Miscellaneous Provisions Act On Justice

Original Language Title: Loi portant des dispositions diverses en matière de Justice

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belgiquelex.be - Carrefour Bank of Legislation

25 AVRIL 2014. - Law on various provisions on Justice



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART 2. - Amendment of Article 141ter of the Criminal Code
Art. 2. In section 141ter of the Criminal Code, inserted by the law of 19 December 2003 and replaced by the law of 18 February 2013, the words "without justification" are deleted.
PART 3. - Amendments to the Code of Criminal Investigation
CHAPTER 1er. - Amendment of Article 24 of the preliminary title of the Code of Criminal Procedure
Art. 3. In article 24, paragraph 4, of the preliminary title of the Code of Criminal Procedure, replaced by the law of 16 July 2002 and amended by the law of 14 January 2013, the words "legal instruction" are replaced by the words "judgment of judgment".
CHAPTER 2. - Destruction of seized property
Art. 4. In the Code of Criminal Investigation, an article 28novies is inserted as follows:
"Art. 28novies. § 1er. Without prejudice to the provisions of the specific laws, the King ' s Prosecutor may, at each stage of the criminal proceedings, order by written and reasoned decision the destruction of seized property liable to confiscation.
For the duration of the instruction, the pre-authorization of the examining magistrate is required in order to be able to perform the measure.
The King's Prosecutor shall inform the legitimate owner through a hearing, a recommended consignment, by fax, or by electronic means of his intention to destroy the property, provided that the person and his address are known. He also invites the legitimate owner to communicate to him, without the time limit he sets, if he abandons his rights to the seized property. The legitimate owner who has already abandoned his rights to the property to be destroyed must no longer be informed or invited to abandon such rights.
§ 2. The Crown Prosecutor may order the destruction of property that is part of one of the following categories:
1° of goods that by their nature constitute a serious danger to public safety or public health;
2° of property that, in the event of the removal of the seizure, may seriously affect the physical integrity or property of persons;
3° of goods that, if released, would constitute a violation of public order, good morals or a legal provision;
4° of goods whose conservation costs in kind are clearly not proportional to their venal value, because of the nature or quantity of the property.
§ 3. The King's Attorney indicates in his written decision what property must be destroyed. It determines the manner in which and the time limit within which its destruction decision is executed. In the event of an emergency, the King's Prosecutor may order the destruction verbally, provided that he confirms his decision in writing as soon as possible.
§ 4. The King's Prosecutor shall designate a specialized public service provider or service that will destroy the property concerned. The Crown Prosecutor shall make the property to be destroyed at the disposal of the designated public service or service. Members of the local police or the federal police lend strong hand if they are required for this purpose.
Where applicable, it designates the Central Organ for Seizure and Confiscation for the execution and follow-up of its decision.
§ 5. If the manifestation of the truth requires it, it commands, prior to the destruction of the property, the taking of samples or a photographic or video recording of the property. Where applicable, it designates a technical advisor who will attend the required police service during the sampling or recording.
The requested police department shall deposit the sample taken or the photographic or video record in the registry or make the sample taken or the photographic or video record available to any other person designated by the King's Prosecutor who is responsible for its preservation until the seizure or confiscation is lifted.
§ 6. The costs of the destruction, capture and conservation of the sample or a photographic or video record as well as the assistance of a technical advisor are legal costs.
§ 7. The Crown Prosecutor shall, within eight days of its date, communicate, by fax or electronically, the decision to destroy the following persons:
1° the dependant of whom the seizure was practised or, where applicable, his or her lawyer;
2° persons who, according to the instructions provided by the procedure, appear to be entitled to claim rights to property to be destroyed or, where appropriate, their lawyer.
The notification contains the text of this article.
It does not send notification to persons referred to in paragraph 1er, 1° and 2°, if they have signed their agreement before and in writing on destruction.
Persons referred to in paragraph 1er, 1° and 2°, may be addressed to the board of indictments within fifteen days of notification of the decision of destruction. This period is extended by fifteen days if one of these persons resides or is established outside the Kingdom, except in case of an election of domicile in Belgium.
The appeal suspends the execution of the contested decision of destruction of the property referred to in § 2, 2° to 4°.
The decision to destroy the property, referred to in § 2, 1°, is enforceable in full right. The Crown Prosecutor may withdraw or review his or her decision on the basis of counter-indications on the reduced danger to public safety or public health, or by imposing compliance with one or more conditions that may contribute to the protection of society against a serious breach of public safety or public health.
The proceedings before the Trial Chamber are suspended:
1° until a final decision is made on the request for the removal of the seizure referred to in articles 28sexies and 61quater or regulated by specific laws, concerning the property referred to in § 2, 2° to 4°;
2° until a final decision is made on the application for the performance of an instruction in accordance with Article 61quinquies concerning the property referred to in § 2, 2° to 4°, and if so, until the instruction referred to in Article 61quinquies concerning the property referred to in § 2, 2° to 4°, has been completed;
3° until the King's attorney executes the acts of information that he considers useful and necessary for the information and which are ordered ex officio or at the request of any person entitled to the goods referred to in § 2, 2° to 4°.
The procedure shall be carried out in accordance with the provisions of Article 28sexies, § 4, paragraphs 2 to 8.
§ 8. If, after the destruction of the property, the King's prosecutor classes without a follow-up or if the criminal procedure is terminated definitively by acquittal based on the non-funding of the public action, or by a non-place for the absence of charges, the legitimate owner of the destroyed thing may claim damages to the extent that the property could have been released on a regular basis.
The amount of compensation is the value of the property destroyed at the time of destruction.
Compensation proceedings are brought against the Belgian State in the person of the Minister of Justice, in the forms provided for in the Judicial Code. ".
CHAPTER 3. - Amendment of Article 47bis
Code of Criminal Investigation
Art. 5. In article 47bis of the Code of Criminal Investigation, inserted by the law of 12 March 1998 and amended by the law of 13 August 2011, the following amendments are made:
(a) in § 2, paragraph 1er3°, the words ", except for the offences referred to in Article 138, 6°, 6° bis and 6° ter" are repealed;
(b) § 2, paragraph 1er, is completed by a 4° written as follows:
"4° that she is not deprived of her freedom and that she can go and come at any time."
(c) in § 2, paragraph 4, the words "and 3°" are replaced by the words ", 3° and 4°";
(d) in § 6, the word "seul" is repealed.
CHAPTER 4. - Amendment of Article 47quinquies of the Code of Criminal Investigation
Art. 6. Article 47quinquies of the Code of Criminal Investigation, inserted by the law of 6 January 2003, is supplemented by a paragraph 5, which reads as follows:
§ 5. Exempt from penalties are the police officers of the management of the special units of the Federal Police who, as part of their training and in order to be able to execute the particular method of observation and infiltration, commit absolutely necessary offences referred to in the Royal Decree of 1er December 1975, establishing a general regulation on the police of road traffic and the use of the highway.
These offences must necessarily be proportional to the purpose of training, ensuring that they are in the right to expect specialized police services, always giving priority to road safety and taking all reasonable precautions so that no physical or material damage is caused to third parties or to themselves.
The commission of these offences requires a written and prior agreement of the federal prosecutor. This agreement covers the days and places where such offences may be committed, as well as the vehicle used by the police service and its registration.
The magistrate who authorizes a police officer referred to in paragraph 1er to commit offences under the training referred to in this article shall not be punished.".
CHAPTER 5. - Amendment of articles 589, 590 and 597 of the Code of Criminal Investigation
Art. 7. In article 589 of the Code of Criminal Investigation, paragraph 2, 4, the words "or a rule of law derived from the European Union linking Belgium" are inserted after the words "international agreements".
Art. 8. In article 590, 16°, of the same Code, the words "or a rule of law derived from the European Union linking Belgium" are inserted after the words "international conventions".
Art. 9. In article 597 of the same Code, the words "or a rule of law derived from the European Union linking Belgium" are inserted after the words "international conventions".
PART 4. - Amendments to the Judiciary Code
CHAPTER 1er. - Amendments to articles 91, 92 and 109bis
Judicial Code
Art. 10. In section 91 of the Judicial Code, last amended by the Act of 21 April 2007, a paragraph is inserted between paragraphs 9 and 10:
"The appeals made by the police court regarding civil actions that have been prosecuted at the same time and before the same judges as public action, provided that these appeals are not dealt with simultaneously with criminal appeals, are assigned to a judge's chamber. This appeal shall be assigned to a Chamber composed of three judges where the application has been made by the accused, the civilly responsible party or the civil party in the statement of appeal or a waived sentence, within fifteen days of the service or notification of the accused, by a statement to the Registry of the court that rendered the judgment or the court that examines the case on appeal. This possibility is mentioned in the quote. ".
Art. 11. In Article 92, § 1er, of the same Code, replaced by the Act of 3 August 1992 and last amended by the Act of 2 June 2010, the third is replaced by the following:
"3° appeals of judgments rendered by the police court. In the case referred to in article 91, paragraph 10, the President may always assign the appeal to a Chamber composed of three judges. ".
Art. 12. In article 109bis, § 2, of the same Code, inserted by the law of 19 July 1985 and last amended by the law of 22 April 2010, the following amendments are made:
1st paragraph 1er is completed by a 3° written as follows:
"3° appeals of decisions concerning civil actions that have been prosecuted at the same time and before the same judges as public action, provided that these appeals are not dealt with simultaneously with criminal appeals."
2° in paragraph 2, the words "1°, 1° bis and 2°, " are inserted between the words "calls listed in paragraph 1er"and the words "are, in all cases,"
Paragraph 4, repealed by the Act of 3 August 1992, is reinstated in the following wording:
"The appeal referred to in paragraph 1er, 3°, shall be assigned to a chamber composed of three counsellors to the court when the application was made by the defendant, the civilly responsible party or the civil party in the notice of appeal or, as soon as it is due, within fifteen days of the service or notification of the court, by a statement to the court that rendered the judgment or the court that examined the case on appeal. This possibility is mentioned in the quote. The first president can always assign this call to a room composed of three advisers."
CHAPTER 2. - Amendment of Article 259octies
Judicial Code
Art. 13. Article 259octies, § 1erthe following amendments are made to the Judicial Code, inserted by the Act of 22 December 1998:
1° in paragraph 2, the words "the borough" are replaced by the words "the spring of the Court of Appeal";
2° paragraph 2 is supplemented by the following sentence:
"The judicial trainee is designated within this jurisdiction by the Attorney General."
3° in paragraph 4, the words "the oldest" are replaced by the words "the most recent".
Art. 14. The winners of the admission to the judicial internship contest proclaimed before the entry into force of Article 13 retain the right of priority according to which priority is given to the recipients of the admission examination whose minutes were closed at the earliest date.
CHAPTER 3. - Amendment of Article 309bis of the Judicial Code
Art. 15. In article 309bis, paragraph 3, of the Judicial Code, inserted by the law of 10 April 2003, the word "three" is replaced by the word "five".
CHAPTER 4. - Amendments to the law relating to the judicial organization with a view to strengthening the fight against tax evasion
Art. 16. In section 79 of the same Code, replaced by the Act of 18 July 1991 and last amended by the Act of 17 May 2006, a paragraph written as follows is inserted between paragraphs 4 and 5:
"One or more investigating judges appointed by the President of the Court of First Instance shall deal with cases relating to an offence to tax laws and regulations. ".
Art. 17. In the same Code, an article 195bis is inserted as follows:
"Art. 195bis. The judges referred to in the table "Number of repressive judges specializing in tax matters in the Court of First Instance", annexed to the Law of April 3, 1953 of judicial organization, sit in repressive matters in cases relating to an offence of tax laws and regulations.
The provisions of Article 190, § 2bis and § 2ter apply to them. ".
Art. 18. Article 357, § 1er, of the same Code, replaced by the Act of 29 April 1999 and last amended by the Act of 17 May 2006, the following amendments are made:
1st paragraph 1er is completed by the 8th written as follows:
"8° an additional fee of EUR 2.602.89 to the judges referred to in the table "Number of repressive judges specializing in tax matters in the court of first instance", annexed to the law of April 3, 1953 of judicial organization, who actually exercise the functions. The cumulative treatment supplement with the treatment and treatment supplements referred to in section 360bis may not exceed 62,905,54 EUR.";
2° in paragraph 2 the words "paragraph 1er, 4°, "are replaced by the words "paragraph 1er, 4° and 8° and the words "and judges" are inserted between the word "substitutes" and the words "y targeted".
Art. 19. The following table is annexed to the Act of 3 April 1953 of a judicial organization, last amended by the Act of 31 December 2012:
Number of repressive judges specializing in tax matters in the court of first instance.

Art. 20. The table entitled "Number of repressive judges specializing in tax matters in the Court of First Instance" annexed to the Act of 3 April 1953 of judicial organization by section 19, is replaced by the following:
Number of repressive judges specializing in tax matters in the Court of First Instance (included in the number of judges).

Art. 21. Section 20 comes into force on 1er April 2014.
CHAPTER 5. - Amendment of Article 721 of the Judicial Code
Art. 22. In section 721, paragraph 1er, of the Judicial Code, replaced by the Act of 10 July 2006, the 7th is replaced by the following:
"7° the copy, certified by the clerk, of the decisions rendered in the case;".
CHAPTER 6. - Amendment of Article 742, paragraph 2, of the Judicial Code
Art. 23. In the Dutch text of article 742, paragraph 2, of the Judicial Code, replaced by the law of 10 July 2006, the word "hiervan" is replaced by the words "van deze neerlegging".
CHAPTER 7. - Amendment of Article 783 of the Judicial Code
Art. 24. Section 783 of the Judicial Code, replaced by the Act of 10 July 2006, is replaced by the following:
"Art. 783. The text of the judgment is referred to the hearing sheet.
The hearing sheet contains the minute of the judgment and, in addition, the mention:
1° of the date and time of commencement and closing of the hearing;
2° of the proceedings completed;
3° of each case dealt with, with the indication of its registration number to the general role and the names of the parties and their lawyers.
The judge who presided, checks the hearing sheet and signs it with the clerk. ".
CHAPTER 8. - Amendment of Article 788 of the Judicial Code
Art. 25. In section 788, paragraph 1er, of the Judicial Code, as amended by the Act of 10 July 2006, the sentence "The Attorney General shall be made to represent the minutes of the hearing every month, and shall verify whether it has been satisfied with the above provisions." is replaced by the following sentence:
"The Attorney General may have the sheets or minutes of hearing, on his or her own motion or at the request of an interested person, to verify whether it has been satisfied with the above provisions."
CHAPTER 9. - Amendment of Article 789 of the Judicial Code
Art. 26. Section 789 of the Judicial Code, as amended by the Act of 10 July 2006, is replaced by the following:
"Art. 789. The Court of Cassation shall proceed in the same way for the judgments and hearing sheets of that court.".
CHAPTER 10. - Amendment of Article 1370 of the Judicial Code
Art. 27. In article 1370 of the Judiciary Code, a paragraph is inserted between paragraphs 1er and 2:
"The condition indicated in 1° is not applicable when it is a legal or conventional servitude of passage and when the dispossession or disorder has been caused by violence or by fact."
CHAPTER 11. - Amendment of Article 1717 of the Judicial Code
Art. 28. In article 1717, § 5, of the Judicial Code, replaced by the law of 24 June 2013, the words " § 2" are replaced by the words " § 3".
CHAPTER 12. - Amendment of Article 1727 of the Judicial Code
Art. 29. Article 1727 of the Judicial Code, inserted by the law of 21 February 2005 and amended by the law of 15 June 2005, is supplemented by § 8, which reads as follows:
§ 8. For the purposes of this article, the nominee is considered to be a notary. ".
CHAPTER 13. - Amendment of various articles of the Judicial Code
Art. 30. In articles 639, paragraph 2, 674bis, paragraph 6, paragraph 1er, 729, 734, paragraph 1er, 735, § 3, paragraph 2, 766, paragraph 1er, 767, § 2, paragraphs 1er and 2, 769, paragraph 4, 770, § 1er, paragraphs 3 and 4, and 1289ter, paragraphs 2 and 3, of the Judicial Code, as amended by the Act of 10 July 2006, the words "at the hearing record" are replaced each time by the words "at the hearing sheet" and the words "on the hearing record" are replaced each time by the words "on the hearing sheet".
PART 5. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
CHAPTER 1er. - Amendments to the Criminal Code
Art. 31. In article 34bis of the Criminal Code, inserted by the law of 26 April 2007, the word "effective" is repealed.
Art. 32. In article 34ter of the same Code, inserted by the law of 26 April 2007, the word "effective" is repealed.
Art. 33. In section 34quater of the same Code, inserted by the law of April 26, 2007, the word "effective" is repealed.
CHAPTER 2. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 34. Article 95/2 of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, inserted by the Act of 26 April 2007, the following amendments are made:
1° in § 1er the word "effective" is repealed;
2° in § 2, paragraph 1erthe word "effective" is repealed;
3° in § 2, paragraph 2, the words "his effective penalty" are replaced by the words "his trial period".
Art. 35. In Article 95/3, § 1er, from the same law, inserted by the law of April 26, 2006, the word "effective" is repealed.
Art. 36. In section 95/4, of the same law, inserted by the law of 26 April 2006, the words "or no later than four months before the end of the period of stay as referred to in article 8 of the law of 29 June 1964 concerning suspension, suspension and probation" are inserted between the words "in section 47, § 2" and the words "the public ministry".
Art. 37. In Article 95/5, § 1er, from the same law, inserted by the law of April 26, 2006, the word "effective" is repealed.
Art. 38. In section 95/8 of the Act, inserted by the Act of 26 April 2006, the existing text will form the first paragraph, the following amendments shall be made:
1° in paragraph 1erthe word "effective" is repealed;
2° the article is supplemented by the words "or, if the main sentence has been suspended, at the end of the period of stay as referred to in section 8 of the Act of 29 June concerning suspension, probation and probation";
3° the article is supplemented by a paragraph written as follows:
"The decision to deprivation of liberty is enforceable by provision."
PART 6. - Amendments to the Act of 10 July 2006 on electronic procedure
Art. 39. In the Act of 10 July 2006 on electronic procedure, the title of Chapter III is replaced by the following: "Chapter III. - Electronic criminal proceedings."
Art. 40. In chapter III of the Act, it is inserted before section Ire, which becomes section 1/1, a new section Ire "General provision."
Art. 41. In section Ire, inserted by section 40, an article 28/1 is inserted as follows:
"Art. 28/1. § 1er. Unless a procedural act is required to be filed electronically, a procedural document created, filed, reproduced, communicated and retained electronically is considered to be a paper-based document.
§ 2. The articles in this chapter are applied in the Phenix information system. The King sets out the modalities for their execution. ".
Art. 42. In section 30 of the Act, the following amendments are made:
1st paragraph 1er is completed by the words ", preserved or reproduced";
2° Paragraph 3 is supplemented by the words ", preserved or reproduced".
Art. 43. In section 31 of the Act, the following amendments are made:
1° § 1er is replaced by the following:
§ 1er. The conversion of repressive records on paper, procedural documents and other documents in an electronic record or in an electronic copy shall be made by a record in the electronic record or, as the case may be, by electronic copying, by electronic reading and by a certification of conformity with the document electronically read by a signature qualified from the judicial authority that ordered the conversion or, as the case may be, of the clerk or the secretary of the public prosecutor.";
2° in § 2, the word "electronic" is inserted between the words "if the repressive file" and the word "concerned";
3° in § 4, paragraph 1er, the words "The conversion of an electronic record" are replaced by the words "The conversion of an electronic repressive record" and the words "and the order number of the original piece" are repealed.
Art. 44. In section 35, paragraph 1erthe words "Article 46, § 3" are replaced by the words "Article 46, §§ 2 and 3".
Art. 45. In section 39 of the Act, replaced by the Act of December 31, 2012, the following amendments are made:
1° in paragraph 2, the words "and 26 to 38" are replaced by the words ", 26 to 28 and 38";
2° a paragraph is inserted between paragraphs 2 and 3:
"Articles 28/1 to 37 come into force on 1er March 2014. "
PART 7. - Amendments to the Act of 31 January 2007 on judicial training and establishing the Judicial Training Institute
Art. 46. Article 9 of the Act of 31 January 2007 on judicial training and establishing the Judicial Training Institute is replaced by the following:
"The Institute's bodies are: the Board of Directors, the Directorate, the Scientific Committee and the Commissions for the Evaluation of the Judicial Internship. ".
Art. 47. Article 11, § 1erthe same Act, as amended by the Act of 24 July 2008, is replaced by the following:
§ 1. The board of directors consists of fourteen members, also divided between the linguistic roles of the French-speaking and Dutch-speaking.
Members of the Institute's Board of Directors shall be:
1° the director of the Judicial Training Institute;
2° a representative of the Minister of Justice;
3° the chairpersons of the commissions of appointment and appointment of the Supreme Council of Justice;
4th the officers of the respective departments of the French Community, the Flemish Community and the German-speaking Community, the latter in the French language role;
5° the Director General of the Federal Administration Training Institute or, if the latter is of the Francophone linguistic role, his representative of the other linguistic role.
The King shall be appointed upon presentation by the Minister of Justice:
1° two magistrates of the office and two magistrates of the public prosecutor's office, including a magistrate of the office and a magistrate of the public prosecutor's office, presented by the Supreme Council of Justice, including a magistrate of the office presented by the first presidents of the courts of appeal and a magistrate of the public prosecutor's office;
2° two persons from those referred to in Article 2, 4° to 10°.
The term of office referred to in paragraph 3 is 5 years. They're renewable once."
Art. 48. Section 12 of the Act is replaced by the following:
"Art. 12. Management is responsible for the daily management of the Institute.
It is composed of a director of judicial training, assisted by an assistant director.
The director is a magistrate.
The Director and Deputy Director are of a different language role.
In the event of a long-term absence from both the Director and the Deputy Director, the Board of Directors may propose to the Minister of Justice that a member of the ad interim management be appointed. In this case, the member of the ad interim management is appointed by Royal Decree on the proposal of the Minister of Justice.
In the event of a long-term absence of one of the two members of the management, the member of the management present shall submit for agreement to the Commissioners of the Government all important decisions referred to in Article 13, paragraph 1er3° and 4°. ".
Art. 49. In section 13 of the Act, as amended by the Act of 24 July 2008, the following amendments are made:
1° in paragraph 2, the words "three-quarters" are replaced by the words "half", and the phrase "According to the necessity, the board of directors may, on a reasoned proposal of the director, decide to adapt the proportion without the latter being less than two-thirds when it comes to trainings for persons listed in article 2, 1° to 6°, and to half when it is intended for persons "is repealed;
2° in paragraph 3, the words "three-quarters" are replaced by the words "half" and the phrase "According to the necessity, the board of directors may, on a reasoned proposal by the director, decide to adapt the proportion without it being less than two-thirds." is repealed.
Art. 50. In section 14 of the same law, the words "every two months" are replaced by the words "all quarters".
Art. 51. Section 18 of the Act is repealed.
Art. 52. Section 19 of the Act is repealed.
Art. 53. In section 22 of the Act, the words "Deputy Directors" are replaced by the words "Deputy Director".
Art. 54. Article 26, paragraph 2, of the Act is replaced as follows:
"As part of this mission, the scientific committee reports to management and the board of directors and advises them."
Art. 55. Section 27 of the Act, as amended by the Act of 24 July 2008, is replaced by the following:
"The scientific committee is composed of twenty members, also divided between the French-speaking and Dutch-speaking linguistic roles.
The Presidency is provided by the Director of Judicial Training who is a full member of law.
With the exception of the Director of Judicial Training who is a full-law member, are appointed by the Minister of Justice for a renewable term of four years:
1° four magistrates of the seat, two of whom are presented by the Appointment and Designation Commission of the Superior Council of Justice and two by the first presidents of the appeal courses;
2° four judges of the Public Prosecutor ' s Office, two of whom are presented by the Appointment and Designation Commission of the Superior Council of Justice and two by the College of Attorneys General;
3° four persons among those referred to in Article 2, 4° to 10°;
4° two lawyers, one presented by the Order of French-speaking and German-speaking Bars and the other by the Orde van Vlaamse balies;
5° four members of the academic community, including two presented by the Interuniversity Council of the French Community of Belgium and two by the Vlaamse Interuniversitaire Raad;
6° a member of the Federal Administration Training Institute of the other language role than that of the Director.
The scientific committee meets at least four times a year.
The King determines the presence token that may be allocated to members of the scientific committee, with the exception of the director, as well as the allowances that may be allocated to them in refund of their travel and residence expenses.
The presence token and allowances are charged to the Institute.".
Art. 56. In section 39 of the Act, paragraph 2 is repealed.
PART 8. - Transposition of Council Framework Decision 2008/675/JAI of 24 July 2008 on taking into account decisions of condemnation between the Member States of the European Union on the occasion of a new criminal procedure
CHAPTER 1er. - Amendments to the Criminal Code
Art. 57. In section 34ter of the Criminal Code, inserted by the Act of 26 April 2007, the following amendments are made:
1° in 1°, the words "on the basis of article 54" are replaced by the words "on the basis of articles 54 and 57bis";
2° in 2°, the words "on the basis of article 57" are replaced by the words "on the basis of articles 57 and 57bis".
Art. 58. In article 34quater, 1°, of the same Code, inserted by the law of April 26, 2007, the words "or equivalent punishment taken into account in accordance with section 99bis," are inserted between the words "five years imprisonment" and the words "for facts".
Art. 59. Article 34quinquies of the same Code, inserted by the law of April 26, 2007, is supplemented by a paragraph written as follows:
"If the offences that form the basis of recidivism are found in a conviction in another Member State of the European Union, a certified copy of the decision is attached to the prosecution file in all cases."
Art. 60. In Book I, Chapter V of the same Code, an article 57bis is inserted as follows:
"Art. 57bis. The rules for recidivism, as set out in sections 54 to 56, are applied in the event of an earlier conviction taken into account in accordance with section 99 bis. ".
Art. 61. In the first book of the same Code, it is inserted a chapter XI entitled "From taking into account the convictions pronounced by the criminal courts of other States".
Art. 62. In chapter XI, inserted by section 61, an article 99bis is inserted as follows:
"Art. 99bis. The convictions imposed by the criminal courts of another Member State of the European Union are taken into account in the same conditions as the convictions pronounced by Belgian criminal courts, and they will produce the same legal effects as these convictions.
The rule referred to in paragraph 1er is not applicable to the hypothesis referred to in section 65, paragraph 2.".
CHAPTER 2. - Amendments to the Code of Criminal Investigation
Art. 63. In section 626 of the Code of Criminal Investigation, last amended by the Act of 26 April 2007, the following amendments are made:
1° in paragraph 1er, the words "in accordance with articles 54 to 57" are replaced by the words "in accordance with articles 54 to 57 bis";
2° in paragraph 2, the words "in accordance with articles 54 to 57" are replaced by the words "in accordance with articles 54 to 57 bis".
CHAPTER 3. - Amendments to the Suspension, Suspension and Probation Act of 29 June 1964
Art. 64. In article 3, paragraph 1er, the Suspension, Suspension and Probation Act of June 29, 1964, last amended by the Act of March 22, 1999, the words "or equivalent punishment taken into account in accordance with section 99bis of the Criminal Code" are inserted between the words "primary imprisonment of more than six months," and the words ", when the fact".
Art. 65. In Article 8, § 1erParagraph 1er, of the same law, last amended by the law of 17 April 2002, the words "or equivalent punishment taken into account in accordance with section 99bis of the Criminal Code" are inserted between the words "main imprisonment of more than twelve months," and the words ", the courts of judgment".
Art. 66. Article 13, § 1er, the same law, last amended by the Act of 22 March 1999, is supplemented by the following words "or an equivalent penalty taken into account in accordance with section 99bis of the Criminal Code."
Art. 67. In section 14 of the Act, amended by the Act of 22 March 1999, the following amendments are made:
1° in § 1er, the words "or an equivalent penalty taken into account in accordance with Article 99bis of the Criminal Code," are inserted between the words "more than six months" and the words "without suspended";
2° in § 1erbis, paragraph 1er is supplemented by the words ", or an equivalent penalty taken into account in accordance with section 99bis of the Criminal Code.".
Art. 68. In section 18bis of the Act, 1er dash, inserted by the law of 4 May 1999 and amended by the law of 26 June 2000, the words "four thousand euros instead of two months" are replaced by the words "two thousand euros instead of six months".
CHAPTER 4. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 69. In section 64 of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, as amended by the Act of 8 June 2008, the first is replaced by the following:
"1° if it is found in a decision taken in force of an act tried, that the convicted person committed, during the trial period, an offence or a crime, or an equivalent offence taken into account in accordance with article 99bis of the Criminal Code."
Art. 70. In article 76, paragraph 1er, of the same law, as amended by the law of 27 December 2006, the first is replaced by the following:
"1° if it is found in a decision taken in force of a thing tried, that the convicted person committed, during the period referred to in section 80, an offence or a crime, or an equivalent offence taken into account in accordance with section 99bis of the Criminal Code;".
Art. 71. In Article 95/27, § 1er, of the same law, inserted by the law of 26 April 2007, the 1st is replaced by the following:
"1° if it is found by a decision in force that the convicted person has committed, during the period referred to in section 95/28, an offence or a crime, or an equivalent offence taken into account in accordance with section 99bis of the Criminal Code;".
CHAPTER 5. - Transitional provision
Art. 72. Sections 69 and 71 are not applicable to conditional release and surveillance release granted prior to the entry into force of this chapter.
PART 9. - Transposition of Council Decision 2009/426/JAI of 16 December 2008 on strengthening Eurojust and amending Decision 2002/187/JAI establishing Eurojust to strengthen the fight against serious forms of crime
CHAPTER 1er. - Amendments to the law of 21 June 2004 transposing the decision of the Council of the European Union of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime
Art. 73. Article 7 of the Law of 21 June 2004 transposing the decision of the Council of the European Union of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime, the following amendments are made:
(a) in § 1er, the word "2002/187/JAI" is inserted between the words "Council" and the words "of 28 February 2002";
(b) in § 1er, the words "as amended by Council decision 2009/426/JAI of 16 December 2008" are inserted between the words "of 28 February 2002," and the word "Eurojust";
(c) in § 1er, 4°, the word "pertinents" is replaced by the word "applicable";
(d) in the article are inserted the following paragraphs 1/1 and 1/2:
§ 1/1. As part of the objectives and competencies set out in Articles 3 and 4 of Council Decision 2002/187/JAI of 28 February 2002, as amended by Council Decision 2009/426/JAI of 16 December 2008, Eurojust, acting solely through the Belgian member of Eurojust, may apply to the Federal Prosecutor for:
1° take specific research measures;
2° take any other appropriate action for investigation or prosecution.
§ 1/2. As part of the objectives and competencies set out in Articles 3 and 4 of Council Decision 2002/187/JAI of 28 February 2002, as amended by Council Decision 2009/426/JAI of 16 December 2008, Eurojust, acting as a college, may issue a non-binding opinion to the Federal Prosecutor when:
1° the Belgian member of Eurojust and at least another national member cannot agree on how to resolve a jurisdictional conflict regarding the initiation of an investigation or prosecution;
2° because of the recurring difficulties or refusal of another Member State to execute requests and decisions on judicial cooperation, and provided that these difficulties cannot be resolved by mutual agreement between the competent national authorities or encroach upon the intervention of the national members concerned, the Federal Prosecutor requests Eurojust his opinion. ";
(e) paragraph 1er § 2 is replaced by the following:
"When it receives an application or notice of Eurojust referred to in §§ 1er at 1/2, the Federal Prosecutor shall forward this request or notice to the Crown Prosecutor if the Crown is already seized of the case or, in the cases provided for in sections 479 et seq. of the Code of Criminal Investigation, to the Attorney General if the Crown is already seized, or shall treat the request or notice itself if it is already seized."
(f) in § 2, paragraph 2, the first sentence is supplemented by the words "or opinion".
Art. 74. In section 8 of the Act, the following amendments are made:
1° §§ 1er to 3 are replaced by the following:
§ 1er. When Eurojust addresses an application or notice referred to in Article 7, the Belgian member of Eurojust shall promptly inform the Attorney General who has international relations in his or her powers.
§ 2. The decision not to respond to an application or notice of Eurojust referred to in Article 7 is motivated and communicated to the Belgian member of Eurojust as soon as possible by the Crown Prosecutor, the Attorney General or the Federal Prosecutor who deals with the application or notice.
§ 3. The Federal Prosecutor shall inform the Minister of Justice of any refusal to comply with a request or notice of Eurojust referred to in Article 7, §§ 1er and 1/2.
§ 3/1. When the application emanates from Eurojust acting as a college, its execution can only be refused if this execution may affect essential national interests or jeopardize the conduct of ongoing investigations or the security of a person. ";
2° in § 4, the words ", § 1er and § 1/1 are inserted between the words "article 7" and "is taken".
Art. 75. Section 10 of the Act is replaced by the following:
"Art. 10. § 1er. The Belgian member of Eurojust transmits to the Federal Prosecutor any information that is of interest in investigations or prosecutions conducted by the Public Prosecutor in Belgium.
§ 2. In addition, at the request of the Federal Prosecutor, the Belgian member of Eurojust sends any necessary information. ".
Art. 76. In the same Act, an article 10/1 is inserted as follows:
"Art. 10/1. § 1er. The Federal Prosecutor shall inform the Belgian member of Eurojust of any information necessary to carry out his tssches.
§ 2. Without prejudice to other existing information obligations and in accordance with the agreements defined between them, the Federal Prosecutor shall inform the Belgian member of Eurojust of the following information:
1° the establishment and results of a joint team of investigations, in accordance with Chapter III of the Act of 9 December 2004 on international mutual legal assistance in criminal matters and amending Article 90 of the Code of Criminal Investigation;
2° any file concerning at least three Member States, for which a request or a decision on judicial cooperation was transmitted to at least two Member States and when:
(a) the offence is punishable by a penalty or deprivation of liberty of not less than five years and is one of the following offences:
- articles 433quinquies at 433octies of the Criminal Code;
Articles 379, 380, 381 and 383 bis of the same Code;
- Article 2bis of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that may be used for the illicit manufacture of narcotic and psychotropic substances;
- Articles 10 to 12 of the Act of 5 August 1991 relating to the importation, export, transit and control of arms, ammunition and equipment to be used specifically for military use or the maintenance of order and related technology;
- articles 246 to 250 of the Criminal Code;
- articles 1er and 2 of the Royal Decree of 31 May 1933 concerning declarations to be made in respect of grants, allowances and allowances;
- Article 162 of the Criminal Code;
- Article 505 of the same Code;
- articles 210bis, 504quater, 550bis and 550ter of the same Code; or
(b) there are concrete indications of involvement of a criminal organization as defined in articles 324bis and 324ter of the same Code; or
(c) there are indices of a serious cross-border dimension or incidence at the European Union level or in respect of other Member States other than those directly involved.
3° of proven or probable conflicts of competence in the areas of competence of Eurojust referred to in Article 4 of Council Decision 2002/187/JAI of 28 February 2002 establishing Eurojust to strengthen the fight against serious forms of crime;
4° of controlled, assisted or unassisted deliveries, as referred to in articles 5, 6 and 8 of the Royal Decree of 9 April 2003 on police investigation techniques, concerning at least three States, including at least two Member States;
5° the repeated difficulties or refusals to execute requests and decisions on judicial cooperation issued by another Member State;
6° of the relevant information regarding the procedures and convictions for terrorist offences in accordance with Article 2 of Council Decision 2005/671/JAI of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences.
§ 3. By exception to §§ 1 and 2, the federal prosecutor is not required, in a specific case, to provide information if it is:
1° to infringe essential national security interests; or
2° to compromise the security of a person.
§ 4. Where information is likely to affect key national interests or jeopardize the conduct of ongoing investigations or the security of a person, the federal prosecutor may decide to forward them to the Belgian member of Eurojust with a prohibition to disseminate them without his or her authorization.
§ 5. The terms and conditions for this information exchange are determined by a joint circular from the Minister of Justice and the College of Attorneys General. ".
CHAPTER 2. - Final provision
Art. 77. Article 76 comes into force on a date determined by the King.
PART 10. - Amendments to the Act of 19 December 2003 on the European Arrest Mandate and the transposition of Council Framework Decision 2009/299/JAI of 26 February 2009 amending Framework Decisions 2002/584/JAI, 2005/214/JAI, 2006/783/JAI, 2008/909/JAI and 2008/947/JAI, strengthening the procedural rights of persons and promoting the application of the principle of mutual recognition to decisions rendered by persons
Art. 78. In Article 2, § 6, of the Law of 19 December 2003 on the European arrest warrant, the words "French or German" are replaced by the words "French, German or English".
Art. 79. In article 6, 4°, of the same law, the word ", remains" is inserted between the words "the data subject is Belgian" and the words "or reside in Belgium".
Art. 80. Section 7 of the Act is replaced by the following:
"Art. 7. § 1er. The execution of the European arrest warrant for the execution of a sentence or measure of deprivation of liberty may also be refused if the person concerned did not appear in person at the trial that led to a default judgment, unless the European arrest warrant indicates that the person concerned, in accordance with the other procedural requirements defined in the national legislation of the issuing Member State:
1° in due time, either referred to person and was informed of the date and place set for the trial that led to the default judgment, or was formally and effectively informed by other means of the date and place set for the trial, so that it was unequivocally established that it was aware of the trial planned, and that it was informed that a decision could be made in a non-compulsory manner; or
2° having been informed of the scheduled trial, gave a warrant to a legal council, which was designated either by the interested person or by the State, to defend him at trial, and was effectively defended by that council during the trial; or
3° after being served on the decision and having been expressly informed of its right to a new trial or appeal procedure, to which the person concerned has the right to participate and which allows the case to be re-examined on the merits, taking into account the new evidence, and may result in a failure of the original decision:
(a) expressly stated that it did not contest the decision; or
(b) did not request a new trial or appeal procedure within the time limit; or
4° did not receive the meaning of the decision personally, but:
(a) will receive it personally without delay after the handover and will be expressly informed of its right to a new trial or appeal procedure, to which the person concerned has the right to participate and which allows the case to be reviewed on the merits, taking into account the new evidence, and may result in a failure of the original decision; and
(b) will be informed of the period in which it must request a new trial or appeal procedure, as mentioned in the European arrest warrant.
§ 2. If the European arrest warrant is issued for the purpose of enforcement of a sentence or measure of deprivation of liberty in accordance with the provisions of paragraph 1er, 4°, and if the person concerned has not been formally informed of the existence of criminal proceedings against him, the said person may, at the time the content of the European arrest warrant is brought to his knowledge, request a copy of the judgment before being handed over. As soon as the issuing authority is informed of this application, it shall provide a copy of the judgment to the applicant through the enforcement authority. The applicant's request does not delay the delivery process or the decision to execute the European arrest warrant. The judgment is communicated to the interested party for information only, and this communication is not considered to be an official meaning of the judgment and does not run any of the applicable deadlines to request a new trial or appeal procedure.
§ 3. If the person is surrendered in accordance with the provisions of paragraph 1er, 4°, and if it has requested a new judgment procedure or an appeal procedure, its retention in custody until the end of the said judgment or appeal procedure is examined, in accordance with the law of the issuing Member State, either regularly or at its request. This review includes the possibility of suspending or interrupting detention. The new judgment or appeal procedure begins in good time after delivery. ".
Art. 81. In the same Act, an article 10/1 is inserted as follows:
"Art. 10/1. Within twenty-four hours after the actual deprivation of liberty and before the hearing by the examining magistrate, a written statement of rights shall be given to the person concerned in order to inform him:
1° of its right to be informed of the existence and content of the European arrest warrant or the reporting;
2° of his right to counsel and an interpreter. Counsel's assistance follows the relevant Belgian law rules. The same applies to the possible assistance of an interpreter;
3° that he shall be brought before an investigating judge within 24 hours of his actual deprivation of liberty;
4° of the opportunity offered to consent to his surrender to the judicial issuing authority.".
Art. 82. In Article 11, § 1er of the same law, the third is repealed.
Art. 83. In Article 11, § 4, of the Act, paragraph 2 is replaced by the following:
"These conditions must be of a nature to ensure that the person concerned does not subtract from the action of justice. ".
Art. 84. Section 12 of the Act is repealed.
Art. 85. Article 13, § 1er the Act is replaced by the following:
§ 1er. If the person concerned consents to his or her surrender, the consent is given to the King's Prosecutor, if any, in the presence of his or her lawyer and after she has been informed of the consequences of his or her consent. The King's prosecutor checks on this occasion if the person concerned also agrees to give up the benefit of the speciality rule. ".
Art. 86. Article 13, § 4, of the same law is repealed.
Art. 87. In sections 17 and 18 of the Act, paragraph 1er is supplemented by the words "or the day it is served at home or at his chosen home".
Art. 88. Article 19 of the Act is supplemented by a § 4 written as follows:
§ 4. Any request made by the arrested person or the investigating court that obliges the public prosecutor to obtain additional information or to request documents relating to the guarantees referred to in Articles 7 and 8, by which the processing of the case must be handed over, is deemed to be a request for surrender in accordance with § 3."
Art. 89. In Article 22, § 1er, of the same law, the word "definitive" is inserted between the words "at the latest ten days after the decision" and the words "to execute the mandate".
Art. 90. In section 22 of the Act, § 3 is replaced by the following:
§ 3. The discount takes place within ten days, in accordance with the new agreed date".
Art. 91. In section 23 of the Act, § 3 is replaced by the following:
"In this case, the discount takes place within ten days, in accordance with the new agreed date".
Art. 92. In section 24, § 1, of the Act, paragraph 3 is replaced by the following:
"In this case, the discount takes place within ten days, in accordance with the new agreed date".
Art. 93. In the Schedule to the Act, d) is replaced by the following:
"(d) Indicate whether the individual appeared in person at the trial that led to the decision:
1. Yes, the individual appeared in person at the trial that led to the default judgment.
2. No, the individual did not appear in person at the trial that led to the default judgment.
3. If you have checked the box in point 2, please confirm if:
3.1(a) the person concerned was quoted to person on ... (day/month/year) and was informed of the date and place set for the trial that led to the default judgment. The interested party is informed that a decision may be made in the event of non-compartment;
or
3.1(b) the person concerned has not been cited to anyone, but has been formally and effectively informed by other means of the date and place set for the trial that led the default judgment, so that it has been unequivocally determined that the person concerned has been aware of the scheduled trial, and has been informed that a decision could be made in case of non-comparution;
or
3.2. having been aware of the scheduled trial, the person concerned gave a warrant to a legal counsel, who was appointed either by the person concerned or by the State, to defend him at trial, and was effectively defended by that counsel during the trial;
or
3.3. the person concerned was served by the decision on ... (day/month/year) and was expressly informed of his or her right to a new judgment procedure or an appeal procedure, to which the person concerned has the right to participate and which allows for a review of the case on the merits, taking into account the new evidence, and may result in a failure of the original decision,
"the interested party expressly stated that it did not contest the decision;
or
"the interested party did not request a new trial or appeal procedure within the time limit;
or
3.4 the interested party has not received the meaning of the decision personally, but
- he will receive it personally without delay after the delivery, and
- when it receives it, it will be expressly informed of its right to a new judgment procedure or an appeal procedure, to which the person concerned has the right to participate and which allows the matter to be re-examined on the merits, taking into account the new evidence, and may result in a failure of the original decision; and
- it will be informed of the period in which it must request a new trial or appeal procedure, i.e. ... days.
4. If you have checked the box in point 3.1b), 3.2 or 3.3 above, please indicate how the condition was met:
. . . . . .
. . . . . .
. . . . . .
. . . . . "
PART 11. - Amendment of the Law of 26 June 1990 on the Protection of the Person of Mentally Sick
Art. 94. In section 33 of the Act of 26 June 1990 on the protection of the person of the mentally ill, as amended by the Act of 13 June 2006, the word "physicists-inspections-psychiatres" is replaced by the word "physicists-inspections".
PART 12. - Miscellaneous provisions
CHAPTER 1er. - Legalization
Section 1er. - Amendment to section 28 of the law of 25 ventôse an XI containing organisation of the notariat
Art. 95. Paragraph 2 is replaced by the following:
"Legalization will be done by the Minister of Foreign Affairs. ".
Section 2. - Amendment of Article 600 of the Judicial Code
Art. 96. In section 600 of the Judicial Code, the words "and legalizes the signature of notaries and civil servants of the municipalities of his canton" are repealed.
Section 3. - Repeal of the law of 11 May 1866 which allows justices of the peace to legalize the signature of notaries and civil registration officers of their cantons
Art. 97. The law of 11 May 1866, which allows justices of the peace to legalize the signature of notaries and civil registration officers of their cantons, as amended by the law of 10 October 1967, is repealed.
CHAPTER 2. - Modernization of civil status
Art. 98. Section 34 of the Civil Code, as amended by the Act of March 31, 1987, is replaced by the following:
"Art. 34. The acts of the civil status will set out the year and the day they are received, as well as the names, name and date of birth of all persons concerned.
The King may establish models of acts and, if necessary, add references to acts. ".
Art. 99. In section 38 of the same Code, as amended by the Act of January 14, 2013, paragraph 2 is repealed.
Art. 100. In section 71 of the same Code, replaced by the Act of January 7, 1908, the words "of either sex, parents or non-parents," are repealed.
Art. 101. Section 76, 9°, of the same Code, as amended by the laws of 4 May 1999 and 6 April 2010 is replaced by the following provision:
"9° If applicable, the names, name and date of birth of witnesses;".
Art. 102. In section 78 of the same Code, replaced by the law of May 23, 2006, the words "a parent of the deceased or by" and the word "third" are repealed.
Art. 103. Section 79 of the Code, replaced by the Act of March 31, 1987 and amended by the Act of May 23, 2006, is replaced by the following:
"Art. 79. The death certificate states:
1° the name, name, domicile, place and date of birth of the deceased person;
2 the name and name of the other spouse, if the deceased person was married or widowed;
3° the first names, name, domicile and date of birth of the declarant.".
CHAPTER 3. - Amendments to the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations
Art. 104. In section 17 of the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations, last amended by the Royal Decree of 25 August 2012, the following amendments are made:
1° to § 7, the words "to 137, 139 and 140" are replaced by the words "to 140";
2° the article is supplemented by § 9 as follows:
"§ 9. If applicable, the Commissioners may convene the General Assembly. They must call it at the request of a fifth of the members of the association.
The commissioners attend the general assemblies when they are called to deliberate on the basis of a report prepared by them. ".
Art. 105. In section 37 of the Act, last amended by the Act of January 14, 2013, the following amendments are made:
1° to § 7, the words "to 137, 139 and 140" are replaced by the words "to 140";
2° the article is supplemented by § 9 as follows:
"§ 9. If applicable, Commissioners may call the Board of Directors. They must summon him at the request of the founder or one-fifth of the board members.
Commissioners attend the boards of directors when they are called to deliberate on the basis of a report prepared by them. ".
Art. 106. In section 53 of the Act, last amended by the Act of January 14, 2013, the following amendments are made:
1° in § 6, the words "at 137, 139 and 140" are replaced by the words "at 140";
2° the article is supplemented by § 9 as follows:
"§ 9. Where applicable, the Commissioners may convene the executive body. They must summon him at the request of a fifth of the members of the general governing body.
Commissioners attend the meetings of the executive general body when they are called to deliberate on the basis of a report prepared by them. ".
CHAPTER 4. - Amendment of Article 39 of the Bankruptcy Act of 8 August 1997
Art. 107. Article 39 of the Bankruptcy Act of 8 August 1997, as amended by the Act of 6 December 2005, the current text of which will form § 1er, is supplemented by § 2 written as follows:
"§2. The data listed in this section may also be electronically established, recorded, consulted, amended, integrated and maintained.
The King sets out the terms and conditions for the application of this paragraph.
The registration, consultation, modification, renewal or deletion of the electronic record data may result in the payment of a royalty whose amount, conditions and terms of collection are defined by the King.".
CHAPTER 5. - Amendments to the Corporate Code
Art. 108. In Article 184, § 5, of the Corporate Code, replaced by the Act of 19 March 2012, the following amendments are made:
(a) the 2° is replaced by the following:
"2° all debts to third parties have been refunded or the amounts necessary for their payment have been recorded. ";
(b) a paragraph to read is inserted between subparagraphs 1er and 2:
"If a report is to be prepared by a commissioner, a company reviewer or an external auditor in accordance with section 181, § 1erthird paragraph, the report refers to the reimbursement or designation in its conclusions. ".
CHAPTER 6. - Amendments to the Act of 26 March 2003 establishing a Central Body for Seizure and Confiscation and providing provisions on the constant management of seized property and the enforcement of certain heritage sanctions and the Code of Criminal Investigation
Art. 109. In Article 3, § 3, of the Act of 26 March 2003 establishing a Central Body for Seizure and Confiscation, which contains provisions on the constant management of seized property and the execution of certain heritage sanctions, replaced by the Act of 27 December 2006, the 3rd is replaced by the following:
"3° pursuant to Chapter III, Section 2, shall, upon authorization of the Public Prosecutor's Office or the investigating judge, dispose of the seized assets and the disposition of the alienable assets to the Federal Police; ".
Art. 110. In section 4 of the Act, replaced by the Act of 27 December 2006 and amended by the Act of 30 December 2009, the following amendments are made:
1° in § 2, the word "ten" is replaced by the word "twenty";
2° in § 3, paragraph 2 is replaced by the following:
"The Director maintains a register of persons and categories of persons authorized to consult these data and maintains the register at the disposal of the Privacy Commission. ".
Art. 111. In the same law, an article 9bis is inserted as follows:
"Art. 9bis. § 1er. The Director of the Central Organ may, for the duration that he determines, make available to the Federal Police that he or she has been the subject of a binding alienation decision pursuant to section 28octies or 61sexies of the Code of Criminal Investigation, with the prior agreement of the magistrate who made the alienation decision, subject to the following conditions:
1° the assets of the property are the property of the suspect or of the accused, or the owner of the property may not be identified or attached within a reasonable period of time, or have been made available to a criminal organization referred to in Article 324bis of the Criminal Code, or to the alleged perpetrators of the offences referred to in Article 90ter, §§ 2, 3 and 4, of the Code of Criminal Investigation;
2° the property has been seized in an instruction or information concerning punishable acts committed in the context of a criminal organization referred to in Article 324bis of the Criminal Code, or concerning the crimes or offences referred to in Article 90ter, §§ 2, 3 and 4, of the Code of Criminal Investigation;
3° the federal police use heritage assets as a family father in the course of its operation, which aims to combat or prevent offences under 1°;
4° the federal police do not yet have similar heritage assets or have such assets only to an insufficient extent, and the assets made available to them are useful to the operation referred to in 3°;
5° how the federal police can use the heritage asset cannot prevent the use of the asset for the administration of the dependant or discharged evidence.
The Director shall notify the decision by fax or electronically to the magistrate who has authorized the alienation of the assets made available.
§ 2. The Director General of the Judicial Police, or his or her delegate, may make available to the local police under the above-mentioned conditions that have been made available to the Federal Police. The Director General shall inform the Director of the Central Organ.
§ 3. Heritage cannot be made available to the central or deconcentrated judicial department or to the local police area that has seized the property concerned.
§ 4. The Director of the Central Organ shall establish a description of the state of the property and determine the value of the property before it is used by the police. The Director shall provide the repressive file with the description and determination of the value.
§ 5. The execution of the decision to dispose of the seized heritage property as referred to above is suspended until the disposition is completed.
§ 6. The appeal referred to in articles 28sexies and 61quater of the Code of Criminal Investigation may only be brought within the month of the seizure referred to in § 1er. The applicant may not send or file an application with the same object before the expiry of a one-year period, beginning either on the day of the last decision concerning the same object, or on the day of the expiration of the one-month period referred to above.
§ 7. In the event of restitution to the legitimate owner of the assets made available, any less-value due to the use of a heritage shall result, after compensation with the possible surplus-value, in compensation to the State, the commune or the multi-communal area.
§ 8. In case of confiscation by equivalent, this conviction may be executed on the heritage asset that is still available or on the amount that replaces the alienated heritage asset.
The income of the realized heritage asset that has been made available to the police is increased from the amount of the impairment determined by the criminal judge and this amount relates to the duration of the disposition.
In the event that the disposition of the property has been alienated during the criminal proceedings, the amount that replaces it is increased from the amount of the less-value determined by the criminal judge and that amount relates to the period beginning on the date of the disposition and ends on the date of the effective enforcement of the alienation authorization.
The payment of the less-value to the official of the federal public service Finance who is competent for the recovery of the confiscation by equivalent may be charged, if any, to the State, the commune or the pluricommunal area. ".
Art. 112. In section 35 of the Code of Criminal Investigation, § 2, inserted by the law of 24 December 2002, is repealed.
Art. 113. In section 89 of the same Code, as amended by the Acts of 20 May 1997, 28 November 2000, 19 December 2002 and 24 December 2002, paragraphs 2 and 3 are repealed.
CHAPTER 7. - Amendment of the Private International Law Code
Art. 114. In Article 119, § 2, of the Private International Law Code, the 1st is supplemented by the words ", without prejudice to the individual exercise of the rights referred to in Article 5, 2, of Council Regulation No. 1346/2000 of 29 May 2000 on insolvency proceedings. ".
CHAPTER 8. - Amendments to the Act of 6 December 2005 on the establishment and financing of road safety action plans
Art. 115. In Article 5, § 2, of the Act of 6 December 2005 on the establishment and financing of road safety action plans, a paragraph written as follows is inserted between aliena 1er and 2:
"The amount thus allocated to the Federal Public Service Justice can also be used to finance the part of the processing process managed by the Justice in order to exclusively optimize the collection of fines relating to road offences. ".
Art. 116. Article 6, paragraph 3, of the Act is supplemented by the words "and for the financing of the part of the processing process managed by the Federal Public Service Justice with a view to exclusively optimizing the collection of fines relating to road offences".
CHAPTER 9. - Contribution to the costs of the Random Games Commission
Art. 117. The Royal Decree of 26 November 2012 on the contribution to the operating, personnel and installation costs of the Commission of Random Games due by the licensees of Class A, A+, B, B+, C, E, F1, F1+, F2, G1 and G2 for the calendar year 2013 is confirmed with effect on the date of its entry into force.
CHAPTER 10. - Amendments to the Code of Belgian Nationality
Art. 118. In Article 11 of the Belgian Nationality Code, replaced by the Act of 4 December 2012, the following amendments are made:
(a) in § 1erParagraph 1er, 1°, the word "parents" is replaced by the word "authors";
(b) in § 1er, paragraph 2, the words "of the parent" are replaced by the words "of an author";
(c) in § 2, paragraph 1er, the words "by the parents" are replaced by the words "by the authors" and the words "as long as the parents" are replaced by the words "as long as the authors";
(d) in § 2, paragraph 2, in the first sentence, the words "of his two parents" are replaced by the words "of his two authors";
(e) in § 2, paragraph 2, in the third sentence, the word "parent" is replaced by the word "author";
(f) in § 2, paragraph 3, in the introductory sentence, the word "parent" is replaced by the word "author";
(g) in § 2, paragraph 3 (a), the word "parents" is replaced by the word "authors";
(h) in § 2, paragraph 3, (b), the words "of the parent" are replaced by the words "of the author".
Art. 119. Article 12bis, § 1erin the same Code, replaced by the Act of 4 December 2012, the following amendments are made:
(a) in 3°, (d), the words "the parent of a minor or unemancipated Belgian child" are replaced by the words "the author or adopter of a Belgian child who has not reached the age of 18 or is not emancipated before this ssge";
(b) in 3°, e), first dash, the word "founded" is replaced by the word "organized".
Art. 120. In Article 15, § 2, paragraphs 3, 4, 5 and 6 of the same Code, replaced by the law of 4 December 2012, the word "application" is replaced by the word "report".
Art. 121. In article 19, § 2, of the same Code, replaced by the law of 4 December 2012, the words "aged 18" are replaced by the words "who reached the age of eighteen and".
Art. 122. In section 23 of the same Code, last amended by the Act of 4 December 2012, the following amendments are made:
1° in § 1er the words "Belgian author" are replaced by the words "Belgian author or adopter";
2° § 1er is supplemented by a paragraph that reads as follows: "The Court shall not pronounce the denial in the event that the latter would have the effect of rendering the person concerned stateless, unless nationality was acquired as a result of fraudulent conduct, by false information or by concealing a relevant fact. In this case, even if the person concerned failed to recover his or her nationality of origin, the loss of nationality will only be pronounced upon the expiry of a reasonable period granted by the Court to the person concerned in order to allow him to try to recover his or her nationality of origin. ";
3° in § 8, paragraph 2 is replaced by the following: "In addition, the decision is mentioned on the margins of the act containing the transcript of the approvals of the option or declaration by which the individual had acquired Belgian nationality or of the naturalization of the defendant or of the birth certificate drawn up or transcribed in Belgium if on this act a basis of the acquisition of Belgian nationality was affixed.".
Art. 123. In section 23/1 of the same Code, inserted by the Act of 4 December 2012, the following amendments are made:
1° in § 1er the words "Belgian author" are replaced by the words "Belgian author or adopter";
2° § 2 is replaced as follows: "The judge does not pronounce the demise in the event that the latter would have the effect of rendering the person concerned stateless, unless the nationality was acquired as a result of fraudulent conduct, by false information or by concealing a relevant fact. In this case, even if the person concerned has failed to recover his or her nationality of origin, the loss of nationality will only be pronounced upon the expiry of a reasonable period granted by the judge to the person concerned in order to allow him to try to recover his or her nationality of origin. ";
3° in § 3, a paragraph written as follows is inserted between paragraphs 1er and 2: "In addition, the judgment or judgment is mentioned on the margins of the act containing the transcript of the approvals of the option or declaration by which the individual had acquired Belgian nationality or of the naturalization of the defendant or of the birth certificate drawn up or transcribed in Belgium if on this act a departure from the acquisition of Belgian nationality was affixed."
CHAPTER 11. - The right to land
Art. 124. Article 1er of the Law of 10 January 1824 on Surface Law is replaced by the following:
"Art. 1er. The right of land is the real right that consists of having buildings, structures or plantations, in whole or in part, on, above or below the fund of others.
The right of land may be constituted by any holder of a real property right within the limits of his or her right.".
Art. 125. In section 5 of the same law, the words "owner of the fund" are replaced by the words "constituting the right of land or its right of land".
Art. 126. In section 6 of the same law, the words "owner of the fund" are replaced by the words "constituting the right of land or its right of land".
Art. 127. Section 7 of the Act is replaced by the following:
"Art. 7. If the right of land has been established on, above or below a fund on, above or below which existing buildings, structures or plantations were already located, the value of which has not been paid by the superficiary, the superficiary, the constituent of the right of land or its entitled will resume all at the expiry of the right, without being held in any compensation for these buildings, structures or plantations. ".
CHAPTER 12. - Sponsoring statement
Art. 128. In section 1590, paragraph 1er, of the Judiciary Code, the words "the first business day that follows the one where the legal period of overrun expires" are replaced by the words "in the period in which the statement of command can be made with the benefit of the exemption from the right of proportional registration".
CHAPTER 13. - Dematerialized auctions
Art. 129. Section 1193, paragraph 2, of the Judicial Code, replaced by the Act of 15 May 2009, is supplemented by the following sentence:
"Auctions may be issued in physical or dematerialized form. The terms and conditions of sale determine the mode, terms and time of issuance of the auction. ".
CHAPTER 14. - Amendments to the law of 25 ventôse an XI containing organization of the notariat with regard to the obligation of insurance of notaries, the exercise of the function in a notary society and the limitation of liability
Section 1re. - General provisions
Art. 130. In the law of 25 ventôse an XI containing organization of notariat, the title of section 1re Title II is replaced by the following:
"Number, investment, accounting and insurance of notaries."
Art. 131. Section 34ter of the Act, inserted by Royal Decree No. 213 of 13 December 1935 and repealed by the Act of 4 May 1999, is reinstated in the following wording:
"Art. 34ter. A notary who performs his or her duties outside a notary corporation is required to have his or her civil liability covered by an insurance contract approved by the National Chamber of Notaries, which must guarantee at least the amount of five million euros.".
Art. 132. The title of Section 3 of Title II of the Act is replaced by the following:
"The exercise of the notarial function in society".
Art. 133. Section 50 of the Act, replaced by the Act of 4 May 1999, is replaced by the following:
"Art. 50. § 1er. A notary may, alone or in association, exercise his or her activity in society.
This corporation must adopt the form of a limited liability private corporation or a limited liability cooperative corporation.
The notary, however, remains personally a notary.
Notaries may not perform their duties, in whole or in part, outside the notary society, except when acting as an alternate.
§ 2. Associations may be formed between:
1° of notaries whose residence is located in the same judicial district;
2° of the nominees listed in the table held by a notary's chamber, provided that the association includes at least one notary-titular;
3° of the companies whose shares belong to the persons mentioned under 1° and 2° and whose frame is fixed by the National Chamber of notaries, being understood that the same person cannot participate at the same time in the association through this society and as a natural person.
§ 3. The notary society has for itself the exercise, in the form of association or not, of the function of notary. It may not possess any property other than those provided for in Article 55, § 1er(a), first paragraph.
§ 4. The responsibility of the partners is limited to their contribution.
The liability of the notarial company is limited to five million euros. The notary remains responsible in solidarity with the company for the responsibilities resulting from an offence committed by the notary with a fraudulent intention or intended to harm, without prejudice to the recourse of the company against the notary.
The notary company is required to have its civil liability covered by an insurance contract approved by the National Chamber of Notaries, which must guarantee the maximum provided for in paragraph 2.
§ 5. The certificate of incorporation of the notary corporation and the amendments to the statutes are adopted under suspensive condition of the approval by the notaries' chamber of the company's headquarters.
The Notary Chamber examines the legality of the proposed acts and their compatibility with the rules of ethics. Interested persons may appeal a negative decision of the notary's chamber to the National Chamber of Notaries.
Conventions concluded on a final basis or even executed in a tacit manner, without the approval of the notary's chamber, may be declared null and result in high discipline. ".
Art. 134. In section 51 of the Act, replaced by the Act of 4 May 1999, the following amendments are made:
1° in the first paragraph of § 2, the first sentence is supplemented by the words "or "notary society" and the second sentence is repealed;
2° § 3 is replaced as follows:
" § 3. (a) Only one or more notaries who perform their duties in this notarial society and/or one or more companies referred to in Article 50, § 2, 3° may be manager or administrator of the notarial society. In the last case, a notary who practises his profession in the notarial society will be designated a permanent representative for the exercise of that mandate.
(b) Unless the company is dissolved or its object is modified, the shares in the society cannot be transferred between alive or transmitted because of death, only to a partner, to the notary appointed by the King as successor of a partner or to a new partner. However, the consent of the other partners is required for the transfer or transfer of shares to a partner or new partner.
If the partner fails to consent, the partners are required to return the shares of their former partner by paying the compensation provided for in Article 55, § 3, b). ";
3° in § 4, the word "associated" is replaced by the words "notary of the notary society";
4° in § 5, paragraph 1, the word "associated" is repealed;
5° § 6 is replaced as follows:
§ 6. In case of association, the acts are registered in a single directory opened in the name of the notary society. This directory is held, with the acts registered therein, by the holder notary designated in the company's constitutive contract.
If there is no agreement, the minutes and directories return to the notary of the notary of the notary society which was last appointed as a notary-titular and the archives return to the notary instrumentant.
In the event that the holder notary referred to in the first paragraph ceases to be associated, or in the event of dissolution of the corporation, such acts and directories are transmitted as quickly as possible to another holder notary of the corporation, in accordance with the preceding paragraphs, or, if not, to the newly appointed holder notary. This transmission is immediately brought to the attention of the Crown Prosecutor.
In the event of dissolution of the corporation, its accounting shall be entrusted to the holder notary designated in the corporation's constitutive contract. ".
Art. 135. In Article 52, § 2, paragraph 1er, of the same law, replaced by the law of 4 May 1999, the words "50, § 4" are replaced by the words "50, § 5".
Art. 136. In article 54, paragraph 3, of the same law, replaced by the law of 4 May 1999, the words "51, § 1er"are replaced by the words "51, § 6".
Art. 137. In section 55 of the Act, replaced by the Act of 4 May 1999, the following amendments are made:
1° in § 1er(b), subparagraph 1erthe words "of a society referred to in Article 50, § 1er, b)" are replaced by the words "of a multipersonal society referred to in Article 50, § 2";
2° in § 2, the words "51, § 3" are replaced by the words "51, § 3, b)".
Section 2. - Transitional provision
Art. 138. Notaries who are in office at the time of the entry into force of sections 130 to 137 and who are already in a notarial society, alone or in association, have a period of three years from the date of the entry into force of this chapter to adapt their society to the provisions of this Act if it were not to correspond. As long as this adaptation has not taken place, they do not benefit from the limitation of liability stipulated in Article 50, § 4, of the law of 25 ventôse an XI containing organisation of the notariat.
Notaries and notarial societies are nevertheless required to ensure their civil liability within six months of the coming into force of this chapter in accordance with Articles 34ter and 50 § 4 of the same Law.
CHAPTER 15. - Termination of ex officio mortgage registration and transcript of real estate seizure execution - Amendments to the mortgage law of 16 December 1851 and the Judicial Code
Art. 139. Article 92, paragraph 2, of the Mortgage Act of 16 December 1851 is supplemented by the following sentence:
"Subject to the application of Article 1653 of the Judicial Code, it is the same for registrations of office carried out in accordance with Article 35.".
Art. 140. Article 1570 of the Judicial Code is supplemented by a paragraph which reads as follows:
"Subject to the application of section 1653, the deletion of transcripts relating to real estate seizures executions or their renewal is effected either in accordance with sections 92 to 94 of the Mortgage Act of 16 December 1851, or on the handing over of an exploit of service to which is annexed the act of release signed by the creditor, all without prejudice to section 1584 of the Judicial Code. ".
CHAPTER 16. - Beneficiary acceptance and denunciation of succession before notary
Art. 141. Article 784 of the Civil Code is replaced by the following:
"Art. 784. The renunciation of a succession does not presume: it can only be done at the court of first instance in the borough of which the succession opened, in a particular register held for that purpose, or before a notary.
When made before a notary, the notary shall address by registered mail within fifteen days the declaration of renunciation to the court of first instance in the borough of which the estate opened, with a view to its registration in the register referred to in paragraph 1er".
Art. 142. In section 793 of the same Code, replaced by the Act of 10 October 1967 and amended by the Acts of 3 January 1983 and 29 April 2001, the following amendments are made:
1st paragraph 1er is replaced by the following:
"The declaration of an heir who intends to take this quality only under the benefit of an inventory must be made at the court of the borough in which the succession opened or before a notary; it must be registered in the register to receive the denunciation referred to in section 784. ";
2° a paragraph is inserted between paragraphs 2 and 3:
"When acceptance under inventory benefit is made before notary, the latter shall address by registered mail, within fifteen days after the declaration of acceptance under inventory benefit to the registry of the court of first instance in the borough of which the succession opened, with a view to its registration in the register and its publication in the Belgian Monitor referred to in paragraphs 1er and 2. "
Art. 143. In section 1185 of the Judicial Code, replaced by the Act of 14 July 1976, the following amendments are made:
1st paragraph 1er is completed by the words ", or in front of notary";
2° the article is supplemented by a paragraph written as follows:
"When the renunciation is made before a notary, it acts in accordance with Article 784, paragraph 2, of the Civil Code."
CHAPTER 17. - Amendment of the Organic Law of 27 December 1990 creating budgetary funds
Art. 144. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, last amended by the Act of 19 July 2012, section 12 - Justice is supplemented by the following:
"Denomination of the organic budget fund:
12 - X Road Safety Fund
Nature of income affected:
Maximum 5% of the amount assigned to Article 5, § 1erthe Act of 6 December 2005 on the establishment and financing of road safety action plans.
Nature of authorized expenditures:
- Funding for the execution of alternative measures or penalties, including the improvement of road safety.
- Financing part of the processing process managed by the Federal Public Service Justice with a view to optimizing exclusively the collection of fines relating to road offences. ".
CHAPTER 18. - Amendments to various laws relating to the obligation to accommodate judicial services by municipalities and provinces
Section 1re. - Amendment of the Provincial Law of 30 April 1836
Art. 145. Section 69, 2°, of the Provincial Law of 30 April 1836, as amended by the Act of 10 October 1967, is repealed.
Section 2. - Amendments to the Act of 14 February 1961 on economic expansion, social progress and financial recovery
Art. 146. Sections 77 to 82 of the Act of 14 February 1961 on economic expansion, social progress and financial recovery, as amended by the Act of 10 October 1967 and 15 July 1970, are repealed.
Section 3. - Amendment of the law of 1er April 1971 establishing a Buildings Board
Art. 147. Section 23 of the Act of 1er April 1971 establishing a Buildings Board is repealed.
Section 4. - Amendments to the New Common Law of June 24, 1988
Art. 148. Section 255, 8°, of the New Communal Act of 24 June 1988 is repealed.
Section 5. - Transitional provisions
Art. 149. § 1er. Bsstiments that are made available on 1er January 2014 by municipalities for the accommodation of judicial services are listed in the Schedule to this Act, with each time the mention "to leave" or "to maintain" for renovation or not.
§ 2. With regard to bsstiments leased by municipalities for the accommodation of judicial services, the following provisions are applied:
1° The Buildings Regime takes over the rights and obligations of the leases entered into by the municipalities concerning bsstiments or premises for the accommodation of the judicial services listed in § 1er with the mention "to maintain".
The rights and obligations arising from judicial proceedings pending on the day of the coming into force of this chapter and future remain under the responsibility of the commune.
The expenses for which the payment is due no later than the day of the coming into force of this chapter shall be borne by the municipality provided that either fixed expenses or expenses for which no payment receipts must be submitted, or other debts, provided that they are fixed and that their payment has been requested on a regular basis no later than the day on which this chapter comes into force.
The Buildings Regime is responsible for the payment of rents from the first contractual date of payment after this chapter comes into force. There will be no compensation for rent paid by the municipalities prior to the coming into force of this chapter.
2° leases of buildings or premises for the accommodation of judicial services listed in § 1er with the mention "to leave", may be terminated by the commune for the next due date.
The Buildings Authority shall reimburse the municipality for the rent of the buildings concerned that relate to the period between the coming into force of this chapter and the next due date.
After the end of the lease or from the following first due date, the Buildings Regime is responsible for hosting the relevant judicial services.
§ 3. For buildings that are the property of the municipality the following provisions are applied:
1° No later than ten years after the entry into force of this chapter, the Régie des Bâtiments acquires, to the amicable or expropriation, the property of the buildings or premises intended for the accommodation of the judicial services listed in § 1er with the mention "to be maintained", or concludes a lease with the commune concerning these properties.
Priority will be given to the acquisition of buildings or premises that urgently require renovation.
2° No later than ten years after the entry into force of this chapter, the Buildings Regime provides for new accommodation for judicial services housed in buildings or premises listed in § 1er "to leave."
It will be given priority to buildings or premises where the accommodation conditions meet the least the needs. The priorities are set in agreement between the Minister of Justice and the Minister or the relevant Secretary of State for the Buildings Board.
3° Pending the acquisition or taking of lease under 1° and 2°, sections 77 to 82 of the law of economic expansion, social progress and financial recovery of 14 February 1961 and section 23 of the law of 1er April 1971, establishing a Buildings Regime, is applicable, provided that the Buildings Regime resumes the State's compensation obligations referred to in Article 81 of the aforementioned Act of 14 February 1961.
Art. 150. The list referred to in section 149 may be amended by Royal Decree on a joint proposal by the Minister of Justice and the Minister or the competent Secretary of State for the Buildings Board.
Section 6
Art. 151. The Communes may not, except as previously agreed by the Bsstiments Board, and under penalty of compensation from the Bsstiments Board, enter into new leases relating to bsstiments or premises for compulsory accommodation of judicial services, or amend the terms of existing leases.
Section 7. - Entry into force
Art. 152. This chapter has effect from 1er January 2014.
CHAPTER 19. - Amendment of the law of 3 April 1953 of judicial organization
Art. 153. In the table in section 1er of the Act of 3 April 1953 of a judicial organization, replaced by the Act of 20 July 1998 and last amended by the Act of 31 December 2012, are amended as follows:
1° the number "45" in the column "Advisors" in regard to the seat of Brussels, is replaced by the number "48";
2° the number "33" in the column "Greffiers" in regard to the seat of Brussels, is replaced by the number "35".
Art. 154. This chapter has effect from 1er January 2014.
CHAPTER 20. - Miscellaneous changes in adoption
Section 1re. - Modification of the Civil Code concerning the procedure for regulating adoption procedures carried out abroad by persons habitually residing in Belgium
Art. 155. In section 365-6, § 2, of the Civil Code, inserted by the law of 11 April 2012, the following amendments are made:
1° the word "five" is replaced by the word "four";
2° 5° is repealed;
3° § 2, whose existing text will form paragraph 1er, is supplemented by a paragraph 2 which reads as follows:
"In the event that the federal central authority has been able to verify that the conditions referred to in 1°, 2° and 4° are met, it requests the competent community central authority, in order to verify whether the condition referred to in 3° is also met, a reasoned opinion as to whether to allow regularization given the best interests of the child and the rights recognized under international law. The opinion of the competent central community authority includes respect for the principle of subsidiarity, the child's aptability and the existence for the child of another durable family-type care solution other than international adoption. ".
Section 2
Amendment of Article 1231-25 of the Judicial Code
Art. 156. In section 1231-25 of the Judicial Code, inserted by the Act of 24 April 2003, the words "paragraphs 3 and 4" are replaced by the words "paragraph 2".
Section 3. - Transitional provision
Art. 157. Section 155 applies to requests for regularization that are being processed within the federal central authority on the day this chapter comes into force.
Section 4. - Entry into force
Art. 158. This chapter comes into force on the day following its publication in the Belgian Monitor.
CHAPTER 21. - Amendments to articles 76 and 101 of the Judicial Code
Art. 159. Section 76 of the Judicial Code, last amended by the Act of 21 April 2007, is supplemented by a paragraph written as follows:
"The Council Chamber may sit in prison to deal with cases under articles 21, 22 and 22bis of the Act of 20 July 1990 on preventive detention [...].".
Art. 160. Section 101 of the same Code, last amended by the Act of 3 December 2006, is supplemented by a paragraph written as follows:
"The Trial Chamber may sit in prison to deal with cases pursuant to Article 30 of the Act of 20 July 1990 on pretrial detention [...].".
Art. 161. Articles 159 and 160 have effect from 1er January 2014.
CHAPTER 22. - Amendments to the Act of 20 July 1990 on preventive detention
Art. 162. In section 24bis, inserted by the law of 27 December 2012, the following amendments are made:
1° the existing text will constitute § 1er;
2° in § 1er, the 1st is supplemented by the words "in accordance with the provisions of Article 23, 2°";
3° the article is supplemented by a § 2 written as follows:
"§2. The investigating judge may, at the request of the King's Prosecutor, at any time of the proceedings, decide by a reasoned order that he or she communicates directly to the King's Prosecutor that the arrest warrant or order or the order or detention of pre-trial detention carried out in the prison shall be executed from that time on by electronic custody. ".
Art. 163. In section 25, § 2, paragraph 3, of the same law, replaced by the law of 31 May 2005 and amended by the law of 27 December 2012, the words "or the modification of the modality of the execution of it" are repealed.
CHAPTER 23. - Amendments to the legislation on temporary frameworks in appeals courses and general prosecutors
Section 1re. - Amendments to the Act of 29 November 2001 setting a temporary framework for counsellors to resorb the backlog in appeal courses
Art. 164. In section 2 of the Act of 29 November 2001 establishing a temporary framework of advisers to resolve the backlog in appeals courses, last amended by the Act of 31 December 2012, the words "of twelve years" are replaced by the words "of fourteen years".
Art. 165. In article 3, paragraph 1er, of the same law, last amended by the law of December 31, 2012, the words "of twelve years" are replaced by the words "of fourteen years".
Section 2. - Amendments to the Act of 14 December 2004 amending the Act of 3 April 1953 of judicial organization, the Act of 2 July 1975 defining the framework of the staff of the courts of first instance and section 211 of the Judicial Code
Art. 166. In Article 8, paragraph 1er, from the law of 14 December 2004 amending the law of 3 April 1953 of judicial organization, the law of 2 July 1975 determining the framework of the staff of the courts of first instance and section 211 of the Judicial Code, last amended by the law of 31 December 2012, the number "2013" is replaced by the number "2015".
Art. 167. In article 9, paragraph 1er, of the same law, last amended by the law of December 31, 2012, the number "2013" is replaced by the number "2015".
Section 3. - Amendments to the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of judges in overcrowding, with respect to the Court of Appeal of Ghent
Art. 168. In article 3, paragraph 1er, of the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of judges overnumbered, with respect to the Court of Appeal of Ghent, last amended by the Act of 31 December 2012, the number "2013" is replaced by the number "2015".
Art. 169. In article 4, paragraph 1er, of the same law, last amended by the law of December 31, 2012, the number "2013" is replaced by the number "2015".
Art. 170. In Article 5, paragraph 1er, of the same law, last amended by the law of December 31, 2012, the number "2013" is replaced by the number "2015".
Section 4. - Amendment of the Act of 20 December 2005 on various legal provisions
Art. 171. In section 8 of the Act of 20 December 2005 on various legal provisions, last amended by the Act of 31 December 2012, the number "2013" is replaced by the number "2015".
Section 5. - Amendment of the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, with respect to the Court of Appeal of Mons
Art. 172. In sections 4 and 5 of the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, in respect of the Court of Appeal of Mons, last amended by the Act of 31 December 2012, the figure "2013" is each time replaced by the number "2015".
Section 6. - Entry into force
Art. 173. This chapter produces its effects from 1er January 2014, with the exception of sections 164 and 165 that produce their effects from December 18, 2013.
CHAPTER 24. - Changes in the framework of alternate judges
Section 1re. - Amendment of the law of 3 April 1953 of judicial organization
Art. 174. In Table III "Tribunals of First Instance" annexed to the Law of 3 April 1953 of Judicial Organization, replaced by the Law of 1er December 2013, the number "7" in the column titled "Alternative judges", the number "7" in relation to "Dutch Brussels" is replaced by the number "8".
Section 2. - Amendment of the Act of 14 December 1970 defining the framework of substitute judges in labour courts and trade tribunals
Art. 175. In the table in the Single Article of the Law of 14 December 1970, which determines the framework of substitute judges in the labour courts and the commercial courts, replaced by the Law of 1er December 2013, the following amendments are made:
1° in the column titled "Tribunals of Work", the number "4" in relation to "Brussels Neerlandophone" is replaced by the number "5";
2° in the column titled "Trade Tribunals", the number "10" compared to "Brussels Neerlandophone" is replaced by the number "8".
Section 3. - Entry into force
Art. 176. This chapter comes into force on 1er April 2014.
CHAPTER 25. - Amendments to the law of 19 July 2012 on the reform of the judicial district of Brussels
Art. 177. In the law of 19 July 2012 on the reform of the judicial district of Brussels, last amended by the law of 6 January 2014 on the Sixth Reform of the State concerning the matters referred to in Article 77 of the Constitution, an article 53/1 is inserted as follows:
"Art. 53/1. In section 16 of the Act, the following amendments are made:
1° in § 1eramended by the law of September 23, 1985, the words "the Brussels Correctional Court" are replaced by the words "the correctional courts of the judicial district of Brussels";
2° in § 2, as amended by the law of 11 July 1994, paragraph 3 is supplemented as follows:
"In cases where the emergency warrants it, the judge initially seized may, on an interim basis, and during the time required by the necessity of the emergency, continue to deal with the case, if necessary, with the assistance of an interpreter. ";
3° in § 2, as amended by the law of 11 July 1994, paragraph 4 is supplemented as follows:
"According to the case, the judge forwards the case to the Brussels Police Court of the other linguistic role or to the Brussels Correctional Court of the other linguistic role.".
Art. 178. In the same law, last amended by the Act of 6 January 2014 on the Sixth State Reform concerning the matters referred to in Article 77 of the Constitution, an article 53/2 is inserted as follows:
"Art. 53/2. In section 21 of the Act, a paragraph is inserted between paragraphs 2 and 3:
"If it arises from the application of paragraph 1er the need to change the language of the proceedings, the court refers the case to the jurisdiction of the same order of the other linguistic role where applicable in the same administrative district. When the case is under investigation and the urgency warrants it, the judge initially seized may, on an interim basis, and during the time required by the necessity of the emergency, continue to deal with the case with, if necessary, the assistance of an interpreter.".
Art. 179. Sections 177 and 178 come into force on 1er April 2014.
CHAPTER 26. - Amendment of the Act of 30 July 2013 establishing a Family and Youth Court
Art. 180. In article 199 of the Act of 30 July 2013 establishing a family and youth court, in new article 1253ter/5, paragraph 5, of the Judicial Code, the words "on the notification that has been made to them by a judicial officer at the request of one of the parties" are replaced by the words "after the notice that they make them the clerk, by judicial fold, at the request of one of the parties. ".
CHAPTER 27. - Amendment of a series of provisions relating to disability legislation and the introduction of a new protection status in accordance with human dignity
Section 1re. - Amendments to the Civil Code
Art. 181. In Article 328 of the Civil Code, replaced by the Act of 17 March 2013, including §§ 1er and 2 existing are listed in §§ 2 and 3 respectively.er as follows:
§ 1er. Recognition can be made by an emancipated minor and an unemancipated minor capable of discernment."
Art. 182. In section 331sexies of the same Code, as amended by the Act of 17 March 2013, the following amendments are made:
1° in § 1er, which becomes the single paragraph, the words "and article 332quinquies, the unemancipated minor is, in the actions relating to his filiation, represented, either by asking, or by defending, by his legal representative" are replaced by the words "of article 332quinquies and, with regard to the major, of § 1er/1 of this provision, the unemancipated minor and the major unable to manifest his will, are represented in the actions relating to their filiation, either by asking, or by defending, by their legal representative, or the major unable to manifest his will, if any, is assisted by his administrator";
2° § 2 is repealed.
Art. 183. In section 488/1, paragraph 2, of the same Code, inserted by the Act of 17 March 2013, paragraph 2 is replaced by the following:
"A protection application may be filed for a minor, from the age of seventeen, if it is determined that by majority, it will be in the state referred to in paragraph 1er. Protection comes into force when the protected person becomes a major."
Art. 184. In section 490/1 of the same Code, inserted by the Act of 17 March 2013, the following amendments are made:
1° in § 2, paragraph 1er, the words "and 1243" are replaced by the words "and 1246";
2° in § 3 whose only paragraph becomes paragraph 2, it is inserted a paragraph 1er as follows:
"The agent appreciates the time when the principal is in a situation referred to in section 488/1 or 488/2, if any, in accordance with the terms of reference referred to in section 490. This assessment is opposable to a third in good faith.".
Art. 185. In section 491 of the same Code, restored by the Act of 17 March 2013, (b), (c) and (d) are repealed.
Art. 186. Section 492 of the same Code, restored by the Act of 17 March 2013, is replaced by the following:
"Art. 492. The justice of the peace may order, in respect of the person referred to in sections 488/1 and 488/2, a measure of judicial protection when and to the extent that he or she finds it necessary and that there is insufficient legal or extrajudicial protection.
Before the justice of the peace orders a judicial protection measure, the clerk shall check in the central register held by the Royal Belgian Notary Federation if a warrant contract or a decision to terminate the contract referred to in Article 490 of the Civil Code has been registered. If this is the case, it shall transmit by the notary or the clerk of the justice of the peace where the warrant contract has been filed a certified true copy.
The measure of extrajudicial protection remains applied to the extent that it is compatible with the measure of judicial protection. If applicable, the justice of the peace shall determine the conditions under which the mandate may be pursued."
Art. 187. In section 492/1 of the same Code, inserted by the Act of 17 March 2013, the following amendments are made:
1° in § 1er, paragraph 3, 7°, the words "Article 327" are replaced by the words "Article 328";
2° in § 1er, paragraph 3, 9°, the words "and parental prerogatives" are inserted after the words "on the person of the minor";
3° § 1er, paragraph 3, is supplemented by a 19th written as follows:
"19° to consent to the removal of bodily material from living persons, referred to in section 10 of the Act of 19 December 2008 on the obtaining and use of human bodily material for human medical applications or for scientific research purposes. ";
4° § 1er is supplemented by a paragraph that reads as follows:
"The inability to exercise the parental authority referred to in paragraph 3, 9° results in the inability to exercise the legal administration referred to in § 2, paragraph 3, 17°. ";
5° in § 2, paragraph 3, insert a 14/1° as follows:
"14/1° to conclude or amend a convention referred to in article 1478, paragraph 4;".
Art. 188. In article 492/4, paragraph 1er, of the same Code, inserted by the Act of 17 March 2013, the words "Articles 1241 and 1246 of the Judicial Code are applied." are replaced by the words "Article 1246 of the Judicial Code and, if it is a request for a cessation of the judicial protection measure, Article 1241 of the Judicial Code are applied."
Art. 189. In article 493/2 of the same Code, inserted by the law of 17 March 2013, the words "the cause of the measure" are replaced by the words "the cause of the protection measure taken on the basis of article 488/1".
Art. 190. In section 496/3 of the same Code, inserted by the Act of 17 March 2013, the following amendments are made:
1° in paragraph 2, the words "or a foundation of public utility which provides, for the persons to be protected, a committee established by statute to assume administrations" are inserted between the words "a private foundation, which devotes itself exclusively to the person to protect" and the words ", taking into account";
2° in paragraph 3, the words "or a foundation of public utility which provides, for the persons to be protected, a committee established by statute to be responsible for the administration" are inserted between the words "a private foundation that devotes itself exclusively to the person to protect" and the words ", or the agent referred to in section 490";
3° the article is supplemented by a paragraph, written as follows:
"If the justice of the peace wishes to designate a private foundation or a public utility foundation as an administrator, he shall verify beforehand whether the statutes of the foundation and the regulations made in accordance with the statutes are consistent with the objectives and provisions of this chapter. ".
Art. 191. In Article 496/4, § 2, paragraph 2, of the same Code, inserted by the Act of 17 March 2013, the words "relative to the administration of property" are repealed.
Art. 192. Article 496/6, 2°, of the same Code, inserted by the Act of 17 March 2013, is supplemented by the words "or a foundation of public utility that provides for persons to protect from a statutory committee to assume the administrations".
Art. 193. In section 497/2 of the same Code, inserted by the Act of 17 March 2013, the following amendments are made:
1° 11° is repealed;
2° in the 13°, the words "with the exception of the exercise of the legal administration of the property of the minor referred to in Book Ier, title IX," are inserted between the words "the minor child of the protected person," and the words "and prerogatives";
3° the 24° is supplemented by the words "and the prescribed of Article 499/7, § 4".
Art. 194. In article 498/1, paragraph 1er, of the same Code, inserted by the law of 17 March 2013, the words "of a class of determinated acts or acts pursuing a specified objective" are replaced by the words "of a category of determinable acts or acts pursuing a specified objective. In the latter case, the justice of the peace explicitly specifies, in his or her order under section 492/1, the acts relating to this objective".
Art. 195. In article 499/7, § 2, 5°, of the same Code, inserted by the law of 17 March 2013, in the Dutch version, the words "ten algemene titel" are replaced by the words "onder algemene titel".
Art. 196. In section 499/17 of the same Code, inserted by the Act of 17 March 2013, the following amendments are made:
1° § 1er is replaced by the following:
"If the justice of the peace terminates the mission of the person's administrator by an order under sections 492/4, paragraph 1er, or 496/7 or if the judicial protection measure is terminated in full accordance with section 492/4, paragraph 3, the justice of the peace shall charge the administrator of the person to file a final report to the Registry, within the month of the date of the termination of his or her mission referred to in the order, in accordance with section 499/14, § 1er.
The order referred to in paragraph 1er also requires the administrator to transmit a copy of the final report to the protected person, to the person in respect of whom the judicial protection measure has ended or to the new administrator of the person, and, where applicable, to the property administrator and to the trusted person. The justice of the peace may, however, exempt the person's administrator from transmitting this report to the protected person, provided that the person is not in a position to be aware of it.
The justice of the peace also specifies in his or her order, the day on which and the time on which the administrator, the protected person, the person in respect of whom the judicial protection measure ended or the new administrator of the person, and, where applicable, the property administrator and the trusted person must appear in the board's chamber. The order is notified to them by judicial fold.
At the established time and day, a report shall be prepared stating whether or not the report has been submitted and approved.
Any approval of the report prior to the date of the minutes referred to in paragraph 4 is void. ";
2° in § 2, the words "as well as an inventory of movable property" are replaced by the words "as well as a list of movable property in its possession and which must be handed over to the right person", and the words "of the inventory of movable property" by the words "of the list of movable property in its possession and which must be given to the right person";
3° in § 2, paragraph 3, the words "protected, to the person" are inserted between the words "to the person" and the words "to which";
4° § 2, paragraph 3, is supplemented by the words "The justice of the peace may, however, dispense the administrator of the property to transmit this report to the protected person, provided that it is not capable of knowing it. ";
5° in § 2, paragraph 4, the words "the protected person" are inserted between the words "the administrator," and the words "the person in respect of whom".
Art. 197. Section 499/19 of the same Code, inserted by the Act of 17 March 2013, is replaced by the following:
"Art. 499/19. § 1er. The administrator's mission ends at the time of the death of the protected person.
§ 2. In the event of the death of the protected person during the administration, the justice of the peace may, by derogation from § 1erauthorize, on an ex officio basis or at the request of the administrator, the trustee or any interested person as well as the Crown Prosecutor, the property administrator, in the absence of heirs who had reported to the administrator, to continue his or her mission up to two months after that death.
In this case, the administrator's powers are limited to the payment of the remuneration and allowances referred to in section 497/5 of the Civil Code, the funeral expenses and other privileged claims referred to in sections 19 and 20 of the Mortgage Act of 16 December 1851, as well as the costs of stay in the home of rest, provided that they are prior to the death of the protected person.
By derogation from section 499/17, § 2, the administrator shall deposit, during the period referred to in paragraph 1erits final report and account at the Registry, where the heirs of the protected person and the notary responsible for the declaration and division of the estate may be aware of it. This provision applies without prejudice to the application of sections 1358 et seq. of the Judicial Code. ".
Art. 198. In section 905, paragraph 1er, of the same Code, restored by the law of 17 March 2013, in the word "judicial" is replaced by the word "judicial".
Art. 199. In section 908 of the same Code, re-established by the Act of 17 March 2013, the words "The same prohibition applies to the ascendants or descendants of that administrator or judicial agent, as well as to his spouse or legal cohabitant." are repealed.
Art. 200. Section 1478 of the same Code, replaced by the Act of 23 November 1998 and amended by the Act of 17 March 2013, is supplemented by three paragraphs as follows:
"The protected person who, pursuant to Article 492/1, § 2, paragraph 3, 14/1°, has been declared incapable of entering into or amending a convention referred to in the preceding paragraph, may conclude or amend such a convention after having obtained, at his request, the authorization of the justice of the peace referred to in Article 628, 3°, of the Judicial Code, on the basis of the project established by the notary.
Sections 1241 and 1246 of the Judicial Code are applicable.
In particular cases, the justice of the peace may authorize the administrator to act alone, or authorize him to assist the protected person. The procedure provided for in Article 1250 of the Judicial Code is applicable. A copy of the notarial bill is attached to the request. "
Art. 201. In section 2003, paragraph 2, of the same Code, as amended by the Act of 17 March 2013, the words "When the Warrant Officer" are replaced by the words "With respect to the mandates referred to in section 489, when the Warrant Officer".
Art. 202. Article 2005 of the same Code is supplemented by a paragraph written as follows:
"The status of the principal referred to in section 488/1 or 488/2 shall not be opposed to any third party who has treated in the ignorance of that revocation except to the appellant's appeal against the agent. ".
Section 2. - Amendments to the Judicial Code
Art. 203. Section 598 of the Judicial Code, replaced by the Act of 14 January 2013 and amended by the Act of 17 March 2013, is replaced by the following:
"Art. 598. The justice of the peace attends:
1° to the shares to which minors are interested, protected persons who have been declared incapable under section 492/1 of the Civil Code, alleged absent persons and persons interned by application of the Act of 21 April 2007 on the internment of persons with mental disorder;
2° if it decides, to the public sales of immovable property to which minors are interested, protected persons who have been declared incapable under Article 492/1 of the Civil Code, alleged absent persons and persons interned by application of the Act of 21 April 2007 relating to the internment of persons with mental disorder as well as to the public sales of immovable property dependent on successions accepted under the benefit of vacant masses,
It shall exercise the prerogatives provided for in articles 1192 and 1206. ".
Art. 204. In article 628, 3°, of the same Code, replaced by the law of 17 March 2013, the words "to 490/3" are replaced by the words "to 490/2".
Art. 205. Article 1238, § 1er, of the same Code, replaced by the Act of 17 March 2013, is supplemented by a paragraph written as follows:
"The justice of the peace who is seized in accordance with paragraph 1ermay decide on all measures referred to in articles 490/1, 490/2 and 492/1 of the Civil Code."
Art. 206. In article 1239, paragraph 2, of the same Code, replaced by the law of 17 March 2013, the number "2°" is replaced by the number "1°".
Art. 207. In section 1240 of the same Code, replaced by the Act of 17 March 2013, the following amendments are made:
1° in paragraph 2, the words "the part" are replaced by the words "the applicant";
2° in paragraph 3, 2°, the words "or a foundation of public utility which, for the person to be protected, has a committee established by statute and charged with ensuring the administrations" are inserted after the words "private foundation that devotes itself exclusively to the protected person";
3° in paragraph 4, the words "a certificate of residence" are replaced by the words "a certificate of domicile".
Art. 208. In section 1241 of the same Code, replaced by the Act of 17 March 2013, the following amendments are made:
1° in paragraph 2, the words "when the person is examined" are replaced by the words "on the basis of the updated medical data such as the patient's file referred to in section 9 of the Patient Rights Act of 22 August 2002 or a recent examination of the person";
2° in paragraph 3, 5°, the number "2011" is replaced by the number "2001";
3° Paragraph 3 is supplemented by a 6° written as follows:
"6° if the health of the person to be protected is on the list referred to in section 492/5, paragraph 1er"Civil Code."
Art. 209. In section 1242 of the same Code, replaced by the Act of 17 March 2013, the following amendments are made:
1° in paragraph 3, the comma after the word "self" is repealed;
2° Paragraph 4 is replaced by the following:
"The clerk shall check at the same time whether a warrant contract, referred to in section 490 of the Civil Code, or a statement containing the choice of a director and trustee has been registered in the central register held by the Royal Belgian Notary Federation and shall, where appropriate, send to the notary or the clerk of the justice of the peace where the warrant contract has been filed or before which the act of designation of a director and a person who has been certified
Art. 210. In section 1246 of the Code, replaced by the Act of 17 March 2013, the following amendments are made:
1° in § 1er, the words "and 1476, § 2, paragraph 7," are replaced by the words ", 1476, § 2, paragraphs 7 and 1478, paragraph 5," and the words "331sexies, § 2," are repealed;
2° in § 2, paragraph 2, the words "the part" are replaced by the words "the applicant";
3° in § 2, paragraph 3 is replaced by the following:
"If the request is based on Article 490/2, § 2, of the Civil Code, the principal and the agent shall be summoned to be heard by the justice of the peace. In other cases, the protected person, the administrator and, where appropriate, the trusted person are summoned to be heard by the justice of the peace. The clerk addresses the summons by judicial fold. ";
4° in § 2, paragraph 5 is replaced by the following:
"People summoned by judicial fold in accordance with paragraph 3 become parties to the case, unless they object to the hearing. The clerk shall notify the parties of this provision in the judicial fold. ".
Art. 211. In section 1250 of the same Code, replaced by the Act of 17 March 2013, the following amendments are made:
1° in paragraph 1er, the words "and 1397/1, paragraph 3," are replaced by the words ", 1397/1, paragraph 3, and 1478, paragraph 7,"
2° in paragraph 2, the words "He may summon the protected person, the trusted person and the administrator to hear them in the board's room." are replaced by the words "He may summon the principal, the agent, the protected person, his trusted person and his administrator to hear them in the board's room. In the cases referred to in articles 490/2, § 1er4, 4, 496/7, paragraph 1er, from the Civil Code, these persons are in any case called. The clerk addresses the summons by judicial fold. ";
Paragraph 3 is replaced by the following:
"People summoned by judicial fold in accordance with paragraph 2 become parties to the case, unless they object to the hearing. The clerk shall notify the parties in the judicial fold. ".
Art. 212. In section 1252 of the same Code, replaced by the Act of 17 March 2013, the following amendments are made:
1° in § 2, paragraph 2, the words "the part" are replaced by the words "the applicant";
2° in § 2, paragraph 3, the words "The summons by the clerk shall be sent to the parties within five days" shall be replaced by the words "The summons shall be sent by judicial fold and sent to the parties by the clerk within five days";
3° § 2 is supplemented by a paragraph written as follows:
"People summoned by judicial fold in accordance with paragraph 3 become parties to the case, unless they object to the hearing. The clerk shall notify the parties in the judicial fold. ".
Section 3. - Amendment of the Act of 8 August 1983
organizing a national register of natural persons
Art. 213. In article 3, paragraph 1er, 9° /1, of the law of 8 August 1983 organising a national register of natural persons, inserted by the law of 17 March 2013, the words "article 1249/1" are replaced by the words "article 1249, paragraph 1er"
Section 4. - Amendment of the Patient Rights Act of 22 August 2002
Art. 214. In Article 14, § 1erParagraph 1er, of the Act of 22 August 2002 on the Rights of the Patient, replaced by the Act of 17 March 2013, the words "protected under section 492/1 of the Civil Code" are repealed.
Section 5. - Amendment of the Act of 19 December 2008 on the obtaining and use of human body equipment for human medical applications or for scientific research
Art. 215. In section 10 of the Act of 19 December 2008 on obtaining and using human body equipment for human medical applications or for scientific research, the following amendments are made:
1° in § 1er, the words "on a major donor who has previously consented to it in accordance with the provisions of § 5" are replaced by the words "on a major donor who is not subject to a judicial protection measure referred to in Article 492/1, § 1er, paragraph 3, 19°, of the Civil Code and which has previously been granted in accordance with the provisions of § 5";
2° in § 3, paragraph 1er, the words "and major persons who fall under the statute of the extended minority or the prohibition, or who are not in a position to exercise their rights themselves, as referred to in Article 14 of the Law of 22 August 2002 on the Rights of the Patient" are replaced by the words "and on major persons who have been declared incapable of exercising these rights under Article 492/1, § 1er, paragraph 3, 19°, of the Civil Code, or who are unable to demonstrate their will to exercise their rights, within the meaning of article 14 of the Law of 22 August 2002 on the Rights of the Patient";
3° in § 3, paragraph 2, the words "Articles 12, 13 and 14" are replaced by the words "Articles 12 and 14".
Section 6. - Amendments to the Act of 17 March 2013 reforming disability regimes and establishing a new protection status in accordance with human dignity
Art. 216. Section 227 of the Act of 17 March 2013 reforming disability regimes and establishing a new protection status in accordance with human dignity, is supplemented by a paragraph written as follows:
"The application for a judicial protection measure referred to in paragraph 2 must be submitted to the competent justice of the peace for the organization and supervision of the provisional administration or guardianship. The competent justice of the peace may, if necessary, apply paragraph 2. It is then carried out in accordance with Article 1247 of the Judicial Code. ".
Art. 217. In the same Act, an article 230/1 is inserted, which reads as follows:
"Art. 230/1. The declarations made pursuant to Article 488bis, B, § 2 and § 3, of the Civil Code shall, after the entry into force of this Law, be considered as statements made in accordance with the corresponding provisions of Articles 496 and 496/1 of the Civil Code.".
Art. 218. In the same Act, an article 230/2 is inserted as follows:
"Art. 230/2. Sections 227, 228 and 230 are applicable by analogy to the provisional administrations regulated prior to the coming into force of this Act pursuant to section 29 of the Social Defence Act of 9 April 1930 with respect to abnormals, ordinary offenders and perpetrators of certain sexual offences.".
Art. 219. In section 231 of the Act, the words ",1°, " are repealed.
Section 7. - Transitional provision
Art. 220. The provisions amended by this chapter continue to apply to the measures of protection of provisional administration referred to in Article 488bis of the Civil Code, guardianship of extended minors or persons declared incapable, parental authority over extended minors and assistance by a judicial council, which were taken at the time of the coming into force of the law of 17 March 2013 reforming the regimes of incapacity and instauranterTitle XI, Chapter II/1 of the Civil Code or shall be extinguished.
Section 8. - Entry into force
Art. 221. This chapter comes into force on 1er September 2014.
CHAPTER 28. - Amendments to the Social Criminal Code
Art. 222. Section 162 of the Social Criminal Code is replaced by the following:
"Art. 162. Payment of workers’ compensation
Is punished by level 2, the employer, the employee or the agent who:
1° did not pay the worker's remuneration or paid it on the date on which it is due;
2° shall be reimbursed by members of his staff all or part of the additional contributions to which the employer is liable pursuant to the laws relating to family allowances for employed workers, coordinated on December 19, 1939;
3° did not pay the holiday tolls due or did not pay them within the time and in accordance with the regulations prescribed by the laws relating to the annual holidays of employees, coordinated on June 28, 1971.
The minimum and maximum of the criminal fine or administrative fine is multiplied by 12 when on the one hand the minimum wage applicable in the sector concerned is not paid to the worker - or in the case of part-time work the portion of the minimum wage that is proportionately due - or has not been paid at the date on which the remuneration is payable, and that, on the other hand, there are several offences of two or more
For offences covered by this article, the fine is multiplied by the number of workers involved. ".
CHAPTER 29. - Amendments to the law of 7 January 2014 amending the statute of judicial officers
Art. 223. Article 509 of the Judicial Code, replaced by the law of 7 January 2014 amending the statute of judicial officers, is supplemented by a § 3 written as follows:
§ 3. The judicial officer is personally responsible for the faults he commits in the exercise of his department, whether he exercises it in a society or not. It has the obligation to ensure this liability up to five million euros. However, it can only be held liable to a maximum of five million euros per claim.".
Art. 224. Section 516 of the same Code, replaced by the Act of 7 January 2014 amending the statute of judicial officers, is replaced by the following:
"Art. 516. The judicial borough in which the judicial officer will act and be required to establish his study is determined by the Royal Appointment Order.
The judicial officer prepares his study in the municipality designated by the Minister of Justice. This designation may be amended at the request of the interested party. In the event of a breach, the judicial officer will be considered a resigning officer; Accordingly, the Minister of Justice, after taking the opinion of the court, may propose to the King his replacement.
The judicial officer can only act in the judicial district determined by the royal appointment order.
The provisions relating to territorial jurisdiction provided for in Article 633, § 2, apply by analogy to judicial officers.
The judicial officers who have their residence in the cantons of Limburg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and Verviers or in the judicial district of Eupen can draw up all exploits in these territorial districts. The judicial officers who have their residence in the cantons of Limburg-Aubel, Malmedy-Spa-Stavelot, Verviers-Herve and Verviers, and who wish to instrument in the judicial district of Eupen, however, must demonstrate their knowledge of the German language, in accordance with the provisions of article 2 of the royal decree of 29 November 1993 determining the conditions of candidates ".
Art. 225. Section 518 of the same Code, replaced by the Act of 7 January 2014 amending the statute of judicial officers, is replaced by the following:
"Art. 518. The King sets out the number of judicial officers by judicial district after taking the advice of the Attorney General near the Court of Appeal, the Crown Prosecutor and the National Chamber of Judicial Officers.
The distribution of residences is determined by the King according to the accessibility of the judicial officer for the vigilante.
The number of judicial officers appointed by the King does not include those who have exceeded the age of 70.
If the number of judicial officers in office exceeds the number of judicial officers arrested by the King, the reduction to the latter number only occurs by death, resignation or dismissal."
Art. 226. Section 535 of the same Code, replaced by the Act of 7 January 2014 amending the statute of judicial officers, is replaced by the following:
"Art. 535. The board of directors of the National Chamber of Judicial Officers is involved in disciplinary matters at the intervention of the rapporteur, either on his or her own motion or on the written denunciations of the Crown Prosecutor or the rapporteur of a district chamber.".
Art. 227. Section 536 of the same Code, replaced by the Act of 7 January 2014 amending the statute of judicial officers, is replaced by the following:
"Art. 536. The member concerned is informed by the rapporteur of the National Chamber, by registered mail, in the month following the acquaintance of the fact by the rapporteur.
This letter is signed by the rapporteur and sent by the secretary, who takes note of it. It describes the fact that the interested person is questioned and informs the person of the place and the hours in which he or she may be aware of the file.
The interested person may make his remarks verbally or in writing and ask to be heard. The rapporteur may intercede and attempt to reconcile the parties. The rapporteur instructed the file and drafted a report."
Art. 228. Section 537 of the same Code, replaced by the Act of 7 January 2014 amending the statute of judicial officers, is replaced by the following:
"Art. 537. § 1er. If the steering committee considers that the matter is disciplinary, it shall forward the file to the disciplinary board.
§ 2. If the steering committee considers that the fact does not result in disciplinary proceedings, a reasoned decision is established. The steering committee shall communicate its decision by registered mail to the complainant, if the referral of the steering committee was the result of a complaint, to the individual and to the competent king's prosecutor and to the borough chamber's rapporteur, if the referral of the steering committee was the result of a denunciation. The procurator of the competent King is the head of the judicial district where the judicial officer concerned has his residence.
If the complainant or member of the borough board cannot agree to the decision in paragraph 1er, it is permissible for him to ask the rapporteur, by registered mail, within fifteen days of sending the decision, to submit the file to the disciplinary committee for the investigation of the complaint.
The King's Prosecutor may request the referral to the Disciplinary Commission within fifteen days of the decision being sent. ".
Art. 229. Section 543 of the same Code, replaced by the Act of 7 January 2014 amending the statute of judicial officers, is replaced by the following:
"Art. 543. Within fifteen days of the decision, the decision is notified, by registered mail, to the complainant, the member involved and the competent King's Attorney.
The notice of the decision to the member concerned refers to the possibility of appeal, as provided for in Article 544, and the time limit within which the appeal may be appealed.
A copy of the decision and file is forwarded to the Rapporteur of the National Chamber who has referred the case to the disciplinary committee and to the member's borough board trustee.
The records of the disciplinary commission are kept in the National Chamber. ".
Art. 230. Sections 223 to 229 come into force when the Act of January 7, 2014 amending the statute of judicial officers comes into force.
CHAPTER 30. - Amendment of Article 211 of the Judicial Code
Art. 231. In article 211, paragraph 2, of the Judicial Code, the word "trente-two" is replaced by the word "trente-four" and the word "trente" is replaced by the word "trente et un".
Art. 232. This chapter produces its effects from 1er January 2014.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 25 April 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Minister of Average Class, P.M.E.,
Independents and Agriculture,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Finance,
K. GEENS
The State Secretary at the Régie des Bâtiments,
Deputy Minister of Finance,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 53-3149 - 2013/2014
Full report: 16 January 2014, 2 and 3 April 2014
(*) Senate (www.senate.be)
Documents: 5-2443 - 2013/2014
Annales of the Senate: February 27 and March 13, 2014

Annex