Legislation To Correct Several Laws On Justice (1)

Original Language Title: Loi visant à corriger plusieurs lois en matière de justice (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009354&caller=list&article_lang=F&row_id=600&numero=654&pub_date=2014-07-08&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-07-08 Numac: 2014009354 SERVICE PUBLIC FÉDÉRAL JUSTICE may 5, 2014. -Act to correct several laws on justice (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code civil art. 2. in article 193bis of the civil Code, inserted by the law of November 14, 1947, the words "article 46 of the Act of April 20, 1810, on the Organization of the judiciary and the administration of justice" are replaced by the words "articles 138bis, § 1, and 139 of the Code of judicial procedure".
S. 3. in article 531 of the same Code, "Code of civil procedure" shall be replaced by the words "Code judiciaire".
S. 4. in the Dutch text of article 802, first paragraph, of the same Code, replaced by the law of 10 October 1967, the word "schuldenaars" is replaced by the word "schuldeisers".
S. 5. in the french text of article 983 of the same Code, the word "french" is replaced by the word "Belgian".
S. 6. in article 1688 of the same Code, as amended by the Act of 15 December 1949, 'Code of civil procedure' shall be replaced by the words "Code judiciaire".
CHAPTER 3. -Amendments to the mortgage law of December 16, 1851, Art. 7. in article 1, paragraph 3, of the mortgage law of December 16, 1851, "article 1429" shall be replaced by the words "article 595, paragraph 2".
S.
8. in article 59 of the Act, the words "in articles 57 and 58" are replaced by the words "article 58".
S. 9. in article 117 of the Act, 'Code of civil procedure' shall be replaced by the words "Code judiciaire".
CHAPTER 4. -Changes of the Code penal Art.
10. in article 135bis, paragraph 2, of the same Code, inserted by the law of July 20, 1939, the words ";
article 9 of the Act of May 31, 1888 is not applicable to this confiscation"are repealed.
S.
11. in article 135quinquies of the Code inserted by the law of June 23, 1961, the words "in articles 135ter and 135quater" are replaced by the words "article 135quater".
S. 12. in book II, title III, of the same Code, the title "Provision common to the three previous chapters" before section 192 is replaced by the title "Special provision".
S. 13. in book II, title III, of the same Code, the title "Provisions common to the four preceding chapters" before section 213 is replaced by the title "Provisions common to the five previous chapters".
S.
14. in article 214 of the Code, the words "the four chapters that precede" are replaced by the words "in chapters I to IV of this title".
S. 15. in article 430 of the Code replaced by Act of 28 November 2000, the words "article 428, §§ 3 to 5" shall be replaced by the words "article 428, §§ 4 and 5".
S. 16. in article 562 of the Penal Code, abrogated by the law of June 17, 2004 and restored by the law of 20 July 2005, "articles 559 and 560" shall be replaced by the words "article 559".
S. 17. in article 565 of the Code, repealed by the law of June 17, 2004 and restored by the law of 20 July 2005, "the four chapters" preceding shall be replaced by the words "the present title".
S. 18. in article 566 of the same Code, repealed by the law of June 17, 2004 and restored by the law of 20 July 2005, "the four chapters" preceding shall be replaced by the words "the present title".
CHAPTER 5. -Amendments to the Act of 15 March 1874 on extradition article 19. in article 5a, paragraph 2, of the Act of 15 March 1874 on extradition, inserted by the Act of June 28, 1889, "article 47 of the law of June 21, 1849" shall be replaced by the words "article 78 of the law of 5 June 1928 revising the disciplinary and penal Code for shipping and maritime fishing".
S.
20. in article 8 of the Act, the words "Articles 2 and 3 of the law of December 30, 1836, on the Suppression of crimes and offences committed by Belgians abroad" are replaced by the words "articles 6 to 14 of the Act of April 17, 1878 with the preliminary title of the Code of criminal procedure".
S. 21A article 10 of the same Act the following changes are made: 1 ° the words "article 1 of the law of 30 December 1836" are replaced by the words "the law of April 17, 1878, containing the preliminary title of the Code of criminal procedure".
2 ° the words "December 30, 1836" are replaced by the words "April 17, 1878".
CHAPTER 6. -Amendment of the Act of August 25, 1885, revising legislation on redhibitory defects s.
22. in article 6, first paragraph, of the Act of August 25, 1885, revising legislation regarding latent defects, replaced by the law of 10 October 1967, the words "16 of the civil Code", are repealed.
CHAPTER 7. -Amendment of the law of 25 March 1891 on the punishment to provocation to commit crimes or offences art. 23. in article 1, paragraph 2, of the law of 25 March 1891 on the punishment to provocation to commit crimes or offences, replaced by the law of 28 July 1934 and amended by the Act of June 26, 2000, the words ", 534, 557, no. 6, § 2" are replaced by the words "and 534".
CHAPTER 8. -Amendments to the law of 24 February 1921 regarding traffic in poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used in the illicit manufacture of narcotic and psychotropic substances article 24 A section 7 of the Act of 24 February 1921 regarding traffic in poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used in the illicit manufacture of narcotic and psychotropic substances, replaced by the Act of 22 December 2003 and amended by laws of 12 April and 9 July 2004, the following changes are made (: 1 ° to §2, 2 ° c, the following changes are made: has) in the text Dutch, 'die gegevens bevatten' is inserted between the words "gelijken welke andere informatiedrager" and "die ingevolge";
(b) in the Dutch text, the words "of zich deze kosteloos laten er" are inserted after the words "daarvan nemen";
2 ° in the Dutch text of § 3, paragraph 2, the word "verwittiging" is replaced by the word "warning".
S.
25A article 7bis of the Act, inserted by the Act of 22 December 2003 and amended by the Act of 9 July 2004, the following changes are made: 1 ° in the Dutch text of § 2, paragraph 2, the words "puts toezicht belaste from" are repealed;
2 ° in § 3, first paragraph, the following changes are made: a) "available" are inserted after the word "information";
(b) the words "acts, parts" shall be inserted between the word "all" and the word "books";
3 ° in the Dutch text of § 3, first paragraph, the words "te laten nemen" are replaced by the words "ervan te er".
S. 26. at article 12, § 1, of the Act, inserted by the Act of 22 December 2003 and amended by the Act of April 12, 2004, the following changes are made: 1 ° in the Dutch text of paragraph 2, "zal worden vermeld" shall be replaced by the words "zal worden opgezet";
2 ° in the Dutch text of paragraph 5, the words "van het maximumbedrag" shall be inserted between the words "som" and the words "worden verdubbeld".
CHAPTER 9. -Modification of the Decree-Law of November 14, 1939, relating to the Suppression of drunkenness s. 27. in article 16 of the Decree-Law of November 14, 1939, relating to the Suppression of drunkenness, the words "of article 155 of the Act of June 18, 1869" are replaced by the words "of article 148 of the Code of judicial procedure".
CHAPTER 10. -Amendment of the Act of 1 July 1964 of social defence against the abnormal, habitual offenders and perpetrators of certain sexual offences art. 28. in article 5, paragraph 2, of the Act of 1 July 1964 of social against the abnormal defense, habitual offenders and certain sexual offenders 'article 96' shall be replaced by the words "article 148".
CHAPTER 11. -Changes of Code judiciary 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".
S. 30. in the Dutch text of article 1139, paragraph 1(2) of the same Code, the word "rechtsmiddelen" is replaced by the word "middelen".
S. 31. in the Dutch text of article 1233, § 1, 5 °, of the same Code, replaced by the law of April 29, 2001, 'geeft aan kennis' shall be replaced by the words "ter kennis van gebracht".
S. 32. in the text Dutch article 1355 of the Code, "oorspronkelijke voorderingen" shall be replaced by the word "hoofdvorderingen".
S. 33. in the Dutch text of article 1563, paragraph 3, of the same Code, the word "getuigschrift" is replaced by the word "Norwegian".
CHAPTER 12. -Amendments to the law of November 30, 1998, organic from intelligence and security section services
34. in article 42 of the Act of 30 November 1998, organic from intelligence and security services, replaced by the law of 3 April 2003, the words "section 44" are replaced by the words "article 259a, § 5, of the penal Code".
S. 35. article 44 of the Act is repealed.
S. 36. in article 44A 1 °, paragraph 4, of the Act, inserted by the law of 3 April 2003 and amended by the law of February 4, 2010, the words "in paragraph 2 of this article" shall be replaced by the words "1 °, paragraph 2".

CHAPTER 13. -Amendment of the Code of corporations s. 37. the Dutch text of article 409, paragraph 3, second sentence, amended by the Act of 4 September 2002, is replaced by the following: "of benadeelde schuldeiser die een rechtsvordering instelt brengt curator hiervan op de hoogte. In het laatste geval is het bedrag toegekend door de rechter en tot het nadeel geleden schuldeisers vordering hebben dampstrygejern die door."
CHAPTER 14.
-Changes in the Act's principles of 12 January 2005 for the administration of prisons and the legal status of the detainees arts. 38. in article 28, paragraph 3, of the Act's principles of 12 January 2005 for the administration of prisons and the legal status of the detainees, the words "an appeal" are replaced by the words "a complaint".
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.lachambre.be): Documents: 53-3531 full record: 22 and April 23, 2014.
Senate (www.senate.be): Documents: 5-2326 annals of the Senate: April 3, 2014.