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

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Criminal Enforcement Investigation (PEE)
Section 1^re. - Amendments to the Code of Criminal Instruction
Art. 2. In the Code of Criminal Instruction, an article 464/18 is inserted as follows:
"Art. 464/18. § 1^er. The Indictment Chamber controls the application of the observation referred to in sections 464/14 and 464/27 that provided data that was then used by the Public Prosecutor's Office as part of an investigation or information.
The Indictment Chamber shall examine, on the request of the Attorney General, the regularity of this observation at the time the investigating judge communicates his case to the Crown Prosecutor, in accordance with Article 127, § 1^erParagraph 1^er.
The Indictment Chamber examines, on the request of the Attorney General, the regularity of the observation at the close of the information and before the Public Prosecutor's Office proceeds with the direct summons.
The proceedings before the Trial Chamber shall be conducted in accordance with the provisions of Article 235ter, §§ 2 to 6.
§ 2. The Indictment Chamber shall, at the request of the judge of the application of the penalties which is aware of an appeal referred to in section 464/36, § 4, the regularity of the application of the observations referred to in sections 464/14 and 464/27 which provided data used by the Public Prosecutor's Office in the context of the EPR.
Courts and tribunals that are familiar with civil applications relating to the enforcement of judicial decisions that have been imposed on a special confiscation, a fine and a court charge in the course of the enforcement criminal investigation may, before deciding on the merits of this application in court, refer the case to the board of indictments in order to monitor the regularity of the compliance made under the EPR.
The proceedings before the Trial Chamber shall be conducted in accordance with the provisions of Article 235ter, §§ 2 to 5.
The Clerk shall transmit a copy of the order of the indictment chamber to the parties in question and to the court or tribunal referred to in paragraph 2.".
Art. 3. In the same Code, an article 464/20 is inserted as follows:
"Art. 464/20. Judge EPE may not perform or carry out an act of execution referred to in Article 464/19 only after prior authorization of the judge of enforcement of sentences.
The enforcement judge shall rule on the written and reasoned application for authorization no later than five working days from receipt of the application.
The enforcement judge only examines the legality, proportionality and subsidiarity of the required enforcement act.
The magistrate EPE is responsible for the execution of the authorized act of execution.".
Art. 4. In the same Code, an article 464/21 is inserted as follows:
"Art. 464/21. § 1^er. Judge EPE may bring a cassation appeal to the Court of Cassation against the judgment of the judge of enforcement of sentences.
§ 2. Judge EPE appealed for cassation within fifteen days of the pronouncement of the judgement under attack.
The appeal in cassation is filed by a statement to the court's office of enforcement of sentences.
§ 3. The Court of Penal Enforcement Registry immediately sends the case file to the Court of Cassation Registry.
The means of cassation shall be invoked in a submission to the Registry of the Court of Cassation no later than the fifth day after the declaration.
§ 4. The Court of Cassation shall rule within thirty days of the date of the appeal.
The Registry of the Court of Cassation shall communicate the decision to Judge EPE within 24 hours of the decision and by registered mail or by fax.
§ 5. After a decision of cassation with reference, another judge of the application of sentences shall rule within fifteen days of the judgment of the Court of Cassation.
§ 6. The procedure takes place for the surplus in the form that prevails in correctional matters. ".
Art. 5. In the same Code, an article 464/36 is inserted as follows:
"Art. 464/36 . § 1^er. Any person injured by a seizure of his or her property may request the EPE magistrate to lift the act of execution.
§ 2. The request is motivated and contains an election of domicile in Belgium if the applicant does not have his home or seat. It shall be sent by registered mail or by telefax to the relevant public prosecutor ' s secretariat and shall be registered in a register for that purpose.
§ 3. Judge EPE judges within fifteen days of the registration of the request in the register.
He or she may reject the request if he or she considers that the necessity of the investigation requires it or if the conviction for the payment of a confiscation, a fine and a court fee can be enforced on the property concerned.
The reasoned decision of Judge EPE is communicated to the appellant and, where applicable, to his lawyer, by telefax or by registered mail, within eight days of the decision.
§ 4. The appellant may bring the case to the judge for the enforcement of the sentences within fifteen days of notification of the decision.
This period is extended by fifteen days if one of these persons resides outside the Kingdom.
The case is brought before the judge of the application of sentences by a statement made at the prison office or at the court office of the enforcement of sentences and filed in a file for that purpose. The Registrar shall forthwith bring the statement to the attention of the EPE magistrate who is conducting the investigation.
§ 5. Judge EPE sends the documents of the file concerning the seizure to the clerk of the court of enforcement of sentences, who files them to the court of registry. Parts of the confidential record referred to in sections 464/14, 464/16 and 464/27 shall not be made available to the Registrar, the judge of the application of sentences, the appellant or his counsel.
The Clerk shall communicate, by fax or by registered mail, the places, day and time of the hearing to the Grievor or his lawyer, no later than seven days in advance. The clerk immediately informs the EPE magistrate of the hearing.
The documents in the file concerning the seizure are made available to the appellant and his lawyer for consultation at the court office for the application of penalties, for at least four days before the hearing date. Upon request, the applicant may obtain a copy of the documents.
The complainant, his lawyer and the Public Prosecutor ' s Office are heard.
§ 6. The judge of the application of the penalties shall examine exclusively the legality and proportionality of the seizure and shall rule first and last on the request to lift the seizure, within thirty days of the filing of the declaration. This period is suspended during the time of delivery, at the request of the complainant or his lawyer.
The judge of the application of the penalties may, at the request of the appellant or ex officio, carry out the control provided for in Article 464/18, § 2, paragraph 1^er, if the seizure is based on data obtained using an observation referred to in Articles 464/14 and 464/27, or which allowed the seizure of property or information materials referred to in Articles 464/29, § 2, or 464/30, § 1^er.
The successor may be sentenced to costs.
The Clerk shall, within twenty-four hours of the decision and by registered mail or telefax, communicate to the Grievor or his lawyer and to Judge EPE and, where appropriate, to the CSC Director.
The judgment of the enforcement judge is not subject to opposition or appeal in cassation. "
Art. 6. In the same Code, an article 464/38 is inserted as follows:
"Art. 464/38. § 1^er. The EPE magistrate who has granted or ordered the alienation shall communicate his decision or order the notification of the alienation by registered mail or by telefax:
1° to the dependants and in whose hands the seizure was carried out, as long as their addresses are known, or to their lawyers;
2° to persons who, according to the data of the file, have expressly shown themselves to be injured by the seizure or their lawyers;
3° in case of real estate seizure, creditors known according to the mortgage state, or their lawyers.
No notification shall be sent to persons who have given their consent for the measure concerned or who have waived their rights on the seized property.
Similarly, it shall not be notified to the seized person who has been informed of the seizure on a regular basis in accordance with articles 464/31, 464/33 and 464/34 and who has not objected to any alienation of the seized property referred to in articles 464/29, § 2 and 464/30, § 1^er, by registered letter addressed to the magistrate, no later than thirty days from the notification of the copy of the report referred to in article 464/31, § 2, paragraph 1^eror Article 464/33, § 2, paragraph 1^er, or the written notification referred to in article 464/34, § 2, paragraph 2, in which the text of this article is mentioned.
§ 2. Persons to whom the notification has been sent may appeal to the judge for the application of the penalties within fifteen days of notification of the decision.
This period is extended by fifteen days if one of these persons resides outside the Kingdom.
The case is brought before the sentencing judge by a statement made at the prison office or at the court office of enforcement of the sentences and filed in a case file for that purpose. The Clerk shall immediately communicate the statement to the Magistrate conducting the investigation.
§ 3. Judge EPE sends the documents in the file concerning the seizure and alienation on which the decision was appealed to the court's office of enforcement of sentences, which files them to the registry.
The Clerk shall communicate, by fax or by registered mail, the place, day and time of the hearing to the Grievor or his lawyer no later than seven days in advance. The clerk immediately informs the EPE magistrate of the hearing.
The documents in the file are made available to the applicant and his lawyer for consultation with the court's court office for the application of penalties, for at least four days before the hearing date. Upon request, the applicant may obtain a copy of the documents.
The complainant, his lawyer and the Public Prosecutor ' s Office are heard.
§ 4. The judge of the application of the penalties shall decide first and last on the application to lift the alienation measure, within thirty days of the filing of the declaration. This period is suspended during the time of delivery, at the request of the complainant or his lawyer.
The successor may be sentenced to costs.
The Clerk shall, within 24 hours of the statement and by registered mail or by telefax, communicate to the Grievor or his lawyer, as well as to Judge EPE and, where appropriate, to the CSC Director.
§ 5. The decision of the judge of enforcement of sentences is not likely to be appealed by the appellant and the EPE magistrate."
Art. 7. In the same Code, an article 464/40 is inserted as follows:
"Art. 464/40. Judge EPE taxes the fees that are displayed on behalf of his office.
Prosecutions for the recovery of these costs are carried out on behalf of the EPE magistrate by the competent official of the Federal Public Service Finance.
The convict may appeal the decision of the magistrate EPE to charge him, by introducing an appeal to the judge of the application of the sentences, by registered letter, within thirty days of notification of the decision under appeal.
The sentencing judge decides on the application first and last resort. The costs arising from irregular executions and the costs which are clearly not attributable to the personal behaviour of the convicted person are borne by the State.
The Justice Expenses Commission established by the Program Law (II) of 27 December 2006 is aware of all appeals filed by the service provider against the decisions of the taxing EPE magistrate, or the Minister of Justice or his delegate regarding the amount of advanced or definitively taxed compensation. ".
Section 2. - Amendments to the Judicial Code
Art. 8. Section 91 of the Judicial Code, replaced by the Act of 3 August 1992 and amended by the Acts of 11 July 1994, 28 March 2000, 17 May 2006 and 21 April 2007, is supplemented by two paragraphs as follows:
"In the matter of enforcement of sentences, cases relating to the recovery of confiscated money, fines and court fees are only assigned to the judge in the court of enforcement of sentences as a single judge.
The judge of enforcement of the penalties who becomes aware of the case has, preferably, followed the training on the execution of convictions for the confiscation of money, fines and court fees, organized by the Judicial Training Institute. ".
Art. 9. In the same Code, an article 635bis is inserted as follows:
"Art. 635bis. § 1^er. The judge of the application of the penalties that sits in the jurisdiction of the Court of Appeal in which the repressive court that pronounced the conviction passed in force of the tried thing is competent to hear the requests referred to in Article 464/20 of the Code of Criminal Instruction as well as to decide in the disputes referred to in Articles 464/35, 464/36 and 464/40 of the Code of Criminal Investigation and Article 15bis, paragraph 9, of the
However, when the conviction was pronounced in German, only the judge of the application of the sentences of Liège is competent.".
Art. 10. Article 764, paragraph 1^erthe same Code, replaced by the Act of 3 August 1992 and amended by the Acts of 17 July 1997, 1^er July 2006, 9 May 2007, 10 May 2007, 9 May 2008, 31 January 2009, 19 June 2009 and 6 June 2010, and by the decree of 6 November 2008 of the Walloon Region, is supplemented by a 16° written as follows:
"16° civil claims relating to the execution of judicial decisions condemning a special forfeiture, a fine and a court charge as part of the enforcement criminal investigation."
Section 3. - Amendments to the Act of 26 March 2003 establishing a Central Organ for Seizure and Confiscation and providing provisions on the constant management of seized property and the enforcement of certain heritage sanctions
Art. 11. Section 15 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, replaced by the Act of 30 December 2009 and amended by the Act of 29 March 2012, is replaced by the following:
"Art. 15. § 1^er. Without prejudice to the competence of the competent official of the Federal Public Service Finance who is responsible for the recovery of confiscations, the Central Organ may, in order to assess the feasibility of an effective execution of confiscation, investigate the solvency of a person convicted by a solvency investigation.
The solvency investigation is conducted by the Director of the Central Organ. The Director may delegate the investigation referred to in this section and section 15bis only to the Deputy Director or liaison magistrate who conducts the investigation under his authority and direction.
§ 2. The Central Organ may request the administrative services of the federal State, communities, regions, local administrations and public enterprises, including the Financial Information Processing Unit, to provide, within the time it sets out, all the information it considers useful in this investigation concerning the operations performed by the convicted person, his assets and the composition and location of his or her heritage. These administrative services, public enterprises and the Cell are required to respond to this request.
The same application may also be addressed to registered companies with the Banque-Carrefour des Entreprises. These undertakings are required to comply with this application, unless they may avail themselves of an obligation of secrecy provided by law.
§ 3. Where the information of the competent official referred to in § 1^er with respect to the solvency of a convicted person is insufficient, or if there are indications that the convicted person tries to avoid the execution of the judicial decision of confiscation, the Central Organ may collect information on the solvency of that convicted person from the bodies and persons referred to in section 2 of the Act of 11 January 1993 relating to the prevention of the use of the financial system for the purpose of money laundering.
§ 4. The persons, the Cell, the companies or the administrative services referred to in §§ 2 and 3 who are not legal persons referred to in Article 5, paragraph 4, of the Criminal Code are liable to a fine of twenty-six euros to ten thousand euros if they refuse or remain in default to knowingly and voluntarily and without legitimate reason the information requested within the time and in the manner fixed by the Central Organ, although required
§ 5. Any person who, from the head of his or her office, is aware of the requests referred to in this section or lends his or her support is required to keep the secret. Any breach of secrecy is punishable under section 458 of the Criminal Code.
§ 6. The Central Organ may also charge the police to investigate the solvency of a convicted person.
§ 7. The Central Organ may transmit the information obtained under this article to the competent official referred to in § 1.".
Art. 12. Section 15bis of the Act, inserted by the Act of 30 December 2009 and amended by the Act of 29 March 2012, is replaced by the following:
"Art. 15bis. § 1^er. In the cases referred to in Article 15, § 3, the Central Organ may request, by reason of decision addressed to the organizations and persons referred to in Article 2 of the Law of 11 January 1993 on the prevention of the use of the financial system for the purposes of money laundering and the financing of terrorism, the following information:
1° the list of bank accounts, bank deposit boxes or financial instruments referred to in section 2, 1°, of the Act of 2 August 2002 on the supervision of the financial sector and financial services, of which the convicted person is the holder, the agent or the real beneficiary and, where applicable, all relevant data in this regard;
2° bank transactions that have been carried out during a specified period on one or more of these bank accounts or financial instruments, including information on any account of origin or destination;
3° data concerning holders or agents who, for a specified period of time, have or had access to these bank boxes.
In the cases referred to in Article 15, § 3, the Central Organ has free access to the central contact point of the National Bank of Belgium referred to in Article 322 of the Income Tax Code 1992. At its request, the central contact point shall communicate the available data relating to bank account numbers and contracts concerning the convicted person.
§ 2. In its written requisition, the Central Organ specifies in what form and in what time the data referred to in § 1^er must be communicated to him.
§ 3. If the information provided to the Central Organ in accordance with §§ 1^er and 2 reveal the existence of assets in the head of the convict, the Central Organ may require in writing that the bodies and persons referred to in § 1^er no longer deferred from the claims and obligations related to these bank accounts, bank deposits or financial instruments for a period not exceeding five working days and taking place on the day the Central Organ sends its requisition by registered letter, by telefax or by e-mail.
The measure ends in full right at the expiry of the five working days period. Every working day, you hear every day except Saturdays, Sundays and holidays. Prior to the expiry of this period, the measure shall be terminated in the event of a voluntary payment of the amount due under confiscation, or where the competent official of the Federal Public Service Finance has taken the necessary precautionary measures.
§ 4. The Central Organ may charge the bodies and persons referred to in § 1^er to make the goods available to it free of charge or to transfer them to an account that it indicates, in order to pay the balance of an enforceable confiscation.
§ 5. Organizations and persons referred to in § 1^er shall lend their assistance to the requisitions and measures referred to in §§ 1^er, 3 and 4.
§ 6. The body or person referred to in § 1^er who, although regularly required by the Central Organ, knowingly and voluntarily, without legitimate reason, refuses or remains in default to make the communication of the requested information or to their availability or transfer within the time and manner determined by the Central Organ, is liable to a fine of Euro20 to Euro10 thousand.
§ 7. Organizations and persons referred to in § 1^er, or any third party, which retain or manage property subject to a measure referred to in §§ 3 and 4 and which makes it disappear with fraudulent intent, shall be punished by the penalties provided for in Article 507 of the Criminal Code.
§ 8. Any person who, from the head of his or her office, is aware of the requisitions or measures referred to in this article or lends his or her support to it shall keep the secret. Any breach of secrecy is punishable under section 458 of the Criminal Code.
§ 9. For the compensation of costs incurred in the investigations referred to in sections 15 and 15bis, the rates determined by the law relating to the legal costs of repressive matters are applicable.
The costs are charged to the convicted person or to the civilly responsible party who is sentenced against whom the execution is required. However, the convicted convict or the civilly responsible party do not bear the unnecessary costs caused by the intervention of the magistrate of the Central Organ and the costs which obviously do not result from their personal behaviour. These costs remain the responsibility of the State.
The Director of the Central Organ shall tax the costs associated with the investigations referred to in sections 15 and 15 bis.
Prosecutions for the recovery of these costs are carried out on behalf of the Director of the Central Organ by the appropriate official of the Federal Public Service Finance.
The convict may lodge an appeal against the decision of the director to charge him, by filing an appeal to the sentencing judge, by registered letter, within 30 days of the notification of the decision under appeal. The sentencing judge rules on this first and last resort. A cassation appeal against the judgment shall be open to the convicted person in accordance with the civil proceedings established by the Judicial Code.
The Commission on Justice Expenses established by section 5 of the Program Law (II) of 27 December 2006 shall be in accordance with the procedure prescribed by section 5 of the Program Law cited above, of all appeals filed by the Service Provider against decisions concerning the amount of advanced or definitively taxed compensation. ".
Art. 13. In Article 17bis, § 1^er, of the same law, inserted by the law of 27 December 2006 and amended by the law of 30 December 2009, the sentence "They are in particular responsible for the investigations referred to in sections 15 and 15 bis, under the authority of the Director of the Central Organ." is repealed.
CHAPTER 3. - Entry into force
Art. 14. This Act comes into force on the day of the coming into force of the Act of 11 February 2014 on various measures to improve the recovery of heritage penalties and criminal justice fees (I).
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: 53-2935
Full report: 12 December 2013
Senate (www.senate.be):
Documents: 5-2406
Annales of the Senate: January 30, 2014 .