Law Inserting The Probation As A Standalone Sentence In The Penal Code, And Amending The Code Of Criminal Procedure, And The Law Of 29 June 1964 On Suspension, Suspension And Probation (1)

Original Language Title: Loi insérant la probation comme peine autonome dans le Code pénal, et modifiant le Code d'instruction criminelle, et la loi du 29 juin 1964 concernant la suspension, le sursis et la probation (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009234&caller=list&article_lang=F&row_id=600&numero=676&pub_date=2014-06-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-19 Numac: 2014009234 FEDERAL JUSTICE PUBLIC SERVICE April 10, 2014. -Law inserting the probation as a standalone sentence in the penal Code, and amending the Code of criminal procedure, and the law of 29 June 1964 on suspension, suspension and probation (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 penal Art. 2. in article 7 of the penal Code, as last amended by the Act of February 7, 2014, words "correctional and police: 1 ° imprisonment;"
2 ° worth of electronic surveillance;
3 ° worth of work.
1 ° to 3 ° penalties may apply cumulatively."
are replaced by the words "correctional and police: 1 ° imprisonment;"
2 ° worth of electronic surveillance;
3 ° the penalty work;
4 ° the autonomous probation sentence.
The penalties set forth in 1 ° to 4 ° may apply cumulatively. "."
S.
3. in the book first, chapter II, of the same Code, "section Vter. Sentencing of electronic surveillance", inserted by the Act of February 7, 2014, becomes"section (Vbis). Sentencing of electronic surveillance.
S.
4. article 37quinquies, § 3, paragraph 2, of the same Code, inserted by the Act of 17 April 2002 and renumbered by Act of February 7, 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 give reasons for its decision.".
S.
5. in article 37sexies, § 4, of the same Code, inserted by the Act of 27 December 2006 and renumbered by Act of February 7, 2014, "hardly working" shall each time be replaced by the words "labour and the autonomous probation sentence punishment".
S. 6 A article 37octies of the 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 article 37septies, the following changes are made: 1 ° in the § 2, paragraph 1, the second sentence starting with the word 'Identity' and ending with the words "by simple letter." is repealed;
2 ° in § 4, paragraph 1, the words "or electronically to be defined by the King" shall be inserted between the words "by registered mail" and the words "more than ten days";
3 ° in § 4, paragraph 2, the words "brief or motivated, as appropriate", shall be replaced by the word "motivated".
S. 7. in the first book, chapter II, of the same Code, there shall be inserted a Vquater section "of the punishment of autonomous probation".
S.
8. in section Vquater, inserted by article 7 article be inserted a 37octies as follows: "Art.37octies. § 1. When a fact is likely to result in a sentence of police or a lesser penalty, the judge may order, as a main penalty, to a stand-alone probation sentence.
An autonomous probation sentence is the obligation to respect specific conditions during a specified period, fixed by the judge in accordance with § 2.
Judge provides, within the limits of the penalties provided for the offence and the act according to its referral, imprisonment or a fine which may be applicable in the event of non-performance of autonomous probation sentence.
The autonomous probation sentence may be imposed for the matters referred:-in article 347 bis;
-to articles 375 to 377.
-in articles 379 to 387, if the offence was committed against minors or minors;
-in articles 393-397;
-in article 475.
§ 2. The length of the sentence of autonomous probation may not be less than six months nor more than two years. A probation sentence independent of twelve months or less than twelve months is a sentence of police. A standalone for one year or more than one year probation sentence constitutes a lesser penalty.
§ 3. When a stand-alone probation sentence is considered by the judge, required by the public prosecutor or requested by the accused, informed judge this one, before closing discussions, the scope of such a penalty and understood in its observations. The judge may also take into account, in this regard, the interests of potential victims.
The judge may impose the penalty of autonomous probation that if the accused is present or represented at the hearing and after that he gave, either in person, or through its Board, consent.
The judge who refuses to impose a sentence of autonomous probation required by the public prosecutor's Office or requested by the accused, must give reasons for its decision.
§ 4. The judge determines the length of the sentence of autonomous probation and provides guidance on the content of the autonomous probation sentence.
§
5. At the federal and local levels, enforcement cooperation structures work penalty and sentencing of autonomous probation work in accordance with the provisions of article 37sexies, § § 4 4 "."
S. 9. in the same section Vquater, inserted an article 37novies as follows: "article 37novies. § 1. Anyone sentenced to a sentence of autonomous probation in accordance with article 37octies shall be subject to a judicial guidance exercised by an assistant justice of the houses of justice of Service Service public federal Justice of the judicial district of the place of residence.
The execution of the penalty of autonomous probation is controlled by the commission on probation of the place of residence of the convicted person to which the wizard of justice reported.
When the judicial decision declaring the autonomous probation sentence is passed into res judicata, the Clerk shall transmit within 24 hours an expedition to the president of the commission of competent probation as well as to the competent district section of the houses of justice of Service Service public federal Justice, which means the wizard of justice without delay.
In the month that follows the appointment of justice Wizard, and then whenever it considers it expedient or whenever the commission actually requested, and at least every six months, it shall report to the commission of probation on compliance with the conditions.
He proposes, where appropriate, the measures it deems appropriate.
§ 2. The territorial jurisdiction of the probation Committee is determined by the place of residence of the offender at the time where the judgment or the judgment goes into force of res judicata. When the person concerned is resident outside the territory of the Kingdom, the territorially competent probation commission is the place where was pronounced the sentence in the first instance.
When, in cases outstanding, the commission considers it appropriate, for a person sentenced to a term of autonomous probation that makes a reasoned request to this end, to transfer jurisdiction to the commission on probation instead of his new residence, she takes a motivated, decision after this another commission made an assent within a period of two months.
For a person without residence in the Kingdom, jurisdiction may be transferred according to the same procedure in another Committee of probation, without that are required in this case whether the commission of the location of his new residence.
§ 3. Probation Board determines the concrete contents of the autonomous probation sentence, on the basis of the report of the justice who heard the convict and assistant in compliance with the indications referred to in article 37octies, § 4.
The concrete content of the autonomous probation sentence is notified in an agreement to be signed by the convicted person, including the wizard of justice shall give a copy. The wizard of justice shall also communicate a copy of the agreement signed at the probation commission, within a period of three working days. "."
S.
10. in the same section Vquater, inserted an article 37decies as follows: "article
37decies. § 1. Probation commission may suspend in whole or part the concrete contents of the autonomous probation sentence, clarify or adapt to the circumstances, either ex officio, at the request of the Crown, either at the request of the convicted person. Where one of the conditions of the autonomous probation sentence could not be carried out during the period of probation initial without that this is due to the will of the convicted person, the probation Committee may extend once the period of probation to a maximum of one year so that the convicted person can meet the requirement.
If the probation Committee considers have to take one of the measures referred to in paragraph 1, the Chairman shall convene the person by registered mail or electronically a to be defined by the King, more than ten days before the date set for the examination of the case. The commission's file is placed ten days at the disposal of the person concerned and his prospective Council.
If the probation Committee considers that autonomous probation sentence has been completed, it may decide that it is terminated, even if the period fixed by the judge has not yet expired.
The decision of the commission referred to in paragraph 1 or paragraph 3 probation is motivated. This decision is notified to the person concerned and the public prosecutor. The notification is made to the Crown by simple letter and the person concerned by registered post or by electronic means to be defined by the King, in three days, excluding Saturdays, Sundays and public holidays.
§ 2. The public prosecutor and the convicted person to the autonomous probation sentence may, the first by requisition and the second by request, submit to the Court of first instance with which the commission is established, an action

against the decisions taken by the commission by virtue of § 1 or under article 37novies, § 3.
The requisition and the query must be written and motivated.
The appeal must be lodged within ten days of notification of the decision of the commission.
It is suspension, unless the commission decides otherwise.
The president of the tribunal called to adjudicate denotes more than ten days in advance, on a special register kept at the registry, the place, day and hour of the appearance. The Registrar give notice to the person sentenced to the penalty of autonomous probation by registered mail or by a way to define by the King at least ten days before the appearance. During this period, the file is lodged at the registry and put at the disposal of the convicted person and his prospective Council. The tribunal sits and statue in the Council Chambers.
If the tribunal accepts the appeal, it may alter the decision of the commission.
The decision on the appeal is subject to appeal or opposition. "."
S. 11. in the same section Vquater, inserted an article 37undecies as follows: "article 37undecies. in case of total or partial autonomous probation penalty failure, justice assistant probation commission forthwith. The commission shall convene the convicted person by registered mail or electronically a to be determined by the King more than ten days before the date set for the examination of the case and shall notify its Board. The commission's file is set for five days at the disposal of the convicted person and his prospective Council.
The commission, sitting outside the presence of the public prosecutor, writes a reasoned report for the application of the substitution penalty.
The report is sent by simple letter to the convict, the Crown and the wizard of justice.
In this case, the public prosecutor may decide to execute the sentence or the fine provided for in the judicial decision, taking into account the autonomous probation sentence has already been performed by the convicted person. "."
S. 12A article 58 of the same Code, as last amended by the Act of 7 February 2014, the following changes are made: 1 ° in paragraph 2, the words "when a sentence of electronic surveillance is pronounced, its" are replaced by the words "when electronic surveillance sentences are pronounced, their";
2 ° article is supplemented by a paragraph worded as follows: "When autonomous probation sentences are pronounced, their duration may not exceed two years.".
S. 13. in article 59 of the same Code, as amended by the Act of February 7, 2014, "all fines, work sentences, sentences of electronic surveillance" shall be replaced by the words "all fines, sentences of autonomous probation, labour sentences, the sentences of electronic surveillance".
S. 14. in article 60 of the same Code, replaced by the law of 1 February 1977 and as amended by the Act of 7 February 2014, the words, "or three hundred hours worth of work" are replaced by the words ", three hundred hours of work penalty or two years of autonomous probation sentence".
S.
15. in article 85, paragraph 1, of the same Code, as amended by the Act of February 7, 2014, "imprisonment, sentences of electronic surveillance, the penalties of working and of fines may respectively be reduced below eight days, 45 hours and twenty-six euros" is replaced by the words "prison sentences sentences of electronic surveillance, work sentences, sentences of autonomous probation and of fines can respectively be reduced below eight days, a month, 45 hours, 12 months and twenty-six euros.
CHAPTER 3. -Changes of the Code of criminal investigation article 16. article 594, paragraph 1, of the Code of procedure criminal, as amended last amended by the Act of February 7, 2014, is complemented by a 6 ° as follows: "6 ° of judgments ordering a probation sentence autonomous in accordance with article 37octies of the penal Code, except for the processing list of jurors in accordance with article 224, 13 °, of the Judicial Code.".
S. 17. in article 595, paragraph 1, of the same Code, restored by the law of 8 August 1997 and as last amended by the Act of February 7, 2014, 1 ° is replaced by the following: "1 ° of convictions, decisions or measures listed in article 594, 1 ° to 6 °;"
S. 18. in article 596, paragraph 2, of the same Code, restored by the law of 8 August 1997 and as amended by the Act of February 7, 2014, 'article 594, 4 ° and 5 °' shall be replaced by the words "article 594, 4 ° to 6 °".
CHAPTER 4. -Amendments to the law of 29 June 1964 on suspension, the stay and the article probation 19. in article 8, § 1, paragraph 1, of the Act of 29 June 1964 on suspension, suspension and probation, replaced by the law of 10 February 1994 and amended by the Act of 17 April 2002, the first sentence is supplemented by the words ", excluding the autonomous probation sentence."
S. 20. at article 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 changes are made: 1 ° "the commission shall" shall be replaced by the words "the Registrar also transmits";
2 ° the second sentence starting with the word 'Identity' and ending with the words "by simple letter." is repealed.
S. 21A article 12 of the Act, the following amendments are made: 1 ° in the § 1, paragraph 3, the words "or electronically to be defined by the King" shall be inserted between the words "by registered mail"and the words"within three days".
2 ° in the § 2, paragraph 3, the words "or electronically to be defined by the King" shall be inserted between the words "by letter" and the words ", the person on probation".
CHAPTER 5. -Amendments to various laws art. 22. in article 5, 1 °, of the law of of the law of 10 April 1990 regulating private and particular security, amended by the Act of March 1, 2007, 'consisting of a fine, a penalty of work or imprisonment' shall be replaced by the words "consisting of a fine, an autonomous probation sentence, a sentence of work sentenced to electronic monitoring or a sentence in prison.
S. 23. in article 5, § 1, paragraph 2, of the law of 22 March 1999 concerning the identification by DNA in criminal procedure, replaced by the law of November 7, 2001, the words "sentenced to a term of work, to a term of imprisonment or a more severe penalty" shall be replaced by the words "sentenced to a sentence of autonomous probation sentenced to work, sentenced to electronic monitoring, to a term of imprisonment or a more severe penalty."
S. 24. in article 8, paragraph 1, 2 °, of the Act of May 15, 2007 on the establishment of the function of guardian of peace, the creation of the service of the guardians of the peace and the amendment of article 119bis of the new Municipal Act, the words "consisting of a fine, a penalty of work or imprisonment" are replaced by the words "consisting of a fine an autonomous probation sentence, sentenced to labour, a sentence of electronic surveillance or a sentence in prison".
S. 25. in article 42, § 2, paragraph 5, of the law of June 24, 2013 the incivilities, the words "hardly working" are replaced by the words "autonomous probation sentence of penalty work, or sentence of electronic surveillance".
CHAPTER 6. -Disposition autonomous art. 26. the Minister of Justice assesses the application of the provisions relating to the punishment of autonomous probation and their effects on the application of the law of 29 June 1964 on suspension, suspension and probation, in the 18 months of the entry into force of this Act.
CHAPTER 7. -Entry into force art. 27 this Act comes into force the day of the entry into force of the law of May 8, 2014, amending articles 217, 223, 224 and 231 of the Judicial Code.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 10, 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 53-3274: March 13, 2014 Senate (www.senate.be): Documents: 5-2735 annals of the Senate: April 3, 2014