
§ 6. In the event of an opposition of one or more parties, the case shall be fixed ex officio to the first useful hearing of the Social Welfare Chamber, no later than fourteen days after the order in emergency.
The procedure shall then be carried out in accordance with Articles 47, § 1^er50, 51 and 52.
§ 7. If there is no opposition or if it is not formed in due course, the order is deemed to be definitively contradictory.
Art. 55. § 1^er. In the event of the transfer of an interned person to a penitentiary medical centre or hospital, in accordance with article 97 of the Royal Decree of 21 May 1965 on the general regulation of penitentiary institutions or section 93 of the Act of 12 January 2005 concerning the prison administration as well as the legal status of prisoners, the Social Protection Chamber shall be informed immediately by the direction of the institution, which may act if necessary as provided for 54.
§ 2. In the event of an urgent medical transfer of a person placed in a legal psychiatry centre to a penitentiary medical centre or hospital, the social protection chamber shall be informed immediately by the management or chief medical officer of the institution, who, if necessary, may act as provided for in section 54 during the duration of the treatment.
Section IV. - Special transfer procedure
Art. 56. In the event of an emergency and for security reasons, the Minister of Justice may order the temporary transfer of an interned person from a federal institution to another federal institution.
This decision is immediately brought to the attention of the Social Welfare Chamber, which makes a final decision at the first useful hearing that follows, in accordance with articles 29, §§ 3, 4, 5, as well as 30, 31, 33, 34, 44 and 45.
CHAPTER III. - Monitoring and monitoring of the modalities referred to in articles 19, 20, 21, 23, 24, 25 and 28
Art. 57. § 1^er. Without prejudice to the application of section 19 of the Police Function Act of 5 August 1992, the Public Prosecutor's Office is responsible for the control of the person interned during the course of the procedure referred to in sections 20, 21, 23, 24, 25 and 28.
§ 2. The director or chief doctor of the institution shall report to the Social Welfare Board on the course of the placement or leave granted with a specified period of time, when he considers it useful or if the Social Welfare Board invites him to do so. Where applicable, the Director or Chief Medical Officer of the establishment proposes the measures that he considers appropriate.
Communications between the Social Welfare Board and the Director or Chief Medical Officer of the institution are reported, a copy of which is sent to the Public Prosecutor's Office.
§ 3. The Social Welfare Board may charge the Houses of Justice to assess the course of leave.
This evaluation is communicated to the Social Welfare Board in the form of a report, a copy of which is addressed to the Public Prosecutor's Office and the Director of the Institution.
§ 4. In the event of limited detention, electronic supervision or probation, the Houses of Justice Department reports to the Social Welfare Board on the conduct of the modality in the month of the award of the modality, and at least once every six months, when it considers it useful or the Public Prosecutor's Office or the Social Welfare Chamber invites it to do so. Where applicable, the Houses of Justice Department proposes the measures it considers useful.
Communications between the Social Welfare Chamber and the Houses of Justice Service are reported, a copy of which is addressed to the Public Prosecutor ' s Office.
§ 5. If the grant of a modality is subject to the condition of following guidance or treatment, the person or service that accepts the mission shall address the assistant of justice, in the month of the grant of the modality and whenever that person or service considers it useful, at the request of the social protection chamber and at least once every six months, a follow-up report on guidance or treatment.
The report referred to in paragraph 1^er addresses the following points: the actual presences of the interested party in the proposed consultations, its unjustified absences, the unilateral cessation of guidance or treatment by the interested party, the difficulties encountered in the implementation of these consultations and situations involving serious risk to third parties.
§ 6. The Public Prosecutor's Office reports every six months to the Social Welfare Board on early release for the removal of the territory or remission.
Art. 58. § 1^er. The interned person and counsel, the Public Prosecutor's Office and the Director or Chief Medical Officer of the institution may request the Social Welfare Board to suspend one or more of the conditions imposed, specify or adapt them to the circumstances, but without strengthening or imposing additional conditions.
The written request is submitted to the Registry of the Social Welfare Chamber.
The Registry of the Social Welfare Board shall promptly transmit a copy of the written application to the other parties.
If these are conditions that have been imposed in the victim's interest, a copy of the application is also transmitted promptly to the victim.
§ 2. If they have comments, the interned person and counsel, the Public Prosecutor's Office, the Director or Chief Medical Officer of the institution and, where applicable, the victim shall communicate them in writing within seven days of receipt of the copy to the Social Welfare Chamber.
§ 3. The Social Welfare Board must request all additional information that is relevant to the institution or the courthouse and must make a reasoned decision without delay, unless it considers that an adversarial hearing must be held.
The establishment must provide the information it has in the form of a reasoned report. This report must be prepared after consultation with the attending physician and, where appropriate, with other or previous psychiatric care providers of the interned person. This consultation must be conducted in accordance with the applicable ethical framework.
§ 4. If the social protection board considers it useful to be able to decide on suspension, precision or adaptation, in accordance with § 1^er, conditions imposed, it may organize a hearing to gather more information on this subject. This hearing shall be held no later than one month after receipt of the written request referred to in § 1^er. The interned person and counsel and the Public Prosecutor's Office are heard. The interned person shall appear in person, except in the case referred to in Article 57, § 6. She is represented by her counsel if medicopsychiatric questions related to her condition are posed and it is particularly detrimental to examine them in her presence.
The board of the internee may, upon request, obtain a copy of the record.
If these are conditions that have been imposed in the victim's interest, the victim may be heard. The victim is present at the hearing the time required to review these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim may present his observations. The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The Social Welfare Board may decide to hear other people as well.
The hearing is closed.
The Social Welfare Board renders its decision within fourteen days of deliberation.
§ 5. The judgment on suspension, precision or adaptation, in accordance with § 1^er, conditions imposed shall be notified by judicial fold to the interned person and his or her counsel, shall, as soon as possible and in any case within twenty-four hours, be notified by the quickest written means of communication, to the knowledge of the victim if these are conditions that have been imposed in his or her interest and shall be notified in writing to the public ministry and the director or chief physician of the establishment or director of the house of justice.
The amendments are also communicated to the authorities and authorities referred to in Article 44, § 2.
CHAPTER IV. - Revocation, suspension and revision of the terms and conditions referred to in articles 19, 20, 21, 23, 24, 25 and 28
Section I^re- Revocation
Art. 59. The Public Prosecutor ' s Office may, in the following cases, refer to the Social Welfare Chamber for the revocation of the granted modality:
1° if it is found, in a decision taken in force of an offence, that the interned person committed an offence or a crime during the course of the modality granted to him;
2° if the interned person seriously endangers his or her own physical or mental integrity or that of third parties;
3° if the particular conditions imposed are not met;
4° if the interned person fails to comply with the summons of the Social Welfare Chamber, the Public Prosecutor's Office or, where applicable, the Justice Assistant;
5° if the interned person does not communicate his or her change of address to the Public Prosecutor's Office and, where applicable, to the counsellor in charge of exercising guidance;
6° where there are reasons to believe that the mental state of the interned person has at this point deteriorated that the modality granted is no longer opportune;
7° if the interned person does not respect the program of the concrete content of limited detention or electronic surveillance as determined in accordance with section 41.
Art. 60. § 1^er. In the event of revocation of probation or electronic surveillance, the interned person is immediately placed in an establishment designated by the Social Welfare Board.
In the event of revocation of another modality, it is immediately terminated its execution.
§ 2. In the event of a revocation of a modality, the Social Welfare Board shall determine the time limit referred to in section 43 in which the person internated and counsel may apply or the date on which the director of the institution or the chief physician of the establishment referred to in section 3, 4°, (b), (c) and (d), must issue a new notice.
The director or chief physician of the establishment referred to in section 3, 4, (b), (c) and (d) shall, when writing their report, consult with the treating physician and, where appropriate, with the other or previous psychiatric care providers of the person concerned. This consultation must be conducted in accordance with the applicable ethical framework.
Section II. - Suspension
Art. 61. § 1^er. In the cases referred to in section 59, the Public Prosecutor's Office may apply to the Social Welfare Board for the suspension of the modality granted.
§ 2. In the event of suspension of probation or electronic surveillance, the interned person is immediately placed in an establishment designated by the Social Welfare Board.
In case of suspension of another modality, it is immediately put an end to its execution.
§ 3. Within a maximum period of one month from the suspension judgment, the social protection chamber revokes the modality or lifts the suspension. In the latter case, the modality may be reviewed in accordance with the provisions of section 62. If no decision is taken within this time limit, the original modality is the same as previously.
§ 4. The Social Welfare Board may, as part of the suspension decision, grant leave or leave and act in accordance with the provisions of articles 35, 36, 37, 38 and 39.
Section III. - Revision
Art. 62. § 1^er. If the Social Welfare Board, seized in accordance with section 59 or 61, considers that revocation is not necessary in the interest of the internee, society or victim, it may review the modality. In this case, the Social Welfare Chamber may strengthen the conditions imposed, impose additional conditions or provide another modality better adapted to the situation, in accordance with the provisions of articles 19, 20, 21, 23 and 24. However, the modality is revoked if the interned person does not agree on the new conditions or the other modality better adapted to the situation.
§ 2. If the Social Protection Chamber decides to strengthen the conditions imposed, impose additional conditions or give another modality better adapted to the situation, it sets the time when this decision becomes enforceable.
Art. 63. If, in accordance with Article 17, § 1^er, 4°, the interned person is deprived of his or her right to reside, reside or stand in the specified area designated by the competent judge, the Social Welfare Chamber shall make a decision as to the execution of that security measure. The Social Protection Chamber may adapt the terms or conditions of the security measure, reduce the duration of the prohibition, suspend or terminate the execution.
In this regard, the Social Welfare Chamber takes into account counter-indications regarding the risk that the interned person imports victims.
Section IV. - The procedure
Art. 64. § 1^er. The Public Prosecutor's Office may refer to the Social Welfare Board for revocation, suspension or revision of the modality granted.
The examination of the case takes place at the first useful hearing of the Social Welfare Chamber and no later than fifteen days of the referral.
The interned person and counsel and the victim are summoned by judicial fold at least five days before the date of the examination of the file.
The hearing is closed.
§ 2. The file shall be held, at least four days before the date fixed for the hearing, at the disposal of the interned person and his or her counsel for consultation at the office of the Social Protection Chamber or, if the interned person is in custody, at the office of the institution or, if admitted to a legal psychiatry centre, at the place provided for that purpose.
The board of the internee may, upon request, obtain a copy of the record.
The examining magistrate may, on the advice of the attending institution psychiatrist or psychiatrist, deny the interned person access to his or her file so clearly that access may seriously affect the health of the person.
§ 3. The Social Welfare Board hears the interned person and counsel and the Public Prosecutor's Office.
The interned person appears in person. She is represented by her counsel if medicopsychiatric questions are raised in relation to her condition and it is particularly detrimental to examine them in her presence.
If this is the non-compliance with the conditions imposed in the victim's interest, the victim is heard. The victim is present at the hearing the time required to review these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim may present his observations.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The Social Welfare Board may decide to hear other people as well.
§ 4. The Social Welfare Board makes its decision on revocation, suspension or revision within seven days of deliberation.
§ 5. The judgment shall be notified within twenty-four hours, by judicial fold, to the interned person and his counsel, and shall be notified in writing to the public prosecutor and the director of the institution or the house of justice.
The victim is informed, as soon as possible and in any case within 24 hours, by the fastest written means of communication, the revocation or suspension of the modality or, in the case of revision, of the conditions modified in his or her interest or the other modality granted.
§ 6. The judgment of revocation, suspension or review shall be communicated to the authorities and proceedings which, in accordance with Article 44 § 2, shall be notified.
§ 7. A decision to revoke, suspend or review by default is subject to opposition.
Section V.
Art. 65. In cases that may result in the revocation in accordance with section 59, the procurator of the King of the district in which the interned person is located or the procurator of the King near the court of the application of the competent penalties may order the provisional arrest of the interned person, in charge of giving immediate notice to the competent social protection chamber and, where appropriate, to the public prosecutor.
The competent social protection board shall decide on the suspension of the modality within seven working days after the incarceration of the interned person. This judgment shall be communicated in writing, within 24 hours, to the interned person and his counsel, to the Public Prosecutor's Office and to the Director of the Institution or House of Justice.
The suspension decision is valid for one month in accordance with Article 61, § 3.
CHAPTER V
Section I^re. - Conditions
Art. 66. Apart from the case provided for in section 42, § 2, the final release may be granted to the interned person:
(a) at the expiry of the trial period provided for in Article 42, § 1^er; and
(b) provided that the mental disorder that gave rise to the internment has improved sufficiently to ensure that there is no reasonable fear that, because of its mental disorder, the innate person is in a state of danger as it may commit serious offences or endanger the physical or mental integrity of third parties.
Section II. - The grant procedure
Art. 67. § 1^er. A month before the end of the trial period to which the release of the trial is subject in accordance with Article 42, § 1^er, the Social Welfare Chamber decides on the final release.
In order to make this decision, the Social Welfare Board shall, as necessary, carry out a new forensic psychiatric expertise meeting the requirements of Article 5, §§ 2, 4 and 5.
Three months prior to the end of the trial period, the Houses of Justice Department will provide the Social Welfare Board with a summary report, a copy of which is sent to the Public Prosecutor's Office.
Two months before the end of the trial period, the Public Prosecutor's Office shall prepare a reasoned opinion, address the court of application of the sentences, and provide a copy to the person in question and counsel.
§ 2. The interned person and counsel are informed by judicial fold of the place, day and time of the hearing.
§ 3. The file shall be held, for at least four days before the date fixed for the hearing, at the disposal of the intervening person and his counsel for consultation with the court's office of enforcement of sentences.
The interned person may, upon request, obtain a copy of the record. The board of the interned person may also, upon request, obtain a copy of the record.
§ 4. The examining magistrate may, on the advice of the psychiatrist of the institution, deny the person concerned access to his or her file if manifestly such access may seriously affect the health of the institution.
Art. 68. The Social Welfare Board shall hear the interned person and counsel, as well as the Public Prosecutor ' s Office, and if applicable the victim.
The interned person appears in person. She is represented by her counsel if medicopsychiatric questions related to her condition are posed and it is particularly detrimental to examine them in her presence.
The victim is present at the hearing the time required to review these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim may present his observations.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The Social Welfare Board may decide to hear other people as well.
Art. 69. The hearing is closed.
Art. 70. The Social Welfare Board may issue the examination of the case once to a subsequent hearing, without the hearing being held more than two months after the delivery and without the completion of the trial period being exceeded.
Where applicable, the interned person remains subject to the conditions imposed on him or her until the decision of the social protection board was notified to him or her in accordance with section 75.
Section III. - The decision of the Social Welfare Board
Sub-section I^re. - General provision
Art. 71. The Social Welfare Board makes its decision on the final release within fourteen days of the deliberation.
Sub-section II. - The decision to grant
Art. 72. The decision to grant the final release puts an end to the internment.
Sub-section III. - Of the non-octroi decision
Art. 73. If the Social Welfare Board does not grant the final release, it extends the probation period, on the same conditions as previously, for a maximum of two years. It can renew this extension.
Art. 74. A month before the end of the extended probation period in accordance with Article 73, the Social Welfare Board shall decide in accordance with Articles 67 to 73 on the final release.
Sub-section IV. - Communication of the decision
Art. 75. § 1^er. The judgment shall be notified within twenty-four hours, by judicial fold, to the interned person and his counsel and shall be notified to the public prosecutor and the director in writing, if the interned person stays in an institution, or to the director of the courthouse.
The victim is informed as soon as possible and in any case within 24 hours, by the fastest written means of communication, the granting of the final release or the extension of the trial period.
§ 2. The decision to grant the final release or extension of the trial period is communicated to the following authorities and authorities:
1° the head of the local police in the commune where the interned person was established during the probation;
2° the national data bank referred to in section 44/4 of the Police Service Act of 5 August 1992;
3° the director of the courthouse responsible for exercising guidance.
TITRE V. - The simultaneous execution of an internment and a conviction to a custodial sentence
Art. 76. A person who suffers and a custodial sentence and an internment is placed in a federal institution designated by the Social Welfare Chamber.
The provisions of this Act shall apply to it.
Art. 77. The granting of leave of absence, leave, limited detention, electronic supervision and probation is only possible in accordance with the time conditions set out in Articles 4, 7, 23, § 1^er, 25 or 26 of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence.
In the event of a release to trial, the time limit to be set by the Social Welfare Chamber may not be less than the time limit to which the person, who would be subject exclusively to a custodial sentence, would be subject in accordance with Article 71 of the Law of 17 May 2006 on the External Legal Status of Convicted Persons and the rights recognized to the victim in the execution of the sentence.
PART VI. - The cassation case
Art. 78. The decisions of the Social Welfare Chamber relating to the granting, refusal or revocation of limited detention, electronic surveillance, release to trial, early release for the removal of the territory or the surrender and final release and the revision of the specific conditions related to the terms cited, as well as the final release and the decision to intervene a convicted person in accordance with title V,
Art. 79. § 1^er. The Public Prosecutor ' s Office and the counsel of the internated person, if any convicted, shall file a cassation within 48 hours of the notification of the judgment.
Cases are proposed in a memorandum to be sent to the Registry of the Court of Cassation no later than the fifth day after the date of appeal.
The appeals are filed by declaration at the court's office of enforcement of sentences.
§ 2. The file is transmitted by the court's court's office of enforcement of sentences to the Court of Cassation Registry within 48 hours of the cassation appeal.
§ 3. The appeal against a decision to grant a modality has a suspensive effect.
The Court of Cassation shall rule within thirty days of the cassation appeal, the execution of the decision being suspended.
Art. 80. After a decision of cassation with reference, a social protection chamber or another court of application of the otherwise compound penalties shall rule within fourteen days after the judgment is pronounced, the execution of the decision being during that time suspended.
PART VII. - Miscellaneous provisions. Modificative, abrogatory and transitional provisions
CHAPTER I^er. - Miscellaneous provisions
Art. 81. § 1^er. Jurisdictions may only decide on intervening applications with respect to persons who are assisted or represented by counsel.
§ 2. The Social Welfare Board and the Court of Cassation shall not rule in respect of an interned person unless they are assisted or represented by counsel.
Art. 82. The criminal and correctional prosecution provisions are applicable to the procedures set out in this Act, except for the exemptions it establishes.
Art. 83. With regard to the application of this Act, a consultative structure is created in which representatives of the SPF Justice, the judiciary, the SPF Public Health and the Communities sit. The purpose of this consultation structure is to meet regularly, both federally and locally, the bodies involved in the implementation of this Act in order to assess their collaboration. The King sets out the modalities for the composition and functioning of this structure of consultation.
A coordinator is appointed to each social protection chamber to facilitate the collaboration between Justice on the one hand, and the health care sector, on the other hand, as well as to develop any initiative to improve the care of internees.
Art. 84. § 1^er. The establishments approved by the competent authority, organized by a private institution, Community or Region, or by a local authority, which are in a position to provide appropriate care to the internees and have entered into a cooperation agreement within the meaning of Article 3, 5° concerning the application of this Act shall, in the case of an placement of an interned person, receive, for the administrative activities carried out in the framework of this Act, an allowance to the State of the The King sets the amount of the allowance and the terms of execution.
§ 2. The maintenance costs of persons who have been interned pursuant to section 9 and who, in accordance with section 19, stay in an establishment referred to in section 3, 4°, (d), are, under the conditions determined by the King, dependent on the person interned or on persons who owe them food. The King determines the costs that, in the event of insolvency, are borne by the federal State.
CHAPTER II. - Amendments
Section I^re. - Amendments to the Civil Code
Art. 85. In section 488bis, (d), of the Civil Code, inserted by the law of 18 July 1991 and replaced by the law of 3 May 2003, the following amendments are made:
1° to paragraph 3, the words "in the event of the final release of the interned person" are inserted between the words "of the Judicial Code" and the words "and in the event of death";
2° Paragraph 3 is supplemented by the following:
"The public ministry shall inform the justice of the peace of the final release of the interned person. ".
Art. 86. In article 1386bis of the same Code, inserted by the law of 16 April 1935, the words "When a person in a state of dementia, or in a serious state of mental imbalance or mental debility rendering him unable to control his actions" are replaced by the words "When a person with a mental disorder that severely abolishes or impairs his ability to discern or control his actions".
Section II. - Amendment of the Criminal Code
Art. 87. Section 71 of the Criminal Code is replaced by the following:
"There is no offence when the accused or the accused was at the time of the incident a mental disorder that has abolished or severely altered his ability to discern or control his actions or when he was forced by force to which he was unable to resist."
Section III. - Amendments to the Code of Criminal Investigation
Art. 88. In section 195 of the Code of Criminal Investigation, replaced by the Act of 27 April 1987 and amended by the Acts of 24 December 1993, 22 June 2005, 20 July 2005 and 17 May 2006, the following amendments are made:
1° Paragraph 6 is replaced by the following:
"If the judge imposes an effective custodial sentence or the internment, he shall inform the parties of the execution of this custodial sentence or of this measure and of any modalities for the execution of the sentence or of the internment. ";
2° in paragraph 7, the words "or internment" are inserted between the words "the execution of the sentence" and the words "on the terms".
Art. 89. s. 590 of the same Code, restored by the law of 8 August 1997 and amended by the law of 7 February 2003, the 4th is replaced by the following:
"4° the decisions of interning, granting or revocation of the release on trial or of the early release for the removal of the territory or for the surrender, and for the final release, taken under articles 9, 25, § 1^er, 28, 59 and 66 of the Act of 5 May 2014 relating to the internment of persons, as well as security measures in accordance with section 17 of the aforementioned Act; ";
Art. 90. An article 603bis is inserted in the same Code:
"Art. 603bis. It is established by the King a secure clinical observation centre or legal psychiatry centres where accused persons may be held in pre-trial detention for observation, in accordance with the Act of 20 July 1990 on pre-trial detention.
These indictees will be incarcerated in the observation section for the realization of a forensic psychiatric expertise with observation within the meaning of Article 6 of the Act of May 5, 2014 on the interment of persons. "
Section IV. - Amendments to the Judicial Code
Art. 91. In section 76 of the Judicial Code, the following amendments are made:
1° in paragraph 1^er, the words "bedrooms of the application of penalties" are replaced by the words "bedrooms of the application of penalties and social protection chambers";
2° in paragraph 4, inserted by the law of 17 May 2006, the words "as well as in penal institutions" are replaced by the words "as well as in correctional institutions, social defence institutions, legal psychiatry centres and care facilities";
3° the article is supplemented by a paragraph written as follows: "Social protection chambers may sit in any court of first instance established in the jurisdiction of the Court of Appeal, in penitentiary institutions, in social defence institutions and in all institutions where internees stay under the regime of placement or release on trial."
Art. 92. In article 77 of the same Code, the words "in the application of penalties" are replaced by the words "in the application of penalties and internment."
Art. 93. In section 78 of the same Code, the following amendments are made:
1° in paragraph 3, the word "bedrooms" is replaced by the words "bedrooms of the application of penalties";
2° between paragraph 3 and paragraph 4, a paragraph shall be inserted as follows: "The social protection chambers of the court of application of the penalties referred to in article 76, last paragraph, are composed of a judge, who presides over them, and two assessors in relation to the application of penalties or interference, one of whom specializes in social reintegration and the other is specialized in clinical psychology. "
Art. 94. In section 80bis, paragraph 2, of the same Code, the following amendments are made:
1° the words "in the application of penalties" are replaced by the words "in the application of penalties and internment";
2° the words "article 259bis-9, § 2" are replaced by the words "article 259sexies, § 1^er4°, 4°, 4,".
Art. 95. In section 89 of the same Code, the words "or assessors in the application of penalties" are replaced by the words "or assessors in the application of penalties and internment".
Art. 96. Section 91 of the Code, replaced by the Act of 3 August 1992 and amended by the Acts of 11 July 1994, 28 March 2000 and 17 May 2006, is supplemented by the following paragraph:
"In the matter of internment, the following cases are assigned to the President of the Social Protection Chamber of the Penal Enforcement Court, deciding as a single judge: - leave of exit, at the request of one of the parties or ex officio, as defined in Article 20 of the Law of May 5, 2014 on the interment of persons.
- the requests of victims referred to in Article 4, §§ 3 and 4, of the Law of 5 May 2014 on the Internship of Persons. ".
Art. 97. In Article 92, § 1^er, paragraph 2, of the same Code, inserted by the Act of 17 May 2006, the following amendments are made:
1° the words "In terms of enforcement of penalties" are replaced by the words "In terms of enforcement of penalties and internment".
2° the article is supplemented by a paragraph written as follows:
"In terms of internment, the cases are assigned to the chambers composed in accordance with section 78, paragraph 4.".
Art. 98. In Article 151, paragraph 2, of the same Code, the words "in application of penalties" are replaced by the words "in respect of the application of penalties and internment".
Art. 99. In Article 186 of the same Code, § 1^erParagraph 10 is replaced by the following:
"A law determines the framework of the magistrates and members of the court. However, the number of social advisers, social judges, assailants in the enforcement of sentences and internment is determined by the King.".
Art. 100. In section 196bis of the same Code, the following amendments are made:
1st paragraph 1^er is replaced by the following: "The assessors in respect of the application of specialised penalties and interning in the field of penitentiary, staffing and alternates, assessors in the application of specialised penalties and interment in social reintegration, staffing and alternate, and assessors in application of specialized penalties and internment in the field of clinical, effective and alternate psychology are appointed by the King";
2° in paragraph 2, the second dash is supplemented by the words "or its representative";
3° in paragraph 2, third dash, the words "Execution of Penalties and Measures" are replaced by the words "Penal Institution".
Art. 101. In section 196ter of the same Code, the following amendments are made:
1° the words "in the application of penalties" are replaced each time by the words "in the application of penalties and internment"; except in § 2, paragraph 1^er, where the words "Assisting functions in the application of effective penalties" are replaced by the words "The effective Assizer functions in the application of penalties and internment";
2° § 1^er is supplemented by a paragraph that reads as follows: "In order to be appointed as a assessor in terms of the application of penalties and specialized internment in clinical psychology, the candidate must meet the following conditions:
1° having at least five years of useful professional experience attesting to a practical knowledge of issues related to clinical psychology;
2° to hold a master's degree in psychological sciences;
3° be Belgian;
4° be at least thirty years old and not over sixty-five years old;
5° enjoy civil and political rights. "
Art. 102. In section 196quater of the same Code, the following amendments are made:
1° the words "in the application of penalties" are replaced each time by the words "in the application of penalties and internment";
2° in § 1^erthe second dash is supplemented by the words "or its representative";
3° in § 1^er, third dash, the words "Execution of the Penalties and Measures" are replaced by the words "Penal Institution".
Art. 103. In section 259sexies of the same Code, the following amendments are made:
1° the words "of the application of penalties" are replaced each time by the words "of the application of penalties and intercourse cases" and the words "in application of penalties" are replaced each time by the words "in respect of the application of penalties and "internation";
2° to § 1^er, 4°, for the last sentence, the words "in the framework of the formation of the magistrates, referred to in article 259bis-9, § 2" are replaced by the words "by the Judicial Training Institute";
3° to § 1^er, 5°, penultimate sentence, the words "in the framework of the formation of the magistrates, referred to in article 259bis-9, § 2" are replaced by the words "by the Judicial Training Institute".
Art. 104. In article 259s of the same Code, the words "of the application of penalties" are replaced each time by the words "of the application of penalties and intercourse cases" and the words "in application of penalties" are replaced each time by the words "in the application of penalties and interception".
Art. 105. In article 259decies, § 2, last sentence, of the same Code, the words "in application of penalties" are replaced by the words "in respect of the application of penalties and internment".
Art. 106. In article 288, paragraph 8, of the same Code, the words "in the application of penalties" are replaced by the words "in the application of penalties and internment".
Art. 107. In section 291, paragraph 1^er, in the same Code, the words "in application of penalties" are replaced by the words "in respect of the application of penalties and internence".
Art. 108. In section 300 of the same Code, the following amendments are made:
1° in paragraph 3, the words "Assessors in the application of actual penalties" are replaced by the words "Assessors in the application of penalties and internment";
2° in paragraph 4, the words "Assessors in the application of alternate sentences" are replaced by the words "Alternate assessors in the application of penalties and internation".
Art. 109. In article 304 of the same Code, the words "the assailant in the application of penalties" are replaced by the words "the assailant in the application of penalties and internment".
Art. 110. In section 312 of the same Code, the words "and assessors in the application of penalties" are replaced by the words "and assessors in the application of penalties and internment".
Art. 111. In section 314, paragraph 4, of the same Code, the words "in the application of penalties" are replaced by the words "in the application of penalties and internment".
Art. 112. In section 322, paragraph 4, of the same Code, the following amendments are made:
1° the first sentence is replaced by the following: "The assailant in the application of penalties and internment prevented is replaced by a assessor in the application of penalties and alternate internation. ";
2° in the second sentence, the words "in application of penalties" are replaced by the words "in application of penalties and internment".
Art. 113. In article 331, 8°, of the same Code, the words "and assessors in the application of penalties and internment," are inserted between the words "first instance" and the words ", without authorization.".
Art. 114. In section 355ter of the same Code, the following amendments are made:
1° to paragraph 1^er, first sentence, the words "in the application of penalties" are replaced by the words "in the application of penalties and internment";
2° in paragraph 3, the words "in application of penalties" are replaced by the words "in respect of the application of penalties and internment".
Art. 115. In article 408 of the same Code, the words "and assessors in the application of penalties" are replaced by the words ", assessors in the application of penalties and internment".
Art. 116. In Article 412, § 1^er, 1°, d) of the same Code, the words "in application of penalties" are replaced by the words "in application of penalties and internment".
Art. 117. In article 412, § 2, 1°, of the same Code, the words "in the application of penalties" are replaced by the words "in the application of penalties and internment".
Art. 118. In Article 415, § 2, of the same Code, the words ", and assessors in application of penalties" are replaced by the words ", assessors in the application of penalties and internment".
Art. 119. In article 635 of the same Code, restored by the law of 17 May 2006 and whose existing text will constitute § 1^erthe following amendments are made:
1° in § 1^erParagraph 1^er, the words "convicts" are replaced by the words "convicted to one or more custodial sentences";
2° the article is supplemented by a § 2 written as follows:
"Unless the exceptions provided by the King, the persons in question fall within the jurisdiction of the social protection chamber of the court of application of the penalties located in the jurisdiction of the court of appeal in which the court of investigation or judgment is located which ordered the interment.
If internments have been ordered in different jurisdictions, the jurisdiction is vested in the Social Protection Chamber of the Court of the application of sentencing where the most former active internment has been pronounced, provided that the interned person has not yet been released on a final basis.
However, if, for an interned person, the Social Protection Chamber of the Penal Enforcement Court considers, on an exceptional basis, that it is indicated to transfer jurisdiction to another Social Protection Chamber of the Court of the Application of Penalties, it makes a reasoned decision on the advice of that other Social Protection Chamber of the Court of the Application of Penalties rendered within fifteen days. ".
Section V. - Amendment to the Registration, Mortgage and Registry Rights Code
Art. 120. Section 162 of the Code of Registration, Mortgage and Registry Rights is supplemented by the following:
"48° acts and judgments relating to proceedings before the courts of detention and the courts of enforcement of sentences, as well as the judgements on appeal against a decision of the court of internment or the social protection chamber. "
Section VI. - Amendment of the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 121. Article 23bis, paragraph 3, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 17 May 2006, is supplemented by the following: or according to the language in which the judgment or ruling of the oldest ordinance ordering the internment was pronounced. "
Section VII. - Amendments to the Act of 23 May 1990 on the interstate transfer of convicted persons, the resumption and transfer of supervision of persons sentenced under condition or released on condition, as well as the resumption and transfer of execution of sentences and measures deprived of liberty
Art. 122. In section 8 of the Act of 23 May 1990 on the interstate transfer of convicted persons, the resumption and transfer of supervision of persons convicted under condition or released under condition, as well as the resumption and transfer of enforcement of penalties and custodial measures, as amended by the Act of 26 May 2005, the words "in chapter II of the Law of 9 April 1930 of Social Defence in respect of criminals and
Art. 123. Section 9 of the Act is replaced by the following:
"When the action taken abroad is the same as that provided for in Chapter II of Title III of the Law of May 5, 2014 on the Internship of Persons, the King's Prosecutor shall promptly seize the Social Protection Chamber of the Court of the Application of Penalties in which the interned person has his or her home or, if not, the Social Protection Chamber of the Jurisdiction in which the social care institution still has family ties or
Art. 124. In section 16 of the Act, inserted by the Act of 26 May 2005, the following amendments are made:
1° in the first sentence, the words ", the parole board or, if the measure imposed in the requesting state is the same as that provided for in chapter II of the Social Defence Act of 9 April 1930 with respect to abnormals and ordinary offenders, the social defence commission" are replaced by the words "or the parole board";
2° in the fourth sentence, the words ", the parole board or, if any, the social defence commission" are replaced by the words "or the parole board".
Art. 125. In Article 20, § 2, of the same law, inserted by the law of 26 May 2005, the words "in Chapter II of the Law of 9 April 1930 of Social Defence in respect of abnormals and ordinary offenders" are replaced by the words "in Chapter II of Title III of the Law of 5 May 2014 on the Internship of Persons".
Art. 126. Section 21 of the Act, inserted by the Act of 26 May 2005, is replaced by the following:
"When the action taken abroad is the same as that provided for in Chapter II of Title III of the Law of May 5, 2014 on the Internship of Persons, the King's Prosecutor shall promptly seize the Social Protection Chamber of the Court of the Application of Penalties in which the interned person has his or her home or, in the absence, the Social Protection Chamber of the Spring in which the institution still has family or social ties.
Art. 127. In section 26, 1°, of the same law, inserted by the law of May 26, 2005, the words "or conditional release" are replaced by the words ", parole or probation".
Section VIII. - Amendments to the Act of 26 June 1990 on the protection of the person of the mentally ill
Art. 128. In Article 1^er of the Law of 26 June 1990 on the Protection of the Person of Mentally Sick, as amended by the Law of 13 June 2006, the words "the Law of 1^er July 1964 of social defence in respect of abnormals and usually delinquents" are replaced by the words "the law of May 5, 2014 relating to the internment of persons".
Section IX. - Amendment of the Police Service Act of 5 August 1992
Art. 129. Article 19, paragraph 1^erthe Police Service Act of 5 August 1992, as amended by the Act of 7 December 1998, is replaced by the following:
"The police service shall monitor the persons in question to whom the enforcement court has granted one of the terms and conditions for the enforcement of the detention referred to in sections 20, 21, 23, 24, 25 and 28 of the Act of 5 May 2014 relating to the internment of persons. They also monitor compliance with the conditions that have been communicated to them."
Section X. - Amendment of the Act of 20 July 1990 on preventive detention
Art. 130. In article 27 of the Act of 20 July 1990 on preventive detention, a paragraph 2bis is inserted as follows:
"The provisional release may also be requested by the person who is deprived of his or her liberty at the time of his or her internment or whose immediate incarceration has been ordered on the occasion of the internment, in accordance with Article 10 of the Act of May 5, 2014 on the interment of persons provided that appeal, opposition or appeal in cassation has been formed against the decision of interment itself. ".
Section XI. - Amendment of the Act of 10 April 2014 amending various provisions to establish a national register of judicial experts and establishing a national register of jurified translators, interpreters and translators
Art. 131. In the Act of 10 April 2014 amending various provisions to establish a national register of judicial experts and establishing a national register of jurified translators, interpreters and translators, Chapter 4, which contains Article 19, is replaced by the following:
"Chapter 4. Amendment of the Act of May 5, 2014 on the Internment of Persons.
Art. 19. In Article 5, § 2, of the Law of May 5, 2014 on the Internment of Persons, the following amendments are made:
1st paragraph 1^er is supplemented by the words "and contained in the national register of judicial experts, in accordance with Article 991quater of the Judicial Code";
2° it is inserted between paragraph 1^er and paragraph 2, a new paragraph reads as follows:
"The psychiatric expertise may be carried out by an expert who does not appear in the national register in the cases and in the manner provided for in section 991decies of the same Code."
CHAPTER III. - Abrogatory provision
Art. 132. The Law of 9 April 1930 on Social Defence in respect of abnormalities, habitual offenders and perpetrators of certain sexual offences is repealed.
Art. 133. The Act of April 21, 2007 on the Internment of Persons with Mental Disorder is repealed.
CHAPTER IV. - Transitional provisions
Art. 134. § 1^er. Subject to the application of Article 135, § 4, the provisions of this Act shall apply to all cases in progress.
§ 2. Instruction or judgment courts may order an internment on the basis of an expertise that has already been carried out prior to the coming into force of this Act, unless they consider that this earlier expertise does not permit sufficient determination if the criteria referred to in section 9 are met.
Art. 135. § 1^er. At the time of the entry into force of this Article, all files of internated persons for which the social defence commissions are competent shall be registered on their own and without charge to the general role of the competent social protection chamber of the enforcement court.
§ 2. Pursuant to sections 66 to 75, the Social Protection Chamber of the Penal Enforcement Court shall rule within one year of the entry into force of this section on the records of persons detained for more than two years.
§ 3. The decision to intern convicted persons made by the Minister of Justice in accordance with section 21 of the Act of 1^er July 1964 of social defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences before this Act comes into force, remains valid.
Except for paragraph 1^er, section 135 applies to these interned convicts.
§ 4. The Director or Chief Medical Officer shall, in accordance with section 48, issue a notice not earlier than four months and no later than six months after the last decision of the Social Defence Commission.
If no notice has been issued six months after the last decision of the Social Defence Commission, the Public Prosecutor's Office shall refer the application of penalties to the court. "
§ 5. The internees who, at the time of the coming into force of this Act, are placed in an institution that is not recognized by the competent authority, may remain in the institution for one year after the coming into force of this Act.
§ 6. The deleted Higher Commission for Social Defence continues to function in cases where discussions are under way or pending.
§ 7. Any person who, prior to the entry into force of this section, is a victim of a crime or offence committed by an interned person may, in accordance with section 4, file a written request with the court of interment.
If a victim's file is available to the secretariat of the social defence committees, the information contained therein shall be forwarded to the court of internment in order to allow him to act in accordance with Article 4.
§ 8. The files are sent to the court's office of enforcement of sentences by the secretaries of deleted commissions.
§ 9. The King determines the conditions under which the archives of the deleted social defence commissions are entrusted to the courts which He designates and which may issue shipments, copies or extracts.
PART VIII. - Entry into force
Art. 136. With the exception of this section, which comes into force on the day of the publication of this Act to the Belgian Monitor, this Act comes into force no later than 1^er January 2016.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 May 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
(1) House of Representatives
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