belgiquelex.be - Carrefour Bank of Legislation

5 MAI 2014. - An Act to Correct Several Justice Acts (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. In article 193bis of the Civil Code, inserted by the law of 14 November 1947, the words "article 46 of the law of 20 April 1810 on the organization of judicial order and the administration of justice" are replaced by the words "articles 138bis, § 1^erand 139 of the Judicial Code."
Art. 3. In article 531 of the same Code, the words "Civil Procedure Code" are replaced by the words "Judicial Code".
Art. 4. In the Dutch text of article 802, paragraph 1, of the same Code, replaced by the law of 10 October 1967, the word "schuldenaars" is replaced by the word "schuldeisers".
Art. 5. In the French text of article 983 of the same Code, the word "French" is replaced by the word "belge".
Art. 6. In article 1688 of the same Code, as amended by the Act of 15 December 1949, the words "Code of Civil Procedure" are replaced by the words "Code judiciaire".
CHAPTER 3. - Amendments to the Mortgage Act of 16 December 1851
Art. 7. In Article 1^er, paragraph 3, of the mortgage law of 16 December 1851, the words "article 1429" are replaced by the words "article 595, paragraph 2".
Art. 8. In section 59 of the Act, the words "sections 57 and 58" are replaced by the words "section 58".
Art. 9. In Article 117 of the same Law, the words "Civil Procedure Code" are replaced by the words "Judicial Code".
CHAPTER 4. - Amendments to the Criminal Code
Art. 10. In article 135bis, paragraph 2, of the same Code, inserted by the law of 20 July 1939, the words "; section 9 of the Act of 31 May 1888 is not applicable to such confiscation" are repealed.
Art. 11. In section 135quinquies of the same Code, inserted by the law of June 23, 1961, the words "in sections 135ter and 135quater" are replaced by the words "in section 135quater".
Art. 12. In Book II, Title III, of the same Code, the title "Common provision to the three preceding chapters", before section 192, is replaced by the title "Special provision".
Art. 13. In Book II, Title III, of the same Code, the title "Common provisions to the four preceding chapters", before section 213, is replaced by the title "Common provisions to the five preceding chapters".
Art. 14. In article 214 of the same Code, the words "in the four chapters preceding" are replaced by the words "in chapters I^er to IV of this title".
Art. 15. In Article 430 of the same Code, replaced by the Act of 28 November 2000, the words "Article 428, §§ 3 to 5" are replaced by the words "Article 428, §§ 4 and 5".
Art. 16. In section 562 of the same Code, repealed by the law of 17 June 2004 and restored by the law of 20 July 2005, the words "sections 559 and 560" are replaced by the words "section 559".
Art. 17. In section 565 of the same Code, repealed by the law of 17 June 2004 and restored by the law of 20 July 2005, the words "the four chapters that precede" are replaced by the words "this title".
Art. 18. In section 566 of the same Code, repealed by the law of 17 June 2004 and restored by the law of 20 July 2005, the words "the four chapters that precede" are replaced by the words "this title".
CHAPTER 5. - Amendments to the Extraditions Act of 15 March 1874
Art. 19. In section 5bis, paragraph 2, of the Extraditions Act of March 15, 1874, inserted by the Act of June 28, 1889, the words "Article 47 of the Act of June 21, 1849" are replaced by the words "Article 78 of the Act of June 5, 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries".
Art. 20. In article 8 of the same law, the words "Articles 2 and 3 of the Act of 30 December 1836 on the Suppression of Crimes and Crimes Committed by Belgians Abroad" are replaced by the words "Articles 6 to 14 of the Act of 17 April 1878, contenting the preliminary title of the Code of Criminal Procedure".
Art. 21. The following amendments are made to section 10 of the Act:
1st words "Article 1^er the Act of 30 December 1836 is replaced by the words "the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Investigation";
2° the words "30 December 1836" are replaced by the words "17 April 1878".
CHAPTER 6. - Amendment of the Act of 25 August 1885 revising the law on redishibitrative defects
Art. 22. In section 6, paragraph 1, of the Act of 25 August 1885 revising the law in respect of remedial defects, replaced by the Act of 10 October 1967, the words "16 of the Civil Code," are repealed.
CHAPTER 7. - Amendment of the Act of 25 March 1891 on the suppression of provocation to commit crimes or offences
Art. 23. In Article 1^er, paragraph 2, of the law of 25 March 1891 on the suppression of provocation to commit crimes or offences, replaced by the law of 28 July 1934 and amended by the law of 26 June 2000, the words ", 534, 557, No. 6, § 2" are replaced by the words "and 534".
CHAPTER 8. - Amendments to the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances
Art. 24. Section 7 of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that may be used for the illicit manufacture of narcotic and psychotropic substances, replaced by the Act of 22 December 2003 and amended by the Acts of 12 April and 9 July 2004, are amended as follows:
1° to § 2, 2°, c, are made the following amendments:
(a) in the Dutch text, the words "die gegevens bevatten" are inserted between the words "gelijk welke andere informatiedrager" and the words "die ingevolge";
(b) in the Dutch text, the words "of zich deze kosteloos laten verstrekken" are inserted after the words "daarvan nemen";
2° in the Dutch text of § 3, paragraph 2, the word "verwittiging" is replaced by the word "waarschuwing".
Art. 25. In section 7bis of the Act, inserted by the Act of 22 December 2003 and amended by the Act of 9 July 2004, the following amendments are made:
1° in the Dutch text of § 2, paragraph 2, the words "met toezicht belaste de" are repealed;
2° to § 3, paragraph 1, are amended as follows:
(a) the words "of which they have" are inserted after the word "information";
(b) the words "acts, coins" are inserted between the word "all" and the word "books";
3° in the Dutch text of § 3, paragraph 1, the words "te laten nemen" are replaced by the words "ervan te verstrekken".
Art. 26. Article 12, § 1^erthe same Act, inserted by the Act of 22 December 2003 and amended by the Act of 12 April 2004, are amended as follows:
1° in the Dutch text of paragraph 2, the words "zal worden vermeld" are replaced by the words "zal worden opgesteld";
2° in the Dutch text of paragraph 5, the words "van het maximumbedrag" are inserted between the words "of som" and the words "worden verdubbeld".
CHAPTER 9. - Amendment of the Decree-Law of November 14, 1939 concerning the repression of drunkenness
Art. 27. In article 16 of the Decree-Law of November 14, 1939 on the suppression of drunkenness, the words "of section 155 of the law of June 18, 1869" are replaced by the words "of section 148 of the Judicial Code".
CHAPTER 10. - Amendment of the law of 1^er July 1964 social defence in respect of abnormals, habitual offenders and perpetrators of certain sexual offences
Art. 28. In section 5, paragraph 2, of the law of 1^er July 1964, a social defence against abnormals, ordinary offenders and perpetrators of certain sexual offences, the words "Article 96" are replaced by the words "Article 148".
CHAPTER 11. - Amendments to the Judicial Code
Art. 29. In the Dutch text of article 695, paragraph 3, 2°, of the Judicial Code, the word "bewindvoerders" is replaced by the word "curatoren".
Art. 30. In the Dutch text of article 1139, paragraph 1 of the same Code, the word "rechtsmiddelen" is replaced by the word "middelen".
Art. 31. In the Dutch text of Article 1233, § 1^er, 5°, of the same Code, replaced by the law of 29 April 2001, the words "geeft kennis aan" are replaced by the words "ter kennis gebracht van".
Art. 32. In the Dutch text of article 1355 of the same Code, the words "oorspronkelijke voorderingen" are replaced by the word "hoofdvorderingen".
Art. 33. In the Dutch text of article 1563, paragraph 3, of the same Code, the word "getuigschrift" is replaced by the word "verzoekschrift".
CHAPTER 12. - Amendments to the Act of 30 November 1998 organic intelligence and security services
Art. 34. In Article 42 of the Act of 30 November 1998 of the Organization of Intelligence and Security Services, replaced by the Act of 3 April 2003, the words "Article 44" are replaced by the words "Article 259bis, § 5, of the Criminal Code".
Art. 35. Section 44 of the Act is repealed.
Art. 36. In article 44bis, 1°, paragraph 4, of the same law, inserted by the law of 3 April 2003 and amended by the law of 4 February 2010, the words "paragraph 2 of this section" are replaced by the words "at 1°, paragraph 2".
CHAPTER 13. - Amendment of the Corporate Code
Art. 37. The Dutch text of article 409, paragraph 3, second sentence, as amended by the Act of 4 September 2002, is replaced by the following:
"De benadeelde schuldeiser die een rechtsvordering instelt, brengt de curator hiervan op de hoogte. In het laatste geval is het bedrag toegekend door de rechter beperkt tot het nadeel geleden door de schuldeisers die de vordering hebben ingesteld."
CHAPTER 14. - Amendments to the Law of Principles of 12 January 2005 concerning the Administration of Prisons and the Legal Status of Prisoners
Art. 38. In Article 28, § 3, of the Law of Principles of 12 January 2005 concerning the administration of penitentiary institutions and the legal status of detainees, the words "of an appeal" are replaced by the words "of a complaint".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 May 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53 - 3531
Full report: 22 and 23 April 2014.
Senate (www.senate.be):
Documents: 5 - 2326
Annales of the Senate: April 3, 2014.