Law On The Detention Of Persons (1)

Original Language Title: Loi relative à l'internement des personnes (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009316&caller=list&article_lang=F&row_id=600&numero=649&pub_date=2014-07-09&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-07-09 Numac: 2014009316 SERVICE PUBLIC FÉDÉRAL JUSTICE may 5, 2014. -Law on the detention of persons (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Provisions General Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. internment, as referred to in article 9 of this Act, persons with a mental disorder is a measure of safety intended both to protect society and to ensure that is provided to the interned person care required by his condition to his reintegration in society.
Given the risk to the safety and health of the interned person, it will be offer care she needs to lead a life consistent with human dignity. Such care must allow the interned person best reintegrate into society and are exempt - when indicated and feasible - through a journey of care so as to be adapted to the interned person.
S. 3. for the purposes of this Act, it has to be understood by: 1 ° the Minister: the Minister of Justice;
2 ° the Director: a) the officer of the local management of a prison or an institution or a section of social defence, organized by the federal authority.
(b) the person in charge, or the person designated by him, a center of forensic psychiatry or institution recognised by the competent authority, which is organized by a private institution, a community or a Region or by a local authority, which is able to provide appropriate care to the interned person and which has concluded an agreement of cooperation, as referred to in the 5th on the application of this Act;
3 ° the Chief Physician: the Chief psychiatrist or his replacement in a premises at 4 ° c) or 4 ° d);
4 ° the establishment: a) the psychiatric section of a prison;
(b) the establishment or section of social defence organized by the federal authority;
(c) the Forensic Psychiatry Center organized by the federal authority, designated by Decree deliberated in the Council of Ministers, on the proposal of the Ministers who were the Justice, health and Social Affairs in their attributions;
d) the institution recognised by the competent authority, which is organized by a private institution, a community or a Region or a local authority, which is able to provide appropriate care to the interned person and who has entered into a cooperation agreement, as referred to in the 5th on 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 so that the competent Minister for the policy on provision of care in these institutions, on the other hand, which sets the following aspects: the minimum number of internees that the establishment or establishments are ready to welcome in a placement profiles that can give rise to a placement and the procedure to be followed for placement;
6 ° the Board of social protection: the Chamber of the Court of enforcement of sentences exclusively competent for cases of internment, except where otherwise provided by the King;
7 ° the judge of internment: the judge president of the Chamber of the Court of enforcement of penalties exclusively competent for cases of internment;
8 ° the Crown: the Crown Court for the enforcement of sentences;
9 ° the victim: the following categories of persons who, in the cases provided by this Act, may request, in the case of a modality of execution, to be informed or heard according to the rules laid down by the King: has) the natural person which the civil action is declared admissible and well founded;
(b) the natural person for which there is a judgment or a judgment establishing that offences have been committed in his against, or guardian;
(c) the natural person who was unable to be civil, as a result of a situation of material impossibility or vulnerability;
(d) the next of kin of the person whose death is directly caused by the offence or the next of kin of a deceased person who had developed civil party; next of kin, it means the husband / wife of the deceased, the person with whom she cohabited and had a lasting emotional relationship, an ascendant or a descendant, brother or sister, someone else who depended on it;
(e) a relative of a victim not died that, subsequently to a situation of material impossibility or vulnerability, could not be civil; close, it means the husband / wife of the victim not died, the person with whom she cohabits and has a long-term emotional relationship, an ascendant or a descendant, brother or sister, someone who depends on it.
((Has the respect of persons falling within the categories referred to in c), d) and (e)), internment judge appreciate, at their request, in accordance with the provisions of title III, if they have direct and legitimate;
10 ° the emergency: a circumstance which is left to the discretionary decision House of welfare of the Court of the application sentences and relates to an application for modification or withdrawal of a modality whose deliberations must intervene immediately in the interest of security and/or reintegration of the person confined in society without summons or appearance of the parties;
11 ° order of cabinet: a decision of the single speaker of the House of social protection of the Court of the application of sentences, without notice or appearance of the parties.
TITLE II. -Provisions relating to victim art. 4 § 1. The persons referred to in article 3, 9 °, c), d) and (e)), which, in the cases provided by law, wish to be informed on the granting of a term of detention, be heard or do impose conditions for implementing rules, address a written request to the judge to internment at the Court of the application of the penalties established in the jurisdiction of the Court of appeal where the court statement or judgment ordered the internment.
The registry shall immediately send a copy of the application to the public prosecutor.
The public prosecutor shall deliver its opinion within seven days of receipt of the copy.
§
2. The persons referred to the § 1 may, at any time, to be represented or assisted by their Board. They may also be assisted by the representative of a public body or an association approved for this purpose by the King.
§ 3. If the judge of internment considers useful to be able to decide on the direct and legitimate interest, he may request the applicant to provide additional information here at a hearing. This hearing will be held at the latest one month after the receipt of the application referred to the § 1.
§
4. The detention judge decides on the direct and legitimate interest within fifteen days of the receipt of the application or, if a hearing has taken place, within fifteen days of the deliberate release. The decision is notified in writing to the applicant or to his Council and scope in writing to the attention of the public prosecutor.
§ 5. This decision is likely to no remedy.
TITLE III. -Of the judicial phase of the chapter I: internment. -Of psychiatric art.
5 § 1. When there are grounds for considering that a person is in a situation referred to in article 9, the Prosecutor, the investigating judge or the courts statement or judgement ordered a forensic psychiatric expertise or a psychological forensic to verify: 1 ° if, at the time facts and at the time, the person was suffering from a mental disorder which has abolished or severely impaired his ability of discernment or control his actions;
2 ° if there is a possibility of causal link between mental disorder and the facts.
3 ° If, because of mental disorder, possibly combined with other risk factors, the person may commit new offences;
4 ° a) if applicable, the person may be treated, followed, neat and in what way, for their reintegration in society;
(b) If, where prevention would focus on the matters referred to in articles 372-378 of the Criminal Code or of the facts referred to in articles 379-387 of the same Code, committed against minors or with their participation, it is necessary to impose a guidance or specialist treatment.
§
2. Forensic psychiatric expertise is carried out under the supervision and responsibility of an expert which satisfies the conditions laid down by article 2, § 1, of royal decree No 78 of 10 November 1967 on the practice of the professions of health care.
Expertise may also be performed by a college or with the assistance of other experts in behavioural sciences, always under the guidance of the supra expert.
In addition, the leader expert must be previously approved by the competent Minister or by his delegate.
Within six months from the entry into force of this section, the King determines the proposal for Ministers who have public health and Justice in their roles and responsibilities the conditions and the procedure of issuance of this approval. It determines the rights and obligations of accredited experts. It determines the sanctions that may be applied in the event of failure to comply with the conditions for approval.
Expertise before expert

the entry into force of the abovementioned conditions of approval remains valid.
In the context of its expertise, the expert must collect all information useful to the physician of the person concerned and, where appropriate, with other or previous psychiatric care it providers.
This consultation must take place in accordance with the applicable ethical framework.
§
3. Without prejudice to the possibility available to the applicant body to carry out a new expertise in accordance with the provisions of this Act, the expertise that have been made before the entry into force of the royal decree referred to in § 2, paragraph 4, are still valid.
The applicant body may request an update of expertise if it considers this necessary. This update provides the object of a report prepared by the expert, in accordance with the model laid down by the King.
§
4. From its findings, the expert wrote a detailed report, in accordance with the model laid down by the King.
§ 5. It is created within the federal public Service for public health, a cell of "extensive quality monitoring". This cell is to check whether the reports of the experts meet quality standards, on the form as in content, until they are transmitted to the tribunal, without calling into question the independence of the expert's decision.
§ 6. The expert collects hourly fees which are fixed in accordance with the rates determined in the nomenclature of health care for a session of a psychotherapeutic treatment of a certified physician.
S.
6 § 1. When there are reasons to believe that a person detained under the preventive detention Act of 20 July 1990 is located in a State referred to in article 9, the investigating judge and the courts statement or judgement may order that she undergo a forensic psychiatric expertise with quarantine.
In this case, they refer to the psychiatric section of the prison or the secure clinical observation centre established by the King, where the accused must be transferred for implementation observation.
§ 2. During the placement under observation in a psychiatric prison section or in the secure clinical observation centre established by the King, which may not exceed two months, the provisions of the pre-trial detention Act of 20 July 1990 shall remain applicable to the accused.
§ 3. At the end of the observation period, i.e. no later than at the expiration of the period referred to in § 2, when this period is terminated by decision of the judicial authority which ordered the placement under observation, the accused returned to a prison and remains detained under the arrest warrant, unless his confinement with immediate incarceration is ordered pursuant to section 10.
The quarantine ends if the arrest warrant lifted.
S. 7. the person who is the subject of a forensic psychiatric expertise may, at any time, to be assisted by a person or by a lawyer. It can also communicate in writing to the legal experts all relevant information for the expertise provided by the doctor or psychologist of his choice. This doctor or psychologist is informed of the aims of psychiatric expertise.
Judicial experts pronounce on these information before formulating their conclusions and join in their report.
S.
8 § 1. At the end of its work, the expert sends for reading to the Council of the accused and the Crown, its findings, which he already joined a provisional opinion. Unless a period only has been previously determined by the judge, the fixed expert a reasonable, given the nature of the case, in which the Council of the accused must comment. Unless otherwise decided by the judge or special circumstances covered by the expert in its provisional opinion, this period is at least fifteen days.
The expert receives the comments of the accused and, where appropriate, the expert appointed by it, before the expiry of this period. The expert takes no account of comments received after the expiry of this period.
§ 2. The final report is dated. II also contains the statement documents and the notes given by the Council of the accused to the experts as well as remarks y related. The report is, on pain of nullity, signed by the expert.
The signature of the expert is, on pain of nullity, preceded to read an oath: "I swear have completed my mission in honour and conscience, with accuracy and probity."
The day of the filing of the report, the expert sends, by registered mail or by e-mail, a copy of the report to the Council by the person examined.
CHAPTER II. -Judicial decisions of internment art. 9 § 1. The courts of instruction, unless it is of a crime or an offence regarded as a political or as a press offence offence, and the courts can order the detention of a person: has) who has committed an act classified as crime or offence punishable by a term of imprisonment; (and b) who, at the time of the judgment, is suffering from a mental disorder which abolishes or seriously impairs its ability of discernment or control of his actions, and (c)) for which there is a danger that it will commit new offences due to his mental disorder, possibly combined with other risk factors.
§ 2. The judge shall take its decision after has completed the forensic psychiatric assessment referred to in article 5, or after a previous expertise is refreshed.
S. 10. when the courts statement or judgement intern the accused or the accused, while it is not or more detained, they may, at the request of the Prosecutor, order his immediate incarceration if it is feared that the accused or the accused tries to evade the execution of the security measure or if it is feared that the accused or the accused represents a serious and immediate danger to physical or psychic of third parties or for himself.
This decision shall specify the circumstances of the case which justify this fear.
A separate debate should be devoted to making this decision, immediately after the verdict of internment.
The accused or the accused and his counsel are heard if they are present. These decisions are not susceptible of opposition or appeal.
S. 11. If, at the point where detention is ordered, the accused or the accused is detained or if the judge orders the internment with immediate incarceration of a person charged or accused, detention takes place on an interim basis in the psychiatric section of a prison.
S.
12. the courts statement or judgement, order separate and motivated, leave or release him may or may not meet one or more conditions, a defendant or an accused who is in a situation of detention referred to in articles 10 and 11.
This order is not susceptible of opposition or appeal.
S. 13 § 1.
Where the Council or the indictments chamber is seized the requisition or demand for internment, it indicate, fifteen days at least in advance, in a special register kept at the registry, the place, day and hour of the appearance. This period is reduced to three days when one of the accused is in custody or was jailed immediately in application of article 10. The clerk warns, by fax or by registered letter to the position, the accused, the civil party and their advice, that the folder is placed at their disposal at the registry in original or copy and they can read and copy sunrise.
Similarly, the clerk also, warns on indications of the Crown, injured persons which are not yet brought are civil.
§ 2. The accused and the civil party may ask the investigating judge within the time fixed in the § 1, complementary training actions, in accordance with article 61quinquies of the Code of criminal procedure. In this case, the rules of the procedure is suspended. When the application has been definitively treated, case is again attached to the Chamber of the Council following the forms and deadlines in the § 1.
§
3. The Council Chamber statue on the report of the investigating judge, the Prosecutor, the civil party and the accused heard.
The civil parties may be assisted by a Council or be represented by him. The accused is always assisted by a Council. The Council Chamber may nevertheless order the personal appearance of the parties. This order is not subject to appeal. The order is served upon the party concerned, at the request of the Prosecutor, and carries summons on the date set. If the party does not appear, the Board of the Council shall decide and order is deemed contradictory.
When the Council Chamber shall take the issue under advisement for his order, it fixes the day of this announcement.
§ 4. The debates in the House of the Council take place behind closed doors and the pronouncement is public.
S. 14 § 1.
Judged by default parties or their counsel may oppose the decisions of the Board of the Council or of the Chamber of indictments in the manner provided for in articles 187, 188 and 208 of the Code of criminal procedure.
§ 2. The Attorney of the King and the parties or their Council may appeal the decisions of the Council Chamber to the indictments chamber.
The appeal is in the forms and time limits laid down in articles 203, 203bis and 204 of the Code of criminal procedure. It is formed by declaration at the registry of the Court,

except in the case referred to in article 205 of the Code of criminal procedure and article 1 of the law of July 25, 1893 relating to statements of appeal or appeal in cassation of the persons detained or interned.
§ 3. The debates in the House of indictments proceed behind closed doors and the pronouncement is public.
S. 15 § 1. It is clear from the discussions the Assize Court that the accused is suffering from a mental disorder that abolishes or alters severely its ability of discernment or control of his actions, or if the accused or his counsel so requests, the following subsidiary questions are asked of the jury: "Is it constant that the accused has committed an act classified as crimes or offences?", "is it common ground that the accused is suffering from a mental disorder that abolishes or alters severely its ability of discernment or control of" his actions? "."
§
2. If so, the Court and the jury decide on detention pursuant to section 9 of this Act and in article 334 of the Code of criminal procedure.
The judgment of the Court of Assizes sets out the reasons which led to the detention of the accused.
When it comes to a crime or a political offence or press, detention may be pronounced to the unanimity of the Court and jury.
CHAPTER III. -Fees, refunds and accessories security measures art.
16. where the detention is ordered, the accused or the accused is sentenced costs and, where appropriate, refunds. Special confiscation is pronounced.
S. 17 § 1.
Anyone is internal for acts referred to in articles 372 to 377, 377quater, 380ter 379, 381, 383-387, of the penal Code committed on a minor or with his participation, can, for a period of one year to twenty years, subject to a security measure whereby the jurisdiction of statement or judgment prohibits it: 1 ° to participate in any capacity whatsoever to education given in a public or private establishment which welcomes minors;
2 ° to party, as a volunteer member, statutory or contractual staff member or member of the bodies of administration and management, of any person moral or de facto association activity which concerns principally of minors;
3 ° to be assigned to an activity which places the individual as a volunteer member, statutory or contractual staff member or member of the bodies of administration and management of any legal entity or de facto association, relationship of trust or authority towards minors;
4 ° to dwell, reside or stand in the specific area designated by the competent judge. The imposition of this measure must be specially motivated and take account of the seriousness of the facts and the reintegration of the interned person capacity.
§ 2. The duration of the prohibition imposed by virtue of § 1 short from the day where the interned person was released permanently, or in the case of release to the test, from the day when it was imposed, for as much as it has not been reported.
The ban also has effect from the day where the contradictory or default Court which pronounced the ban becomes irrevocable.
§ 3. Any infringement of the provision of the judgment or the judgment pronouncing a ban pursuant to the § 1 shall be punishable by a prison term of one to six months and a fine of one hundred to thousand euros or one of those penalties only.
CHAPTER IV. -Of the civil action of victim art.
18 § 1. The jurisdictions of statement or judgment Statute on public action in application of this Act or article 71 of the penal Code; at the same time they decide on the civil action which they were regularly seized, in accordance with article 1386bis of the civil Code, as well as on costs.
§ 2. The courts statement or judgment can also book the civil interests, in accordance with article 4 of the preliminary title of the Code of criminal procedure.
TITLE IV. -For the execution of the judicial decisions of internment chapter I:. -Definition of the modalities of execution of detention and conditions y related Section Ire. -Placement and transfer art. ((19. placement is the decision by which the House of social protection designates, urgent or not, one of the plants referred to in article 3, 4 °, b), c) and (d)) in which the internment will be executed.
(The transfer is the decision by which the Board of social protection means, in a hurry or not, one of the establishments referred to in article 3, 4 °, b) and (c)) in which the interned person shall be transferred for reasons related to safety or appropriate care dispensed.
Section II. -By permission to exit and leave subsection Ire. -Definitions art.
20 § 1. Courtesy of exit allows the interned person to leave the establishment or imprisonment for a term which may not exceed 16 hours.
§
2. Furloughs may be granted to the person confined in order: 1 ° to defend interests emotional, social, moral, legal, family, therapeutic, training or professional that require his presence outside the institution;
2 ° to undergo an examination or medical treatment outside the facility;
3 ° to prepare its reintegration.
These furloughs may be granted with a fixed periodicity.
S. 21 § 1.
Leave allows the person confined to leave the establishment or prison for a period of one day to a minimum and seven days maximum per month.
§ 2. Leave has for objectives: 1 ° to preserve and promote contacts family, emotional and social of the person confined;
2 ° prepare rehabilitation or treatment of the person confined by allowing it to gradually reintegrate into society;
3 ° to allow the preparation of an outpatient or residential treatment program.
Subsection II. -Conditions art.
22. courtesy of exit and leave may be granted to each phase of the execution of the internment to the interned person who meets the following conditions: 1 ° there is not, in the head of the interned person, contraindications to which the fixing of conditions can respond. These contraindications concern: has) the risk that the interned person subtracts the execution of detention;
b) the risk that it will commit serious offences during these terms;
c) the risk that she accosts victims;
2 ° exit permission may be subject of accompaniment by a family member or a trusted person.
If the accompaniment by a family member or someone you trust is not possible, permission to exit may be accompanied by the accompaniment by a member of the staff of the establishment, in consultation with said facility and its agreement;
3 ° the interned person agreed to the conditions that may be attached to the permission of exit or leave under articles 36 and 37.
Section III. -Detention limited, electronic surveillance and release subsection Ire test. -Definitions art.
23 § 1. Limited detention is a modality of executing a detention decision that allows the interned person to leave, on a regular basis, the establishment or prison for a maximum of 14 hours per day.
§ 2. Limited detention may be granted to the person confined to therapeutic, professional training or family interests that require his presence outside the institution.
S. 24. the electronic surveillance is a modality of execution of a detention decision whereby who interned undergoes the security measure has been imposed outside the facility, according to a specific plan, whose compliance is controlled through electronic means.
S. 25 testing release is a modality of execution of the detention decision whereby the interned person undergoes the security measure that has been imposed as part of a residential or outpatient care trip, subject to the conditions imposed upon him during the test period.
Subsection II. -Conditions art. 26. the detention limited, electronic surveillance and the release to the test can be granted to the interned person who meets the following conditions: 1 ° there is not, in the head of the interned person, contraindications to which the fixing of conditions can respond. These contraindications relate to: a) the lack of prospects for the social rehabilitation of the interned person;
(b) insufficient improvement of mental disorder which is reached the interned person, unless this modality is specifically designed to allow him to follow an outpatient or residential treatment program adapted;
c) the risk that it will commit serious offences;
d) the risk that she accosts victims;
e) the attitude of the person confined to the victims of the events that led to his detention;
(f) the refusal of the person confined to follow guidance or treatment deemed necessary for it, or its inability to do so, where the person concerned has been detained for acts referred to in articles 372-378 of the Criminal Code, or for matters referred to in articles 379-387 of the Penal Code if they have been committed against minors or with their participation;
g) the efforts made by the person inernee to compensate the civil party, taking into account the patrimonial situation of the interned person

It has evolved through its made since the facts for which she was interned.
2 ° the interned person agrees to the conditions which may be attached to limited detention, electronic monitoring and release test under articles 36, 37 and 40.
S. 27. the limited detention, electronic surveillance and the release to the test may be granted at each phase of the execution of detention.
Section IV. -The release early for the purpose of removal from the territory or to the Art. rehabilitation 28 § 1.
Release anticipated for the purpose of removal from the territory or to the rehabilitation is a modality of interned persons for which a final decision been made establishing that they have no right to stay in Belgium. These are placed at the disposal of a foreign jurisdiction or their willingness to leave the country were noted. This modality may be granted provided there is no contraindication in the head of the interned person. These contraindications relate to: 1 ° the insufficient possibilities for the person confined to housing.
2 ° insufficient improvement of mental disorder which is reached the interned person, unless this modality is specifically designed to follow an outpatient or residential treatment program adapted;
3 ° the risk that it will commit serious offences;
4 ° the risk she accosts victims;
5 ° the efforts made by the person confined to compensate the civil party, taking into account the patrimonial situation of the person confined as it has evolved by common-law since the facts for which she was interned.
§ 2.
the interned person agrees on the conditions that are attached to the release early to the remoteness of the territory or remission under articles 36 and 37.
CHAPTER II. -The General procedure for placement, transfer, for permission to exit, leave, limited detention, electronic monitoring, release to test and release early for removal from the territory or to the Rehabilitation Section Ire. -Of the first hearing art. 29 § 1. Seizes the Crown about the Court which ordered the detention, within two months following the judgment or the cessation of internment in res judicata, the House welfare to designate the institution where the detention is to be executed or to the granting of another modality of execution, in accordance with articles 20, 21, 23, 24, 25 and 28.
The Crown enters the Chamber of social protection of the case by ordinary mail; the registry acknowledged. The criminal case which gave rise to the internment is attached to this email.
The Crown near the Court which delivered the judgment or the judgment gained res judicata also, takes in the month following the acquisition of force considered decision, the service of the houses of justice for the purposes of contact known victims, his designate in the referral.
§ 2. The examination of the case takes place at the first useful hearing of the House of social protection. This hearing must take place no later than three months after that the judgment or the judgment of internment happened in res judicata.
§
3. The record, established by the Crown, contains at least the judgment or the judgment of internment, the statement of facts, an extract from the criminal record, expertise reports and, where applicable, the sheet (s) of the victim or victim impact statements.
The public prosecutor issues a first written opinion in relation to the execution of the internment.
The Crown complete the record by a report from the psycho-social service of the prison, if the interned person is in detention, or by a short information report or a social survey of the Service of the houses of justice, if the interned person is not in custody.
The content of this report summary information and this social survey is set by the King.
The Crown also joined the record the opinion of the Director of the establishment referred to in article 3, 4 ° a) and b), or the Chief Medical Officer of the institution referred to in article 3, 4 ° c) and d), in relation to the execution of the internment.
§
4. The interned person, its Board and, where appropriate, the victim shall be informed by judicial fold;
the Director of the establishment, if the interned person is in custody, or the Chief Medical Officer of the institution referred to in article 3, 4 °, c) and (d)), if the interned person was admitted to a facility, are informed in writing of the day, time and place of hearing.
§ 5. The folder is required for at least four days before the date fixed for the hearing, at the disposal of the interned person and his Council for consultation at the registry of the Board of social protection or, if the interned person is detained at the registry of the establishment. The judge of detention may, on advice of the psychiatrist of the establishment or the psychiatrist, deny access to his file by a substantiated order interned person it is clear that this access can seriously harm the health of it.
The Council of the interned person may, at his request, a copy of the folder.
S. 30. the House of social protection means the interned person and his Council, the public prosecutor and, if the interned person is detained, the Director of the prison or his delegate and a member of the psycho-social service of the prison. (If the interned person is not in custody, the House of social protection means the Chief Medical Officer of the institution referred to in article 3, 4 °, c) and (d)), or its delegate.
The interned person to appear in person. She is represented by counsel when medicopsychiatriques questions in relation to its State are asked and it is particularly damaging to consider them in his presence.
The victim is heard, at his request, on specific conditions to impose in its interest. The victim is present at the hearing the time required for the review of these conditions.
The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit its observations.
The victim may be represented or assisted by counsel and may be assisted by the representative of a public body or an association approved for this purpose by the King.
The House of social protection may decide to hear also others.
S. 31. the hearing is held in camera.
S. 32. the Chamber of social protection can return once the examination of the case at a later hearing, unless this hearing can take place more than two months after the delivery.
The House of social protection may also order, by reasoned order, a further psychiatric examination meets the conditions set out in article 5, § 2, 4 and 5.
S. 33. the House of social protection makes its decision within fourteen days of the deliberate implementation.
S. 34. While the enforcement court takes a decision of placement or transfer, it determines in what the interned person shall be transferred. Hotel is chosen either institutions or sections of social defence organized by the federal authority, either among the centres of forensic psychiatry organized by the federal authority, appointed by the King, or with the terms defined in the agreement of cooperation among institutions approved by the competent authority, which are organized by a private institution, a community or a Region or by a local authority and are able to provide proper care to the interned person and who have concluded a cooperation agreement within the meaning of article 3, 5 °, on the application of this Act.
This modality may impose individualized conditions referred to in article 37.
S. 35. the House of social protection may grant another modality of execution than that laid down in article 34 where it finds that all the conditions laid down by law are met, and if the interned person agreed to conditions imposed.
S. 36. the judgment of grant of the modality of execution (permission to exit, leave, limited detention, electronic monitoring, release to test or early release to the remoteness of the territory or remission) specifies that the interned person is subject to the following terms and conditions: 1 ° do not commit offences;
2 ° except for exit permission and limited detention, have an address fixed and, in the event of change of address, promptly address of his new residence to the public prosecutor and, where appropriate, to the assistant of justice guidance;
3 ° response to the summons of the Crown and, where applicable, of the justice assistant guidance.
S. 37. in the case of the granting of the procedures referred to in articles 34 and 36, the House of social protection may submit the person confined to individualized special conditions which correspond to the circuit of planned care or contra-indications referred to in articles 22, 26 or 28, or which are necessary in the interests of the victims.
If the interned person is the subject of a measure of security referred to in article 17, said a measure of security is, in the case of release to the test, imposed ex officio for the duration of the test period.
S.

38. in the case of the grant of one or more furloughs, the House of social protection determines the duration and, where applicable, periodicity, as well as purpose or content.
S. 39. in the case of the granting of leave, the House of social protection determines the number of days of leave as provided for in article 21, the interned person can benefit.
S. 40. in the case of the granting of a limited detention, electronic surveillance or release to the test, the Chamber of social welfare may, if the interned person undergoes the security measure of detention for any of the facts referred to in articles 372-378 of the Criminal Code, or for the matters referred to in articles 379-387 of the same Code, if they have been committed on the person of minors or with their participation impose the condition follow a guidance or treatment from a specialized service in the guidance or treatment of sex offenders.
When the House of social protection does not follow the opinion of expertise provided by article 5, § 1, 4 °, b), or the opinion of the service or the person specializing in diagnostic expertise of sexual offenders, as provided for by article 48, § 1, 7 °, in fine, it makes a specially reasoned decision.
S. 41 § 1. In the case of limited detention or electronic monitoring, House of social protection determines the program.
The wizard of justice or, where appropriate, the national Centre of electronic surveillance is responsible for concretely define the modality of execution granted in accordance with the rules laid down by the King.
§ 2. The House of social protection determines the number of days of leave the interned person can benefit each month during the limited detention or electronic monitoring.
§ 3. In the case of limited detention and electronic surveillance, the Court of the application of the penalties also sets the period for which this modality is granted. This period shall be six months and may be extended once for a period of up to six months.
§ 4. Fifteen days before the end of the period provided for in § 3, the Court of enforcement of sentences pronounced on the extension of the granted mode or the conversion of the detention measure limited to a measurement of electronic surveillance.
The interned person and his Board, the Director, if the interned person limited detention, and the victim are informed by judicial letter of the place, day and time of the hearing.
The folder is required for at least two days before the date fixed for the hearing at the disposal of the interned person and his Council for consultation at the registry of the Court of the application of punishments or, if the interned person is in detention limited to the registry or to the secretariat of the hotel where she is staying.
The interned person may, at his request, a copy of the folder. The Council of the interned person can also, at his request, a copy of the folder.
On advice of the psychiatrist of the establishment, internment judge may refuse to the interned person access to his file if clearly this access can seriously harm the health of it.
§ 5. The House of social protection means the interned person and his Board, the Director, if the interned person is limited detention, and the Crown.
The interned person to appear in person. She is represented by counsel if medicopsychiatriques questions in relation to its State are asked and it is particularly damaging to consider them in his presence.
The victim is heard on the specific conditions that must be imposed in its interest. The victim is present at the hearing the time required for the review of these conditions.
The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit its observations.
The victim may be represented or assisted by counsel and may be assisted by the representative of a public body or an association approved for this purpose by the King.
The hearing is held in camera.
§ 6. The tribunal of the enforcement of sentences makes its decision within fourteen days of the deliberate implementation.
Article 44 shall apply.
§ 7. At the expiration of the period fixed in accordance with §§ 3 and 4, the Court of the application of the penalties grants the interned person release to the test.
§§ 4, paragraphs 2 to 5, and 5 shall apply.
Articles 42 and 44 shall apply.
S. 42 § 1. In case of release to the test, the interned person is subject to the terms and conditions and, where appropriate, the specific conditions for a renewable period of two years.
§
2. In the event of early release to the remoteness of the territory or remission, the interned person will be automatically freed permanently after two years, in accordance with articles 72 and 75.
S. 43. If the Chamber of social protection does not grant an execution modality referred to in articles 20, § 2, 3 °, 21, 23, 24, 25 and 28, it indicates in his judgment the date at which the interned person and his counsel may introduce an application and the date on which the Director of the establishment or the Chief Medical Officer of the institution referred to in article 3 (, 4 °, b, c) and (d), shall issue a new opinion.
This period may not exceed one year from the date of the judgment.
S.
44 § 1. The judgment or order is notified within 24 hours, by fold judicial, the interned person and his Council, and door to the knowledge of the public prosecutor and the Director of the institution in writing if the interned person is in custody, or the Chief of the establishment medical if the interned person was admitted in a facility referred to in article 3 ((, 4 °, c) and (d)), or the Director of the House of justice if the interned person is not in custody.
The victim is also informed, as soon as possible, and in any case within twenty-four hours, by means of the fastest written communication of the judgment and, where appropriate, the conditions imposed in the interests.
§ 2. The judgment for the granting of one or several of the conditions referred to in articles 20, 21, 23, 24, 25 and 28 is communicated by the Crown to the following bodies and authorities: 1 ° the head of the local police of the municipality where the interned person will be.
2 ° the Bank national database referred to in article 44/4 of the Act of 5 August 1992 on police function;
3 ° where appropriate, the Director of the House of justice of the judicial district of the place of residence of the interned person;
4 ° the national center of electronic surveillance, if the decision concerns the granting of electronic surveillance.
S.
45. the judgment for the granting of a condition referred to in chapter I of this title is enforceable from the date where it went in force of res judicata, unless the Board of social protection fixed another date.
Section II. -Of the modification of the decision art. 46 § 1.
If, between the time a decision granting an execution modality is taken by the House of social protection and the time where executed, there occurs a position incompatible with the mode itself or with the conditions laid down in this decision, the Board of social protection may, ex officio or at the request of the public prosecutor's Office, take a new decision , including the withdrawal of the modality which had been granted.
§ 2. The interned person and its Board and, where appropriate, the victim are summoned by fold judicial to appear before the House of social protection in the seven days following the finding of incompatibility. The summons by judicial fold suspends execution of the decision to grant the modality in question.
The Director or the Chief Medical Officer of the institution and, where appropriate, the victim are informed in writing of the place, day and time of the hearing.
§ 3. The procedure takes place then under articles 29, § 5, being understood that the period of consultation is limited to two days at least, 30, 31, 33, on the understanding that the House of social protection makes a decision within seven days, 44, §§ 1 and 2, and 45.
Section III. -Of the subsequent organization of internment s.
47 § 1. The welfare Chamber may pronounce the appropriateness or the need for a transfer, or the granting of another modality of execution provided for in articles 20, 21, 23, 24, 25 and 28, initiative - giving suite possibly an initiative emanating from a person —, at the request of the interned person and its Board, on application of the Crown, on advice of the Director of the establishment or the Chief Medical Officer of the institution within the meaning of article 3 (((, 4 °, b), c) and (d)) unless the Board of social protection has already set a deadline in accordance with article 43.
§ 2. Chaque_fois_qu' an initiative is taken in the sense of § 1, the registry of the Social Welfare Board shall, without delay, send a copy of the declaration of intent of the House of social protection, demand or notice to the Crown, to the Director of the establishment or the Chief Medical Officer of the institution within the meaning of article 3, 4 °, b), c) and (d)).
((If the initiative is taken by the head of the institution or by the Chief doctor of the institution within the meaning of article 3, 4 °, b), c) and (d)), it delivers without delay an opinion after hearing the interned person.
§ 3. The opinion of the Director of the establishment or the Chief Medical Officer of the institution

within the meaning of article 3, 4 °, b), c) and (d)) contains a proposal motivated for the granting or refusal of the transfer, and the procedures laid down in articles 20, 21, 23, 24, 25 and 28 and, where appropriate, the specific conditions that the person concerned considers it necessary to impose on the person confined.
S. 48 § 1.
The registry of the Board of social protection complements the record, established in accordance with article 29, paragraph 3 by the following: 1 ° if applicable, a recent copy of the nut plug;
2 ° a recent extract from the judicial record;
((3 ° the opinion of the Director of the establishment or the Chief Medical Officer of the institution within the meaning of article 3, 4 °, b), c) and (d));
4 ° a multidisciplinary psychosocial and psychiatric report recent;
5 ° if applicable, a recent report by the House of justice;
6 ° where appropriate, the Declaration (s) of victim and the new sheets of victim;
7 ° if the interested was interned for offences referred to in articles 372-378 of the Criminal Code or for acts referred to in articles 379-387 of the same Code, if they have been committed on the person of minors or with their participation, the opinion motivated appreciating the need to impose a guidance or treatment and written by a person or a service specializing in diagnostic sex offender expertise.
§ 2. ((A copy of the opinion of the Director of the establishment or the Chief Medical Officer of the institution within the meaning of article 3, 4 °, b), c) and (d)) shall be sent to the public prosecutor's Office and the Council of the interned person.
S. ((49 within one month of receipt of the opinion of the Director of the establishment or the Chief Medical Officer of the institution within the meaning of article 3, 4 °, b), c) and (d)), the public Ministry wrote a reasoned opinion, unless the initiative emanates from himself, which he sent to the House of social protection and that it communicates a copy to the Director of the establishment or the Chief Medical Officer of the institution within the meaning of article 3 , 4°. The registry of the Board of social welfare communicates a copy of the requisition or the opinion of the Crown Council of the interned person.
S. 50 § 1. The examination of the case takes place at the first useful hearing of the House of social protection after receipt of the notice of the public prosecutor. ((This hearing must take place no later than two months after receipt of the opinion of the Director of the establishment or the Chief Medical Officer of the institution within the meaning of article 3, 4 °, b), c) and (d)).
§
2. If the opinion of the public prosecutor is not released within the time limit laid down in article 49, the Crown must give its opinion during the hearing.
S. 51 § 1. The House of social protection can load the houses of justice service write a short information report or conduct a social investigation. The content of this report summary information and this social survey is set by the King.
§ 2. The House of social protection may also order, by a substantiated order, further forensic psychiatric examination meets the conditions laid down in article 5, § 2, 3 ° and 4 °.
S. 52. the remainder of the procedure takes place in accordance with articles 29, §§ 4-5, 30-45, and, where appropriate, 46.
S.
53 § 1. By way of derogation from the procedure laid down in articles 47 to 51, exit permission may also be granted by a cabinet order referred to in article 3, 11 ° at the request of the Crown or of the Director referred to in article 3, 2 ° of the physician Chief, referred to in article 3, 3 °, the interned person or its Board , or the victim as provided for in article 4.
In this case, articles 35, 36, 37, 38, 39, 43, 44, §§ 1 and 2, 45 and, where appropriate, 46 remain applicable.
§ 2. A written request to that effect to the Chairman of the Board of competent social protection; It is included in a register specially kept for the purpose in the registry of the Court of enforcement of sentences.
§ 3. Order is taken within five working days, without notice of the parties, after the entry in the above register.
The single speaker of the House of detention may declare, by reasoned decision, enforceable order by provision notwithstanding opposition.
The gate clerk Ordinance to the knowledge of the Prosecutor, of the applicant, the interned person and its Board and/or the victim referred to in article 4, by fax or by registered mail at the post office within 24 hours.
§
4. The applicant, the public prosecutor, the interned person and his counsel may oppose this order within five working days following the notification.
The opposition has suspensive effect, unless immediate execution has been ordered.
§ 5. In the event of opposition by the Crown or the interned person and his counsel, the case is fixed ex officio at the first useful hearing of the House of social protection, no later than within fourteen days following the emergency order.
The procedure then runs in accordance with articles 47, § 1st, 50, 51 and 52.
§ 6. In the absence of opposition or if it is not filed in due time, the order is deemed to be permanently contradictory.
S. 54 § 1.
Emergency, the House of social protection may order, by a substantiated order, in accordance with article 3, 10 ° and 11 °, the investment and the transfer of the interned person, courtesy of exit, leave, limited detention, electronic monitoring and release to the test.
§
2. An order cannot be taken into emergency, in accordance with article 3, 10 °, only at the request of the public prosecutor or the Director, referred to in article 3 (2), or the chief physician, referred to in article 3, 3 °, of the interned person and its Board, or the victim as provided for in article 4.
§
3. A written request to that effect to the Chairman of the Board of competent social protection;
It is included in a register specially kept for the purpose in the registry of the Court of enforcement of sentences.
§ 4. Order is taken within five working days, without notice of the parties, after the entry in the above register.
The House of social protection may declare, by reasoned decision, enforceable order by provision notwithstanding opposition.
The gate clerk Ordinance to the knowledge of the Prosecutor, of the applicant, the interned person and his lawyer and/or the victim referred to in article 4, by fax or by registered mail at the post office within 24 hours.
§ 5. The applicant, the public prosecutor, the interned person and his counsel may oppose this order within five working days following the notification.
The opposition has suspensive effect, unless immediate execution has been ordered.
§ 6. In the event of opposition from one or more parties, the case is fixed ex officio at the first useful hearing of the House of social protection, no later than within 14 days following the emergency order.
The procedure then runs in accordance with articles 47, § 1st, 50, 51 and 52.
§ 7. In the absence of opposition or if it is not filed in due time, the order is deemed to be permanently contradictory.
S. 55 § 1.
In the event of transfer of an interned person detained to prison surgical center or a hospital, in accordance with article 97 of the royal decree of 21 May 1965 on the general regulation of penitentiaries or article 93 of the law of 12 January 2005 on the prison administration as well as the legal status of detainees, the House of social protection is notified immediately by the management of the institution who can act if necessary as provided for in article 54.
§ 2. In the event of urgent transfer, for medical reasons, an interned person placed in a centre of forensic psychiatry to a surgical Center prison or a hospital, the Chamber of social protection is notified immediately by management or the Chief Medical Officer of the institution, which, if necessary, can act as provided for in article 54 for the duration of the treatment.
Section IV. -Of the special procedure for transfer art. 56. in the case of emergency and for reasons security, the Minister of Justice may order the temporary transfer of a person committed to staying in a federal institution to another federal establishment.
This decision is immediately brought to the attention of the House of social protection, which takes a final decision at the first useful hearing that follows, in accordance with articles 29, §§ 3, 4, 5, 30, 31, 33, 34, 44 and 45.
CHAPTER III. -Monitoring and control of the procedures referred to in articles 19, 20, 21, 23, 24, 25 and 28 s. 57 § 1. Without prejudice to the application of article 19 of the Act of 5 August 1992 on the function of police, the public prosecutor is responsible for the control of the person confined during the course of the procedures referred to in articles 20, 21, 23, 24, 25 and 28.
§ 2. The Director or the Chief of the establishment medical shall report to the House welfare on the progress of the placement or permission to exit granted with a fixed periodicity, it considers useful or if the House of welfare invited him. Where appropriate, the Director or the Chief Medical Officer of the institution proposes the measures it deems appropriate.
Communications between the Board of social welfare and the Director or the Chief Medical Officer of the institution give rise to reports, of which a copy is forwarded to the public prosecutor.
§ 3. The House of social protection can load the houses of justice service to assess the conduct of the leave.

This evaluation shall be communicated to the House of social protection in the form of a report, of which a copy is sent to the public prosecutor and the Director of the establishment.
§ 4. In the case of granting a limited detention, electronic surveillance or release to testing, the service of the houses of justice done report to the House of social protection on the conduct of the modality in the month of the granting of the latter, then whenever it considers it useful or that the Crown or the House of social protection there invites , and at least once every six months. Where appropriate, the houses of justice service offers the measures it deems appropriate.
Communications between the Board of social protection and service of the houses of justice give rise to reports, of which a copy is forwarded to the public prosecutor.
§ 5. If the granting of a term is subject to the condition to follow a guidance or treatment, the person or service that accepts the mission address the wizard of justice, within one month of the granting of the modality and whenever this person or this service it considers useful, at the request of the Board of social protection and at least once every six months a follow-up report on the guidance or treatment.
The report referred to in paragraph 1 covers the following points: the actual attendance of the person concerned in the proposed consultations, unjustified absences, the unilateral cessation of guidance or treatment by the person concerned, the difficulties in the implementation of these and situations with a serious risk to third parties.
§
6. The Crown shall report every six months in the House of welfare on parole early to the remoteness of the territory or remission.
S. 58 § 1.
The interned person and counsel, the Crown and the Director or the Chief Medical Officer of the institution may ask the House of social protection to suspend one or more conditions imposed, clarifying or adapting to circumstances, without however strengthen or impose additional conditions.
The written application is lodged at the registry of the Board of social protection.
The registry of the Social Welfare Board shall promptly transmit a copy of the written request to the other parties.
If it comes to conditions imposed in the interests of the victim, a copy of the application is also transmitted to the victim without delay.
§ 2. If they have notes, the interned person and his counsel, the Crown, the Director or the Chief Medical Officer of the institution and, where appropriate, the victim communicate in writing, within seven days of receipt of the copy, to the House of social protection.
§ 3. The House of social protection must request all useful complementary information to the establishment or the House of justice and takes a reasoned decision, unless it considers that an adversarial hearing should be organised without delay.
The institution must provide the information available to it in the form of a reasoned report. This report shall be prepared after consultation with the attending physician and, where appropriate, with other or previous psychiatric care of the interned person providers. This consultation must take place in accordance with the applicable ethical framework.
§ 4. If the House of social protection considers it useful to be able to take a decision on the suspension, precision or adaptation, in accordance with the § 1 conditions imposed, it may hold a hearing to gather more information on this subject. This hearing must take place no later than one month after receipt of the written request referred to the § 1. The interned person and counsel so that the public prosecutor are heard. The interned person appear in person, except in the case referred to in article 57, § 6. She is represented by counsel if medicopsychiatriques questions in relation to its State are asked and it is particularly damaging to consider them in his presence.
The Council of the interned person may, at his request, a copy of the folder.
If it comes to conditions imposed in the interests of the victim, it can be heard.
The victim is present at the hearing the time required for the review of these conditions. The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit its observations. The victim may be represented or assisted by counsel and may be assisted by the representative of a public body or an association approved for this purpose by the King.
The House of social protection may decide to hear also others.
The hearing is held in camera.
The House of social protection makes its decision within fourteen days of the deliberate implementation.
§
5. The judgment on the suspension, precision or adaptation, in accordance with the § 1, imposed conditions is notified by judicial interned person and his Council fold, is worn, as quickly as possible and in any case within twenty-four hours, by means of communication written fastest, to the knowledge of the victim if it comes to conditions imposed in its interest and is brought to the knowledge of the Department in writing public and the Director or the chief physician of the establishment or the Director of the House of justice.
Changes are also reported to the authorities and bodies referred to in article 44 § 2.
CHAPTER IV.
-Of revocation, suspension and revision of terms referred to in articles 19, 20, 21, 23, 24, 25 and 28 Section Ire. -Of revocation art. 59. the public prosecutor may, in the following cases, seize the House of social protection for the revocation of the granted mode: 1 ° if it is found, in a decision passed in force of res judicata, that the interned person has committed an offence or a crime during the course of the modality which has been granted;
2 ° If the interned person is seriously jeopardizing his own physical or psychological integrity or that of third parties;
3 ° if special conditions imposed are not complied with;
4 ° If the interned person does not respond the summonses issued by the Chamber of social protection, the public prosecutor or, where appropriate, the wizard of justice;
5 ° If the interned person does not communicate a change of address to the Crown and, where applicable, the wizard of justice responsible for guidance;
6 ° where there is reason to believe that the interned person's mental condition has deteriorated so that the given modality is more timely.
7 ° if the interned person does not respect the program of the concrete contents of limited detention or electronic surveillance, as determined in accordance with article 41.
S. 60 § 1. In the event of revocation of the release to the test or electronic surveillance, the interned person is immediately placed in a facility designated by the Board of social protection.
In the event of revocation of another modality, it is immediately put an end to its execution.
§ 2. En_cas_de revocation of a modality, the House of fixed social protection period, referred to in article 43, in which the interned person and his Council can introduce an application or the date on which the Director of the establishment or the Chief of the establishment medical referred to in article 3, 4 °, b), c) and (d)), must issue a new notice.
((The Director or the Chief Medical Officer of the institution referred to in article 3, 4 °, b), c) and (d)), must, when they draft their report, consult with the doctor treating and, where appropriate, with other or previous psychiatric care of the individual providers. This consultation must take place in accordance with the applicable ethical framework.
Section II. -Of the art suspension 61 § 1.
In the cases referred to in article 59, the Crown can enter the House of social protection for the suspension of the granted mode.
§ 2. In the event of suspension of the release to the test or electronic surveillance, the interned person is immediately placed in a facility designated by the Board of social protection.
In the event of suspension of another modality, it is immediately put an end to its execution.
§ 3. Within a period of one month up from the judgment of suspension, the House of welfare revokes the modality or throws the suspension. In the latter case, the modality can be reviewed in accordance with the provisions of article 62. If no decision is reached within that time, initially granted mode resumes at the same conditions as previously.
§ 4. The House of social protection may, under the decision of suspension, grant exit permission or leave and act in accordance with the provisions of articles 35, 36, 37, 38 and 39.
Section III. -Of the article revision
62 § 1. If the Board of social protection, seized under section 59 or 61, considers that the revocation is not necessary in the interest of the interned person, society or the victim, it may review the modality. In this case, the House of social protection can strengthen the conditions imposed, impose additional conditions or grant another modality better adapted to the situation, in accordance with the provisions of articles 19, 20, 21, 23 and 24.
The modality is however revoked if the interned person does not mark its agreement on the new

conditions or the other mode best suited to the situation.
§ 2. If the House of welfare decides to strengthen the conditions imposed, impose additional conditions or give another modality best suited to the situation, it sets the time at which this decision becomes enforceable.
S. 63. If, in accordance with article 17, § 1, 4 °, the interned person is deprived of his right to dwell, reside or stand in the specific area designated by the competent court, the House of social protection takes a decision on the execution of this security measure. The House of social protection can adapt the terms or conditions of the security measure, reduce the length of the ban, suspend or terminate.
In this regard, the House of social protection takes into account contraindications on the risk that the interned person unwelcome victims.
Section IV. -Of the proceedings article
64 § 1. The Crown can enter the House of welfare for a revocation, suspension, or a review of the granted mode.
The examination of the case takes place at the first useful hearing of the House of welfare and at the latest within fifteen days of the referral.
The interned person and his Council as well as the victim are summoned by judicial fold at least five days before the date the assessment of the dossier.
The hearing is held in camera.
§ 2. The folder is required, at least four days before the date fixed for the hearing, at the disposal of the interned person and his Council for consultation at the registry of the Board of social protection or, if the interned person is in detention at the registry of the establishment or, if admitted in a forensic psychiatric Center, to the place designed for this purpose.
The Council of the interned person may, at his request, a copy of the folder.
The judge of internment may, on advice of the psychiatrist of the establishment or the psychiatrist, refuse the interned person access to his file if clearly this access can seriously harm the health of it.
§ 3. The House of social protection means the interned person and his counsel and the public prosecutor.
The interned person to appear in person. She is represented by counsel if medicopsychiatriques questions are raised in connection with its State and is particularly damaging to consider them in his presence.
If there is failure to comply with the conditions imposed in the interests of the victim, the victim is heard. The victim is present at the hearing the time required for the review of these conditions. The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit its observations.
The victim may be represented or assisted by counsel and may be assisted by the representative of a public body or an association approved for this purpose by the King.
The House of social protection may decide to hear also others.
§ 4. The House of social protection makes its decision on the revocation, suspension or revision within seven days of the deliberate release.
§
5. The judgment is notified within 24 hours, by judicial fold, the interned person and his Council and door written knowledge of the public prosecutor and the Director of the establishment or the House of justice.
The victim is informed, as soon as possible and in any case within twenty-four hours, by means of communication written faster, revocation or suspension of the modality or in the case of revision, conditions changed in his interest or the other modality that has been granted.
§ 6. The judgment of revocation, suspension or revision shall be communicated to the authorities and bodies which, in accordance with article 44 § 2, must be made aware.
§ 7. A judgment of revocation, suspension or default revision is likely opposition.
Section v - of provisional arrest art.
65. in cases which may give rise to the revocation in accordance with article 59, the Prosecutor of the King of the borough in which the interned person is or the procureur du Roi near the enforcement competent court may order the provisional arrest of the interned person to load immediately give notice to the Board of competent social protection and as appropriate, to the public prosecutor.
The House of competent social protection shall decide on the suspension of the modality within seven working days following the imprisonment of the interned person. This judgment is communicated in writing, within 24 hours, the interned person and counsel, the public prosecutor and the Director of the establishment or the House of justice.
The decision of suspension is valid for a period of one month, in accordance with article 61, paragraph 3.
Chapter V. - the final release Section Ire. -Environment articles
66. Apart from the cases provided for in article 42, § 2, the final release may be granted to the interned person: has) at the end of the test period provided for in article 42, § 1;
and (b) provided that the mental disorder that gave rise to the internment has improved enough so that there is reasonably more feared because of his mental disorder, the interned person is in a State of dangerousness as it can commit serious offences or endanger physical or psychic of third parties.
Section II. -Of the procedure for granting s.
67 § 1. One month before the end of the test period to which the release to test is subject pursuant to article 42 § 1, the House of social protection to decide on the final release.
To take this decision, the House of social protection made necessary realize new forensic psychiatric expertise satisfying the requirements referred to in article 5, § 2, 4 and 5.
Three months before the end of the test period, the houses of justice service communicates to the House of social protection a synthesis report, of which a copy is forwarded to the public prosecutor.
Two months before the end of the test period, the Crown wrote a reasoned opinion, address to the Court of enforcement of sentences and furnishes a copy of the interned person and his Council.
§ 2. The interned person and his counsel are informed by judicial fold of the place, day and time of the hearing.
§ 3. The folder is required for at least four days before the date fixed for the hearing, at the disposal of the interned person and his Council for consultation at the registry of the Court of enforcement of sentences.
The interned person may, at his request, a copy of the folder. The Council of the interned person can also, at his request, a copy of the folder.
§ 4. On advice of the psychiatrist of the establishment, internment judge may refuse to the interned person access to his file if clearly this access can seriously harm the health of it.
S. 68. the House of social protection means the interned person and his Council, as well as the public prosecutor, and if necessary the victim.
The interned person to appear in person. She is represented by counsel if medicopsychiatriques questions in relation to its State are asked and it is particularly damaging to consider them in his presence.
The victim is present at the hearing the time required for the review of these conditions. The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit its observations.
The victim may be represented or assisted by counsel and may be assisted by the representative of a public body or an association approved for this purpose by the King.
The House of social protection may decide to hear also others.
S. 69. the hearing is held in camera.
S. 70. the Chamber of social protection may return once the examination of the case at a later hearing, unless this hearing can take place more than two months after delivery and although the end of the test period may be exceeded.
Where appropriate, the interned person remains subject to the conditions imposed on him until the moment where the decision of the Board of social protection it has been notified in accordance with article 75.
Section III. -From the decision of the Board of social protection subsection Ire. -Available General s. 71. the House of social protection makes its decision on the final release within fourteen days of development under advisement.
Subsection II. -Of the decision to grant s. 72. the award of the final release decision puts an end to internment.
Sub-section III. -From the decision of renewing art. 73. If the Board of social protection does not grant the final release, it extends the period of test of the release to the test under the same conditions as before, for a period of up to two years.
It can renew this extension.
S. 74. one month before the end of the test period extended pursuant to article 73, the Board of social protection is pronounced in accordance with articles 67 to 73 on the final release.
Sub-section IV. -Of communication of the decision art.
75. § 1. The judgment is notified within 24 hours, by judicial fold, the interned person and to his Council and is writing to the attention of the public prosecutor and the

Director, if the interned person stays in a facility, or of the Director of the House of justice.
The victim is informed as soon as possible and in any case within 24 hours, by means of the fastest written communication, of the granting of the final release or the extension of the trial period.
§ 2. The judgment for the granting of the final release or extension of the trial period shall be communicated to the following bodies and authorities: 1 ° the head of the local police of the municipality where the interned person was established during the liberation to the test;
2 ° the Bank national database referred to in article 44/4 of the Act of 5 August 1992 on police function;
3 ° the Director of the House of justice responsible for exercising the guidance.
Title V. - simultaneous execution of detention and sentenced to deprivation of freedom article 76. a person who suffers and a deprivation of liberty and detention is placed in a federal institution designated by the Board of social protection.
The provisions of this Act apply.
S. 77. the granting of a permission to exit, leave, limited detention, electronic monitoring and release testing is possible in accordance with weather conditions laid down in articles 4, 7, 23, § 1st, 25 or 26 of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights of the victim under the modalities of execution of the sentence.
In case of release to the test, the period to be determined by the Board of social protection cannot be less than the time limit to test whereby the person who would suffer only a custodial sentence, would be submitted in accordance with article 71 of the law of 17 May 2006 relating to the external legal status of convicted persons and the rights of the victim in the context of the implementing of sentencing.
TITLE VI. -The appeal in cassation s. 78. the decisions of the Board of social protection relating to the granting, refusal or revocation of limited detention, electronic, from liberation until the test monitoring, early release for removal from the territory or of delivery and final release and the revision of the specific conditions relating to the mentioned terms as well as the final release and the confinement of a convicted person decision taken in accordance with title V, are likely to appeal to the Supreme Court by the public prosecutor and the convicted person.
S.
79 § 1. The Crown and the Council of the interned person, if the convicted person, appealed to the Supreme Court within 48 hours of the notification of the judgment.
Means of cassation are proposed in a memorandum which must reach the registry of the Court of cassation no later than the fifth day following the date of the appeal.
The appeals are introduced by declaration at the registry of the Court of enforcement of sentences.
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2. The file is forwarded by the registry of the Court of the application of the sentences at the registry of the Court of cassation within 48 hours of the appeal in cassation.
§ 3. An appeal in cassation against a decision granting a modality has suspensive effect.
The Court of cassation statue within thirty days of an appeal in cassation, the execution of the decision Meanwhile suspended.
S. 80. after a judgment of cassation with a reference, a welfare room or another court of the application of the penalties otherwise composed statue within the fourteen days of this judgment, execution of the decision are meanwhile suspended.
TITLE VII. -Miscellaneous provisions. Amending, repealing and transitional provisions chapter I. -Provisions various arts. 81 § 1. The courts can adjudicate requests for detention only in respect of the persons concerned who are assisted or represented by counsel.
§ 2. The House of social protection and the Court of cassation may decide with respect to a person interned as if they are assisted or represented by counsel.
S. 82. the prosecution in criminal and correctional matters shall apply the procedures laid down by this Act, except the derogations it establishes.
S. 83. concerning the application of this Act, it is created a dialogue structure within which sit representatives of the FPS Justice, of the judiciary, of the SPF public health and communities. This dialogue structure is to meet regularly, both at the federal level than at the local level, the bodies involved in the implementation of this Act to assess their collaboration. The King lays down rules relating to the composition and the functioning of this dialogue structure.
A coordinator is designated to each room welfare 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 support for the detainees.
S. 84 § 1. Establishments approved by the competent authority, organized by a private institution, a community or a Region, or by a local authority, who are able to provide appropriate care to the detainees and which have concluded a cooperation agreement within the meaning of article 3, 5 ° regarding the application of this Act are, in the case of a placement of an institutionalized person for administrative activities performed under this Act, an allocation from the budget of the federal State. The King fixed the amount of the allowance and the implementing rules.
§ 2. The maintenance costs of those who were interned in application of article 9 and who, in accordance with article 19, stay in a facility referred to in article 3, 4 °, d), are, in the conditions determined by the King, dependant of the interned person himself or people who owe them food. The King determines the costs which, in the event of insolvency, shall be borne by the federal State.
CHAPTER II.
-Provisions amending Section Ire. -Changes of the Code civil art.
(85 to article 488bis, d), of the civil Code, inserted by the Act of 18 July 1991 and replaced by the law of May 3, 2003, the following changes are made: 1 ° in paragraph 3, the words ", in the case of the final release of the person confined" shall be inserted between the words "of the Judicial Code" and the words "and in the case of death";
2 ° paragraph 3 is supplemented by the following: "the public prosecutor's Office informed Justice of the peace of the final release of the interned person.".
S.
86 article 1386bis of the Code, inserted by the Act of 16 April 1935, the words "where a person in a State of dementia, or in a serious state of mental disturbance or mental retardation making it unable to control his actions" are replaced by the words "when a person with a troubled mind that abolishes or alters severely its ability of discernment or control of his actions".
Section II. -Modification du Code penal Art. 87. article 71 of the Criminal Code is replaced by the following: "there is no offence when the accused or the accused was, at the material time, a mental disorder which has abolished or severely altered its ability of discernment or control his actions, or when he was forced by a force which could not withstand."
Section III. -Changes of the Code of criminal investigation article 88 in article 195 of the Code of criminal procedure, replaced by the law of April 27, 1987 and amended by the law of 24 December 1993, 22 June 2005, July 20, 2005 and may 17, 2006, the following changes are made: 1 ° paragraph 6 is replaced by the following: "If the judge decides an effective imprisonment or internment , it shall inform the parties of the implementation of this deprivation of liberty or of this measure and any procedures for execution of the sentence or detention. ";
2 ° in paragraph 7, the words "or internment" are inserted between the words "enforcement of the sentence" and the words "about the conditions".
S. 89 article 590 of the same Code, restored by the law of 8 August 1997 and amended by the Act of February 7, 2003, the 4th is replaced by the following: ' 4 ° decisions of internment, granting or revocation of release to the test or early for the purpose of removal from the territory or to the rehabilitation release " , and final release, taken pursuant to articles 9, 25, § 1, 28, 59 and 66 of the Act of May 5, 2014 the internment of persons, as well as the security measures accessories in application of article 17 of the above-mentioned law; ";
S. 90. a 603bis article is inserted in the same Code: "art. 603bis. it is created by King a secure clinical observation centre or centres for forensic psychiatry where accused persons may be placed in preventive detention for quarantine, in accordance with the law of 20 July 1990 on pre-trial detention.
These defendants will be incarcerated there in the section of observation to conduct a forensic psychiatric expertise with quarantine within the meaning of article 6 of the Act of May 5, 2014 the confinement of persons."
Section IV. -Changes of Code judiciary art. 91. in article 76 of the Code of judicial procedure, the following changes are made: 1 ° in the paragraph 1, the words "rooms of the enforcement of sentences" are replaced by the words "rooms of the application

"penalties and rooms of welfare";
2 ° in subparagraph 4, inserted by the law of May 17, 2006, the words "as well as in prisons" are replaced by the words "as well as in prisons, social defence establishments, centres of forensic psychiatry and care facilities";
3 ° article is supplemented by a paragraph worded as follows: "the boards of social protection may sit in any Court of first instance established within the jurisdiction of the Court of appeal, in prisons, in establishments of social protection and in all institutions where destitute persons remain under the regime of placement or release to test.".
S. 92. in article 77 of the Code, the words "in execution of sentences" are replaced by the words "enforcement of sentences and detention."
S.
93. in article 78 of the Code, the following changes are made: 1 ° to paragraph 3, the word "Chambers" is replaced by the words "rooms of the enforcement of sentences";
2 ° between paragraph 3 and paragraph 4, inserted a paragraph worded as follows: "the rooms of welfare of the Court of the application of the penalties referred to in article 76, last paragraph, consist of a judge who presides over, and two assessors enforcement of sentences or detention, of which one is specialised in social reintegration and the other is specialised in clinical psychology."
S. 94. in article 80bis, paragraph 2, of the Code, the following changes are made: 1 ° "in execution of sentences" are replaced by the words "enforcement of sentences and detention";
2 ° "article 259a-9, § 2," shall be replaced by the words "article 259sexies, § 1, 4 °, paragraph 4".
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95. in article 89 of the Code, the words "or assessors in execution of sentences" are replaced by the words "or assessors enforcement of sentences and detention".
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96. article 91 of the same Code, replaced by the law of 3 August 1992 and amended by law of 11 July 1994, 28 March 2000 and 17 May 2006, the following subparagraph is added: "for internment, the following cases are be attributed to the president of the Chamber of social protection of the Court of the application of punishments, acting as a single judge : - permission to release, at the request of one of the parties or ex officio, as defined in article 20 of the detention Act of May 5, 2014 people.
-applications of victims referred to in article 4, §§ 3 and 4, of the Act of May 5, 2014 the confinement of persons. "."
S. 97. in article 92, § 1, paragraph 2, of the same Code, inserted by the law of May 17, 2006, the following changes are made: 1 ° "enforcement of sentences" are replaced by the words "enforcement of sentences and detention".
2 ° article is supplemented by a paragraph worded as follows: "In detention, Affairs are attributed to Chambers in accordance with article 78, paragraph 4.".
S. 98. in article 151, paragraph 2, of the Code, the words "in accordance with the sentences" are replaced by the words "enforcement of sentences and detention".
S. 99. in article 186 of the Code, § 1, paragraph 10 is replaced by the following: "a law determines the framework of magistrates and members of the registry. However, the number of social counsellors, social judges, assessors in enforcement of sentences and detention is determined by the King. "."
S. 100. in article 196bis of the Code, the following changes are made: 1 ° 1st paragraph is replaced by the following: "specialized assessors enforcement of sentences and detention in prison matters, full and alternate, assessors enforcement of sentences and detention specializing in social rehabilitation, full and alternate, and assessors in accordance with sentences and detention specialized clinical psychology" full and alternate, are appointed by the King;"
2 ° in paragraph 2, the second indent is supplemented by the words "or his representative";
3 ° in paragraph 2, third indent, the words "Execution of sentences and measures" are replaced by "Institutions" prison.
S. 101. in article 196ter of the Code, the following changes are made: 1 ° "in execution of sentences" are each time replaced by the words "enforcement of sentences and detention";
except in § 2, paragraph 1, where "Functions of assessor pursuant to sentences effective" shall be replaced by the words "Functions of assessor for effective enforcement of sentences and detention";
2 ° the § 1 is supplemented by a paragraph worded as follows: "to be appointed assessor enforcement of sentences and detention specializing in clinical psychology, the candidate must meet the following conditions: 1 ° have at least five years of relevant professional experience certifying a practical knowledge of issues related to clinical psychology;"
2 ° be a master in psychological sciences;
3 ° be Belgian;
4 ° be at least thirty years old and have no more than sixty-five years;
5 ° enjoy civil and political rights."
S. 102. in article 196quater of the Code, the following changes are made: 1 ° "in execution of sentences" are each time replaced by the words "enforcement of sentences and detention";
2 ° in the § 1, the second indent is supplemented by the words "or his representative".
3 ° in the § 1, third indent, 'Execution of the sentences and measures' shall be replaced by the words "Institutions" prison.
S. 103. in article 259sexies of the Code, the following changes are made: 1 ° the words "enforcement of sentences" are each time replaced by the words "enforcement of sentences and detention cases" and "implementation of sentences" are each time replaced by the words "enforcement of sentences and" internment";"
2 ° to the § 1, 4 °, penultimate sentence, the words "in the context of the training of magistrates, referred to in article 259a-9, § 2" are replaced by the words "by the judicial training Institute";
3 ° to the § 1, 5 °, penultimate sentence, the words "in the context of the training of magistrates, referred to in article 259a-9, § 2" are replaced by the words "by the judicial training Institute".
S.
104. in article 259septies of the Code, the words "enforcement of sentences" are each time replaced by the words "enforcement of sentences and detention cases" and "in enforcement of sentences" are each time be replaced with the words "enforcement of sentences and detention".
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105. in article 259decies, § 2, last sentence, of the same Code, "in implementation of the penalties" shall be replaced by the words "enforcement of sentences and detention".
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106. in the article 288, paragraph 8, of the Code, the words "in accordance with the sentences" are replaced by the words "enforcement of sentences and detention".
S. 107. in article 291, paragraph 1, of the Code, the words "enforcement of sentences" are replaced by the words "enforcement of sentences and detention".
S. 108. in article 300 of the Code, the following changes are made: 1 ° in paragraph (3), 'Effective in enforcement of sentences assessors' shall be replaced by the words "Actual assessors in enforcement of sentences and detention";
2 ° in paragraph 4, the words "Alternate assessors in execution of sentences" are replaced by the words "alternate assessors enforcement of sentences and detention".
S. 109. in article 304 of the Code, the words "the assessor in execution of sentences" are replaced by the words""the assessor enforcement of sentences and detention".
S. 110. in article 312 of the Code, the words "and the assessors in execution of sentences" are replaced by the words "and the assessors on enforcement of sentences and detention".
S. 111. in article 314, paragraph 4, of the Code, the words "in accordance with the sentences" are replaced by the words "enforcement of sentences and detention".
S.
112. in article 322, paragraph 4, of the Code, the following changes are made: 1 ° the first sentence is replaced by the following: "the assessor in enforcing sentences and prevented internment is replaced by an assessor in enforcing sentences and alternate detention";
2 ° in the second sentence, the words "in accordance with the sentences" are replaced by the words "enforcement of sentences and detention".
S. 113. in article 331, 8 ° of the Code, the words "and the assessors on enforcement of sentences and detention," are inserted between the words "trial" and the words ", without permission.".
S. 114. in article 355ter of the Code, the following changes are made: 1 °-paragraph 1, first sentence, "in implementation of the penalties" shall be replaced by the words "enforcement of sentences and detention";
2 ° to paragraph 3, the words "enforcement of sentences" are replaced by the words "enforcement of sentences and detention".
S.
115. in article 408 of the Code, the words "and the assessors in execution of sentences" are replaced

by the words ", the assessors on enforcement of sentences and detention".
S. (116. in article 412, § 1, 1 °, d) of the same Code, the words "in execution of sentences" are replaced by the words "enforcement of sentences and detention".
S.
117. in article 412, § 2, 1 °, of the same Code, "in implementation of the penalties" shall be replaced by the words "enforcement of sentences and detention".
S. 118. in article 415, § 2, of the Code, the words ", and the assessors pursuant to sentences"are replaced by the words", the assessors on enforcement of sentences and detention".
S. 119. in section 635 of the same Code, restored by Act of 17 May 2006 and the existing text will be the § 1, the following changes are made: 1 ° in the § 1, paragraph 1, "the condemned" shall be replaced by the words "those sentenced to one or more custodial sentences";
2 ° article is supplemented by a paragraph 2 as follows: "except the exceptions provided by the King, interned persons fall within the competence of the Board of social protection of the Court of enforcement sentences located within the jurisdiction of the Court of appeal in which is located the statement or judgement Court which ordered the internment.
If the internments were ordained in different jurisdictions, jurisdiction is vested in the Board of social protection of the tribunal of the enforcement of sentences of the spring where the oldest active internment was pronounced, provided that the interned person had not yet been released outright.
However, if for one interned, the Board of social protection of the tribunal of the enforcement of sentences considers, exceptionally, it appropriate to transfer the jurisdiction to another Chamber of social protection of the tribunal of the enforcement of sentences, it takes a motivated decision with the assent of this other House of social protection of the tribunal of the enforcement of sentences made within fifteen days. "."
Section V. - Amendment of the Code of registration fees, mortgage and registry arts 120. article 162 of the Code of registration fees, mortgage and registry is completed by the following: "48 ° the acts and judgments relating to proceedings before judges of internment and the courts for the enforcement of sentences, so that judgments handed down on appeal in cassation against a decision of the judge of internment or the House of social protection."
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 May 17, 2006, is supplemented by the following: or depending on the language in which the judgment or the oldest judgment ordering the internment was delivered."
Section VII. -Amendments to the law of May 23, 1990 on the inter-State transfer of sentenced persons, the resumption and the transfer of supervision of conditionally sentenced conditionally or released conditionally and the resumption and transfer of execution of sentences and custodial measures art. 122. in article 8 of the law of May 23, 1990 on the transfer Interstate of sentenced persons, recovery and transfer of monitoring of persons sentenced under condition or conditionally released under condition as well as the recovery and transfer of execution of sentences and custodial measures, as amended by the Act of 26 May 2005, the words ' in chapter II of the Act of April 9, 1930, of social against the abnormal defense and " of habitual offenders"are replaced by the words 'in chapter II of title III of the Act of May 5, 2014 the confinement of persons".
S. 123. article 9 of the Act is replaced by the following: "when pronounced far abroad is the same nature that provided for in chapter II of title III of the Act, the Act of 5 may 2014 on the internment of persons, the prosecutor seized without delay Chamber of social protection of the tribunal of the enforcement of sentences in which the interned person is domiciled or" ", failing that, the House of social protection of the jurisdiction in which the person concerned still has family or social ties or wishes to make its social reintegration, it means the establishment which will take place the internment."
S. 124. in article 16 of the same Act, inserted by the law of 26 May 2005, the following changes are made: 1 ° in the first sentence, the words ", the Parole Board or, if the measure imposed in the requesting State is of the same nature than that provided for in chapter II of the Act of April 9, 1930, of defence of society against the abnormal and offenders usually ", the Social Defence Committee" shall be replaced by the words "or the Parole Board";
2 ° in the fourth sentence, the words ", the commission on parole or, where appropriate, the Social Defence Committee" shall be replaced by the words "or the Parole Board".
S. 125. in article 20, paragraph 2, of the Act, inserted by the law of 26 May 2005, 'in chapter II of the Act of April 9, 1930 of social defence against the abnormal and offenders usually"shall be replaced by the words 'in chapter II of title III of the Act of May 5, 2014 the confinement of persons".
S. 126. article 21 of the same Act, inserted by the Act of May 26, 2005, is replaced by the following: "where the pronounced measure abroad is the same nature that provided for in chapter II of title III of the Act of 5 may 2014 on the internment of persons, the prosecutor seized without delay Chamber of social protection of the tribunal of the enforcement of sentences in which the interned person is domiciled or, failing that, the House of social protection of the jurisdiction in which the person concerned still has family or social ties or wishes to make its social reintegration, it means the establishment which will take place the internment."
S. 127. in article 26, 1 °, of the same Act, inserted by the law of 26 May 2005, the words "or parole" are replaced by the words ", parole or release to the test".
Section VIII. -Changes of the Act of 26 June 1990 on the protection of the person of the mentally ill arts. 128. in article 1 of Act of 26 June 1990 on the protection of the mentally ill person, amended by the law of June 13, 2006, "the Act of 1 July 1964 of social defence against the abnormal and offenders usually" shall be replaced by the words "the Act of May 5, 2014 the confinement of persons".
Section IX. -Amendment of the Act of 5 August 1992 on the function of police s. 129. article 19, paragraph 1, of the Act of 1992 on the function of police 5aout, is amended by the Act of 7 December 1998 replaced by what follows: "police departments monitor the detainees to whom the Court of the application of punishments awarded one of the modes of execution of detention referred to in articles 20, 21, 23, 24 25 and 28 of the internment of persons act of May 5, 2014. They also control the compliance with the conditions provided for this purpose. "."
Section X.
— Amendment of Art. pre-trial detention Act of 20 July 1990 130. in article 27 of the law of 20 July 1990 on pre-trial detention, it is inserted a § 2A as follows: "provisional release may also be requested by one who is deprived of his liberty at the time of his detention or ordered immediate incarceration on the occasion of internment, in accordance with article 10 of the Act of 5 may 2014 relating to internment persons provided that call , opposition or appeal in cassation has been lodged against the internment decision itself. "."
Section XI. -Amendment of the Act of April 10, 2014 amending various provisions to establish a national registry of judicial experts and establishing a national register of translators, interpreters and translators-interpreters jurors s. 131. in the Act of April 10, 2014 amending various provisions to establish a national register of judicial experts and establishing a national register of translators, interpreters and translators-interpreters jurors, Chapter 4, which contains article 19 is replaced by the following: "Chapter 4" Modification of the internment of persons act of May 5, 2014.
S. 19. in article 5, § 2 of the internment of persons act of May 5, 2014, the following changes are made: 1 ° 1st paragraph is supplemented by the words "and contained in the national registry of judicial experts, in accordance with article 991quater of the Judicial Code";
2 ° it is inserted between the paragraph 1 and paragraph 2, a new subparagraph as follows: "the psychiatric assessment may be carried out by an expert who is not on the national register in the cases and manner provided for in article 991decies of the Code.".
CHAPTER III. -Provision repealing art. 132. the Act of April 9, 1930, of social defence against the abnormal, habitual offenders and certain sexual offenders is repealed.
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133. the Act of April 21, 2007 relating to the internment of people with a mental disorder is repealed.
CHAPTER IV. -Provisions transitional art. 134 § 1.

Subject to the application of article 135, § 4, the provisions of this Act shall apply to all cases pending.
§ 2. The courts statement or judgement may order a detention on the basis of expertise that was already made before the entry into force of this Act, unless they consider that this previous expertise does not allow to establish to a sufficient extent if the criteria referred to in article 9 are met.
S. 135 § 1. At the entry into force of this section, all internees folders for which the social defence committees are competent are registered ex officio and without charge to the general role of the House of competent social protection of the tribunal of the enforcement of sentences.
§ 2. In accordance with articles 66-75 the House of social protection of the tribunal of the enforcement of sentences statue within a period of one year from the entry into force of this section on the files of interned persons located in freedom to test since more than two years.
§ 3. The decision of detention of convicted persons taken by the Minister of Justice in accordance with article 21 of the Act of 1 July 1964 of social defence against the abnormal, habitual offenders and certain sexual offenders before the entry into force of this Act, remains valid.
With the exception of paragraph 1, article 135 shall apply to these internal convicts.
§ 4. The Director or the chief physician writes notice no earlier than four months and no later than six months after the final decision of the commission on social protection in accordance with article 48.
If no notice was issued six months after the final decision of the commission on social defence, the Crown enters the Court of enforcement of sentences."§ 5. Interned persons who, at the time of the entry into force of this Act, are placed in an institution that is not recognized by the competent authority, may remain placed for one year after the entry into force of this Act.
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6. The High Commission for social defence deleted continues to operate for business about which debates are ongoing or pending.
§ 7. Any person who, before the entry into force of this section, is a victim of an act classified as crime or offence committed by an institutionalized person may, in accordance with article 4, send a written request to the judge to internment.
If a record of the victim is available at the secretariat of the social defence committees, the information contained therein are transmitted ex officio to the judge to internment in order to act in accordance with article 4.
§ 8. Files are sent to the registry of the Court of the enforcement of sentences by the Secretaries of the committees deleted.
§ 9. The King determines the conditions to which the archives of deleted social defence committees are entrusted to the courts designated by him and may issue of shipments, copies or extracts.
TITLE VIII. -Entry into force art. 136. with the exception of this article, which shall enter into force the day of the publication of this Act in the Moniteur belge, this Act comes into force no later than 1 January 2016.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.dekamer.be) Documents: complete record 53-3527: 22 and April 23, 2014 Senate (www.senate.be) Documents: 5-2001 annals of the Senate: April 3, 2014