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10 AVRIL 2014. - Probation Act as a stand-alone sentence in the Criminal Code, and amending the Criminal Code, and the Suspension, Suspension and Probation Act of June 29, 1964 (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 Criminal Code
Art. 2. In Article 7 of the Criminal Code, last amended by the Act of 7 February 2014, the words
"In correctional and police matters:
1° imprisonment;
2° the electronic surveillance penalty;
3° the working sentence.
The penalties for 1° to 3° cannot apply cumulatively." are replaced by the words
"In correctional and police matters:
1° imprisonment;
2° the electronic surveillance penalty;
3° the working sentence;
4° the autonomous probation sentence.
The penalties prescribed in 1° to 4° cannot apply cumulatively.".
Art. 3. In Book I, Chapter II, of the same Code, "Section Vter. From the electronic surveillance penalty", inserted by the law of 7 February 2014, becomes the "Vbis section. Electronic surveillance.
Art. 4. Article 37quinquies, § 3, paragraph 2, of the same Code, inserted by the law of 17 April 2002 and renumbered by the law of 7 February 2014, is replaced by the following:
"The judge who refuses to impose a sentence of work required by the Public Prosecutor's Office or requested by the accused must justify his decision. ".
Art. 5. In article 37sexies, § 4, of the same Code, inserted by the law of 27 December 2006 and renumbered by the law of 7 February 2014, the words "work force" are replaced each time by the words "work force and self-employed probation".
Art. 6. In section 37octies of the same Code, inserted by the Act of 17 April 2002, amended by the Act of 27 December 2006 and renumbered by the Act of 7 February 2014, which becomes section 37septies, the following amendments are made:
1° in § 2, paragraph 1^er, the second sentence beginning with the words "Identity" and ending with the words "by simple letter." is repealed;
2° in § 4, paragraph 1^er, the words "or by an electronic way to be defined by the King" are inserted between the words "by registered mail" and the words "more than ten days";
3° in § 4, paragraph 2, the words "successful or motivated, as the case may be," are replaced by the word "motivated".
Art. 7. In Book I, Chapter II, of the same Code, it is inserted a section Vquater entitled "De la peine de probation autonome".
Art. 8. In section Vquater, inserted by section 7, an article 37octies is inserted as follows:
"Art.37octies. § 1^er. When an act is likely to result in a police sentence or a correctional sentence, the judge may sentence, as a principal sentence, an autonomous probation sentence.
A stand-alone probation sentence is the obligation to respect special conditions during a specified period, which is fixed by the judge in accordance with § 2.
The judge shall, within the limits of the penalties provided for the offence and by law according to his referral, provide for a sentence of imprisonment or a fine that may be applicable in the event of non-performance of the self-probation sentence.
The stand-alone probation sentence may not be imposed for the following facts:
- Article 347bis;
- articles 375 to 377;
- Articles 379 to 387, if the acts were committed on minors or by minors;
- articles 393 to 397;
- Article 475.
§ 2. The duration of the self-sustainment sentence may not be less than six months or more than two years. A standalone probation sentence of 12 months or less than 12 months is a police sentence. An independent probation sentence of one year or more than one year is a correctional penalty.
§ 3. When an autonomous probation sentence is considered by the judge, required by the Public Prosecutor's Office or requested by the accused, the judge shall inform the judge, before the proceedings are closed, of the scope of such a sentence and shall hear it in his or her observations. The judge may also take into account the interests of potential victims. The judge may only pronounce the independent probation sentence if the accused is present or represented at the hearing and after he has given, either in person or through his counsel, his consent.
The judge who refuses to impose an autonomous probation sentence required by the public prosecutor or requested by the accused must justify his decision.
§ 4. The judge determines the length of the stand-alone probation sentence and provides guidance on the content of the stand-alone probation sentence.
§ 5. At the federal and local levels, the consultation structures relating to the application of the work penalty and the self-employed probation sentence operate in accordance with the provisions of Article 37sexies, § 4.".
Art. 9. In the same section Vquater, an article 37novies is inserted as follows:
"Art. 37novies. § 1^er. Anyone who has been sentenced to a stand-alone probation sentence in accordance with section 37octies will be subject to judicial guidance by a Justice Assistant of the Federal Public Service Justice Houses of Justice at the place of his residence.
The execution of the stand-alone probation sentence is controlled by the probation commission at the place of the convict's residence to which the justice assistant reports.
When the court ruling on the stand-alone probation sentence has passed in force, the clerk shall forward a shipment within 24 hours to the president of the competent probation commission and to the competent district section of the Federal Justice Public Service Houses of Justice, which shall forthwith designate the judicial assistant.
In the month following the appointment of the justice assistant, and then every time the court considers it useful or whenever the commission requests it, and at least every six months, it reports to the probation commission on compliance. He proposes, where appropriate, the measures he deems useful.
§ 2. The territorial jurisdiction of the Probation Commission is determined by the place of residence of the convicted person at the time the judgment or order passes into force of a trial. When the person concerned resides outside the territory of the Kingdom, the territorially competent Probation Commission is the place where the conviction was pronounced in the first instance.
When, in exceptional cases, the commission considers it appropriate, for a person sentenced to an autonomous probation sentence who makes a reasoned request for that purpose, to transfer the jurisdiction to the probation commission from the place of his new residence, it shall make a reasoned decision, after that other commission has rendered a notice in accordance within two months. For a person without a residence in the Kingdom, the jurisdiction may be transferred to another probation board on the same basis, without requiring it in this case to be the commission of the place of his new residence.
§ 3. The Probation Commission determines the concrete content of the stand-alone probation sentence, on the basis of the report of the justice assistant who has heard the convicted person and in accordance with the provisions of Article 37octies, § 4.
The concrete content of the stand-alone probation sentence is notified in a convention to be signed by the convicted person, whose legal assistant gives him a copy. The Justice Assistant also communicates a copy of the signed agreement to the Probation Board within three working days. ".
Art. 10. In the same section Vquater, an article 37decies is inserted as follows:
"Art. 37decies. § 1^er. The Probation Commission may suspend, in whole or in part, the specific content of the autonomous probation sentence, specify or adapt it to the circumstances, either ex officio or upon requisition of the Public Prosecutor's Office or at the request of the convicted person. In the event that one of the conditions of the stand-alone probation sentence could not be carried out during the initial probation period without it being due to the convict's will, the probation committee may extend the probation period for a maximum of one year so that the convict may satisfy the condition.
If the Probation Commission considers it necessary to take one of the measures referred to in paragraph 1^er, the President summons the person concerned, by registered mail or by an electronic channel to be defined by the King, more than ten days before the date fixed for the examination of the case. The file of the commission is made available for 10 days to the interested party and its possible advice.
If the Probation Commission considers that the stand-alone probation sentence has been executed, it may decide that the sentence is terminated, even if the period fixed by the judge has not yet expired.
The decision of the probation board referred to in paragraph 1^er or paragraph 3 is motivated. This decision is notified to the individual and the Public Prosecutor's Office. The notification is made to the Public Prosecutor's Office by simple letter and to the individual by registered mail or by electronic means to be defined by the King within three days, not including Saturdays, Sundays and holidays.
§ 2. The Public Prosecutor ' s Office and the convict of self-probation may, the first by requisition and the second by request, file an appeal against the decisions taken by the commission under § 1 before the Court of First Instance to which the commission is instituted.^er or pursuant to Article 37novies, § 3.
The requisition and the request must be written and motivated. The appeal must be filed within 10 days of notification of the decision of the commission. It is suspensive unless the commission decides otherwise.
The president of the court called to rule indicates more than ten days in advance, on a special register held in the registry, the place, day and time of the appearance. The Clerk shall give notice to the person sentenced to self-contained probation by registered mail or by an electronic means to be defined by the King at least ten days before the appearance. During this period, the file is filed in the registry and made available to the convict and his prospective counsel. The court sits and sits in council chambers.
If the court accepts the appeal, it may reform the commission's decision.
The decision on this appeal is not subject to appeal or opposition."
Art. 11. In the same section Vquater, an article 37undecies is inserted as follows:
"Art. 37undecies. In the event of complete or partial non-performance of the stand-alone probation sentence, the justice assistant shall promptly inform the probation committee. The commission summons the convict by registered consignment or by electronic means to be determined by the King more than ten days before the date fixed for the examination of the case and informs his counsel. The file of the commission shall be made available for five days to the convict and his prospective counsel.
The commission, sitting outside the presence of the Public Prosecutor's Office, prepares a motivated report for the application of the alternative penalty.
The report is sent by simple letter to the convict, the Public Prosecutor's Office and the Justice Assistant.
In this case, the Public Prosecutor's Office may decide to execute the sentence of imprisonment or the fine provided for in the judicial decision, taking into account the autonomous probation sentence that has already been executed by the convicted person. ".
Art. 12. In section 58 of the same Code, last amended by the Act of 7 February 2014, the following amendments are made:
1° in paragraph 2, the words "When an electronic surveillance penalty is imposed, its" are replaced by the words "When electronic surveillance penalties are imposed, their";
2° the article is supplemented by a paragraph written as follows:
"When autonomous probation sentences are pronounced, their duration cannot exceed two years."
Art. 13. In section 59 of the same Code, last amended by the Act of 7 February 2014, the words "all fines, working sentences, electronic surveillance penalties" are replaced by the words "all fines, self-reporting probation, working sentences, electronic surveillance penalties".
Art. 14. In section 60 of the same Code, replaced by the law of 1^er February 1977 and last amended by the Act of 7 February 2014, the words "or three hundred hours of working sentence" are replaced by the words ", three hundred hours of working sentence or two years of self-employed probation".
Art. 15. In section 85, paragraph 1^er, of the same Code, last amended by the law of 7 February 2014, the words "sentences of imprisonment, electronic surveillance penalties, working sentences and fines may be reduced, respectively, below eight days, forty-five hours and twenty-six euros" are replaced by the words "sentences of imprisonment, electronic surveillance penalties, working sentences, self-reporting and probation sentences of forty-six months".
CHAPTER 3. - Amendments to the Code of Criminal Investigation
Art. 16. Article 594, paragraph 1^er, the Code of Criminal Investigation, last amended by the Law of 7 February 2014, is supplemented by a 6° written as follows:
"6° of decisions condemning an autonomous probation sentence in accordance with Article 37octies of the Criminal Code, except for the preparation of jurors in accordance with Article 224, 13°, of the Judicial Code. ".
Art. 17. In section 595, paragraph 1^er, of the same Code, restored by the law of 8 August 1997 and last amended by the law of 7 February 2014, the 1st is replaced by the following:
"1° of convictions, decisions or measures listed in Article 594, 1° to 6° ;"
Art. 18. In article 596, paragraph 2, of the same Code, restored by the law of 8 August 1997 and last amended by the law of 7 February 2014, the words "Article 594, 4° and 5°" are replaced by the words "Article 594, 4° to 6°".
CHAPTER 4. - Amendments to the Suspension, Suspension and Probation Act of 29 June 1964
Art. 19. In Article 8, § 1^erParagraph 1^er, of the Suspension, Suspension and Probation Act of 29 June 1964, replaced by the Act of 10 February 1994 and amended by the Act of 17 April 2002, the first sentence is supplemented by the words ", with the exclusion of the self-probation sentence. "
Art. 20. In section 11, paragraph 2, of the Act, replaced by the Act of 7 May 1999 and amended by the Act of 27 December 2006, the following amendments are made:
1° the words "The Commission transmits" are replaced by the words "The Clerk also transmits";
2° the second sentence beginning with the words "Identity" and ending with the words "by simple letter." is repealed.
Art. 21. In section 12 of the Act, the following amendments are made:
1° in § 1^er, paragraph 3, the words "or by an electronic way to be defined by the King" are inserted between the words "by registered letter to the post" and the words ", within three days";
2° in § 2, paragraph 3, the words "or by an electronic way to be defined by the King" are inserted between the words "by registered letter" and the words ", to the person under probation".
CHAPTER 5. - Amendments to various laws
Art. 22. In Article 5, 1°, of the Law of 10 April 1990 regulating private and special security, as amended by the Law of 1^er March 2007, the words "consisting on a fine, a working sentence or a prison sentence" are replaced by the words "consisting on a fine, a probation sentence, a working sentence, an electronic surveillance sentence or a prison sentence".
Art. 23. In Article 5, § 1^er, paragraph 2, of the Act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, replaced by the Act of 7 November 2001, the words "convicted to a working sentence, imprisonment or a heavier sentence" are replaced by the words "convicted to an autonomous probation sentence, a working sentence, an electronic supervision sentence, imprisonment or a heavier sentence".
Art. 24. In Article 8, paragraph 1^er, 2°, of the Act of 15 May 2007 relating to the creation of the function of guardian of peace, the creation of the service of the guardians of peace and the modification of article 119bis of the new communal law, the words "consistant to a fine, a penalty of work or a prison sentence" are replaced by the words "consistant to a fine, a penalty of self-retained probation, a prison sentence of work, a penalty of imprisonment of imprisonment of imprisonment".
Art. 25. In article 42, paragraph 2, paragraph 5, of the Act of 24 June 2013 on municipal administrative sanctions, the words "working force" are replaced by the words "self-employed probation, work penalty, or electronic supervision penalty".
CHAPTER 6. - Autonomous provision
Art. 26. The Minister of Justice assesses the application of the provisions on the stand-alone probation penalty and the effects of the provisions on the application of the Act of 29 June 1964 concerning suspension, probation and probation, within eighteen months of the coming into force of this Act.
CHAPTER 7. - Entry into force
Art. 27. This Act comes into force on the day of the coming into force of the Act of 8 May 2014 amending sections 217, 223, 224 and 231 of the Judicial Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.dekamer.be):
Documents: 53-3274
Full report: 13 March 2014
Senate (www.senate.be):
Documents: 5-2735
Annales du Senate : April 3, 2014