Posted the: 2014-05-15 Numac: 2014009266 SERVICE PUBLIC FÉDÉRAL JUSTICE 21 February 2014. -Law amending the mortgage law of December 16, 1851, in order to establish privileges for victims of criminal offences (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. in article 19 of the mortgage law of December 16, 1851, as last amended by the Act of July 30, 2013, it is inserted a 3 ° ter as follows: "3 ° ter. Damages and interest due by the convicted person to the victim, physical person, and his successors up to the second degree included compensation for physical or psychological harm resulting directly from an intentional act of violence constitutes a criminal offence in accordance with a decision cast in res judicata. This privilege does not benefit the substitute consent giver legal; "."
S. 3. in article 27 of the Act, as amended by the royal decree of April 18, 1967 and the law of 10 October 1967, inserted a 5 ° bis, as follows: "(5 bis). The victim, physical person, and his successors to the second degree inclusive, on the immovable property of the convicted person, for damages and interest due by the convicted person compensation for the physical or psychological harm resulting directly from an intentional act of violence constitutes a criminal offence, in accordance with a decision cast in res judicata. This privilege will be held to charge of registration within two months from the date when the decision is cast in tried force and does not benefit the substitute consent giver legal.
This privilege will be exercised only after legal and conventional mortgages registered in the office of mortgages previously at the point where the decision is cast in force of res judicata; "."
S. 4. in the Act, it is inserted an article 38/1 between articles 38 and 38bis, worded as follows: "article 38/1. The privilege provided for in article 27, 5 ° bis, is kept by the registration is made within two months after the decision is cast in res judicata. In the case of late registration, the privilege has rank on the day of its registration. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 21, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) see: House of representatives (www.lachambre.be): Documents: complete record 53-2428: January 23, 2014 Senate (www.senate.be): Documents: 5-2458 project not mentioned by the Senate: 11 February 2014.