An Act To Amend The Act Of 29 March 2004 Concerning Cooperation With The Criminal Court And The International Criminal Tribunals

Original Language Title: Loi modifiant la loi du 29 mars 2004 concernant la coopération avec la Cour pénale internationale et les tribunaux pénaux internationaux

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belgiquelex.be - Carrefour Bank of Legislation

26 MARCH 2014. - An Act to amend the Act of 29 March 2004 concerning cooperation with the International Criminal Court and the International Criminal Tribunals



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 77 of the Constitution.
CHAPTER 2. Amendments to the Act of 29 March 2004 concerning cooperation with the International Criminal Court and the International Criminal Tribunals
Art. 2. In Article 2 of the Act of 29 March 2004 concerning cooperation with the International Criminal Court and the International Criminal Courts, the following amendments are made:
1° in the fourth dash, the words "the Minister of Justice" are replaced by the words "in the Federal Public Service Justice, the International Humanitarian Law Service, designated by the Royal Decree of 17 September 2005 on the establishment of an international humanitarian law service";
2° a dash written as follows is inserted between the fifth and sixth dash:
"-"the Public Prosecutor": the Federal Prosecutor;".
Art. 3. Section 5 of the Act is replaced by the following:
"Art. 5. The central authority is competent to receive applications from the Court, to transmit to the Court any requests for cooperation from the competent Belgian authorities and to transmit to the Court, in accordance with Article 10 of this Law, any information of a judicial nature that may fall within the jurisdiction of the Court. She follows it."
Art. 4. In section 7, first sentence, of the Act, the following amendments are made:
1° the word "judicial" is repealed;
2° the word "competent" is inserted between the word "belges" and the word "may".
Art. 5. In section 13 of the Act, the following amendments are made:
1° in § 4, the words "the inculcated" are, each time, replaced by the words "the arrested person";
2° in § 4, paragraph 1er, second sentence, the word "This one" is replaced by the word "This one";
3° in § 4, paragraph 2, the sentence "The Indictment Chamber shall hear the Public Prosecutor's Office, the accused and his counsel, within four days of the introduction of the appeal, and shall rule no later than eight days." is replaced by the sentence "The Indictment Chamber shall hear the Public Prosecutor's Office, the arrested person and his counsel, and shall rule no later than fifteen days after the introduction of the appeal. ";
4° § 4 is supplemented by two paragraphs written as follows:
"The decision taken by the board of indictments is not likely to appeal in cassation.
The surrender of the arrested person may take place only when the decision making the arrest and surrender request enforceable has become final. ";
5° in § 5, the words "non bis in idem" are replaced by the words "ne bis in idem".
Art. 6. In section 14 of the Act, the following amendments are made:
1° in § 2 a sentence written as follows is inserted between the first and the second sentence:
"In accordance with Article 55, § 2, of the Statute, the investigating judge shall hear the person concerned in order to verify that there is no mistake on the person and that the documents referred to in Article 92, § 2, of the Statute have been provided. ";
2° in § 2, the third sentence is repealed;
3° § 2 is supplemented by a paragraph written as follows:
"The arrest warrant is not subject to appeal. ";
4° in § 3, first sentence, the words "The central authority is notified" are replaced by the words "The public ministry shall promptly inform the central authority";
5° in § 3, second sentence, the word "It" is replaced by the words "The Central Authority";
6° §§ 4 and 5 are repealed.
Art. 7. In the same Act, title II, chapter IV, section III is replaced by the following: "Request for provisional release. ".
Art. 8. In section 16 of the Act, the following amendments are made:
1° in § 1er, the words "of release" are repealed;
2° in § 2, a sentence written as follows is inserted between the first and the second sentence:
"The central authority shall transmit the recommendations of the Court to the board of indictments through the Public Prosecutor's Office."
3° § 3 is replaced by the following:
§ 3. The Indictment Chamber shall decide within fifteen days of the introduction of the application, after hearing the Public Prosecutor's Office, the arrested person and his counsel. However, this period is suspended during the consultation of the Court ' s Pre-Trial Chamber under § 2. When deciding, the Indictment Chamber shall consider whether, in view of the seriousness of the alleged crimes, the urgency and exceptional circumstances warrant provisional release. The Indictment Chamber is not empowered to examine whether the arrest warrant has been issued regularly by the Court. In the event of a challenge to the provisional arrest based on non-compliance with the principle ne bis in idem, the period in which the board of indictments shall rule on this point is suspended for the duration of the consultations referred to in Article 89, § 2, of the Statute between the central authority and the Court. ";
4° in § 4, a paragraph written as follows is inserted before paragraph 1er :
"In the event of provisional release, the Indictment Chamber sets out the conditions to ensure that Belgium can fulfill its obligation to surrender the person to the Court. When conditions are not met, the investigating judge, upon requisition of the public prosecutor, shall issue a warrant for an arrest."
5° the article is supplemented by §§ 5 to 7 as follows:
§ 5. The decision taken by the board of indictments is subject to appeal in cassation in the forms and deadlines provided for in section 31 of the Act of 20 July 1990 on preventive detention.
The arrested person remains in detention until the decision on the appeal in cassation provided that the person intervenes within fifteen days of the notice of appeal; the person is released if the decision is not made within that time limit.
§ 6. Where the request provided in § 1er is rejected, the arrested person may only file a new application for release on the expiry of a period of one month from the decision to release.
§ 7. The provisions of this Article shall apply to the arrest warrant referred to in § 4, paragraph 1erIn fine."
Art. 9. In title II, chapter IV of the Act, a new section IV, including existing articles 17 and 18, entitled "Remissal of the arrested person. ".
Art. 10. In title II, chapter IV of the same law, it is inserted a section V, including the existing article 19, entitled "Specialty principle.".
Art. 11. Section IV of title II, chapter IV, of the Act becomes section VI. It includes current Article 20.
Art. 12. In section 20 of the Act, the following amendments are made:
1° the current article 20 becomes new article 20, § 1er;
2° the article is supplemented by a § 2 written as follows:
"§2. Upon application by the Court, pursuant to Article 93, § 7(a), of the Statute, the central authority authorizes the carriage through the territory of Belgium of any person held abroad, in the course of the execution of a request for mutual legal assistance referred to in the aforementioned provision of the Statute. In accordance with Article 93, § 7, (b), of the Statute, the title of detention of the person concerned shall produce its effect on Belgian territory during the time necessary for his passage. ".
Art. 13. In title II of the same law, a chapter IVbis is inserted entitled "Provisional release and summons to appear."
Art. 14. In chapter IVbis, inserted by article 13, an article 20bis is inserted as follows:
"Art. 20bis. § 1er. By means of the agreement of the central authority and in accordance with Rule 119 of the Rules of Procedure and Evidence, a person may, in Belgium, be granted a provisional release under Article 60 of the Statute, if any under the conditions laid down by the Court.
§ 2. If the conditions under which the provisional release is subject are not met, the investigating judge, upon requisition of the public prosecutor, acting on his or her own motion or at the request of the central authority, may issue a warrant of arrest against the person temporarily released. Its reasoned order, which is not subject to appeal, is communicated immediately to the Public Prosecutor's Office. The latter shall promptly notify the central authority, which shall immediately inform the Court.
§ 3. The arrest warrant issued by the investigating judge shall be valid for a period of fifteen days from the date of his execution.
The person concerned shall be released under the same conditions if, within that time limit, the central authority has not received a request for provisional arrest or a request for arrest and surrender, as referred to in Articles 92 and 91 of the Statute.
Art. 15. In the same chapter IVbis, an article 20ter is inserted, as follows:
"Art. 20ter. Pursuant to Article 58, § 7, of the Statute, the Court may issue a summons to appear against a person in Belgian territory. The possible restrictive conditions of freedom imposed, in this context, on the person concerned by the Court are carried out in Belgian territory on the basis of a request for mutual legal assistance made by the Court pursuant to Chapter IX of the Statute. In the event of non-compliance by the interested party, the central authority, duly informed, shall notify the Court without delay."
Art. 16. In section 26 of the Act, the following amendments are made:
1° it is inserted before the current text of the article, which becomes § 2, a § 1er as follows:
§ 1er. The request for mutual assistance from the Court which deals with a measure of constraint for which an investigating judge is solely competent is executed by the investigating judge of the judicial district where the measure is located.
However, if several enforcement measures are requested, the Public Prosecutor's Office may charge one of the territorially competent judges of the execution of all these measures. ";
2° the second sentence of the new § 2, is replaced by the following: "Before passing the documents to the Court, the board of the court of first instance of the borough where the documents were filed shall decide, within five days of its referral, on the transmission of the documents to the Court and shall decide, if any, on the claim of third-party holders or third parties claiming right on the matter seized, that the registrar of the board ";
3° the article is supplemented by a § 3 written as follows:
§ 3. Where an order of appeal has been made by the board seized of a case, pursuant to the Rules of Procedure and Evidence, and that property belonging to the accused is located in Belgian territory, it shall, at the request of the Court, be seized and transferred to the Court to allow the recovery of the costs advanced in the context of legal aid. ".
Art. 17. In section 28 of the Act, the following amendments are made:
1° current paragraph 1er, which becomes § 1er, is supplemented by the following sentence:
"In light of the principle of proportionality, it can be granted cumulatively or successively ordinary and special protection measures. ";
2° the article is supplemented by a § 2 written as follows:
"§2. By derogation from section 106 of the Code of Criminal Investigation, a change of identity may be granted to a protected witness and his or her relatives, by decision of the central authority, after consulting the chairman of the Witness Protection Committee.
The new identity is determined on the proposal of the Witness Protection Service, after consultation with the person concerned or his legal representative, and is communicated to the central authority through the Chairman of the Witness Protection Committee.
The procedure for change of identity is not limited only to persons who have Belgian nationality.
The central authority may require any competent authority to ensure the implementation of this decision. In this context, the central authority may impose specific conditions or additional measures to ensure the protection of witnesses.
The change of name, name, date and place of birth is exempt from the registration fee.
By derogation from section 45 of the Civil Code, an excerpt or a copy of an act of civil status concerning a person who has been subject to a change of identity pursuant to this paragraph may be issued only with the express authorization of the central authority, after consultation with the President of the Witness Protection Committee. The same applies to any document or certificate that the Office of the Commissioner-General for Refugees and Stateless Persons or the Office of Foreigners would be required to issue at the request of the central authority.
There may be no offence when absolutely necessary facts are committed under this paragraph, with a view to ensuring the protection of the witness. ";
3° in the current paragraph 2, which becomes § 3, the words "in the preceding paragraph" are replaced by the words "in § 1er".
Art. 18. In section 35 of the Act, the following amendments are made:
1° § 4 is replaced by the following:
§ 4. Early release procedures are governed exclusively by Article 110 of the Statute. The decisions rendered by the Court are enforceable immediately in Belgium.
In this context, the provisions of Belgian legislation relating to the enforcement of sentences do not apply to the detainee who carries out a custodial sentence imposed by the Court in Belgium. ";
2° §§ 5 and 6, as follows, are inserted between §§ 4 and 5:
§ 5. The central authority, after consultation with the penitentiary administration, makes a circumstantial notice when the Court, in the exercise of its powers of early release, requests it.
§ 6. In the event of medical reasons that would require early release, the central authority shall notify the Court as soon as possible, the only competent authority to determine such release. ";
3° the current § 5 becomes § 7.
Art. 19. In section 43 of the Act, the following amendments are made:
1° in the first dash, the words "and the International Tribunal established by the Security Council of the United Nations by its resolution 955 (1994) of 8 November 1994 and charged with judging persons responsible for acts of genocide or other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens alleged to be responsible for such acts or violations committed in the territory of neighbouring States between 1er January and 31 December 1994" are replaced by the words ", the International Tribunal established by the Security Council of the United Nations by its resolution 955 (1994) of 8 November 1994 and charged with the prosecution of persons suspected of committing acts of genocide or other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens alleged to be responsible for such acts or violations committed in the territory of neighbouring States between 1er January and 31 December 1994 and the International Residual Mechanism for the Criminal Tribunals established by the United Nations Security Council in its resolution 1966 (2010) of 22 December 2010; ";
2° after the fourth dash, a dash is inserted as follows:
"- "Resolution 1966 (2010)": resolution 1966 (2010) of 22 December 2010 adopted by the UN Security Council;
3° in the current fifth dash, which becomes the sixth dash, the words "and the Statute adopted by the United Nations Security Council in its resolution 955 (1994)" are replaced by the words ", the Statute adopted by the United Nations Security Council in its resolution 955 (1994) and the Statute adopted by the United Nations Security Council in its resolution 1966 (2010); ";
4° in the current sixth dash, which becomes the seventh dash, the words "and the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda adopted on 29 June 1995" are replaced by the words ", the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda adopted on 29 June 1995 and the Rules of Procedure and Evidence of the International Residual Mechanism for the Criminal Tribunals adopted on 8 June 2012; ";
5° the article is supplemented by two dashes, written as follows:
"- "Central Authority": the competent authority for cooperation between Belgium and the Tribunal is, within the Federal Public Service Justice, the international humanitarian law service, designated by the Royal Decree of 17 September 2005 on the establishment of an international humanitarian law service;
- "Ministry of the Public": the Federal Prosecutor."
Art. 20. In section 44 of the Act, the words "and 955 (1994)" are replaced by the words ", 955 (1994) and 1966 (2010)".
Art. 21. Section 46 of the Act is replaced by the following:
"Art. 46. § 1er. The central authority is competent to receive applications from the Tribunal, to transmit to the Tribunal applications for cooperation from the competent Belgian authorities and to transmit to the Tribunal any information of a judicial nature that may fall within the jurisdiction of the Tribunal. She's monitoring it.
§ 2. The Tribunal's requests are addressed to the central authority by any means of communication leaving a written record. They must be written in one of the official languages of Belgium or, if not, accompanied by a certified translation in one of these languages.
§ 3. The competent Belgian authorities may request the cooperation of the Tribunal. Requests are transmitted through the central authority. The Belgian authorities are obliged to comply with the terms and conditions that the Tribunal imposes the application. Exhibits, if not written in one of the Tribunal's working languages, must be accompanied by a translation into one of these languages. ".
Art. 22. Section 50 of the Act, amended by the Act of 1er July 2006, the following amendments are made:
1° § 2 is replaced by the following:
"§2. The prosecutor's request or the Tribunal's order that deals with a constraint measure for which an investigating judge is solely competent is executed by the investigating judge of the judicial district where the measure is located.
However, if several enforcement measures are requested, the Public Prosecutor's Office may charge one of the territorially competent judges of the execution of all these measures. ";
2° § 3 is replaced by the following:
§ 3. The searches and seizures requested by the Tribunal shall be carried out in accordance with Belgian law without requiring the application to be made enforceable. Before forwarding the documents to the Tribunal, the Board of the Court of First Instance of the Borrowing where the documents were filed shall, within five days of its referral, decide on the transmission of the documents to the Tribunal and, where appropriate, decide on the claim of third-party holders or third-party claimants entitled to the seized matter, that the Registry of the Board of Council shall have previously summoned by registered mail. It is a final ruling and without third-party opposition. ";
3° § 4, paragraph 1er, is supplemented by the following sentence:
"In light of the principle of proportionality, it can be granted cumulatively or successively ordinary and special protection measures. ";
4° in § 4, seven paragraphs, as follows, are inserted between paragraph 1er and paragraph 2:
"By derogation from section 106 of the Code of Criminal Investigation, a change of identity may be granted to a protected witness and his relatives, by decision of the central authority, after consulting the president of the Witness Protection Committee.
The new identity is determined on the proposal of the Witness Protection Service, after consultation with the person concerned or his legal representative, and is communicated to the central authority through the Chairman of the Witness Protection Committee.
The procedure for change of identity is not limited only to persons who have Belgian nationality.
The central authority may require any competent authority to ensure the implementation of this decision. In this context, the central authority may impose specific conditions or additional measures to ensure the protection of witnesses.
The change of name, first name, date and place of birth is exempt from the registration fee.
By derogation from section 45 of the Civil Code, an excerpt or a copy of an act of civil status concerning a person who has been subject to a change of identity pursuant to this paragraph may be issued only with the express authorization of the central authority, after consultation with the President of the Witness Protection Committee. The same applies to any document or certificate that the Office of the Commissioner-General for Refugees and Stateless Persons or the Office of Foreigners would be required to issue at the request of the central authority.
There may be no offence when absolutely necessary facts are committed under paragraphs 2 to 7 of this paragraph, with a view to ensuring the protection of the witness. ";
5° in § 4, current paragraph 2, which becomes new paragraph 9, the word "previous" is replaced by the word "1er";
6° the article is supplemented by §§ 5 to 7 as follows:
§ 5. Any person who is detained in Belgium may, at the request of the Tribunal, be temporarily transferred to the Tribunal so that he or she can identify, hear his or her testimony or obtain another assistance examination.
This person may be transferred if the following conditions are met:
1° the person gives, freely and knowingly, his or her consent to the transfer; and
2° the central authority gives its consent to the transfer to the Tribunal, subject to the conditions that they may agree.
The temporary transfer of detainees is organized by the central authority in liaison with the Registrar and the host state authorities of the Tribunal.
Time limits for pre-trial detention are suspended during the absence of the territory of the person concerned.
§ 6. At the request of the Tribunal, the central authority authorizes the transport through the territory of Belgium of any person transferred to the Tribunal by another State, except in cases where transit would hinder or delay delivery.
If an unforeseen landing takes place in Belgian territory, a transit request may be required from the Tribunal. The transported person is detained pending the request and completion of the transit. However, detention may not extend beyond noante-six hours after unforeseen landing if the request is not received within that time limit.
§ 7. At the request of the Tribunal, the central authority authorizes the transportation through the territory of Belgium of any person held abroad, as part of the execution of a mutual legal assistance application at the seat of the Tribunal. The title of detention of the interested party will produce its effects on Belgian territory the time necessary for its passage. ".
Art. 23. In section 53 of the Act, the following amendments are made:
1° the words "the indicted" and "interested" are, each time, replaced by the words "the arrested person";
2° in § 1er, paragraph 4, second sentence, the word "This one" is replaced by the word "This one";
3° in § 1er, paragraph 5, the sentence "The Indictment Chamber shall hear the Public Prosecutor's Office, the accused and his counsel within four days of his appeal and shall rule no later than eight days." is replaced by the sentence "The Indictment Chamber shall hear the Public Prosecutor's Office, the arrested person and his counsel and shall rule no later than fifteen days after the introduction of the appeal. ";
4° in § 1ertwo subparagraphs, as follows, are inserted between paragraphs 5 and 6:
"The decision taken by the board of indictments is not likely to appeal in cassation.
The surrender of the arrested person may take place only when the decision making the arrest and surrender request enforceable has become final. ";
5° § 2 is replaced by the following:
"§2. The request for provisional arrest referred to in the Regulations, which is made in the event of an emergency by the prosecutor, shall be carried out on the basis of an arrest warrant issued by the investigating judge of the judicial district where the person subject to that warrant is located, or where it was found. The investigating judge checks whether the documents required for the preliminary arrest were provided and whether there is no mistake on the person.
The arrest warrant must be served within 24 hours of deprivation of liberty.
The arrest warrant is not subject to appeal. ";
6° the article is supplemented by a § 3 written as follows:
§ 3. The arrested person has the right to request the indictment, by request, his provisional release pending his release.
The Indictment Chamber shall decide within fifteen days of the introduction of the application, after hearing the Public Prosecutor's Office, the arrested person and his counsel. When deciding, the Indictment Chamber shall consider whether, in view of the seriousness of the alleged crimes, the urgency and exceptional circumstances warrant provisional release.
The Indictment Chamber is not authorized to examine whether the arrest warrant has been issued regularly by the Tribunal.
In the event of provisional release, the Indictment Chamber sets out the conditions to ensure that Belgium can fulfill its obligation to hand the person to the Tribunal. When conditions are not met, the investigating judge, upon requisition of the Public Prosecutor's Office, shall issue an arrest warrant.
If provisional release is granted, the Tribunal may request periodic reports on the provisional release regime from the central authority.
The decision taken by the board of indictments is subject to appeal in cassation in the forms and deadlines provided for in section 31 of the Act of 20 July 1990 on preventive detention.
The arrested person remains in detention until the decision on the appeal in cassation provided that the person intervenes within fifteen days of the notice of appeal; the person is released if the decision is not made within that time limit.
Where the request under paragraph 1er is rejected, the arrested person may only file a new application for release on the expiry of a period of one month from the decision to release.
The provisions of this paragraph shall apply to the arrest warrant referred to in paragraph 4 in fine.".
Art. 24. In section 55 of the Act, the following amendments are made:
1° in § 2, first sentence, the words "of the place" are replaced by the words "of the judicial district where the place of detention is located";
2° in § 2, second sentence, the words "This one proceeds with his questioning of identity" are replaced by the words "The King's prosecutor conducts the interrogation of identity";
3° §§ 3 to 5, as follows, are inserted between §§ 2 and 3:
§ 3. Early release proceedings are governed exclusively by the Statute of the Tribunal. The decisions rendered by the Tribunal are enforceable immediately in Belgium.
In this context, the provisions of Belgian legislation relating to the enforcement of sentences do not apply to the detainee who carries out a custodial sentence imposed by the Tribunal in Belgium.
§ 4. The central authority, after consultation with the penitentiary administration, makes a circumstantial notice when the Tribunal, in the exercise of its powers of early release, requests it.
§ 5. In the event of medical reasons that would require early release, the central authority shall notify the Tribunal as soon as possible, the only competent authority to decide on such release. ";
4° the current § 3 becomes § 6.
Art. 25. In Chapter V of Title III of the Act, a section 55bis is inserted as follows:
"Art. 55bis. Belgium implements the confiscation measures ordered by the Tribunal without prejudice to the rights of third parties in good faith. When an application for the enforcement of a confiscation decision is sent by the Tribunal to Belgium, the correctional court of the judicial district where the property on which the confiscation is carried shall render this decision enforceable, after hearing the public prosecutor and the convicted person or his counsel. Where it is impossible to give effect to the confiscation order, measures of confiscation by equivalent, referred to in article 43bis, paragraph 2, of the Criminal Code, are taken without prejudice to the rights of third parties in good faith. The property or proceeds of the sale of real property or, if any, other property obtained pursuant to a judgment rendered by the Tribunal shall be transferred to the Tribunal through the central authority. ".
Art. 26. In section 58 of the same law, inserted by the law of 1er July 2006, the following amendments are made:
1° the first dash is supplemented by the words "and the Residual Special Court for Sierra Leone established by the International Agreement of 29 July (New York) and 11 August 2010 (Freetown) between the United Nations and the Government of Sierra Leone, and arising from Security Council resolution 1315 (2000) of 14 August 2000;"
2° the second dash is supplemented by the words "and the Statute of the Residual Special Court for Sierra Leone, annexed to the International Agreement of 29 July (New York) and 11 August 2010 (Freetown) between the United Nations and the Government of Sierra Leone;"
3° the article is completed by two dashes, written as follows:
"- "Central Authority": the competent authority for cooperation between Belgium and the Tribunal, either within the Federal Public Service Justice, the international humanitarian law service, designated by the Royal Decree of 17 September 2005 on the establishment of an international humanitarian law service;
- "Ministry of the Public": the Federal Prosecutor."
Art. 27. Section 60 of the Act, inserted by the Law of 1er July 2006, is replaced by the following:
"Art. 60. § 1er. The central authority is competent to receive applications from the Tribunal, to transmit to the Tribunal applications for cooperation from the competent Belgian authorities and to transmit to the Tribunal any information of a judicial nature that may fall within the jurisdiction of the Tribunal. She's monitoring it.
§ 2. The Tribunal's requests are addressed to the central authority by any means of communication leaving a written record. They must be written in one of the official languages of Belgium or, if not, accompanied by a certified translation in one of these languages.
§ 3. The competent Belgian authorities may request the cooperation of the Tribunal. Requests are transmitted through the central authority. The Belgian authorities are obliged to comply with the terms and conditions that the Tribunal imposes the application. Exhibits, if not written in one of the Tribunal's working languages, must be accompanied by a translation into one of these languages. ".
Art. 28. In section 62 of the same law, inserted by the law of 1er July 2006, the following amendments are made:
1° § 2 is replaced by the following:
"§2. The prosecutor's request or the Tribunal's order that deals with a constraint measure for which an investigating judge is solely competent is executed by the investigating judge of the judicial district where the measure is located.
However, if several enforcement measures are requested, the Public Prosecutor's Office may charge one of the territorially competent judges of the execution of all these measures. ";
2° § 3 is replaced by the following:
§ 3. The searches and seizures requested by the Tribunal shall be carried out in accordance with Belgian law without requiring the application to be made enforceable. Before forwarding the documents to the Tribunal, the Board of the Court of First Instance of the Borrowing where the documents were filed shall, within five days of its referral, decide on the transmission of the documents to the Tribunal and, where appropriate, shall decide on the claim of third-party holders or third-party claimants entitled to the seized matter, that the Registry of the Board of Council shall have previously summoned by registered mail. It is a final ruling and without third-party opposition. ";
3° § 4, paragraph 3, is supplemented by the following sentence:
"In light of the principle of proportionality, it can be granted cumulatively or successively ordinary and special protection measures. ";
4° in § 4, seven paragraphs, as follows, are inserted between paragraph 3 and paragraph 4:
"By derogation from section 106 of the Code of Criminal Investigation, a change of identity may be granted to a protected witness and his relatives, by decision of the central authority, after consulting the president of the Witness Protection Committee.
The new identity is determined on the proposal of the Witness Protection Service, after consultation with the person concerned or his legal representative, and is communicated to the central authority through the Chairman of the Witness Protection Committee.
The procedure for change of identity is not limited only to persons who have Belgian nationality.
The central authority may require any competent authority to ensure the implementation of this decision. In this context, the central authority may impose specific conditions or additional measures to ensure the protection of witnesses.
The change of name, name, date and place of birth is exempt from the registration fee.
By derogation from section 45 of the Civil Code, an excerpt or a copy of an act of civil status concerning a person who has been subject to a change of identity pursuant to this paragraph may be issued only with the express authorization of the central authority, after consultation with the President of the Witness Protection Committee. The same applies to any document or certificate that the Office of the Commissioner-General for Refugees and Stateless Persons or the Office of Foreigners would be required to issue at the request of the central authority.
There may be no offence when absolutely necessary facts are committed under paragraphs 4 to 9 of this paragraph, with a view to ensuring the protection of the witness. ";
5° in § 4, paragraph 4, which becomes paragraph 11, the word "previous" is replaced by the word "1er";
6° the article is supplemented by §§ 5 to 7, written as follows:
§ 5. Any person who is detained in Belgium may, at the request of the Tribunal, be temporarily transferred to the Tribunal so that he or she can identify, hear his or her testimony or obtain another assistance examination.
This person may be transferred if the following conditions are met:
1° the person gives, freely and knowingly, his or her consent to the transfer; and
2° the central authority gives its consent to the transfer to the Tribunal, subject to the conditions that they may agree.
The temporary transfer of detainees is organized by the central authority in liaison with the Registrar and the host state authorities of the Tribunal.
Time limits for pre-trial detention are suspended during the absence of the territory of the person concerned.
§ 6. At the request of the Tribunal, the central authority authorizes the transport through the territory of Belgium of any person transferred to the Tribunal by another State, except in cases where transit would hinder or delay delivery.
If an unforeseen landing takes place in Belgian territory, a transit request may be required from the Tribunal. The transported person is detained pending the request and completion of the transit. However, detention may not extend beyond noante-six hours after unforeseen landing if the request is not received within that time limit.
§ 7. At the request of the Tribunal, the central authority authorizes the transportation through the territory of Belgium of any person held abroad, as part of the execution of a mutual legal assistance application at the seat of the Tribunal. The title of detention of the interested party will produce its effects on Belgian territory the time necessary for its passage. ".
Art. 29. In title V of the same law, inserted by the law of 1er July 2006, a chapter III entitled "Execution of Penalties" was inserted.
Art. 30. In Chapter III, inserted by Article 29, an article 63bis is inserted as follows:
"Art. 63bis. § 1er. To the extent that Belgium has entered into a bilateral enforcement agreement with the Tribunal, the prison sentence is directly and immediately enforceable in Belgium.
§ 2. Within twenty-four hours of his arrival at the prison facility assigned to him, the transferred person appeared before the King's Prosecutor at the court of first instance of the judicial district where the place of detention is located. The King's prosecutor conducts an interrogation of identity, a verbatim record and, in the light of the original or an expedition of the Tribunal's judgment, orders the immediate incarceration of the convicted person.
§ 3. Early release proceedings are governed exclusively by the Statute of the Tribunal. The decisions rendered by the Tribunal are enforceable immediately in Belgium.
In this context, the provisions of Belgian legislation relating to the enforcement of sentences do not apply to the detainee who carries out a custodial sentence imposed by the Tribunal in Belgium.
§ 4. The central authority, after consultation with the penitentiary administration, makes a circumstantial notice when the Tribunal, in the exercise of its powers of early release, requests it.
§ 5. In the event of medical reasons that would require early release, the central authority shall notify the Tribunal as soon as possible, the only competent authority to decide on such release.
§ 6. The application for a review of the Tribunal's decision on guilt or punishment, the decision to review and its application shall be governed by the Statute of the Tribunal and by the bilateral enforcement agreement between Belgium and the Tribunal."
Art. 31. In the same chapter III, an article 63ter is inserted as follows:
"Art. 63ter. Belgium implements the confiscation measures ordered by the Tribunal without prejudice to the rights of third parties in good faith. When an application for the enforcement of a confiscation decision is sent by the Tribunal to Belgium, the correctional court of the judicial district where the property on which the confiscation is carried shall render this decision enforceable, after hearing the public prosecutor and the convicted person or his counsel. Where it is impossible to give effect to the confiscation order, measures of confiscation by equivalent, referred to in article 43bis, paragraph 2, of the Criminal Code, are taken without prejudice to the rights of third parties in good faith. The property or proceeds of the sale of real property or, if any, other property obtained pursuant to a judgment rendered by the Tribunal shall be transferred to the Tribunal through the central authority. ".
Art. 32. In section 64 of the same law, inserted by the law of 1er July 2006, the following amendments are made:
1° the word "Kampouchéa" is each time replaced by the word "Kampuchéa";
2° the article is supplemented by two dashes written as follows:
"- "Central Authority": the competent authority for cooperation between Belgium and the Extraordinary Chambers, either within the Federal Public Service Justice, the international humanitarian law service, designated by the Royal Decree of 17 September 2005 on the establishment of an international humanitarian law service;
- "Ministry of the Public": the Federal Prosecutor."
Art. 33. Section 66 of the Act, inserted by the Law of 1er July 2006, is replaced by the following:
"Art. 66. § 1er. The central authority is competent to receive the requests made by the Extraordinary Chambers, to transmit to the Extraordinary Chambers the requests for cooperation from the competent Belgian authorities and to transmit to the Extraordinary Chambers any judicial information that may fall within the jurisdiction of the Extraordinary Chambers. She's monitoring it.
§ 2. Requests from the Extraordinary Chambers are addressed to the central authority by any means of communication leaving a written record. They must be written in one of the official languages of Belgium or, if not, accompanied by a certified translation in one of these languages.
§ 3. The competent Belgian authorities may request the cooperation of the Extraordinary Chambers. Requests are transmitted through the central authority. The Belgian authorities are obliged to comply with the conditions under which the Extraordinary Chambers shall comply with the application. The supporting documents, if not written in one of the working languages of the Extraordinary Chambers, must be accompanied by a translation into one of these languages. ".
Art. 34. In section 68 of the same law, inserted by the law of 1er July 2006, the following amendments are made:
1° § 2 is replaced by the following:
"§2. The request of the prosecutor or the examining magistrate, or the order of the Extraordinary Chambers that deals with a constraint measure for which an examining magistrate is solely competent, shall be executed by the investigating judge of the judicial district where the measure is located.
However, if several enforcement measures are requested, the Public Prosecutor's Office may charge one of the territorially competent judges of the execution of all these measures. ";
2° § 3 is replaced by the following:
§ 3. The searches and seizures requested by the Extraordinary Chambers are carried out in accordance with Belgian law without requiring the application to be made enforceable. Before transmitting the exhibits to the Extraordinary Chambers, the board of the Court of First Instance of the Borough where the exhibits were filed shall, within five days of its referral, decide on the transmission of the exhibits to the Extraordinary Chambers and shall, if any, decide on the claim of third-party holders or third parties claiming right on the seized thing, that the board's office will have previously summoned by registered mail. It is a final ruling and without third-party opposition. ";
3° § 4, paragraph 1er, is supplemented by the following sentence:
"In light of the principle of proportionality, it can be granted cumulatively or successively ordinary and special protection measures. ";
4° in § 4, seven paragraphs, as follows, are inserted between paragraph 1er and paragraph 2:
"By derogation from section 106 of the Code of Criminal Investigation, a change of identity may be granted to a protected witness and his relatives, by decision of the central authority, after consulting the president of the Witness Protection Committee.
The new identity is determined on the proposal of the Witness Protection Service, after consultation with the person concerned or his legal representative, and is communicated to the central authority through the Chairman of the Witness Protection Committee.
The procedure for change of identity is not limited only to persons who have Belgian nationality.
The central authority may require any competent authority to ensure the implementation of this decision. In this context, the central authority may impose specific conditions or additional measures to ensure the protection of witnesses.
The change of name, name, date and place of birth is exempt from the registration fee.
By derogation from section 45 of the Civil Code, an excerpt or a copy of an act of civil status concerning a person who has been subject to a change of identity pursuant to this paragraph may be issued only with the express authorization of the central authority, after consultation with the President of the Witness Protection Committee. The same applies to any document or certificate that the Office of the Commissioner-General for Refugees and Stateless Persons or the Office of Foreigners would be required to issue at the request of the central authority.
There may be no offence when absolutely necessary facts are committed under paragraphs 2 to 7 of this paragraph, with a view to ensuring the protection of the witness. ";
5° in § 4, paragraph 2, which becomes paragraph 9, the word "previous" is replaced by the word "1er";
6° the article is supplemented by §§ 5 to 7, written as follows:
§ 5. Any person who is detained in Belgium may, at the request of the Extraordinary Chambers, be temporarily transferred to them so that they can identify it, hear its testimony or obtain from it another assistance contest.
This person may be transferred if the following conditions are met:
1° the person gives, freely and knowingly, his or her consent to the transfer; and
2° the central authority gives its agreement to the transfer to the Extraordinary Chambers, subject to the conditions they may agree.
The temporary transfer of detainees is organized by the central authority in connection with the clerk and the authorities of the host state of the Extraordinary Chambers.
Time limits for pre-trial detention are suspended during the absence of the territory of the person concerned.
§ 6. At the request of the Extraordinary Chambers, the central authority authorizes the transport through the territory of Belgium of any person transferred to the Extraordinary Chambers by another State, except in case the transit would hinder or delay the delivery.
If an unforeseen landing takes place in Belgian territory, a transit request may be required from Extraordinary Chambers. The transported person is detained pending the request and completion of the transit. However, detention may not extend beyond noante-six hours after unforeseen landing if the request is not received within that time limit.
§ 7. At the request of the Extraordinary Chambers, the central authority authorizes the transportation of any person detained abroad through the territory of Belgium, as part of the execution of a request for mutual legal assistance at the headquarters of the Extraordinary Chambers. The title of detention of the interested party will produce its effects on Belgian territory the time necessary for its passage. ".
Art. 35. In title VI of the same law, inserted by the law of 1er July 2006, a chapter III entitled "Execution of Penalties" was inserted.
Art. 36. In chapter III, inserted by section 35, an article 69bis is inserted as follows:
"Art. 69bis. Belgium implements the confiscation measures ordered by the Extraordinary Chambers without prejudice to the rights of third parties in good faith. When an application for the enforcement of a confiscation decision is sent by the Extraordinary Chambers to Belgium, the Correctional Court of the Judicial Borough where the property on which the confiscation is located makes this decision enforceable, after hearing the Public Prosecutor's Office and the convicted person or his counsel. Where it is impossible to give effect to the forfeiture order, confiscation measures by equivalent, referred to in section 43bis, paragraph 2, of the Criminal Code, may be ordered by the correctional court of the place where the property on which the forfeiture relates, without prejudice to the rights of third parties in good faith. The property or proceeds of the sale of real property or, if any, other property obtained pursuant to an order made by the Extraordinary Chambers shall be transferred to the Extraordinary Chambers through the central authority. ".
Art. 37. In the same law, a VIbis title is inserted entitled "Cooperation with the Special Tribunal for Lebanon".
Art. 38. In the title VIbis, inserted by article 37, it is inserted a chapter Ier "General."
Art. 39. In chapter Ier, inserted by section 38, an article 70 is inserted as follows:
"Art. 70. For the purposes of Title VIbis of this Act, the following terms shall mean:
- "Tribunal": the Special Tribunal for Lebanon established by the international agreement of 6 February 2007 between the United Nations and the Government of Lebanon, pursuant to resolution 1664 (2006) of 29 March 2006 adopted by the United Nations Security Council;
- "Statut": the Statute of the Special Tribunal for Lebanon annexed to resolution 1757 (2007) of 30 May 2007 adopted by the United Nations Security Council;
- "Procuror": the Prosecutor of the Tribunal and any person authorized by him or working under his or her authority in the course of his or her functions under the Statute;
- "Central Authority": the competent authority for cooperation between Belgium and the Special Tribunal for Lebanon, either within the Federal Public Service Justice, the international humanitarian law service, designated by the Royal Decree of 17 September 2005 on the establishment of an international humanitarian law service;
- "Ministry of the Public": the Federal Prosecutor."
Art. 40. In the same chapter Ier, an article 71 is inserted as follows:
"Art. 71. In accordance with the provisions of this Act, Belgium may respond to requests for cooperation made by the Tribunal."
Art. 41. In the same chapter Ier, an article 72 is inserted as follows:
"Art. 72. § 1er. The central authority is competent to receive applications from the Tribunal, to transmit to the Tribunal applications for cooperation from the competent Belgian authorities and to transmit to the Tribunal any information of a judicial nature that may fall within the jurisdiction of the Tribunal. She's monitoring it.
§ 2. The Tribunal's requests are addressed to the central authority by any means of communication leaving a written record. They must be written in one of the official languages of Belgium or, if not, accompanied by a certified translation in one of these languages.
§ 3. The competent Belgian authorities may request the cooperation of the Tribunal. Requests are transmitted through the central authority. The Belgian authorities are obliged to comply with the terms and conditions that the Tribunal imposes the application. Exhibits, if not written in one of the Tribunal's working languages, must be accompanied by a translation into one of these languages. ".
Art. 42. In the same chapter Ier, an article 73 is inserted as follows:
"Art. 73. The competent authorities shall grant the Tribunal their full judicial cooperation in all proceedings arising from a request for cooperation from the Tribunal to which the central authority has decided to act.".
Art. 43. In the title VIbis inserted by article 37, a chapter II entitled "Judicial assistance" is inserted.
Art. 44. In chapter II, inserted by section 43, an article 74 is inserted as follows:
"Art. 74. § 1er. The requests of the public prosecutor or the Tribunal's orders for the completion of measures relating to the collection and production of elements that relate, inter alia, to the identification and search of persons, the gathering of testimonies, the production of evidence and the shipment of documents, and which are necessary for the investigation or proper conduct of the trial, are carried out according to the procedure provided by Belgian law and, unless such legislation is prohibited, as it says.
§ 2. The prosecutor's request or the Tribunal's order that deals with a constraint measure for which an investigating judge is solely competent is executed by the investigating judge of the judicial district where the measure is located.
However, if several enforcement measures are requested, the Public Prosecutor's Office may charge one of the territorially competent judges of the execution of all these measures.
§ 3. The searches and seizures requested by the Tribunal shall be carried out in accordance with Belgian law without requiring the application to be made enforceable. Before forwarding the documents to the Tribunal, the Board of the Court of First Instance of the Borrowing where the documents were filed shall, within five days of its referral, decide on the transmission of the documents to the Tribunal and, where appropriate, decide on the claim of third-party holders or third-party claimants entitled to the seized matter, that the Registry of the Board of Council shall have previously summoned by registered mail. It is a final ruling and without third-party opposition.
§ 4. When the Tribunal has granted the status of a protected witness to a person and requests Belgium to implement protective measures in its favour, the central authority, after consulting the chair of the witness protection commission established by article 103 of the Code of Criminal Procedure, decides what measures are referred to in article 104 of the same Code, which should be granted to that person. Regardless of the measures granted to the protected witness, and where it deems it necessary, the central authority may also grant protection measures to relatives of that person referred to in section 104. These measures are implemented in the same manner as the measures granted for the benefit of a threatened witness, a member of his family or another parent referred to in section 102 of the same Code. Given the principle of proportionality, regular and special protective measures may be granted cumulatively or successively.
By derogation from section 106 of the Code of Criminal Investigation, a change of identity may be granted to a protected witness and his or her relatives, by decision of the central authority, after consulting the chairman of the Witness Protection Committee.
The new identity is determined on the proposal of the Witness Protection Service, after consultation with the person concerned or his legal representative, and is communicated to the central authority through the Chairman of the Witness Protection Committee.
The procedure for change of identity is not limited only to persons who have Belgian nationality.
The central authority may require any competent authority to ensure the implementation of this decision. In this context, the central authority may impose specific conditions or additional measures to ensure the protection of witnesses.
The change of name, name, date and place of birth is exempt from the registration fee.
By derogation from section 45 of the Civil Code, an excerpt or a copy of an act of civil status concerning a person who has been subject to a change of identity pursuant to this paragraph may be issued only with the express authorization of the central authority, after consultation with the President of the Witness Protection Committee. The same applies to any document or certificate that the Office of the Commissioner-General for Refugees and Stateless Persons or the Office of Foreigners would be required to issue at the request of the central authority.
There may be no offence when absolutely necessary facts are committed under paragraphs 2 to 7 of this paragraph, with a view to ensuring the protection of the witness.
When the Tribunal terminates the status of protected witness in favour of a person referred to in paragraph 1er, the central authority determines whether it is appropriate to maintain the measures implemented with respect to it or with respect to others.
§ 5. Any person who is detained in Belgium may, at the request of the Tribunal, be temporarily transferred to the Tribunal so that he or she can identify, hear his or her testimony or obtain another assistance examination.
This person may be transferred if the following conditions are met:
1° the person gives, freely and knowingly, his or her consent to the transfer; and
2° the central authority gives its consent to the transfer to the Tribunal, subject to the conditions that they may agree.
The temporary transfer of detainees is organized by the central authority in liaison with the Registrar and the host state authorities of the Tribunal.
Time limits for pre-trial detention are suspended during the absence of the territory of the person concerned.
§ 6. At the request of the Tribunal, the central authority authorizes the transport through the territory of Belgium of any person transferred to the Tribunal by another State, except in cases where transit would hinder or delay delivery.
If an unforeseen landing takes place in Belgian territory, a transit request may be required from the Tribunal. The transported person is detained pending the request and completion of the transit. However, detention may not extend beyond noante-six hours after unforeseen landing if the request is not received within that time limit.
§ 7. At the request of the Tribunal, the central authority authorizes the transportation of any person held abroad through the territory of Belgium as part of the execution of a mutual assistance request at the seat of the Tribunal. The title of detention of the interested party will produce its effects on Belgian territory the time necessary for its passage. ".
Art. 45. In the same chapter II, an article 75 is inserted as follows:
"Art. 75. The competent judicial authority seized shall inform the Tribunal of the date and place of execution of the required action. The prosecutor or the appellant's judge are allowed to attend this execution."
Art. 46. In the title VIbis, inserted by article 37, a chapter III entitled "Arrest and transfer" is inserted.
Art. 47. In Chapter III, inserted by Article 46, an article 76 is inserted as follows:
"Art. 76. § 1er. The arrest warrant issued by the Tribunal in respect of a person on Belgian territory is rendered enforceable by the board of the place of his residence or the place where he was found.
The board's room checks whether the documents required for the arrest were provided and whether there is no mistake on the person.
The Public Prosecutor's Office, within 24 hours of the Board's order refusing to enforce the Tribunal's arrest warrant, may appeal this decision to the Indictment Chamber. This one's statue within eight days. The arrest is enforceable.
Within 24 hours of deprivation of liberty, the decision making the Tribunal's arrest warrant enforceable is served on the arrested person. It shall have a period of twenty-four hours from the date of service, to lodge an appeal before the board of indictments. This appeal is filed by a statement to the Correctional Registry or by a statement from the person arrested to the Director of the Arrest House or his or her delegate.
The Indictment Chamber shall hear the Public Prosecutor's Office, the arrested person and his counsel and shall decide no later than fifteen days after the appeal is filed. The arrest is enforceable. The arrested person will remain in custody until the indictment chamber decides.
The decision taken by the board of indictments is not likely to appeal in cassation.
The surrender of the arrested person may take place only when the decision making the arrest and surrender request enforceable has become final.
When the Tribunal's arrest warrant is finally made enforceable, the transfer of the arrested person must take place within three months.
§ 2. The arrested person has the right to request the indictment, by request, his provisional release pending his release.
The Indictment Chamber shall decide within fifteen days of the introduction of the application, after hearing the Public Prosecutor's Office, the arrested person and his counsel. When deciding, the Indictment Chamber shall consider whether, in view of the seriousness of the alleged crimes, the urgency and exceptional circumstances warrant provisional release.
The Indictment Chamber is not authorized to examine whether the arrest warrant has been issued regularly by the Tribunal.
In the event of provisional release, the Indictment Chamber sets out the conditions to ensure that Belgium can fulfill its obligation to hand the person to the Tribunal. When conditions are not met, the investigating judge, upon requisition of the Public Prosecutor's Office, shall issue an arrest warrant.
If provisional release is granted, the Tribunal may request periodic reports on the provisional release regime from the central authority.
The decision taken by the board of indictments is subject to appeal in cassation in the forms and deadlines provided for in section 31 of the Act of 20 July 1990 on preventive detention.
The arrested person remains in detention until the decision on the appeal in cassation provided that the person intervenes within fifteen days of the notice of appeal; the person is released if the decision is not made within that time limit.
Where the request under paragraph 1er is rejected, the arrested person may only file a new application for release on the expiry of a period of one month from the decision to release.
The provisions of this paragraph shall apply to the arrest warrant referred to in paragraph 4 in fine.".
Art. 48. In the same chapter III, an article 77 is inserted as follows:
"Art. 77. In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Government transfers the arrested person in accordance with the Rules of the Tribunal."
Art. 49. In the title VIbis, inserted by article 37, a chapter IV entitled "Execution of penalties".
Art. 50. In chapter IV, inserted by section 49, an article 78 is inserted as follows:
"Art. 78. § 1er. To the extent that Belgium has entered into a bilateral enforcement agreement with the Tribunal, the prison sentence is directly and immediately enforceable in Belgium.
§ 2. Within twenty-four hours of his arrival at the prison facility assigned to him, the transferred person appeared before the King's Prosecutor at the court of first instance of the judicial district where the place of detention is located. The King's prosecutor proceeds with his interrogation of identity, a record-keeping, and, in the light of the original or an expedition of the Tribunal's judgment, orders the immediate incarceration of the convicted person.
§ 3. Early release proceedings are governed exclusively by the Statute of the Tribunal. The decisions rendered by the Tribunal are enforceable immediately in Belgium.
In this context, the provisions of Belgian legislation relating to the enforcement of sentences do not apply to the detainee who carries out a custodial sentence imposed by the Tribunal in Belgium.
§ 4. The central authority, after consultation with the penitentiary administration, makes a circumstantial notice when the Tribunal, in the exercise of its powers of early release, requests it.
§ 5. In the event of medical reasons that would require early release, the central authority shall notify the Tribunal as soon as possible, the only competent authority to decide on such release.
§ 6. The application for a review of the Tribunal's decision on guilt or punishment, the decision to review and its application shall be governed by the Statute of the Tribunal and by the bilateral enforcement agreement between Belgium and the Tribunal."
Art. 51. In the same chapter IV, an article 79 is inserted as follows:
"Art. 79. Belgium implements the confiscation measures ordered by the Tribunal without prejudice to the rights of third parties in good faith. When an application for the enforcement of a confiscation decision is sent by the Tribunal to Belgium, the correctional court of the judicial district where the property on which the confiscation is carried shall render this decision enforceable, after hearing the public prosecutor and the convicted person or his counsel. Where it is impossible to give effect to the confiscation order, measures of confiscation by equivalent, referred to in article 43bis, paragraph 2, of the Criminal Code, are taken without prejudice to the rights of third parties in good faith. The property or proceeds of the sale of real property or, if any, other property obtained pursuant to a judgment rendered by the Tribunal shall be transferred to the Tribunal through the central authority. ".
Art. 52. The current section 70 of the Act is renumbered in section 80.
CHAPTER 3 . - Amendment of the Code of Criminal Investigation
Art. 53. Article 90ter, § 2, 1° bis, of the Code of Criminal Investigation, inserted by the law of 10 January 1999 and last amended by the law of 5 August 2003, is supplemented by the words:
"and Article 41 of the Law of 29 March 2004 concerning cooperation with the International Criminal Court and the International Criminal Courts".
CHAPTER 4. - Entry into force
Art. 54. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this Act, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, March 26, 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: 53-3299.
Full report: 13 March 2014.
Senate (www.senate.be):
Documents: 5-2742.
Annales du Senate: March 20, 2014.