Law On Various Measures Aimed At Improving Collection Heritage Penalties And The Costs Of Justice In Matters Criminal (I)

Original Language Title: Loi portant des mesures diverses visant à améliorer le recouvrement des peines patrimoniales et des frais de justice en matière pénale (I)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009091&caller=list&article_lang=F&row_id=800&numero=830&pub_date=2014-04-08&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-08 Numac: 2014009091 SERVICE PUBLIC FÉDÉRAL JUSTICE 11 February 2014. -Law concerning various measures aimed at improving collection heritage penalties and legal fees in criminal matters (I) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -The criminal investigation of execution (EPE) art. 2. in book II, title IV, of the Code of criminal procedure, it is inserted an Ierbis chapter entitled "criminal investigation of execution".
S. 3. in chapter Ierbis, inserted by section 2, inserted a 1st section entitled 'Concept and general principles'.
S. 4. in the 1st section, inserted by article 3, article be inserted a 464/1 as follows: "article 464/1. § 1.
The criminal investigation of execution, hereinafter referred to as "EPE", is the set of acts tending to research, identification and heritage on which the conviction to the payment of a fine, a special confiscation or legal costs can be executed.
§ 2. The FIE is conducted by and under the authority and direction of the public prosecutor.
The magistrate of the public prosecutor who leads the EPA, hereinafter referred to as "the magistrate FIE", ensures the legality of implementing acts.

§ 3. The FIE is conducted against the author sentenced, hereinafter referred to as 'the condemned', and against third parties who conspire knowingly and voluntarily with the convict to escape his heritage to the execution of enforceable sentences.
§ 4. Except the exceptions provided by law, implementing acts cannot understand any act of coercion or affect freedoms and individual rights. The freedoms and fundamental rights violations tolerated by law cannot exceed what is necessary to achieve the objective of education defined in the § 1.

§ 5. Except the exceptions provided by law, the EPA is secret.
Any person called to provide professional assistance in the EPE is bound to secrecy. One who violates this secret is punishable by the penalties provided for in article 458 of the penal Code.
Without prejudice to the exercise of the right of defence in other criminal proceedings by the convicted person or third parties, the magistrate EPA decides on the authorization of access to the record or to obtain a copy, if the convicted person or a third party with an interest in fact demand. This decision is likely to no remedy.
Without prejudice to the application of article 16bis of the Act of 26 March 2003 on the establishment of a central body for the seizure and forfeiture and bearing of the provisions on the management at constant value of the seized property and the performance of certain heritage sanctions, magistrate EPE may, during education, authorize a civil party to consult the file to inform him of the assets on which the payment of damages enforceable can be performed. The magistrate EPE may restrict the consultation of the file or a copy of it taken to the part of the record for which the civil party may prove an interest.
§ 6. Magistrate EPE communicates, if necessary, any relevant information collected in the context of the EPA and related heritage of the convicted person to the official jurisdiction of the federal public service finance, or informed that official that these information are available to be consulted and taken a copy, to facilitate the collection of confiscation, fines and costs due justice by the convict.
The police officers who are not required by the EPE magistrate shall forthwith communicate and initiative to this magistrate useful information to the EPA that they have collected as part of an information, a statement or an another FIE.
Police officers who, under EPA, have collected information that may be important for information or a current statement or another FIE, wear them immediately to the knowledge of the competent public prosecutor or the competent investigating judge. When they discover in the EPR of the facts which may form an offence or a crime, they shall immediately inform the competent public prosecutor.
Members of the public prosecutor may use your information that have been regularly collected under EPA when they perform their function in other criminal and civil proceedings.
§ 7. The money that the magistrate EPE and the central organ for the seizure and confiscation, hereinafter referred to as the "OCSC", receive or handle within the framework of the EPA are paid as soon as possible to the competent official of the federal public service finance charge of the recovery of the confiscation, the fine and court costs.
§ 8. Without prejudice to the application of article 16bis of the Act of 26 March 2003 on the establishment of a central body for the seizure and forfeiture and bearing of the provisions on management for constant property value entered and on the enforcement of certain penalties heritage, EPA shall not affect the exercise of the right to indemnification or bona fide third parties to execute their claims on the heritage of the condemned in accordance with Book III, title XVIII, articles 7 and 8, of the civil Code.
In the event of civil execution with a seizure competition practiced under with EPA on the same assets, convictions referred to the § 1 are executed by the federal public service finance by the exercise of the rights granted by law to creditors in the distribution by contribution or agenda.
If the convicted person or the third party referred to in § 3 is the subject of collective insolvency proceedings, convictions referred to the § 1 are executed by the federal public service finance by the exercise of the rights granted by law to creditors under the collective insolvency procedure.
To the meaning of this paragraph, a collective insolvency proceeding is bankruptcy, judicial reorganization, the collective settlement of debts or any other collective proceedings judicial, administrative, or voluntary, Belgian or foreign, which implies the realisation of the assets and distribution of the proceeds of this conversion between, according to the case, creditors, shareholders, the shareholders or members.
The remission or reduction of sentences as part of a collective insolvency proceedings or of a civil seizure procedure cannot be granted in accordance with articles 110 and 111 of the Constitution.
The contest with a civil seizure or a collective current insolvency proceeding does not constitute an obstacle to the collection of information on the heritage of the convicted person by the Crown under EPA and communication thereof to the federal public service finance. "."
S.
5. in the same chapter Ierbis, it is inserted a section 2 entitled "of the organs of the investigation".
S. 6. in section 2 inserted by article 5, inserted a section 464/2 as follows: "article 464/2. § 1. EPA is led by and under the authority and the direction of the competent magistrate EPE for execution of the casting condemnation in force of res judicata. This magistrate bears the responsibility.
§ 2. The magistrate EPE can do or accomplish, throughout the territory of the Kingdom, all implementing acts under its jurisdiction.
§ 3. The Member of the public prosecutor about a Court of appeal which leads the EPA is coated quality officer of judicial police auxiliary of the Procurator of the King.
It performs this function under the supervision of the Attorney general.
§ 4. The EPE magistrate may require police services referred to in article 2 of the Act of 5 August 1992 on the function of police to carry out, with the exception of the limits laid down by law, all enforcement actions necessary for the EPA.
Requisitions are sent to the police authority competent and enforced in accordance with articles 8 to 8/3 of the Act of 5 August 1992 on the police function.
Police services communicate to the judge requesting the missions report that they have made and the information that they have collected on this occasion. "."
S. 7. in the same section 2, inserted an article 464/3 as follows: "article 464/3. § 1.
Magistrate EPE may, in the cases it determines, instruct the Director of the OSCSC conduct a FIE in its name or ask him to assist him during the EPA that it leads itself.
The OCSC Director may propose office in the EPE magistrate to conduct a FIE by the OCSC. It may also propose office to judge to assist the EPA that he leads.
§
2. The EPA mandated the OCSC can only be conducted by a magistrate of the OCSC, which bears the responsibility.
§ 3. Without prejudice to the provisions of article 464/2, § 1, branch of education is in the hands of the magistrate of the OCSC to which this investigation has been entrusted. It performs its mission under the authority and direction of the Director of the OCSC.
If the OCSC ready assistance in the framework of the EPA conducted by magistrate EPE, it does so in close consultation with this judge.
§ 4. In the exercise of the mission referred to in § 2, the OCSC magistrate who leads the EPA has the same skills as the magistrate EPE.
It can accomplish, throughout the territory of the Kingdom, all implementing acts under its jurisdiction.
It shall have the quality officer of auxiliary judicial police of the Attorney of the King. In this capacity,

It is placed under the supervision of the public prosecutor at the Court of appeal of Brussels.
It can run or run an investigation into the credit referred to in articles 15 and 15A of the Act of 26 March 2003 on the establishment of a body central for the seizure and confiscation and provisions on the management at constant value of seized property and the performance of certain heritage sanctions. This survey on solvency also extends to the execution of sentences in a criminal fine or at the expense of justice.
§ 5. The OCSC magistrate who leads the EPA may be assisted by the OCSC staff and the officials referred to in article 19 of the Act of 26 March 2003 on the establishment of a body central for the seizure and confiscation and provisions on the management at constant value of seized property and the performance of certain heritage sanctions which shall be available to the OCSC.
It may require a service of police under section 464/2, § 4, to enforce implementing acts. "."
S.
8. in the same chapter Ierbis, it is inserted a 3 section entitled "of the initiation of the investigation".
S. 9. in section 3, inserted by article 8 article be inserted a 464/4 as follows: "Art 464/4. § 1. The public prosecutor may open a FIE or load the OCSC failing full payment of special confiscation, fines or court costs imposed, within the time limit fixed by the public prosecutor or the federal public service finance and provided that the amount of the obligation to pay is important. The King determines, on the proposal of the Minister who has Justice in his or her attributions and by a decree deliberated in the Council of Ministers, on the basis of the amount to be recovered of the conviction or the seriousness of the offence that gave rise to the conviction, what is meant by a significant amount of the payment obligation.
The decision of the competent public prosecutor to open a FIE or load the OCSC is likely to no remedy.
§ 2. If it appears from information available the public prosecutor or the federal public service finance that the convicted person has failed or following serious and concrete elements, will bypass the meet his payment obligation, it must be invited in advance to meet special confiscation, fines or court costs. "."
S. 10. in the same chapter Ierbis, section 4 is inserted: 'Jurisdiction of implementing bodies'.
S.
11. in section 4 inserted by article 10, there shall be inserted a 1st sub-section entitled "the ordinary acts of performance".
S. 12. in sub-section 1, inserted by article 11 article be inserted a 464/5 as follows: "article 464/5. § 1.
Magistrate EPE may execute or run as an act of execution by the police required, any act of investigation permitted under the information referred to in article 28A, provided that this Act can contribute to achieving the goal of education defined in article 464/1, § 1.
In the exercise of the jurisdiction referred to in paragraph 1, it is prohibited to a deprivation of liberty in the sense of articles 1 and 2 of the pre-trial detention Act of 20 July 1990.
§ 2. Magistrate EPE may require a police service referred to in article 2 of the Act of 5 August 1992 on the police function to investigate heritage.
The required police service collects information on the possessions and revenues of the convicted person and the third party referred to in article 464/1, § 3.
Unless decided otherwise by the magistrate EPE, the police service that performs the heritage investigation may not resort to the ordinary acts referred to articles 464/7 and 464/12-464/14 or the specific acts as defined in subsection 2 "."
S. 13. in the same subsection 1, it is inserted an article 464/6 worded as follows: "article 464/6. § 1. Magistrate EPE or the required police service can call witnesses, without provision of oath, the convicted person or the third party referred to in article 464/1, § 3, on heritage transactions that have been made by the convicted person and the third party, as well as the composition and location of their heritage.
At the beginning of the hearing, it is indicated that the person to be heard is queried as condemned, of third parties within the meaning of article 464/1, § 3, or witness.
§ 2. The witness answered questions, unless it can invoke a secrecy obligation prescribed by law or if he would accuse is itself an offence.
The convicted person or the third party may either make a statement or answer questions that are asked either to remain silent.
§ 3. If the person to hear wishes to speak in a language other than that of the investigation, appealed to a sworn interpreter either his statements are recorded in his own language, he is asked to note his statement itself.
If the hearing takes place with the assistance of an interpreter, its identity and its quality are provided.

§ 4. It is prepared minutes of hearing of the convicted person, the third party or witness.
If it so requests, the heard person may receive free of charge a copy of the text of his hearing. "."
S.
14. in the same subsection 1, it is inserted an article 464/7 as follows: "article 464/7. The EPE magistrate may appoint a technical adviser who, without provision of oath, give an opinion on the patrimonial situation of the convicted person or the third party referred to in article 464/1, § 3, or certain heritage transactions that have been made by the convicted person and the third. "."
S. 15. in the same subsection 1, it is inserted a section 464/8 as follows: "article 464/8. § 1. Magistrate EPE or the required police service may, with the prior written agreement of the person who has the full enjoyment, entering a place not accessible to the public at any time in order to search and seize goods and materials referred to in articles 464/29, § 2, and 464/30, § 1.

§ 2. Without prejudice to article 464/22, magistrate EPE or required police service may, subject to the prior written agreement of the legitimate user, a search at any time in a private computer system which is located in a place not accessible to the public.
Except opposition of the legitimate user, the EPE magistrate may extend the search to a computer system or part of it located in a place other than that where research is carried out if: 1 ° this extension is required to collect the information referred to in article 464/29, § 2, 2 ° and 2 ° other measures for collecting such information would be disproportionate or there is a risk that , without this extension, this information would be lost.
The extension of the search in a computer system may not exceed the computer systems or parts of such systems to which the persons authorized to use the computer system which is the subject of the measure specifically have access.
If the data collected by the extension of the search in a computer system, in accordance with paragraphs 2 and 3, are useful to achieve the goal of education, they are seized. "."
S. 16. in the same subsection 1, it is inserted article 464/9 as follows: "article 464/9. Magistrate EPE or the required police service may enter a place accessible to the public, while the public is also authorized, in order to search and seize goods and materials referred to in articles 464/29, § 2, and 464/30, § 1. "."
S. 17. in the same subsection 1, it is inserted a section 464/10 as follows: "article 464/10. Magistrate EPE or the required police service may search a boat, vehicle or any other means of transport, both in the circulation that parked on the public highway or in places accessible to the public, if there are serious and concrete indications that there are in the boat, vehicle or conveyance of property or information referred to in articles 464/29 carriers , § 2, and 464/30, § 1, likely to be seized. "."
S. 18. in the same subsection 1, it is inserted a section 464/11 as follows: "article 464/11. Magistrate EPE or the required police service may search the convicted person or a third party within the meaning of article 464/1, § 3, by palpating their body and the clothes they wear, so that control their baggage, if there is serious and concrete evidence they carry on them goods or materials referred to in articles 464/29 § 2 and 464/30 , § 1, likely to be seized. "."
S.
19. in the same subsection 1, it is inserted a section 464/12 worded as follows: "article 464/12. § 1. During the execution of a sentence a confiscation, a fine or costs of justice after the sentenced was found guilty of an offence and liable to one year or a more serious penalty correctional imprisonment the EPE magistrate or the police required service may, by reasoned written decision apply to all organizations and individuals referred to in article 2 of the law of 11 January 1993 on the prevention of the use of the financial support system the laundering and of the financing of terrorism, require the disclosure of the following information: 1 ° the list of bank accounts, Bank safes or financial instruments referred to in article 2, 1 °, of the law of 2 August 2002 on the supervision of the financial sector and financial services, which the convicted person or the third party referred to in article 464/1, § 3 is the owner, agent or the final beneficiary and, where applicable, all particulars thereon;

2 ° the transactions that were carried out for a period determined on one or more of these bank accounts or financial instruments, including details of the account transmitter or receiver;
3 ° data concerning the licensees or agents which, for a specified period, have or had access to these Bank coffers.
The magistrate EPE defines in its decision the form under which the data referred to in paragraph 1 are communicated to him.
§ 2. If it is necessary for the execution of the sentence, the magistrate EPE may also require, by reasoned written decision, that: 1 ° for a renewable period of maximum two months, transactions on one or more of these bank accounts, Bank safes or financial instruments of the convicted person or the third party, be monitored;
2 ° the required person or required body cannot dispose of the claims and liabilities related to these bank accounts, Bank safes or financial instruments for a period as it may determine, but which may not exceed the period between taking knowledge of its requisitions sent by facsimile or registered mail and five working days after the notification of the data referred to magistrate EPE.
The measurement stops automatically at the expiration of the time limit set by the magistrate EPE or payment in full forfeiture, the fine and legal costs due.
§ 3. The required person or an organization required to the § 1 ready sound contest without delay to enforcement measures referred to in §§ 1 and 2.
The person or body who refuses to assist the magistrate EPE requisitions referred to in §§ 1 and 2 is punishable by a prison term of eight days to one year and a fine of twenty-six euros ten thousand euros or one of those penalties only.
The person or the organization or any third party who keeps or manages goods which are the subject of a measure referred to in § 2 and makes them disappear with intent to defraud, is subject to the penalties provided for in article 507 of the penal Code. The attempt is punishable by the same penalties.
§ 4. Any person who, the head of its function, has knowledge of the measures referred to in §§ 1 and 2 or lend support, is required to keep secret.
Any breach of secrecy shall be punished in accordance with article 458 of the penal Code. "."
S. 20. in the same subsection 1, it is inserted an article 464/13 as follows: "article 464/13. § 1. Magistrate EPE or the required police service may, by decision written and reasoned, require the operator of an electronic communications network or the provider of an electronic communications service to provide the following information: 1 ° identification of a Subscriber or habitual user of a service of electronic communications or the electronic means of communication used;
2 ° identification of the electronic communications services to which a given person subscribes or which are usually used by a specific person.
§ 2. Each operator of a network of electronic communications and each provider of an electronic communications service shall communicate all information available within the time and according to the criteria laid down by the royal decree made pursuant to article 46bis, § 2, paragraphs 1 and 2.
Any refusal to provide the data is punishable by a fine of twenty-six to ten thousand euros.
§ 3. Any person who, the head of its function, has knowledge of the extent or lend its assistance is required to keep secret.
Any breach of secrecy shall be punished in accordance with article 458 of the penal Code. "."
S.
21. in the same subsection 1, it is inserted a section 464/14 as follows: "article 464/14. § 1. Magistrate EPE may, by decision written and reasoned, authorize a police service to make an observation.
§ 2. Observation is possible if: 1 ° the other acts of ordinary performance were not enough or cannot reasonably not be sufficient to achieve the objective of education defined in article 464/1, § 1, 2 ° the Act of execution is exclusively applied for the purpose of enforcement of a sentence cast in force of res judicata for payment of confiscation, fines and costs after that the convict was found guilty of an offence and liable to one year or a more serious penalty correctional imprisonment.
§ 3. The authorisation to proceed with the observation is written and contains the following: 1 ° the data of the judicial decision cast in res judicata which reveal that the convicted person is held in payment of confiscation, fines and legal costs after he was found guilty of an offence and liable to one year or a more serious penalty correctional imprisonment;
2 ° the reasons why other acts of ordinary execution were not sufficient or reasonably may not be sufficient to achieve the objective of education defined in article 464/1, § 1;
3 ° the name or, if this is not known, a description as precise as possible to the person or those observed, as well as things, places or the events in the § 1;
4 ° the manner in which the observation will be carried out;
5 ° the period during which the observation may be carried out and which may not exceed three months from the date of authorization.

§ 4. In an emergency, the authority to comment may be granted verbally. This authorization must be confirmed as soon as possible in the form set out in § 3.
§
5. The magistrate EPE may at any moment, in a reasoned way, modifying, extending or extend its authority to observation. It may at any time withdraw his authorization. Whenever authorization is modified, extended, or prolonged, it checks if the conditions referred to in § 2 are always met and proceeds in this regard in accordance with § 3, 1 °, 2 °, 3 ° and 5 °.
§ 6. Police officer responsible for the operational execution of the observation direction reported in writing, complete and consistent to truth, to the magistrate EPE on the implementation of the observations. It sends directly these reports, which are confidential, this magistrate.
§ 7. The police officer referred to in § 6 shall draw up minutes of execution of observation, but no mentions none of the elements that might compromise the police investigation techniques used or the preservation of security and anonymity of the flag and police officers responsible for the implementation of the observation. These elements appear only in the written report referred to in § 6.
II reference is made, in a report the authority to observation and mention is made of the indications referred to in § 3, 1 °, 2 °, 3 ° and 5 °. By written decision, the magistrate confirms the existence of observation authorization given by it.
Written records and the decision referred to in paragraph 2 are attached to the folder of the EPA no later than at the end of the observation.

§ 8. The magistrate EPE retains a separate and confidential file which contains the following parts: 1 ° the authority to observation and the decisions regarding modification, extension or extension;
2 ° authorization to commit offences in accordance with article 464/15;
3 ° confidential reports written by the police officer responsible for the operational management of the implementation of the observation.
The magistrate EPE and the competent public prosecutor are the only ones to have access to this separate and confidential, without prejudice to the right of consultation of the indictments chamber referred to in article 464/18. The contents of this folder is covered by the obligation of professional secrecy. "."
S.
22. in the same subsection 1, it is inserted a section 464/15 worded as follows: "article 464/15. § 1. Without prejudice to the provisions of § 2, it prohibited officials of police, responsible for the execution of an observation, for committing crimes as part of their mission.
§ 2. Are exempt from punishment, police officers who, in the framework of their mission and to the success of it, offend absolutely necessary, with the consent of the magistrate EPE.
The magistrate who gives the agreement, in respect of the provisions relating to the EPA incurs no penalty.
Police officers communicate the magistrate EPE, in writing and prior to the execution of the observation, the offences referred to in paragraph 1 they have the intent to commit.
If this discovery could not take place, the police shall inform without delay the magistrate EPR of the offences they have committed and then provide confirmation in writing. "."
S.
23. in the same subsection 1, it is inserted an article 464/16 as follows: "article 464/16. § 1. Magistrate EPE or the competent public prosecutor may, using indicators, collect all relevant information concerning the heritage on which the conviction to the payment of a confiscation, fines or court costs may be enforced.
The use of indicators within the meaning of this article is the fact, for a police officer, called "official contact", maintain regular contacts with a person called "indicator", which it is assumed that it maintains close relations with one or more persons who are declared guilty of an offence and who are condemned to confiscation, fines or court fees payment accordingly , or with a third party referred to in article 464/1, § 3, which provides the officer to police the information and data requested or not, concerning

the property on which these sentences can be executed.
§ 2. The local Manager of indicators to communicate as soon as possible and spontaneously and directly to the EPE magistrate, in a confidential report, all information to the EPA.
The magistrate EPE retains information in a separate and confidential record. The magistrate EPE and the competent public prosecutor are the only ones to have access to this separate and confidential, without prejudice to the right of consultation of the indictments chamber referred to in article 464/18. The contents of this folder is covered by professional secrecy.
The EPE Magistrate decides if, depending on the importance of the information provided and taking into account the security of the informer, he draws up a report.

§ 3. The Organization of the use of the indicators established in article 47decies, § 2 2 to-6 6, paragraph 2, is applicable to the use of the indicators referred to the § 1. "."
S.
24. in the same subsection 1, it is inserted a section 464/17 as follows: "article 464/17. The magistrate EPE ensures continuous monitoring of the implementation of the observations and the use of indicators by the police in this investigation. "."
S.
25. in the same section 4, it is inserted a 2 subsection titled "of specific implementing acts".
S.
26. in section 2, inserted by article 25 article be inserted a 464/19 as follows: "article 464/19. The EPE magistrate may, by decision written and reasoned, execute or run as an act of execution by the police service required, the acts of investigation which, as part of a statement are the exclusive competence of the investigating judge, if they are necessary to achieve the objective of education defined in article 464/1, § 1.
However, the exercise of the powers referred to in paragraph 1 is limited to implementing acts as defined in this subsection. "."
S. 27. in the same subsection 2, it is inserted a section 464/22 worded as follows: "article 464/22. The EPE magistrate may, by decision written and reasoned, or have search by required police service in a place not accessible to the public in order to search and seize goods and materials referred to in articles 464/29 § 2 and 464/30, § 1.
No search may be performed before five o'clock in the morning and after nine o'clock in the evening. "."
S. 28. in the same subsection 2, it is inserted a section 464/23 as follows: "article 464/23. The EPE magistrate may extend the search that he perform or have performed by the police service required in a computer system or part of it to a computer system or part of it located in a place other than that where research is carried out if: 1 ° the extension is necessary to collect the information referred to in article 464/29 , § 2, and 2 ° if other measures for collecting such information would be disproportionate, or where there is a risk that, without this extension, this information is lost. "."
S. 29. in the same subsection 2, it is inserted a section 464/24 as follows: "article 464/24. § 1. Magistrate EPE or the required police service may order persons which it assumes that they have special knowledge of the computer system which is the subject of research services that help protect or encrypt the data that is stored, processed or transmitted by a computer, to provide system, in a comprehensible form, information on the functioning of this system and on how to access the stored data processed, or transmitted by it.
§ 2.
Magistrate EPE or required police service may order any appropriate person of switch herself computer system or, where appropriate, search, make available, copy, make inaccessible or remove the relevant data that is stored, processed or transmitted by this system, in the form that was requested. These persons are required to respond, to the extent of their resources.
§ 3. One who refuses to provide the orderly collaboration in the § 1 and 2 or impeding research in the computer system is punished by imprisonment of six months to one year and a fine of twenty-six to twenty thousand euros or one of those penalties only.

§ 4. Any person who, the head of its function, has knowledge of the extent or lend its assistance is required to keep secret.
Any breach of secrecy is punishable in accordance with article 458 of the penal Code. "."
S. 30. in the same subsection 2, it is inserted a section 464/25 as follows: "article 464/25. § 1. Magistrate EPE or the required police service may conduct, requiring an operator of an electronic communications network or the provider of an electronic communications service: 1 ° tracking of call data by means of electronic communication from which or to which calls are sent or were sent;
2 ° to the location of the origin or the destination of electronic communications.
In the cases specified in paragraph 1, for each means of electronic communication which call data are identified or for which the origin or destination of the electronic communication is localized, day, time, duration and if necessary, instead of electronic communication are indicated and recorded in minutes.
The magistrate precise FIE in its decision the duration during which the measure may apply, this period cannot exceed, in what concerns future electronic communication data, two months from the date of the order, without prejudice to renewal.
§ 2. Each operator of a network of electronic communication and each electronic communication service provider communicate the information requested within a period and in the manner established by the royal decree made pursuant to article 88bis, § 2, paragraphs 1 and 3.
Any person who refuses to lend technical support to the requisitions referred to in this section is punishable by a fine of twenty-six to ten thousand euros.
§ 3. Any person who, the head of its function, has knowledge of the extent or lend its assistance is required to keep secret.
Any breach of secrecy shall be punished in accordance with article 458 of the penal Code. "."
S. 31. in the same subsection 2, it is inserted a section 464/26 as follows: "article 464/26. § 1.
Magistrate EPE or required police service can listen to, read and record, during transmission, private communications or private electronic communications.
To enable listening, taking the knowledge or direct recording of communications or electronic communications private by technical means, magistrate EPE or required police service may also the knowledge or without the consent of the occupier, the owner or his successors in title, order penetration, at any time, in a home or in a private place.
§ 2.
The extent of surveillance in the § 1 can be ordered if: 1 ° it is applied only to the enforcement of a sentence in force of res judicata, in payment of confiscation, fines and legal costs, pronounced after the sentenced was convicted of an offence in article 90b, § 2 2 to-4 4.
2 ° other ordinary implementing acts were not sufficient or reasonably may not be sufficient to achieve the objective of education defined in article 464/1, § 1.
§ 3. The extent of surveillance in the § 1 may be ordered only in respect of the sentenced person, or in respect of the means of communication or telecommunication regularly used by this person or in respect of the suspected places frequented by. It may be also against the third party referred to in article 464/1, § 3, or in respect of persons responsible be in regular communication with the convicted person or the third party referred to in article 464/1, § 3.
The measure can have on premises used for business purposes, residence or means of communication or telecommunication of a lawyer or a doctor that if he is himself a convicted person or a third party within the meaning of article 464/1, § 3, or if there are serious and concrete clues that reveal that the dwelling or premises used for professional doctor or lawyer are used to subtract the goods or information carriers articles 464/29, § 2, and 464/30, § 1, the execution of the sentence to forfeiture, a fine or court costs.
The measure cannot be executed unless the President or representative of the provincial College of physicians, as appropriate, is notified. These same people will be informed, by the magistrate conducting the investigation, collected telecommunications and communications considers raise of professional secrecy and which will not be recorded in the minutes referred to in § 7.

§ 4. The reasoned decision of the magistrate EPE bearing application addressed to the judge of the application of the sentences mentioned: 1 ° the identity of the offender and, where appropriate, the third party referred to in article 464/1, § 3;
2 ° data of the res judicata a decision reflecting EPA focuses on the enforcement of a sentence to payment of confiscation, fines and legal costs, after the convicted person or a third party referred to in article 464/1, § 3, was found guilty of an offence in article 90b, § 2 2 to-4 4.
3 ° the balance due of the conviction for the payment of confiscation, the fine and court costs;

4 ° the reasons why ordinary implementing acts were enough not or reasonably not be sufficient to achieve the objective of education defined in article 464/1, § 1;
5 ° the identity of the person, the means of communication or electronic communication or place subject to surveillance;
6 ° the proposed period during which the surveillance may be carried out and which may not exceed one month from the signature of the authority granted under section 464/20.
§
5. Magistrate EPE may, with leave of the judge of the application of punishments, extend one or more times the duration of the surveillance measure for a new term which cannot every time exceed one month, with a maximum of six months, without prejudice to its decision to terminate the measure as soon as the circumstances that justified it disappeared.
The expiry of the maximum period, execution monitoring measurement may be renewed subject to authorization of the judge of the application of sentences, provided that there are new circumstances, and, for a month each time, with a maximum of six months.
§ 6. The EPE magistrate or police officer responsible for the operational management of the execution of the monitoring measures laid down in article 90quater, § 2 and 4, if they are necessary for the implementation of this measure. The criminal sanctions provided for in article 90quater, § 2, paragraphs 2 and 3 and § 4, paragraphs 3 and 4, shall apply to persons who violate the obligations of cooperation and secrecy.
§ 7. The police service responsible for the execution of the monitoring load: 1 ° select and transcribe the magistrate EPE-controlled parts of records that contain information considered relevant to the EPA regarding the patrimonial situation of the convicted person and the third party referred to in article 464/1, § 3;
2 ° to translate or translate, after authorisation by the magistrate EPE, relevant information in the language in which the FIE is conducted;
3 ° to file records, accompanied by transcriptions, translations and records made under sealed sealed to the secretariat of the public prosecutor who leads the EPA;
4 ° to destroy or be destroyed after permission of the magistrate EPE, recordings, selections of transcription and translations.
Service required police up a report in which he reported on the implementation of the surveillance measure and missions referred to in paragraph 1 and sends it to the magistrate EPE.
The communication or electronic communication that falls within the solicitor-client privilege or secrecy of journalistic sources is not logged in the report drawn up following the mission referred to in paragraph 1, 1 ° and 2 °.
The required police service takes all necessary measures to ensure the integrity and confidentiality of the communication or electronic communication recorded, transcribed and translated up to its submission to the secretariat in accordance with the royal order made in pursuance of article 90septies, paragraph 5.

§ 8. The secretariat of the public prosecutor who leads the EPA ensures the conservation of objects and acts filed pursuant to § 7, paragraph 1, 3 °.
Magistrate EPE takes, in accordance with the royal decree made pursuant to article 90septies, paragraph 5, all necessary measures to ensure the integrity and confidentiality of records, transcripts and translations deposited during their preservation to the secretariat.
The magistrate EPE shall act pursuant to section 464/1, § 5, on the consultation of the objects and documents lodged by the convicted person, the third party referred to in article 464/1, § 3, or any other beneficiary.
The EPE magistrate ordered the destruction of the objects and documents lodged not intended the operation under EPA or which are not usable for the purposes referred to in article 464/1, § 6, no later than at the close of EPE. "."
S.
32. in the same subsection 2, it is inserted an article 464/27 as follows: "article 464/27.
§ 1. The EPE magistrate leading the investigation may authorize a police service to make an observation with respect to a dwelling or own dependence are enclosed within the meaning of articles 479, 480 and 481 of the penal Code.
§ 2. Background and form as well as the implementing conditions laid down in article 464/14 and the ground referred to in article 464/15 are applicable to the referred comment to the § 1.
The magistrate mentioned in its approval of observation the address or the most accurate possible location of target housing to the § 1 to which the observation relates. "."
S.
33. in the same subsection 2, it is inserted a section 464/28 read as follows: "article 464/28.
When during the EPA, there are serious indications that the convicted person or the third party referred to in article 464/1, § 3, wants, as a person moral, subtract its heritage to the execution of the sentence of forfeiture, a fine or costs on this heritage, the EPE magistrate may, if circumstances so require, order the following measures : 1 ° the suspension of the procedure of dissolution or liquidation of the legal person;
2 ° the prohibition of specific heritage transactions that may lead to the insolvency of the Corporation;
3 ° payment of a bond which it sets the amount to the account of the OCSC, to ensure compliance with the measures he ordered.
If the measures referred to in paragraph 1 relate to immovable property, shall be made in accordance with article 464/33.
The Corporation may request the lifting of the measure taken in accordance with article 464/36. "."
S. 34. in the same section 4, it is inserted a subsection 3 entitled "of the arrest to ensure enforcement of the sentence".
S. 35. in sub-section 3, inserted by article 34, article be inserted a 464/29 as follows: "article 464/29. § 1. Magistrate EPE may, by decision written and reasoned, perform or make the required police service to all seizures that can contribute to achieving the goal of education defined in article 464/1, § 1.
Each police officer may proceed ex officio to the seizure of chattels and documents referred to in paragraph 2 which can contribute to achieving the goal of education defined in article 464/1, § 1.

§ 2. Are garnishable: 1 ° all goods movable and immovable, tangible or intangible heritage of the convicted person on which the enforceable sentence to the payment of a confiscation, fines and legal costs can be executed;
2 ° all information materials, in original form or copy, which can be found at the condemned or third parties, which contain information about the heritage by the convict and transactions on the composition and location of its heritage.
§ 3. The elusive property in accordance with articles 1408 1412bis of the Judicial Code or special laws may not be seized.
Data media containing information covered by professional secrecy are elusive. "."
S.
36. in the same subsection 3, it is inserted a section 464/30 as follows: "article 464/30.
§ 1. The EPE magistrate can seize the property referred to in article 464/29, § 2, 1 °, which do not belong to the convicted person under the following conditions: 1 ° there are enough serious and concrete evidence that the convicted person has transferred the property to third, even before that sentencing is passed in force of res judicata, the manifest purpose to prevent or complicate strongly the recovery of confiscation the fine and legal costs;
2 ° the third party knew or reasonably ought to have known that the property had been given him directly or indirectly by a person with a view to removing it from executing a sentence enforceable or possible confiscation, fines or court costs.
In its decision, the magistrate mentioned serious and concrete clues that reveal that the convict to subtract the good recovery of the confiscation, the fine and court costs, as well as the information it is or can be deduced that the third party has knowledge and which justify the seizure. These data are contained in the report drawn up on the occasion of the seizure.

§ 2. The exemptions in accordance with articles 1408 1412bis of the Judicial Code or special laws can only be seized. "."
S. 37. in the same subsection 3, it is inserted a section 464/31 read as follows: "article 464/31. § 1.
Where is carried out the seizure under sections 464/29, 464/30 and 464/32, the striking EPE magistrate or the police department entering writes minutes listing things seized.
§
2. The minutes is presented for signature to the seized, who can receive a copy free of charge.
If the seized refuses to sign the minutes and/or to receive a copy or cannot be contacted, the EPE magistrate or the police officer mentioned on the original and the notification is deemed to be made on the day where writes notes the refusal. If the copy is not delivered immediately, it is sent within 48 hours.
The copy of the minutes contains: 1 ° the warning that the seized cannot divest itself of assets that are the subject of the seizure, on pain of the application of section 507 of the penal Code;
2 ° the references of the case;
3 ° the text of article 507, paragraph 1, of the penal Code. "."
S. 38. in the same subsection 3, it is inserted a section 464/32 as follows: "article 464/32. If the information referred to

article 464/29, § 2, 2 °, are stored in a computer system, but that the seizure of the support is not timely, there is method to the copy of this data, and data necessary to be able to understand them, on media belonging to the authority. In an emergency or for technical reasons, it can be made use of media that are available to persons entitled to use the computer system. "."
S. 39. in the same subsection 3, it is inserted a section 464/33 as follows: "article 464/33. § 1. The magistrate EPE may seize property that constitute a thing within the meaning of article 464/29, § 2, 1 °.

§ 2. The seizure is practised at the request of the magistrate EPE by minutes served on the owner by the EPE magistrate or police service required, the owner. Where appropriate, the minutes of seizure shall be served on the bare owner, to the beneficiary, to the lessee to the superficiary and, where appropriate, to the tenant.
The seizure report contains on pain of nullity: 1 ° a copy of the requisition of the magistrate EPE;
2 ° the identity of the seized, with mention of his name and forename, domicile or, in the absence of domicile, residence and the date and place of birth, whether a natural person, or its name, its legal form, its business number and its head, if it is a legal person;
3 ° a description of the real property on which the arrest is effected in the manner prescribed in article 141 of the mortgage law of December 16, 1851;
4 ° an extract of the cadastral matrix, dating from less than three months;
5 ° the text of this article and article 507, paragraph 1, of the penal Code.

§ 3. Within twenty-four hours of the seizure Act, magistrate EPE or required police service presents the minutes of seizure to the transcript in the office of the mortgage of the place where the property is situated.
Transcription is made by the Registrar of mortgages, under penalty of damages, at the latest within eight days of delivery of the minutes of seizure supra. However, the transcript takes the day of the presentation of this report.
If the Registrar may not proceed with the transcript of the minutes of seizure at the moment where it is required, this fact stated on the original minutes that are left, the day and time when the delivered him has been made.
§ 4. The seizure is not prejudice to the exercise of the right of the owner or any other person entitled to continue to use the immovable property seized as a good father.
§ 5. The civil fruits produced by the property for the duration of the seizure are included in the seizure, unless otherwise determined by the magistrate EPE.
The magistrate EPE may ask the OCSC to handle the cashing of the fruits of immovable property. If the seizure is issued by a magistrate of the OCSC, he may decide ex officio to cash these fruits. Without prejudice to the application of article 464/36 the decision of the magistrate EPE is likely to no remedy.
The OCSC concerns the decision referred to in paragraph (2) to the knowledge of the debtor and the creditor of such income by registered letter or through the delivery of a report. The notification contains the text of this article and article 507, paragraph 1, of the penal Code.
Upon receipt of the notification, all civil fruits that have expired during entry are understood ex officio in the object of the seizure.
The debtor and the creditor cannot divest sums of money included in the object of the seizure in one manner other than that referred to in paragraph 6, on pain of application of article 507, paragraph 1, of the penal Code.
The debtor of income can only proceed with the discharge by payment into the hands of the OCSC. The hands of the creditor payments, which are made after the regular notification of the decision referred to in paragraph 2, shall not apply to the State.
§ 6. Real estate arrest is valid for three years taking courses at the date of his transcript, unless renewal in accordance with § 7. At the expiry of this period, the seizure stops right to produce effects and it is no longer mentioned in the mortgage certificates.
The time limit referred to in paragraph 1 shall be suspended during the process of alienation of immovable property, from the receipt of the authorization to dispose the OCSC or since the date of the decision to dispose of the OCSC magistrate who leads the EPA until the day the property is sold.
At the request of the Director of the OCSC, the Registrar of mortgages briefly mentions the final decision to alienate the immovable property on the margins of the restraining notice transcribed.

§ 7. The EPE magistrate may order the renewal of the seizure before the expiry of the period of validity.
The decision of the magistrate is notified by himself or by the required police service, a notice to the person referred to in § 2, paragraph 1.
The minutes of notification contains the particulars listed in § 2, paragraph 2.
Renewal of transcription occurs on presentation to the Registrar of mortgages of a verbatim record and signed by the EPE magistrate or police service required, containing the indication precise transcription to renew, accompanied by a copy of the requisition of the magistrate.
The renewal term is three years. The new time limit begins the day of renewal of the transcript.

§ 8. If the seizure lifted, shall be made to the notification of the decision of the magistrate EPE or, where appropriate, the judicial decision ordering the lifting, the persons referred to in § 2, paragraph 1, and the competent Registrar of mortgages through the sending of the decision by registered post or delivery by minutes.
The Registrar of mortgages operates on this basis the radiation of the transcript of the minutes after the radiation, it is no longer referred to the seizure in the mortgage certificates. "."
S. 40. in the same subsection 3, it is inserted a section 464/34 as follows: "article 464/34. § 1. The magistrate EPE can enter the amount of money that the garnishee shall pay or things that it must submit to the convicted person or the third party referred to in article 464/1, paragraph 3, with respect to which the arrest is effected.
Shall be included in the subject of the seizure: 1 ° the interests that are due to the holder of the claim after the seizure.
2 ° all terms expired after the entry of a claim concerning periodic income.
§
2. The seizure of a debt, with the exception of a seizure of rights to order or to bearer, is made by written notification of the decision of seizure and seized on the garnishee.
The EPE magistrate or police officer informs the decision by: 1 ° to the dispatch of the decision by fax or by registered mail, or 2 ° to the issuance of a copy free of charge of the seizure report, drawn up by the police officer.
The notification contains the references of the case as well as the text of this article and article 507, paragraph 1, of the penal Code. The notification sent to the garnishee also contains the text of Section 1452 of the Judicial Code.
§ 3. Upon receipt of the notification, the garnishee may not divest itself of the sums or things that are the subject of the seizure, on pain of the application of article 507, paragraph 1, of the penal Code.
The EPE magistrate may order the garnishee transfer sums of money that are the subject of the seizure to the OCSC.
§ 4. The garnishee is entitled to the reimbursement of expenses of declaration. The King fixed the maximum amount of this rebate. "."
S.
41. in the same subsection 3, it is inserted a section 464/35 as follows: "article 464/35.
§ 1. Seized personal property shall be deposited at the registry of the tribunal or the Court from which the EPE magistrate exercises his office.
The registry is responsible for the conservation of the goods seized and registered in a register kept for that purpose.
§ 2. By way of derogation to the § 1, the magistrate EPE can put an end to conservation in nature of the chattel seized and return to the garnishee against payment of a sum of money which it determines the amount.
If the client agrees, the sum paid replaces full the seized property returned.

§ 3. By way of derogation to the § 1, the seized sums are paid on the account opened by the OCSC at a financial institution.
As soon as his account is credited, the OCSC deals with conservation of the sums entrusted to him.
§ 4. By way of derogation to the § 1, the magistrate EPE may ask the OCSC to deal with the management of the effects or seized money in a financial institution, as well as other goods that require special handling.
If a magistrate of the OCSC leads the EPA, he may decide ex officio take effects, sums or property seized in management.
The OCSC may entrust the effects and property seized to an agent or a manager appointed by him.
The magistrate EPE realizes the effects and other properties managed by the OCSC article 464/37. "."
S. 42. in the same subsection 3, it is inserted a section 464/37 as follows: "article 464/37. § 1.
The EPE magistrate may authorize the OCSC to dispose of seized property for auditing the confiscated money, fines and legal fees due.
If a magistrate of the OCSC leads the EPA, it may order the disposition for the same purpose.
§ 2. In consultation with the competent official of the federal public service finance responsible for the recovery of the confiscation of the fine or costs, the OCSC l' OCSC refers to an agent who will deal with the sale of the seized property and sharing the proceeds.

Seized property may be sold at a price lower than the value determined in consultation by the OCSC and his agent.
The procedure of sale of goods takes place in accordance with the provisions applicable to the disposal of property in the context of the information.

§ 3. When decision of alienation carries over a building, the invitation to tender has the effect that the rights of the creditors of the convicted person are carried on the price, subject to the application of article 16bis of the Act of 26 March 2003 on the establishment of a body central for the seizure and confiscation and provisions on the management at constant value of seized property and the performance of certain heritage sanctions.
§ 4. The designated agent deals of distribution by contribution or order pursuant to the provisions of part V of the Code of judicial procedure. "."
S.
43. in the same chapter Ierbis, it is inserted a section 5 entitled "of the costs of the investigation".
S. 44. in section 5 inserted by article 43, it is inserted a section 464/39 as follows: "article 464/39. Education costs include all costs incurred by the application of the acts implementing common and specific, with the exception of staff and operating costs related to the intervention of magistrates, police officers and officials of the federal public service finance concerned.
Fees are responsibility of the convicted person against whom the execution of the confiscation or the recovery of the fine or costs is required.
Costs incurred by irregular acts of performance and costs that are clearly not attributable to the personal behaviour of the convicted person are paid by the State.
If compensation is to be paid for acts of execution referred to in paragraph 1, the rates established by the regulations on the costs of justice in criminal matters shall apply. "."
S. 45. in the same chapter Ierbis, it is inserted a section 6 entitled "from the end of the criminal investigation of execution".
S. 46. in section 6 inserted by article 45, inserted a section 464/41 as follows: "article 464/41. § 1. There is an end to EPA if: 1 ° the condemned met his payment obligation;
2 ° the condemnation is off.
§ 2. If the EPE magistrate considers that the investigation should be terminated, he wears his decision to the knowledge of the competent official of the federal public service finance recovery of confiscation, fines and legal costs, and the Director of the OCSC.

§ 3. No later than one month after the closing of the EPR, the magistrate who led her to invite the secretariat of the competent public prosecutor or the OCSC, as applicable, to notify in writing any person who has made the object of a measure referred to in article 464/26 of the nature of the measure and the dates to which it has been run. "."
CHAPTER 3. -Seizure extended by equivalent art. 47. article 35b of the Code of criminal procedure, inserted by the law of 19 December 2002, is replaced by the following: 'article 35B. § 1. If there are serious and concrete evidence that the suspect got a patrimonial advantage within the meaning of articles 42, 3 °, or 43quater, § 2, of the penal Code and that the things that materialize this heritage benefit cannot or can no longer be found as such in the heritage of the suspect who is in Belgium or are mixed with lawful things the Crown may apply to other things that are the heritage of the person suspected by the amount of the assumed proceeds of the offence. In its decision, the Crown indicates the estimate of this amount and serious and concrete indices for the seizure. These elements are contained in the report drawn up on the occasion of the seizure.
§ 2. The elusive property in accordance with articles 1408 1412bis of the Judicial Code or special laws may not be seized.
§
3. In the case of a seizure of real property or debt, shall be made in accordance with the formalities provided for in articles 35A and 37.
§ 4. The Crown may seize other assets as patrimonial benefits that belong to others, to the following conditions: 1 ° there are enough serious and concrete evidence that the suspect has transferred the property to a third party or financially allowed him to acquire it in the manifest purpose to prevent or complicate seriously implementing a possible special confiscation on a sum of money;
2 ° the third party knew or ought to have reasonably known that the property was transferred directly or indirectly by the suspect, or that he could acquire it with the financial assistance of the suspect to evade the execution of a possible special confiscation on a sum of money.
In its decision, the Crown refers to the serious and concrete clues that reveal that the suspect to subtract the good execution of a possible special confiscation, as well as the spring information or can be deduced that the third party has knowledge. These elements are contained in the report drawn up on the occasion of entry. "."
CHAPTER 4. -Prescription of confiscation articles 48. article 94 of the penal Code, amended by the Act of April 9, 1930, is replaced by the following: 'article 94. the fines will be prescribed within the time limits laid down in the preceding articles, as they will be pronounced for crimes, offences or contraventions.
Special confiscation will be prescribed within the time limits laid down in the preceding articles, as they will be pronounced for misdemeanours or crimes.
Special confiscation pronounced for offences will be prescribed by bygone decade, beginning moments determined by article 92. "."
S. 49. article 97 of the same Code, repealed by Act of April 9, 1930, was re-established in the following wording: "art. 97 § 1.
Confiscation prescription is suspended where the law so provides or where there is a legal impediment to the immediate execution of the death penalty.
§ 2. The limitation period is in any case suspended in the following cases: 1 ° while the condemned subject to collective of legal insolvency proceedings;
2 ° for the treatment of the remedy in grace concerning the criminal confiscation brought by the convicted person or third parties in accordance with articles 110 and 111 of the Constitution;
3 ° for the duration of a settlement plan given to the convicted person by the competent official of the federal public service finance responsible for recovery of confiscation, the fine or legal costs. "."
S.
50. article 98 of the same Code, repealed by Act of April 9, 1930, was re-established in the following wording: "art. 98 § 1. The requirement of confiscation is interrupted by any act of execution issued by the legally competent authorities.
§ 2. The prescription is in any case suspended in the following cases: 1 ° any partial payment made by or for the convicted person to the competent official of the federal public service finance responsible for the recovery of the forfeiture which is not part of a plan of regulation provided by the receiver;
2 ° any request for payment or any notice addressed to the convicted person, by a registered delivery or feat usher, and emanating from the competent official of the federal public service finance responsible for the recovery of the confiscation;
3rd practiced any seized by or at the request of the competent official of the federal public service finance charge recovery of confiscation;
4 ° the decision of the Director of the central organ for seizure and confiscation to investigate the creditworthiness of the convicted person;
5 ° the decision of the public prosecutor to open a criminal investigation in accordance with article 464/1 of the Code of criminal investigation;
6 ° implementing acts made criminal investigation in accordance with article 464/1 of the Code of criminal investigation. "."
CHAPTER 5. -Confiscation in case of suspension of the imposition of the sentence and stay of execution of confiscation articles
51. in article 6 of the Act of 29 June 1964 on suspension, suspension and probation, amended by the law of 19 December 2002, paragraph 2 is replaced by the following: "where the suspension is ordered, the suspect, the accused or the accused is sentenced to the charge and, if applicable, refunds." The court statement or judgement may or must condemn the suspect, the accused or the accused to the special confiscation in accordance with the legislation applicable to the facts. "."
S.
52. in article 8, § 1, of the same law, replaced by the law of 10 February 1994 and amended by the Act of 17 April 2002, paragraph 1 is replaced by the following: "where the convicted person has not incurred previously sentenced to a criminal penalty or a main imprisonment for more than 12 months, the courts may , in condemning a barely working or one or more penalties not exceeding five years, sort, by reasoned decision, it will be stay execution or of the judgment of the judgment, or of all or part of the main or subsidiary penalties. However, it cannot be suspended the execution of a sentence of forfeiture. The decision ordering or refusing the suspended sentence, probation, must be justified in accordance with the provisions of article 195 of the Code of criminal investigation. "."
CHAPTER 6. -The employee of the federal public service finance specialist for the recovery of seizures, confiscations on the basis of an extended entry, the optimisation of monitoring of confiscation abroad

S. 53. in article 197 of the Code of criminal procedure, as amended by the laws of the July 10, 1967, 20 May 1997 and 19 March 2003, paragraph 2 is repealed.
S. 54. article 197bis of the Code, inserted by the Act of March 19, 2003 and replaced by the law of December 27, 2006, is replaced by the following: 'article 197bis. § 1. The proceedings for the recovery of confiscated assets, fines and legal costs will be exercised on behalf of the Crown by the competent official of the Federal Public Service Finance, according to the Director of the central organ for seizure and confiscation.
This official performing the acts and introduces the necessary applications to the recovery or the safeguarding of the rights granted to the Treasury by the judgment or the judgment.
Upon conviction to a forfeiture of a sum of money, a fine or court costs, it can perform the execution on property seized in accordance with the indications of the public prosecutor or the Director of the central organ for seizure and confiscation.
At the request of the Crown or the Director of the central organ for the seizure and confiscation, the proper officer of the Federal Public Service Finance arranges, through the president of the competent acquisition Committee, judicial decisions of confiscation of immovable force of res judicata in the mortgages of the situation of the property office cast.
The introduction of the demand for justice is preceded by a consultation with the Director of the central organ for seizure and confiscation.
§ 2. Legal proceedings for the recovery of confiscated property, fines and legal fees in the criminal investigation of execution carried out by the Director of the central organ for the seizure and confiscation will be exercised on his behalf by an official of the federal public service finance specialist for the recovery of confiscation, designated by the Minister of finance.
The specialized employee performs all the skills granted by the legal and regulatory provisions referred an employee to the § 1.
He may put acts related to the skills of his service throughout the territory of the Kingdom.

§ 3. When the decision of conviction carries special confiscation of things or money found or to recover out of the Kingdom, the Crown transmits a copy of the relevant parts of the repressive file to the Minister of Justice. Notify the central organ for seizure and confiscation by sending a copy.
The public prosecutor may invite the Director of the central organ for seizure and confiscation to establish and to perform on his behalf all acts seeking enforcement of confiscation mentioned above from abroad. To this end, the latter may require the intervention of translators. Costs for these benefits are taxed by the Director and considered charges of justice in criminal matters.
§ 4. A consultative body for the coordination of the recovery of non-tax debts in criminal matters, hereinafter referred to as "consultative body" shall be established within the federal State.
The conciliation body is composed: 1 ° of the administrator of the non-tax collections of the federal public service finance or the representative designated by him;
2 ° the Director of the central seizure and confiscation body or representative it means;
3 ° the Director of the Directorate for the fight against economic and financial crime the federal police or the representative designated by him;
4 ° a representative of the Minister having Justice in his or her attributions;
5 ° a representative of the Minister having finance in his/her attributions;
6 ° a representative of the Member of the federal Government responsible for the coordination of the fight against fraud;
7 ° a representative appointed by the College of Prosecutors General;
8 ° a representative appointed by the Board of procurators of the King.
The Forum promotes collaboration between administrative and judicial authorities referred to in paragraph 2, in respect of their specific skills, for an implementing efficient and effective of judgments in criminal matters concerning convictions enforceable payment of forfeited money to criminal fines, court fees and of the contributions to the Fund of assistance to victims of intentional violence and occasional rescuers referred to in article 29 of the Act of 1 August 1985 amending of fiscal and other measures in Belgium and abroad.
The consultative body may make all useful recommendations for optimal coordination of the execution of sentences referred to in paragraph 3. The president of the consultative body transmits the recommendations to Ministers with Justice and finance within their remit and to the president of the College of Prosecutors General.
The consultative body shall establish its rules of procedure by a simple majority of the members present. The regulation is approved by the Ministers in their charge of Justice and finance. The consultative body chooses unanimously a president among its members for a term of two years. The mandate is renewable.
The Forum meets on convocation of its president, who sets the agenda.
The central organ for seizure and confiscation provides the secretariat for the Forum. "."
CHAPTER 7. -Power of moderation of j. s. 55 article 43bis of the penal Code, inserted by the law of 17 July 1990 and amended by the law of 19 December 2002, is supplemented by a paragraph worded as follows: "judge necessary decreases the amount of patrimonial benefits referred to in article 42, 3 °, or of the monetary assessment referred to in paragraph 2 in order to not submit the sentenced to unreasonably severe punishment."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on February 11, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: complete record 53-2934: 12 December 2013 Senate (www.senate.be): Documents: 5-2405 annals of the Senate: January 30, 2014