Law Amending The Mortgage Law Of December 16, 1851 In Order To Establish Privileges For Victims Of Criminal Offences (1)

Original Language Title: Loi modifiant la loi hypothécaire du 16 décembre 1851 afin d'instaurer des privilèges en faveur des victimes d'infractions pénales (1)

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belgiquelex.be - Carrefour Bank of Legislation

21 FEBRUARY 2014. - An Act to amend the Mortgage Act of 16 December 1851 to establish privileges for victims of criminal offences (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 19 of the Mortgage Act of 16 December 1851, last amended by the Act of 30 July 2013, a 3° ter is inserted as follows:
"3° ter. The damages caused by the convicted person to the victim, a natural person, and his or her beneficiaries up to the second degree included in compensation for the physical or mental injury resulting directly from an intentional act of criminal violence in accordance with a decision cast as a force of evidence. This privilege does not benefit from the legal subrogation;".
Art. 3. In section 27 of the Act, amended by the Royal Decree of 18 April 1967 and the Act of 10 October 1967, it is inserted a 5° bis, as follows:
"5° bis. The victim, a natural person, and his or her persons entitled to the second degree included, on the immovable property of the convict, for the damages caused by the convict in compensation for the physical or psychological damage resulting directly from an intentional act of violence constituting a criminal offence, in accordance with a decision cast in force of a tried thing. This privilege will only take place at the expense of registration within two months of the time when the decision is cast in force judged and does not take advantage of the legal subrogation.
This privilege will only be exercised after the legal and conventional mortgages entered in the mortgage office prior to the time the decision is cast in force of a judgment;".
Art. 4. In the same Act, an article 38/1 is inserted between sections 38 and 38 bis, as follows:
"Art. 38/1. The privilege provided for in article 27, 5° bis, is retained by the inscription made within two months after the decision is cast into force of a judged thing. In the event of late registration, the privilege is only on the day of registration.".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 February 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) See:
House of Representatives (www.lachambre.be):
Documents: 53-2428
Full report: 23 January 2014
Senate (www.senate.be):
Documents: 5-2458
Project not referred to by the Senate: February 11, 2014.