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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

11 FEBRUARY 2014. - An Act to Improve the Recovery of Heritage Penalties and Criminal Justice Charges (I)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Criminal Enforcement Investigation (PEE)
Art. 2. In Book II, Title IV, of the Code of Criminal Investigation, a chapter I is insertederbis entitled "From Criminal Enforcement Investigation".
Art. 3. In chapter Ierbis, inserted by article 2, it is inserted a section 1re "Notion and general principles."
Art. 4. In section 1re, inserted by article 3, an article 464/1 is inserted as follows:
"Art. 464/1. § 1er. The enforcement criminal investigation, referred to as "EPE", is all of the acts that tend to the search, identification and seizure of the property on which the conviction to the payment of a fine, special confiscation or legal fees can be executed.
§ 2. The EPR is conducted by and under the authority and direction of the Public Prosecutor's Office.
The magistrate of the Public Prosecutor's Office who leads the EPE, referred to as "the magistrate EPE", ensures the legality of the acts of execution.
§ 3. The EPE is conducted in respect of the convicted author, referred to as the "convict", and in respect of third parties who knowingly and voluntarily conspire with the convict in order to subtract his heritage from the execution of enforceable convictions.
§ 4. Except as provided by law, acts of enforcement may not include any act of coercion or infringe on individual freedoms and rights. Violations of fundamental rights and freedoms tolerated by law cannot exceed what is necessary to achieve the EPR objective defined in § 1er.
§ 5. Except as provided by law, the EPE is secret.
Any person called to lend their professional competition to the EPE is held incommunicado. Whoever violates this secret is punished by the penalties provided for in Article 458 of the Criminal Code.
Without prejudice to the exercise of the right of defence in other criminal proceedings by the convict or third parties, Judge EPE decides on the authorization to consult or obtain a copy of the case, if the convict or a third party of interest so requests. This decision is not subject to appeal.
Without prejudice to the application of section 16bis of the Act of 26 March 2003 establishing a Central Body for Seizure and Forfeiture and providing provisions on the constant management of seized property and the execution of certain heritage sanctions, the EPR magistrate may, during the EPR, authorize a civil party to consult the file in order to inform him of the property assets on which the enforceable conviction may be effected. Judge EPE may limit the consultation of the file or a copy of it to the part of the file in respect of which the civil party may justify an interest.
§ 6. Judge EPE shall, if necessary, disclose all relevant information collected under the EPE relating to the property of the sentenced person to the competent official of the federal public service Finance, or inform the public servant that such information is available to be consulted and copied, with a view to facilitating the recovery of the forfeiture, fines and legal costs due by the convicted person.
Police officers who are not required by the magistrate EPE shall immediately and on initiative communicate to the magistrate the relevant information for the EPE that they have collected as part of an information, instruction or other EPR.
Police officers who, within the framework of the EPE, have collected information that may be important to any current information or instruction or other EPE, shall immediately notify the competent public prosecutor or the competent investigating judge. When they discover the facts that may constitute an offence or a crime during the EPE, they immediately inform the competent public prosecutor.
Members of the Public Prosecutor's Office may use information that has been collected on a regular basis under the EPR when performing their duties in other criminal and civil proceedings.
§ 7. The sums of money that judges EPE and the Central Organ for Seizure and Forfeiture, referred to as the "OCSC", receive or manage within the framework of the EPE are paid as soon as possible to the competent official of the Federal Public Service Finance responsible for the recovery of confiscation, fine and legal costs.
§ 8. Without prejudice to the application of section 16bis of the Act of 26 March 2003 establishing a Central Body for Seizure and Forfeiture and providing provisions on the constant management of seized property and the execution of certain heritage sanctions, the EPE shall not infringe on the exercise of the right of the civil party or third parties in good faith to execute their claims on the property of the convicted person, in accordance with Book III.
In the event of a civil seizure-execution contest with a seizure carried out under the EPE relating to the same property assets, the convictions referred to in § 1er are executed by the federal public service Finance through the exercise of the rights granted by law to creditors in the context of the distribution by contribution or order.
If the convict or third party referred to in § 3 is subject to collective insolvency proceedings, the convictions referred to in § 1er are executed by the federal public service Finance through the exercise of the rights granted by law to creditors under the collective insolvency procedure.
For the purposes of this paragraph, a collective insolvency procedure is bankruptcy, judicial reorganization, collective debt settlement or any other collective judicial, administrative or voluntary, Belgian or foreign, which involves the realization of the assets and the distribution of the proceeds of that realization between, as the case may be, creditors, shareholders, associates or members.
Remission or reduction of penalties under collective insolvency proceedings or civil seizure proceedings may only be granted under articles 110 and 111 of the Constitution.
The competition with civil enforcement or ongoing collective insolvency proceedings does not constitute an obstacle to the collection of information on the property of the sentenced by the Public Prosecutor's Office within the framework of the EPE and the communication of the latter to the federal public service Finance. ".
Art. 5. In the same chapter Ierbis, it is inserted a section 2 entitled "Organizations of the investigation".
Art. 6. In section 2 inserted by section 5, an article 464/2 is inserted as follows:
"Art. 464/2. § 1er. The EPE is carried out by and under the authority and direction of the competent EPE magistrate for the execution of the sentence cast in force of tried thing. This magistrate is responsible for it.
§ 2. The EPE magistrate may perform or enforce, throughout the territory of the Kingdom, all acts of execution that fall within his jurisdiction.
§ 3. The member of the Public Prosecutor's Office near a court of appeal leading the EPE is dressed as a judicial police officer, an assistant to the King's Prosecutor. He exercises this function under the supervision of the Attorney General.
§ 4. The EPE magistrate may request the police services referred to in section 2 of the Police Function Act of 5 August 1992, with a view to carrying out, with the exception of the limits provided by law, all acts of execution required for the EPE.
The requisitions are addressed to the competent police authority and executed in accordance with sections 8 to 8/3 of the Police Function Act of 5 August 1992.
The required police services shall communicate to the requesting magistrate the report of the missions they carried out and the information they collected on this occasion. ".
Art. 7. In the same section 2, an article 464/3 is inserted as follows:
"Art. 464/3. § 1er. Judge EPE may, in the cases that he determines, charge the Director of the OSCSC to conduct an EPR on his behalf or ask him to assist him during the EPR that he conducts himself.
The Director of the OCSC may propose to the EPE Magistrate to lead an EPR by the OCSC. He may also propose to this magistrate to assist the EPR he conducts.
§ 2. The EPE that is assigned to the CCO can only be conducted by a CCO magistrate, who bears responsibility for it.
§ 3. Without prejudice to the requirement of Article 464/2, § 1er, the EPE management is in the hands of the OCSC magistrate to whom this investigation was entrusted. He carries out his mission under the authority and direction of the Director of the CCO.
If the CCO provides assistance in the framework of the EPR carried out by the EPE magistrate, it does so in close consultation with this magistrate.
§ 4. In the exercise of the mission referred to in § 2, the OCSC magistrate who leads the EPE has the same powers as the EPE magistrate.
It may carry out, throughout the territory of the Kingdom, all acts of execution that fall within its jurisdiction.
He is dressed as an auxiliary judicial police officer of the King's Prosecutor. As such, he is placed under the supervision of the Attorney General near the Brussels Court of Appeal.
It may carry out or carry out an investigation into the solvency referred to in sections 15 and 15bis of 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. This solvency investigation also extends to the execution of convictions to a criminal fine or to court fees.
§ 5. The SCO magistrate who leads the SPE may be assisted by the SCO staff and by the officials referred to in section 19 of 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, which are made available to the SCO.
He may request a police service in accordance with Article 464/2, § 4, to carry out acts of execution.".
Art. 8. In the same chapter Ierbis, it is inserted a section 3 entitled "From the initiation of the investigation".
Art. 9. In section 3, inserted by section 8, an article 464/4 is inserted as follows:
"Art 464/4. § 1er. The Public Prosecutor's Office may open an EPE or charge it to the CSO if the special forfeiture, fines or legal fees are not fully paid, within the time limit set by the Public Prosecutor's Office or the Federal Public Service Finance and provided that the amount of the payment obligation is important. The King determines, on the proposal of the Minister who has the Justice in his or her powers and by a deliberate order in the Council of Ministers, on the basis of the amount to be recovered from the conviction or gravity of the offence that has motivated the conviction, which must be understood by a significant amount of the obligation to pay.
The decision of the competent public department to open an EPR or to charge it to the CSOC is not subject to any appeal.
§ 2. If the information available to the Public Prosecutor's Office or the Federal Public Service Finance indicates that the convicted person has omitted or, following serious and concrete elements, fails to comply with his or her obligation to pay, he or she must no longer be required to meet special confiscations, fines or legal fees. ".
Art. 10. In the same chapter Ierbis, it is inserted a section 4 entitled "Competitions of enforcement bodies".
Art. 11. In section 4 inserted by section 10, a sub-section 1 is inserted.re titled "regular acts of execution".
Art. 12. In subsection 1re, inserted by article 11, an article 464/5 is inserted as follows:
"Art. 464/5. § 1er. Judge EPE may execute or enforce as an act of execution, by the required police service, any act of investigation authorized in the context of the information referred to in Article 28bis, provided that this act may contribute to the achievement of the EPR objective defined in Article 464/1, § 1er.
In the exercise of the jurisdiction referred to in paragraph 1er, it is forbidden to take a custodial measure within the meaning of articles 1er and 2 of the Act of 20 July 1990 on preventive detention.
§ 2. Judge EPE may require a police service referred to in section 2 of the Police Service Act of 5 August 1992 to conduct a heritage investigation.
The required police department collects information on the possessions and revenues of the convicted person and the third party referred to in 464/1, § 3.
Unless otherwise decided by the EPE magistrate, the police department conducting the heritage investigation may not use the ordinary acts of execution referred to in sections 464/7, and 464/12 to 464/14, or the specific acts of execution defined in subsection 2.".
Art. 13. In the same subsection 1re, an article 464/6 is inserted as follows:
"Art. 464/6. § 1er. The EPE magistrate or the required police department may hear witnesses, without an oath, the convict or the third party referred to in 464/1, § 3, on the property transactions that have been carried out by the convict and the third party, as well as on the composition and location of their heritage.
At the beginning of the hearing, it is indicated that the person to be heard is questioned as a convict, third parties within the meaning of section 464/1, § 3, or as a witness.
§ 2. The witness answers any questions, except if he may invoke an obligation of secrecy provided for by law or if he would accuse himself of an offence.
A convicted person or a third party may either make a statement or answer the questions asked or shut up.
§ 3. If the person to be heard wishes to speak in a language other than that of the investigation, either a sworn interpreter or his or her statements are noted in his or her language, or he or she is asked to record his or her statement. If the hearing takes place with the assistance of an interpreter, its identity and quality are mentioned.
§ 4. It shall be made a record of the hearing of the convict, third party or witness.
If requested, the person heard may receive a free copy of the text of the hearing. ".
Art. 14. In the same subsection 1re, an article 464/7 is inserted as follows:
"Art. 464/7. Judge EPE may appoint a technical adviser who, without an oath, gives an opinion on the heritage situation of the convict or third party referred to in 464/1, § 3, or on certain property transactions that have been carried out by the convict and the third party. ".
Art. 15. In the same subsection 1re, an article 464/8 is inserted as follows:
"Art. 464/8. § 1er. The EPE magistrate or the required police service may, with the prior written consent of the person who has the effective enjoyment, enter at any time in a place not accessible to the public in order to seek and seize the goods and information materials referred to in articles 464/29, § 2, and 464/30, § 1er.
§ 2. Without prejudice to section 464/22, the EPE magistrate or the required police service may, with the prior and written consent of the legitimate user, conduct at any time a search in a private computer system located in a place not accessible to the public.
Except as opposed to the legitimate user, the EPE magistrate may extend the search to a computer system or part of it that is located in another place than the one where the search is carried out if:
1° this extension is necessary to collect the information referred to in Article 464/29, § 2, 2°, and
2° other measures to collect this information would be disproportionate or there is a risk that, without this extension, this information will be lost.
The extension of the search in a computer system cannot exceed the computer systems or parts of such systems to which people authorized to use the computer system that is the subject of the measurement have specifically access.
If the data collected by the extension of the research into a computer system, in accordance with paragraphs 2 and 3, are useful in achieving the EPR's objective, they are entered.".
Art. 16. In the same subsection 1rean article 464/9 is inserted as follows:
"Art. 464/9. The EPE magistrate or the required police department may enter a place accessible to the public, while the public is also authorized, in order to search for and seize the goods and materials referred to in articles 464/29, § 2, and 464/30, § 1er".
Art. 17. In the same subsection 1re, an article 464/10 is inserted as follows:
"Art. 464/10. The EPE magistrate or the required police department may search a vessel, vehicle or other means of transport, both in traffic and in public traffic or in places accessible to the public, if there are serious and concrete indications in the vessel, vehicle or means of transport of goods or information materials referred to in Articles 464/29, § 2, and 464/30, § 1er, likely to be seized.".
Art. 18. In the same subsection 1rean article 464/11 is inserted as follows:
"Art. 464/11. The judge EPE or the required police department may search the convicted person or a third party within the meaning of Article 464/1, § 3, by removing their bodies and the clothes they wear, as well as by checking their baggage, if there are serious and concrete signs that they bear on them property or information materials referred to in Articles 464/29, § 2, and 464/30, § 1er, likely to be seized.".
Art. 19. In the same subsection 1rean article 464/12 is inserted as follows:
"Art. 464/12. § 1er. In the execution of a conviction for confiscation, a fine or a court charge after the convicted person has been convicted of an offence punishable by a principal correctional penalty of one year or a heavier sentence, the EPE magistrate or the police service required may, by written decision and motivated to request the organizations and persons referred to in section 2 of the Act of 11 January 1993 on the prevention of the use of the financial system for the purposes of
1° the list of bank accounts, bank deposit boxes or financial instruments referred to in Article 2, 1°, of the Act of 2 August 2002 on the supervision of the financial sector and financial services, including the convicted person or third party referred to in Article 464/1, § 3, is the holder, the agent or the final beneficiary and, where applicable, all details on this matter;
2° transactions that have been carried out during a specified period on one or more of these bank accounts or financial instruments, including details of the issuer or receiver account;
3° data concerning holders or agents who, for a specified period of time, have or had access to these bank boxes.
Judge EPE defines in his decision the form in which the data referred to in paragraph 1er shall be communicated to it.
§ 2. If it is necessary for the execution of the conviction, the magistrate EPE may also require, by reasoned written decision, that:
1° for a maximum renewable period of two months, transactions carried out on one or more of these bank accounts, bank deposits or financial instruments of the convicted or third party shall be monitored;
2° the requested person or the requested body may no longer dispose of the receivables and obligations related to these bank accounts, bank deposits or financial instruments for a period that they determine, but which may not exceed the period between the knowledge of his requisitions sent by telefax or registered mail and five working days after the notification of the data referred to in the EPE magistrate.
The measure automatically ceases at the expiry of the time limit set by the EPE magistrate or in the event of full payment of confiscation, fine and legal costs due.
§ 3. The required person or body referred to in § 1er lends its assistance without delay to the execution of the measures referred to in §§ 1er and 2.
The person or body who refuses to lend its assistance to the requisitions of the EPE magistrate referred to in §§ 1er and 2 is punished by imprisonment from eight days to one year and a fine of twenty-six euros to ten thousand euros or only one of these penalties.
The person or agency or any third party who keeps or manages property that is subject to a measure referred to in § 2 and that makes it disappear in a fraudulent intention is liable to the penalties provided for in Article 507 of the Criminal Code. The attempt is punishable by the same penalties.
§ 4. Any person who, from the head of office, has knowledge of the measures referred to in §§ 1er and 2 or lends his contest, is obliged to keep the secret.
Any violation of the secret shall be punished in accordance with Article 458 of the Criminal Code.".
Art. 20. In the same subsection 1rean article 464/13 is inserted as follows:
"Art. 464/13. § 1er. The EPE magistrate or the required police service may, by written and reasoned decision, require the operator of an electronic communications network or the provider of an electronic communications service to provide the following information:
1° the identification of a subscriber or a regular user of an electronic communications service or the electronic means of communication used;
2° the identification of electronic communications services to which a specified person is subscribed or that are usually used by a specified person.
§ 2. Each operator of an electronic communications network and each provider of an electronic communications service shall communicate all information available within the time and in the manner prescribed by the Royal Decree pursuant to Article 46bis, § 2, paragraphs 1er and 2.
Any refusal to disclose the data is punishable by a fine of twenty-six euros to ten thousand euros.
§ 3. Any person who, from the head of his or her office, is aware of the measure or lends his or her assistance is required to keep the secret.
Any violation of the secret shall be punished in accordance with Article 458 of the Criminal Code.".
Art. 21. In the same subsection 1rean article 464/14 is inserted as follows:
"Art. 464/14. § 1er. Judge EPE may, by written and reasoned decision, authorize a police service to make an observation.
§ 2. Observation is possible if:
1° the other ordinary acts of execution have not been sufficient or may reasonably not be sufficient to achieve the EPR objective defined in Article 464/1, § 1er, and
2° the act of execution shall be applied exclusively for the purpose of enforcement of a conviction cast in force of a measure deemed to be payment of forfeiture, fines and legal costs after the convicted person has been convicted of an offence punishable by a principal correctional imprisonment of one year or a heavier penalty.
§ 3. The authorization to make the observation is written and contains the following:
1° the data of the judicial decision cast as a force of evidence that the convicted person is required to pay forfeitures, fines and court fees after he has been convicted of an offence punishable by a principal correctional imprisonment of one year or a heavier penalty;
2° the reasons why other ordinary acts of execution have not been sufficient or cannot reasonably be sufficient to achieve the objective of the EPR defined in Article 464/1, § 1er;
3° the name or, if not known, a description as precise as possible of the person or persons observed, as well as of the things, places or events referred to in § 1er;
4° how the observation will be performed;
5° the period in which the observation may be made and which may not exceed three months from the date of authorization.
§ 4. In the event of an emergency, the observation authorization may be granted verbally. This authorization must be confirmed as soon as possible in the form provided for in § 3.
§ 5. Judge EPE may, at any time, in a reasoned manner, modify, extend or extend his or her compliance authorization. He may at any time withdraw his authorization. Whenever its authorization is amended, extended or extended, it shall verify whether the conditions referred to in § 2 are always fulfilled and shall proceed in this regard in accordance with § 3, 1°, 2°, 3° and 5°.
§ 6. The police officer in charge of the operational direction of the execution of the observation shall report in writing, in full and consistent with the truth, to the EPE magistrate on the execution of the observations. He sends these reports directly, which are confidential, to the judge.
§ 7. The police officer referred to in § 6 shall record the performance of the observation, but shall not mention any of the elements that may compromise the police investigation techniques used or the preservation of the safety and anonymity of the indicator and the police officers responsible for the execution of the observation. These are only included in the written report referred to in § 6.
It is referenced in a report to the authorisation of observation and mention is made of the indications referred to in § 3, 1°, 2°, 3° and 5°. The magistrate confirms, by written decision, the existence of the authorization of observation that he granted.
Minutes and determination referred to in paragraph 2 are attached to the EPR file by the end of the observation.
§ 8. Judge EPE maintains a separate and confidential record that contains the following documents:
1° the authorization of observation and the decisions of modification, extension or extension;
2° the authorization to commit offences in accordance with Article 464/15;
3° Confidential reports prepared by the police officer in charge of the operational direction of the execution of the observation.
Judge EPE and the competent public prosecutor are the only ones who have access to this separate and confidential file, without prejudice to the right of consultation of the board of indictments referred to in 464/18. The content of this file is covered by the professional secret.".
Art. 22. In the same subsection 1rean article 464/15 is inserted as follows:
"Art. 464/15. § 1er. Without prejudice to the provisions of § 2, it is prohibited for police officers, responsible for the execution of an observation, to commit offences under their mission.
§ 2. The police officers who, in the course of their mission and for the success of the mission, are exempted from punishment, commit absolutely necessary offences, with the express agreement of the magistrate EPE.
The magistrate who gives the agreement, in accordance with the EPR provisions, shall not be punished.
Police officers shall communicate to the EPE Magistrate in writing and prior to the enforcement of the observation, the offences referred to in paragraph 1er they intend to commit.
If this prior communication could not take place, the police officers promptly inform the EPR magistrate of the offences they committed and then give written confirmation."
Art. 23. In the same subsection 1rean article 464/16 is inserted as follows:
"Art. 464/16. § 1er. The EPE magistrate or the competent public prosecutor may, using indicators, collect all relevant information regarding the heritage on which the conviction for payment of forfeiture, fine or legal fees may be executed.
The use of indicators within the meaning of this article is the fact that a police officer, called "contact officer", maintains regular contact with a person, called "indicator", of which it is assumed that it maintains close relations with one or more persons who are convicted of an offence and who are sentenced accordingly to the payment of forfeitures, fines or article64 of legal charges, or with a third party who is liable to be executed.
§ 2. The local indicator manager shall communicate, as soon as possible and spontaneously and directly to the EPE magistrate, in a confidential report, all relevant information to the EPE.
Judge EPE retains the information provided in a separate and confidential file. Judge EPE and the competent public prosecutor are the only ones who have access to this separate and confidential file, without prejudice to the right of consultation of the board of indictments referred to in 464/18. The content of this file is covered by professional secrecy.
Judge EPE decides whether, depending on the importance of the information provided and taking into account the safety of the indicator, it shall prepare a report.
§ 3. The use of the indicators established in Article 47decies, § 2 to 6, paragraph 2, shall apply to the use of the indicators referred to in § 1er".
Art. 24. In the same subsection 1re, an article 464/17 is inserted as follows:
"Art. 464/17. The EPE magistrate ensures that the monitoring of the performance of observations and the use of indicators by the police in the course of this investigation is ongoing. ".
Art. 25. In the same section 4, a sub-section 2 entitled "Specific enforcement actions".
Art. 26. In subsection 2, inserted by section 25, an article 464/19 is inserted as follows:
"Art. 464/19. The EPE magistrate may, by written and reasoned decision, execute or enforce as an act of execution by the required police service, the acts of investigation which, within the framework of an instruction, are of the exclusive competence of the investigating judge, if they are necessary to achieve the objective of the EPE defined in Article 464/1, § 1er.
However, the exercise of the jurisdiction referred to in paragraph 1er is limited to acts of execution defined in this subsection.".
Art. 27. In the same subsection 2, an article 464/22 is inserted as follows:
"Art. 464/22. The EPE magistrate may, by written and reasoned decision, carry out or carry out a search in a place not accessible to the public by the requested police service in order to search for and seize the information material and materials referred to in articles 464/29, § 2, and 464/30, § 1er.
No search can be carried out before five o'clock in the morning and after nine o'clock in the evening.".
Art. 28. In the same subsection 2, an article 464/23 is inserted as follows:
"Art. 464/23. The EPE magistrate may extend the research that he or she conducts or performs by the police service required in a computer system or part of it to a computer system or part of it that is located in a place other than that where the search is carried out if:
1° this extension is necessary to collect the information referred to in Article 464/29, § 2, and
2° if other measures to collect this information would be disproportionate or if there is a risk that, without this extension, this information will be lost."
Art. 29. In the same subsection 2, an article 464/24 is inserted as follows:
"Art. 464/24. § 1er. The EPE magistrate or the required police department may order the persons to whom it assumes that they have a particular knowledge of the computer system that is the subject of the research or services that enable the protection or encryption of the data that are stored, processed or transmitted by a computer system, to provide, in an understandable form, information on the operation of this system and on how to access the data stored, processed or transmitted by it.
§ 2. The EPE magistrate or the required police service may order any appropriate person to operate the computer system itself or, as the case may be, to search for, make accessible, copy, make inaccessible or remove any relevant data that is stored, processed or transmitted by that system in the form that it has requested. These people are obliged to follow up, to the extent of their means.
§ 3. Who refuses to provide the orderly collaboration to § 1er and 2 or obstructing research in the computer system is punishable by imprisonment from six months to one year and a fine of twenty-six euros to twenty thousand euros or one of these penalties only.
§ 4. Any person who, from the head of his or her office, is aware of the measure or lends his or her assistance is required to keep the secret.
Any violation of the secret shall be punished in accordance with Article 458 of the Criminal Code.".
Art. 30. In the same subsection 2, an article 464/25 is inserted as follows:
"Art. 464/25. § 1er. The EPE magistrate or the required police service may require an operator of an electronic communication network or the provider of an electronic communication service:
1° to the identification of electronic means of call data from which or to which calls are sent or sent;
2° to the location of the origin or destination of electronic communications.
In cases referred to in paragraph 1er, for each electronic means of communication whose appeal data are identified or for which the origin or destination of the electronic communication is located, the day, time, duration and, if necessary, the place of electronic communication is indicated and recorded in a minutes.
The EPE magistrate specifies in his decision the period during which the measure may apply, that period may not exceed, with respect to future electronic communication data, two months from the date of the order, without prejudice to renewal.
§ 2. Each operator of an electronic communication network and each provider of an electronic communication service shall communicate the information requested within a period of time and in accordance with the terms and conditions established by the Royal Decree pursuant to Article 88bis, § 2, paragraphs 1er and 3.
Any person who refuses to lend technical assistance to the requisitions referred to in this article shall be punished by a fine of Euro20 to Euro10 thousand.
§ 3. Any person who, from the head of his or her office, is aware of the measure or lends his or her assistance is required to keep the secret.
Any violation of the secret shall be punished in accordance with Article 458 of the Criminal Code.".
Art. 31. In the same subsection 2, an article 464/26 is inserted as follows:
"Art. 464/26. § 1er. The EPE magistrate or the required police service may listen, read and record private communications or private electronic communications during their transmission.
In order to allow the direct recording of private electronic communications or communications by means of technical means, the EPE magistrate or the required police service may also, without the knowledge or consent of the occupant, owner or his or her rightful persons, order penetration, at any time, in a home or in a private place.
§ 2. The monitoring measure referred to in § 1er may be ordered if:
1° it shall be applied only for the execution of a conviction, forcibly passed, to the payment of confiscations, fines and court fees, pronounced after the convicted person has been convicted of an offence referred to in article 90ter, § 2 to 4;
2° the other ordinary acts of execution have not been sufficient or may reasonably not be sufficient to achieve the EPR objective defined in Article 464/1, § 1er.
§ 3. The monitoring measure referred to in § 1er may be ordered only in respect of the convict, or in respect of means of communication or telecommunications regularly used by the convict, or in respect of places alleged to be frequented by the convict. It may also be in respect of a third party referred to in Article 464/1, § 3, or in respect of persons alleged to be in regular communication with the convicted person or a third party referred to in Article 464/1, § 3.
The measure may only cover the premises used for professional purposes, the residence or means of communication or telecommunication of a lawyer or a doctor if the lawyer is himself a convict or a third party within the meaning of Article 464/1, § 3, or if there are serious and concrete indications that reveal only the dwelling or premises used for professional purposes of the doctor or lawyer are used to subtract § 464/er, the execution of a conviction for confiscation, a fine or a court charge.
The measure cannot be performed without the sticker or representative of the provincial order of physicians, as the case may be, being notified. These same persons will be informed, by the magistrate conducting the investigation, of the communications or telecommunications collected that he considers to be a professional secret and that will not be recorded in the minutes referred to in § 7.
§ 4. The reasoned decision of the EPE magistrate requesting authorization to the judge of enforcement of sentences mentions:
1° the identity of the convicted person and, where applicable, of the third party referred to in Article 464/1, § 3;
2° the data of the decision passed in force of a judgment that reveals that the EPE is concerned with the execution of a conviction for the payment of confiscations, fines and legal costs, after the convicted person or a third party referred to in Article 464/1, § 3 was convicted of an offence referred to in Article 90ter, § 2 to 4;
3° the balance due to the conviction to the payment of confiscation, fine and legal costs;
4° the reasons why ordinary acts of execution have not been sufficient or cannot reasonably be sufficient to achieve the EPR objective defined in Article 464/1, § 1er;
5° the identity of the person, the means of electronic communication or the place under supervision;
6° the proposed period during which monitoring may be performed and which may not exceed one month from the signature of the authorization granted under section 464/20.
§ 5. Judge EPE may, by permitting the judge of enforcement of sentences, extend one or more times the duration of the monitoring measure for a new term that may not exceed one month each time, with a maximum of six months, without prejudice to his decision to terminate the measure as soon as the circumstances that have justified it have disappeared.
Upon the expiry of the maximum period, the enforcement of the monitoring measure may be renewed by authorization of the enforcement judge, provided that there are new circumstances, for one month each time, with a maximum of six months.
§ 6. Judge EPE or the police officer responsible for the operational direction of the execution of the monitoring measure shall take the measures provided for in Article 90quater, § 2 and 4, if necessary for the execution of this measure. The criminal penalties provided for in Article 90quater, § 2, paragraphs 2 and 3, and § 4, paragraphs 3 and 4, are applicable to persons who violate the obligations of collaboration and secrecy.
§ 7. The police department responsible for the execution of the monitoring measure is responsible for:
1° to select and transcribe, under the control of EPE magistrate, the portions of the records that contain information deemed relevant to the EPE regarding the heritage situation of the convict and the third party referred to in 464/1, § 3;
2° to translate or translate, after the authorization of the EPE magistrate, the relevant information in the language in which the EPE is conducted;
3° to file the records, along with the transcripts, translations and records made, in sealed form, to the Secretariat of the Public Prosecutor's Office leading the EPE;
4° to destroy or destroy, after authorization of the EPE magistrate, the recordings, the transcription selections and the translations.
The required police service shall prepare a report in which it shall report on the performance of the monitoring measure and the missions referred to in paragraph 1er and send it to the magistrate EPE.
Electronic communication or communication that falls under professional secrecy or secrecy of journalistic sources is not recorded in the minutes issued following the mission referred to in paragraph 1er1° and 2°.
The required police service shall take all necessary measures to ensure the integrity and confidentiality of the registered electronic communication or communication, transcribed and translated until it is deposited with the secretariat in accordance with the Royal Decree pursuant to Article 90s.
§ 8. The Secretariat of the Public Prosecutor ' s Office shall ensure that the objects and acts deposited in accordance with § 7, paragraph 1erThree.
Judge EPE shall, in accordance with the Royal Decree pursuant to Rule 90s, paragraph 5, take all necessary measures to ensure the integrity and confidentiality of records, transcripts and translations filed during their retention in the Secretariat.
Judge EPE shall rule in accordance with Article 464/1, § 5, on the consultation of the objects and acts deposited by the convict, the third party referred to in Article 464/1, § 3, or any other person entitled.
Judge EPE orders the destruction of objects and acts deposited that are not intended for exploitation under the EPR or that are not usable for the purposes referred to in Article 464/1, § 6, at the latest at the close of the EPR. ".
Art. 32. In the same subsection 2, an article 464/27 is inserted as follows:
"Art. 464/27. § 1er. An EPE magistrate conducting the investigation may authorize a police service to make an observation in respect of a house or a clean house, within the meaning of sections 479, 480 and 481 of the Criminal Code.
§ 2. The substantive and formal conditions and the terms and conditions of execution provided for in Article 464/14 and the cause of apology referred to in Article 464/15 shall apply to the observation referred to in § 1er.
The magistrate mentions in his authorization of observation the most precise address or location possible of the dwelling referred to in § 1er on which the observation carries."
Art. 33. In the same subsection 2, an article 464/28 is inserted as follows:
"Art. 464/28. Where, in the course of the EPR, there are serious indications that a convicted person or a third party referred to in section 464/1, § 3, wants, as a legal person, to exempt his or her property from the execution of the conviction forfeiture, a fine or a fee for justice on that heritage, the EPR judge may, if special circumstances require it, order the following measures:
(1) the suspension of the procedure for the dissolution or liquidation of the legal person;
2° the prohibition of specific heritage transactions that may result in the insolvency of the legal person;
3° the payment of a deposit to which it sets the amount on the CCO's account, in order to guarantee compliance with the measures it orders.
If the measures referred to in paragraph 1er for immovable property, it is carried out in accordance with section 464/33.
The legal person may request the lifting of the action taken in accordance with section 464/36. ".
Art. 34. In the same section 4, a sub-section 3 entitled "From seizure to ensure execution of sentence" is inserted.
Art. 35. In subsection 3, inserted by section 34, an article 464/29 is inserted as follows:
"Art. 464/29. § 1er. The EPE magistrate may, by written and reasoned decision, make or cause the required police service to carry out all seizures that may contribute to the EPE objective defined in Article 464/1, § 1er.
Each police officer may make an ex officio seizure of the movable property and documents referred to in § 2 that may contribute to the EPR objective defined in Article 464/1, § 1er.
§ 2. Appropriate:
1° all movable and immovable, bodily or intangible property of the convict on which the enforceable conviction for the payment of a forfeiture, fine and court fees may be executed;
2° all information materials, in original form or in copy form, located in the convict or third parties, which contain information on the property transactions carried out by the convict and on the composition and location of his or her heritage.
§ 3. Sustained property in accordance with articles 1408 to 1412bis of the Judicial Code or special laws may not be seized.
Information materials that contain information covered by a professional secret are elusive. ".
Art. 36. In the same subsection 3, an article 464/30 is inserted as follows:
"Art. 464/30. § 1er. Judge EPE may seize the property referred to in Article 464/29, § 2, 1°, which does not belong to the convict under the following conditions:
1° there are sufficient serious and concrete clues that the convicted person has transferred the property to the third party, even before the conviction is forcibly passed, in order to clearly prevent or complicate the recovery of confiscation, fine and legal costs;
2° the third party knew or was reasonably aware that the property had been transferred directly or indirectly by the convicted person in order to exempt him from the execution of an enforceable conviction or possible forfeiture, fine or legal costs.
In his decision, the magistrate mentions the serious and concrete evidence that the convicted person wants to subtract the property from the recovery of confiscation, fine and legal costs, as well as the information that he or she reveals or may be deduced that the third party is aware of it and that justify the seizure. These data are included in the minutes of the seizure.
§ 2. Unseparable property in accordance with articles 1408 to 1412bis of the Judicial Code or special laws may not be seized.".
Art. 37. In the same subsection 3, an article 464/31 is inserted as follows:
"Art. 464/31. § 1er. When seized under articles 464/29, 464/30 and 464/32, the seizing EPE magistrate or the seizing police department shall prepare a report listing the seized matters.
§ 2. The report is submitted for signature on the record, which may receive a copy without charge. If the applicant refuses to sign the report and/or to receive a copy or cannot be attached, the EPE magistrate or the police officer shall mention it on the original and the notification shall be deemed to be made on the day the verbalizing notices 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 person may no longer detain from the property that is seized, subject to penalty of the application of section 507 of the Criminal Code;
2° the references of the case;
3° the text of article 507, paragraph 1erCriminal Code."
Art. 38. In the same subsection 3, an article 464/32 is inserted as follows:
"Art. 464/32. If information referred to in Article 464/29, § 2, 2°, is stored in a computer system, but the entry of the support is not timely, it is carried out the copy of this data, as well as the data necessary to be able to understand them, on materials belonging to the authority. In the event of an emergency or for technical reasons, it may be made use of materials that are available to persons authorized to use the computer system. ".
Art. 39. In the same subsection 3, an article 464/33 is inserted as follows:
"Art. 464/33. § 1er. The EPE magistrate can seize the immovable property that constitutes one thing within the meaning of Article 464/29, § 2, 1°.
§ 2. The seizure is carried out on the requisition of the magistrate EPE by minutes served to the owner by this magistrate EPE or the police service required to the owner. If applicable, the seizure report shall be served on the owner's premises, the usufruct, the emphyteote, the superficiary and, where applicable, the tenant.
The record of seizure barely contains:
1° a copy of the requisition of the magistrate EPE;
2° the identity of the applicant, with mention of his name and first name, of his domicile or, in the absence of a domicile, of his residence as well as the date and place of birth, if it is a natural person, or of his or her name, legal form, company number and seat, if it is a legal person;
3° a description of the immovable property on which the seizure is practised in the manner prescribed in section 141 of the Mortgage Act of 16 December 1851;
4° an excerpt from the cadastral matrix, dating less than three months;
5° the text of this article and article 507, paragraph 1erCriminal Code.
§ 3. Within twenty-four hours of the seizure, the EPE Magistrate or the required police department shall present the transcript to the transcript at the mortgage office of the place where the property is located.
The transcript is made by the mortgage curator, under penalty of damages, no later than eight days after the delivery of the aforementioned seizure record. However, the transcript is dated the day that the minutes were issued.
If the preservative cannot proceed to the transcript of the record of seizure at the time it is required, it shall mention, on the original minutes that are left to it, the day and the time when it was delivered.
§ 4. The seizure does not prejudice the exercise of the right of the owner or any other person authorized to continue to use the property seized as a good family father.
§ 5. The civilian fruit produced by the property during the seizure period shall be included in the seizure, unless otherwise decided by the EPR magistrate.
Judge EPE may ask the CSOC to take care of the receipts of a building property. If the seizure emanates from a judge of the CSOC, he may decide on the ex officio to collect these fruits. Without prejudice to the application of Article 464/36, the decision of the magistrate EPE is not subject to appeal.
The CSC shall bring the decision referred to in paragraph 2 to the notice of the debtor and the creditor of such income by registered letter or by way of a report. The notification contains the text of this article and article 507, paragraph 1erCriminal Code.
Upon receipt of the notification, all civilian fruit that is ullaged during the seizure shall be included ex officio in the subject matter of the seizure.
The debtor and the creditor shall no longer be liable to any amount of money included in the subject-matter of the seizure in any manner other than that referred to in paragraph 6, under penalty of application of section 507, paragraph 1erCriminal Code.
The income debtor can only make the liberating payment in the hands of the CCO. Payments in the hands of the creditor, which are made after the regular notification of the decision referred to in paragraph 2, are not enforceable to the State.
§ 6. Retentional property seizure is valid for three years beginning on the date of its transcription, except renewal in accordance with § 7. At the expiry of this period, the seizure ceases to have effect and is no longer mentioned in the mortgage certificates.
The period referred to in paragraph 1er is suspended during the disposal of the immovable property, from the receipt of the authorization to dispose of by the CCO or from the date of the decision to dispose of by the CCO magistrate who leads the EPE until the day the property is sold.
At the request of the Director of the CCO, the mortgage preserver summarily refers to the final decision to dispose of the immovable property on the margin of the transcribed seizure exploit.
§ 7. Judge EPE may order the renewal of the seizure before the expiry of the validity period.
The decision of the magistrate shall be notified by himself or by the police service required by a report to the person referred to in § 2, paragraph 1er. The notification report contains the references listed in § 2, paragraph 2.
Renewal of the transcript takes place upon presentation to the curator of the mortgages of a report and signed by the EPE magistrate or the required police service, containing the precise indication of the transcript to be renewed, accompanied by a copy of the requisition of the magistrate.
The renewal period is three years. The new deadline takes place on the day the transcript is renewed.
§ 8. In the event of the removal of the seizure, notification shall be made of the decision of the magistrate EPE or, where appropriate, of the judicial decision ordering the lifting of the persons referred to in § 2, paragraph 1er, and to the preserver of the appropriate mortgages through the sending of the decision by registered mail or handover recorded by minutes.
The mortgage curator operates on this basis the deletion of the transcript of the minutes After the radiation, it is no longer mentioned the seizure on mortgage certificates. ".
Art. 40. In the same subsection 3, an article 464/34 is inserted as follows:
"Art. 464/34. § 1er. Judge EPE may seize the sums of money that the seized third party has to pay or the things that the seized third party must give to the convicted person or to the third party referred to in Article 464/1, § 3, in respect of whom the seizure is practised.
The subject-matter of the seizure shall be in full right:
1st interest due to the holder of the receivable after the seizure;
2° all terms after the seizure of a debt concerning periodic revenues.
§ 2. The seizure of a receivable, with the exception of the seizure of rights to order or to the holder, shall be effected by written notification of the seizure decision to the seized person and the seized third party.
Judge EPE or police officer shall inform the decision by:
1° to the shipment of the decision by telefax or by registered mail, or
2° at the issuance of a free copy of the seizure report, prepared by the police officer.
The notification contains the references of the case and the text of this article and article 507, paragraph 1erCriminal Code. The notification addressed to the seized third party further contains the text of article 1452 of the Judicial Code.
§ 3. Upon receipt of the notification, the seized third party may no longer defer any amounts or things that are the subject of the seizure, under penalty of the application of Article 507, paragraph 1erCriminal Code.
Judge EPE may order the seized third party to transfer the sums of money to the CSOC.
§ 4. The seized third party is entitled to the refund of the return fees. The King fixes the maximum amount of this refund.".
Art. 41. In the same subsection 3, an article 464/35 is inserted as follows:
"Art. 464/35. § 1er. The movable property seized shall be deposited in the office of the court or the court with which the magistrate EPE shall exercise his office.
The Registry is responsible for the conservation of the seized property and records it in a registry for that purpose.
§ 2. By derogation from § 1er, the magistrate EPE may put an end to the conservation in kind of the seized piece of furniture and return it to the seizure for payment of a sum of money to which it determines the amount.
If the seizure consents, the amount paid shall replace the property seized with the right.
§ 3. By derogation from § 1er, the amounts seized are paid on the account opened by the CCO in a financial institution.
As soon as its account is credited, the CSCO is responsible for the conservation of the amounts entrusted to it.
§ 4. By derogation from § 1er, the EPE magistrate may request the CSOC to deal with the management of the effects or amounts seized in a financial institution, as well as other assets that require special management.
If a CCO magistrate conducts the EPE, he or she may decide to take the effects, amounts or assets seized in management.
The CCO may entrust the effects and assets seized to an agent or manager designated by it.
Judge EPE realizes the effects and other assets managed by the CSOC in accordance with Article 464/37. ".
Art. 42. In the same subsection 3, an article 464/37 is inserted as follows:
"Art. 464/37. § 1er. Judge EPE may authorize the SCO to dispose of seized property with a view to clearing confiscated amounts, fines and legal fees.
If a OCSC magistrate leads the EPE, he or she may order the alienation for the same purpose.
§ 2. In consultation with the appropriate federal public service official Finance in charge of the recovery of forfeiture, fine or legal costs, the CSCO designates an agent who will deal with the sale of seized property and the sharing of proceeds.
The seized property cannot be sold at a price less than the value determined in consultation with the SCO and its agent.
The procedure for the sale of property shall be carried out in accordance with the provisions applicable to the alienation of property in the context of the information.
§ 3. When the alienation decision relates to an immovable, the award has the effect that the rights of the convict's registered creditors are deferred to the price, subject to the application of section 16bis of the Act of 26 March 2003 establishing a Central Organ for Seizure and Forfeiture and bringing provisions on the constant value management of the seized property and the execution of certain heritage sanctions.
§ 4. The designated agent shall be responsible for the distribution by contribution or order in accordance with the provisions of Part V of the Judicial Code. ".
Art. 43. In the same chapter Ierbis, it is inserted a section 5 entitled "Inquiry costs".
Art. 44. In section 5 inserted by section 43, an article 464/39 is inserted as follows:
"Art. 464/39. The costs of the EPR include all costs incurred by the application of ordinary and specific acts of execution, with the exception of personnel and operating expenses related to the intervention of the judges, police officers and public servants of the Federal Public Service.
The costs are borne by the convicted person against whom the execution of the confiscation or the recovery of the fine or legal costs is required. The costs arising from irregular executions and the costs that are clearly not attributable to the personal behaviour of the convicted person are borne by the State.
If compensation is to be paid for the executions referred to in paragraph 1er, the rates established by the law on law enforcement fees are applied.".
Art. 45. In the same chapter Ierbis, it is inserted a section 6 entitled "De la clôture de l' enquête pénale d' exécution".
Art. 46. In section 6 inserted by section 45, an article 464/41 is inserted as follows:
"Art. 464/41. § 1er. It is terminated if:
1° the convicted person has fulfilled his obligation to pay;
2° the sentence is off.
§ 2. If magistrate EPE considers that the investigation must be closed, he shall bring his decision to the attention of the competent official of the federal public service Finance responsible for the recovery of forfeitures, fines and court fees, and the director of the CCO.
§ 3. No later than one month after the EPE closes, the magistrate who conducted it shall invite the Secretariat of the competent Public Prosecutor's Office or the CSO, as the case may be, to notify in writing any person who has been subject to a measure referred to in section 464/26 of the nature of the said measure and the dates on which it was executed. ".
CHAPTER 3. - Extended serie by equivalent
Art. 47. Section 35ter of the Code of Criminal Investigation, inserted by the Act of 19 December 2002, is replaced by the following:
"Art. 35ter. § 1er. If there are serious and concrete clues that the suspected person has obtained a heritage advantage within the meaning of sections 42, 3, or 43quater, § 2, of the Criminal Code and that things that materialize this heritage advantage cannot or can no longer be found as such in the heritage of the suspected person who is in Belgium or are mixed with lawful things, the Public Prosecutor's Office may seize other things that are deemed to be the property In its decision, the Public Prosecutor's Office indicates the estimate of this amount and reports the serious and concrete evidence of seizure. These elements are included in the minutes of the seizure.
§ 2. Sustained property in accordance with articles 1408 to 1412bis of the Judicial Code or special laws may not be seized.
§ 3. In the event of seizure of an immovable or receivable property, the formalities provided for in sections 35bis and 37.
§ 4. The Public Prosecutor's Office may seize other assets other than the heritage benefits of third parties under the following conditions:
1° there are sufficient serious and concrete clues that the suspect has transferred the property to a third party or has financially allowed it to acquire it for the obvious purpose of preventing or severely complicating the execution of a possible special confiscation relating to a sum of money;
2° the third party knew or was reasonably aware that the property was transferred directly or indirectly by the suspect, or that he had been able to acquire it with the financial assistance of the suspect in order to avoid the execution of a possible special confiscation relating to a sum of money.
In its decision, the Public Prosecutor's Office mentions the serious and concrete evidence that the suspect wants to subtract the property from the execution of a possible special confiscation, as well as the information that appears or may be deduced that the third party has the knowledge of it. These elements are included in the minutes of the seizure. ".
CHAPTER 4. - Limitation of confiscation
Art. 48. Section 94 of the Criminal Code, as amended by the Act of 9 April 1930, is replaced by the following:
"Art. 94. The fines will be prescribed within the time limits set by the preceding articles, as they will be pronounced for crimes, offences or offences.
Special confiscations will be prescribed within the time limits set by the preceding articles, as they will be pronounced for contraventions or crimes.
The special confiscations for offences will be prescribed by ten years, beginning with the times determined in section 92.".
Art. 49. Section 97 of the Code, repealed by the Act of 9 April 1930, is reinstated in the following wording:
"Art. 97. § 1er. The statute of limitations forfeiture is suspended where the law provides or where there is a legal impediment to the immediate execution of the sentence.
§ 2. The requirement is in any case suspended in the following cases:
1° while the convicted person is subject to a collective legal insolvency procedure;
2° during the treatment of the remedy of pardon in respect of the confiscation brought by the convict or third parties in accordance with articles 110 and 111 of the Constitution;
3° for the duration of a settlement plan granted to the convicted person by the competent official of the federal public service Finance for the recovery of confiscation, fine or legal costs. ".
Art. 50. Section 98 of the Code, repealed by the Act of 9 April 1930, is reinstated in the following wording:
"Art. 98. § 1er. The prescription of confiscation is interrupted by any act of execution emanating from the competent authorities legally.
§ 2. The limitation is in any case interrupted in the following cases:
1° any partial payment made by or for the convict to the competent public service official Finance responsible for the recovery of the forfeiture that does not fall within the framework of a settlement plan granted by the receiver;
2° any request for payment or any stipulation addressed to the convicted person, by a registered consignment or by exploit of bailiffs, and from the competent official of the federal public service Finance for the recovery of confiscation;
3° any seizure by the official or at the request of the competent official of the federal public service Finance for the recovery of confiscation;
4° the decision of the Director of the Central Organ for the seizure and confiscation of investigations into the solvency of the convict;
5° the decision of the Public Prosecutor to initiate a criminal enforcement investigation in accordance with Article 464/1 of the Code of Criminal Investigation;
6° all acts of execution carried out in connection with the criminal investigation of execution in accordance with Article 464/1 of the Code of Criminal Investigation. ".
CHAPTER 5. - Confiscation in the event of a suspension of the condemnation and stays on the execution of confiscation
Art. 51. In section 6 of the Suspension, Suspension and Probation Act of 29 June 1964, as amended by the Act of 19 December 2002, paragraph 2 is replaced by the following:
"In the event that the suspension is ordered, the suspect, the accused or the accused is sentenced to the costs and, if applicable, the restitutions. The court of investigation or judgment may or must condemn the suspect, the accused or the accused to special confiscation in accordance with the law applicable to the facts. ".
Art. 52. In Article 8, § 1er, of the same Act, replaced by the Act of 10 February 1994 and amended by the Act of 17 April 2002, paragraph 1er is replaced by the following:
"When the convicted person has not previously been sentenced to a criminal sentence or to a principal imprisonment of more than twelve months, the courts of judgment may, by condemning a sentence of work or one or more sentences not exceeding five years, order, by reason of decision, that he or she shall be suspended from the execution either of the judgment or of the judgment, or of all or part of the principal or subsidiary penalties. However, it cannot be suspended from the execution of a conviction for confiscation. The decision ordering or refusing the stay and, where applicable, the probation must be motivated in accordance with the provisions of Article 195 of the Code of Criminal Investigation. ".
CHAPTER 6. - Federal Public Service Officer Finance specialized in the collection of confiscations, the execution of confiscations on the basis of an expanded seizure, the optimization of the monitoring of confiscations abroad
Art. 53. In section 197 of the Code of Criminal Investigation, amended by the Acts of 10 July 1967, 20 May 1997 and 19 March 2003, paragraph 2 is repealed.
Art. 54. Section 197bis of the same Code, inserted by the Act of 19 March 2003 and replaced by the Act of 27 December 2006, is replaced by the following:
"Art. 197bis. § 1er. Prosecutions for the recovery of confiscated property, fines and court fees will be carried out on behalf of the Public Prosecutor's Office by the appropriate official of the Federal Public Service Finance, as indicated by the Director of the Central Organ for the seizure and confiscation.
The grievor performs the acts and introduces the requests necessary to recover or safeguard the rights recognized in the Consolidated Revenue Fund by the judgment or judgment.
It may, in the event of a conviction for the confiscation of a sum of money, a fine or a fee of justice, carry out the execution on the seized property in accordance with the indications of the Public Prosecutor's Office or the Director of the Central Organ for the seizure and confiscation.
At the request of the Public Prosecutor's Office or the Director of the Central Organ for Seizure and Confiscation, the competent official of the Federal Public Service Finance shall, through the Chairman of the relevant Acquisition Committee, make judicial decisions forfeiture of immovable property to be tried in the mortgage office of the property's situation.
The introduction of the application for justice is preceded by a consultation with the Director of the Central Organ for seizure and confiscation.
§ 2. Prosecutions for the recovery of confiscated property, fines and court fees as part of the enforcement criminal investigation conducted by the Director of the Central Organ for the seizure and confiscation will be carried out on his behalf by a federal public service official Finance specialized in the collection of confiscation, designated by the Minister of Finance.
The specialized official shall exercise all the skills that the legal and regulatory provisions grant to the employee referred to in § 1er. It may lay acts related to the competence of its function throughout the territory of the Kingdom.
§ 3. Where the conviction is a special forfeiture of things or amounts found or to be recovered outside the Kingdom, the Public Prosecutor shall transmit a copy of the relevant documents of the repressive file to the Minister of Justice. It advises the Central Organ for the seizure and confiscation by sending a copy.
The Public Prosecutor's Office may invite the Director of the Central Organ for the seizure and confiscation to establish and carry out on his behalf all acts with a view to obtaining the forfeiture mentioned above abroad. To this end, the latter may require the intervention of translators. The fees for the benefits of these services are taxed by the Director and considered to be criminal justice fees.
§ 4. It is established within the federal State a Coordinating Body for the Coordination of the Recovery of Non-tax Claims in Criminal Matters, referred to as the "Counciling Body".
The Organ de concertation is composed of:
1° of the non-tax recovery administrator of the federal public service Finance or the representative that he designates;
2° of the Director of the Central Organ for the seizure and confiscation or of the representative he designates;
3° of the Director of the Directorate of Economic and Financial Crime of the Federal Police or its representative;
4° of a representative of the Minister with Justice in his or her duties;
5° of a Minister's representative with Finance in his or her duties;
6° of a representative of the federal government member responsible for coordinating the fight against fraud;
7° of a representative designated by the College of Attorneys General;
8° of a representative designated by the King's Attorneys' Council.
The Consultative Body promotes collaboration between the administrative and judicial authorities referred to in paragraph 2, in accordance with their specific competence, with a view to the efficient and effective implementation of judicial decisions in criminal matters relating to enforceable convictions for the payment of confiscated money, criminal fines, court fees and contributions to the Fund for Assistance to Victims of Intentional Acts of Violence, and rescuerser August 1985 with tax and other measures in Belgium and abroad.
The Coordinating Body may make all useful recommendations for optimal coordination of the enforcement of the convictions referred to in paragraph 3. The Chair of the Coordinating Body forwards the recommendations to Ministers with Justice and Finance in their responsibilities and to the Chair of the College of Attorneys General.
The Coordinating Body establishes its rules of procedure by a simple majority of the members present. The Regulation is approved by Ministers with Justice and Finance in their responsibilities. The Coordinating Body unanimously selects a President from among its members for a period of two years. The mandate is renewable.
The Consultative Body meets on the convocation of its President, which sets the agenda.
The Central Organ for Seizure and Confiscation provides the secretariat of the Co-operation Body.".
CHAPTER 7. - Power of moderation of the judge
Art. 55. Article 43bis of the Criminal Code, inserted by the Act of 17 July 1990 and amended by the Act of 19 December 2002, is supplemented by a paragraph written as follows:
"The judge shall reduce, if necessary, the amount of the property benefits referred to in section 42, 3°, or the monetary assessment referred to in paragraph 2 in order not to subject the convicted person to an unreasonably heavy penalty. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 11 February 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.lachambre.be):
Documents: 53-2934
Full report: 12 December 2013
Senate (www.senate.be):
Documents: 5-2405
Annales du Senate : January 30, 2014