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14 FEBRUARY 2014. - Proceedings before the Court of Cassation in Criminal Matters (1)

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 78 of the Constitution.
CHAPTER 2. - Amendments to the Code of Criminal Investigation
Art. 2. Section 251 of the Code of Criminal Investigation, restored by the Act of 21 December 2009, is repealed.
Art. 3. Section 252 of the same Code, restored by the Act of December 21, 2009, is repealed.
Art. 4. Section 253 of the same Code, restored by the Act of December 21, 2009, is repealed.
Art. 5. Section 291 of the same Code, replaced by the Act of December 21, 2009, is repealed.
Art. 6. In section 337, paragraph 3, of the same Code, replaced by the Act of December 21, 2009, the words "see section 359" are repealed.
Art. 7. In section 359 of the same Code, replaced by the Act of December 21, 2009, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The convict has fifteen days after the one where the order was pronounced contradictoryly to declare to the court that he appeals in cassation. ";
2° in paragraph 4, the words "until receipt of the decision of the Court of Cassation" are replaced by the words "until the judgment of the Court of Cassation".
Art. 8. Section 407 of the same Code, last amended by the Act of 22 June 1976, is repealed.
Art. 9. In section 408, paragraph 1^er, of the same Code, as amended by the Act of 10 July 1967, the words ", from the earliest null act" are repealed.
Art. 10. Section 409 of the same Code is repealed.
Art. 11. Section 411 of the same Code is repealed.
Art. 12. Section 413 of the Code, last amended by the Act of 15 June 1981, is replaced by the following:
"Art. 413. When the accused or defendant has been acquitted, no one shall avail himself against him of the violation or omission of the forms prescribed for his defence. "
Art. 13. Section 414 of the same Code is repealed.
Art. 14. Section 415 of the same Code, as amended by the Act of 10 July 1967, is repealed.
Art. 15. In Book II, Title III, of the same Code, the title of Chapter II is replaced by the following:
"Chapter II. - Case procedure."
Art. 16. Section 416 of the same Code, last amended by the Act of 16 January 2009, is replaced by the following:
"Art. 416. The parties can only form a cassation foresee if they are good and good to form it."
Art. 17. Section 417 of the same Code, last amended by the Act of 20 December 1974, is replaced by the following:
"Art. 417. The Public Prosecutor's Office and the Civil Party may form a cassation appeal against the non-court ruling. ".
Art. 18. Section 418 of the same Code, last amended by the Act of 10 July 1967, is replaced by the following:
"Art. 418. Only the final court decisions are subject to appeal in cassation. ".
Art. 19. Section 419 of the same Code, repealed by the Act of 20 June 1953, is reinstated in the following wording:
"Art. 419. No one shall be allowed to file a cassation once against the same decision, except in the cases provided by law."
Art. 20. Section 420 of the same Code, restored by the Act of 10 October 1967, is replaced by the following:
"Art. 420. The cassation appeal against pre-trial and investigative decisions is only open after the final judgment or judgment, even if they have been executed without reservation.
However, an immediate appeal against decisions may be formed:
1° on jurisdiction;
2° pursuant to articles 135, 235bis and 235ter;
3° relating to civil action on the principle of liability;
4° which, in accordance with Article 524bis, § 1^er, decide on public action and order a special investigation into heritage benefits. ".
Art. 21. Section 420bis of the same Code, inserted by the Act of 10 October 1967 and amended by the Act of 14 November 2000, is repealed.
Art. 22. Section 420ter of the same Code, inserted by the Act of 10 October 1967 and amended by the Act of 14 November 2000, is repealed.
Art. 23. Section 421 of the Code, repealed by the Act of 12 February 2003, is reinstated in the following wording:
"Art. 421. The Attorney General near the Court of Appeal and the other parties may file a cassation appeal against the referral order to the Court of Assault.
As soon as it is due, the statement must specify the reason for the appeal.
Without prejudice to the jurisdictional decision, the cassation appeal may only be filed in the following cases:
1° if the act is not classified as a crime by law;
2° if the public prosecutor has not been heard;
3° if the decision has not been rendered by the number of judges established by law;
4° if the rules of the contradictory procedure provided for in Article 223 have not been complied with;
5° if the legal provisions relating to the use of languages in judicial matters have not been observed.
As soon as the Clerk has received the statement, the shipment of the order is forwarded by the Attorney General to the Court of Appeal to the Attorney General near the Court of Cassation, which is required to make a decision on all cases that have been discontinued. ".
Art. 24. Section 422 of the same Code, as amended by the Act of 15 June 1981, is replaced by the following:
"Art. 422. When the sentence is the same as that imposed by the law that applies to the offence, no one may request the cassation of the judgment or judgment on the sole ground that there has been an error in the citation of the law."
Art. 25. Section 423 of the same Code, replaced by the Act of 20 June 1953 and last amended by the Act of 26 June 2000, is replaced by the following:
"Art. 423. Except in cases where the law establishes another time limit, the notice of appeal in cassation is made within fifteen days of the pronouncement of the decision under appeal. ".
Art. 26. Section 424 of the same Code, replaced by the Act of 20 June 1953, is replaced by the following:
"Art. 424. If the decision has been rendered by default and is subject to opposition, the time limit for filing in cassation begins at the expiry of the opposition period or, where the decision has been rendered by default with respect to the defendant or the accused, after the expiry of the ordinary opposition periods. The cassation appeal must be filed within fifteen days after the expiry of these deadlines.".
Art. 27. Section 425 of the same Code, replaced by the Act of 20 June 1953 and amended by the Act of 6 May 1997, is replaced by the following:
"Art. 425. § 1^er. Without prejudice to § 2, the statement of appeal is made by the Public Prosecutor's Office or the lawyer at the court office who rendered the decision under appeal. It is signed by the Public Prosecutor's Office or a lawyer as well as by the Registrar and registered in the registry for this purpose.
A lawyer must be certified in cassation proceedings under Book II, Title III. The King sets out the criteria to which the formation must meet.
§ 2. If, in the same case, a party appeals at the same time against the final decision and against one or more pre-trial and investigation decisions rendered by other jurisdictions as that which rendered the final decision, the cassation appeal statements shall be made at the registry of the latter jurisdiction.
The Clerk who gave notice of the declarations of appeal in cassation shall, within twenty-four hours, send a shipment of those made against the pre-trial and investigation decisions to the Clerks of those other jurisdictions, who shall promptly transcribe them in the registers for that purpose.
§ 3. The record in which the declaration is registered is public, and any person who has a legitimate interest has the right to obtain extracts from it. ".
Art. 28. Section 426 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 426. The statement of appeal by lawyer, holder of the certificate referred to in Article 425, § 1^er, paragraph 2, for persons detained in a penitentiary institution or interned in an institution provided for in the Act of April 21, 2007 relating to the internment of persons with mental disorder, may be made to the director of that institution or to his or her delegate. She's signed by the lawyer.
This statement has the same effects as those received at the Registry. It shall be recorded in a register for that purpose.
The Director shall immediately notify the appropriate Clerk and, within 24 hours, send him an expedition of the minutes.
The Clerk shall, without delay, transcribe the notice and record in the register for that purpose.
This section is not applicable to the cassation appeal filed pursuant to section 31 of the Act of 20 July 1990 on pretrial detention. ".
Art. 29. Section 427 of the same Code is replaced by the following:
"Art. 427. The party to be sent to the cassation must convey its appeal to the party against which it is directed. However, the person prosecuted was only required as a remedy against the decision on civil action against him.
The exploit of meaning shall be deposited in the Registry of the Court of Cassation within the time limits set out in Article 429.
The meaning of the public prosecutor's appeal may be made to the detainee or internee by the director of the penitentiary institution or the institution where the person is interned or by his or her delegate. ".
Art. 30. Section 428 of the same Code is replaced by the following:
"Art. 428. For the fifteen days referred to in Articles 423 and 424 and, if there has been an appeal in cassation, until the judgment of the Court of Cassation is pronounced, it is suspended from the execution of the decision under appeal.
However, the decision on public action, other than the decision on conviction, acquittal or absolution, and the decision on civil action may be executed on an interim basis, notwithstanding the appeal in cassation, if the judges who rendered them so decided by a specially reasoned order. ".
Art. 31. Section 429 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 429. Except for the Public Prosecutor's Office, the applicant in cassation may only indicate his or her means in a memorandum signed by a lawyer, holder of the certificate referred to in Article 425, § 1^er, paragraph 2, and submitted to the Registry of the Court of Cassation no later than 15 days before the hearing.
However, it may not produce submissions or documents other than disclaimers, retrials, acts that reveal that the appeal has become irrelevant and the notes referred to in Article 1107 of the Judicial Code, after the two months following the declaration of appeal in cassation.
The defendant in cassation may only indicate his answer in a memorandum signed by a lawyer, holder of the certificate referred to in Article 425, § 1^er2 and submitted to the Registry of the Court of Cassation no later than eight days before the hearing.
Except as provided in section 427, paragraph 1^er, the applicant's submission shall be communicated by registered mail or, under the conditions set by the King, electronically to the party against which the appeal is directed and the defendant shall communicate his or her submission in the same manner. Proof of sending shall be filed in the Registry within the time limits set out in paragraphs 1^er 3. These formalities are only prescribed to be inadmissible.
The Clerk notes the submission by the parties of submissions or documents indicating the date of receipt.
He shall deliver to the applicant if required."
Art. 32. Section 430 of the same Code is replaced by the following:
"Art. 430. The Clerk of the Judiciary having rendered the decision under appeal promptly forwards the documents of the trial and the shipment of the decision under appeal.
It prepares an inventory and adds it to the file without charge. ".
Art. 33. Section 431 of the same Code is replaced by the following:
"Art. 431. The Public Prosecutor ' s Office at the Court or the Court that rendered the decision under appeal shall promptly give the file to the Attorney General at the Court of Cassation. The latter shall transmit it to the clerk of the Court of Cassation, who shall immediately place the case in the general role."
Art. 34. Section 432 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 432. The procedure is then settled as provided for in articles 1104 to 1106, paragraph 1^erand 1107-1109 of the Judicial Code. Except where the Court of Cassation is to rule urgently, an unrepresented lawyer or defendant is notified of the fixation referred to in Article 1106, paragraph 1^er, the Judicial Code, by the clerk's care, at least fifteen days before the hearing. In other urgent cases, the first president may grant a shorter period of time.".
Art. 35. Section 433 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 433. The non-admission of the appeal in manifestly inadmissible, irrelevant or denouncing any illegality or irregularity that may lead to the cassation may, in the opinion of the Public Prosecutor's Office, be decreed by order of the Section Chair or the Counsel designated by the First President. He decides without hearing and without hearing the parties.
The non-admission order gives a brief reason for refusal. It is notified to the declarant under judicial fold or, under the conditions established by the King, electronically. It is not subject to appeal. ".
Art. 36. Section 434 of the Code, as amended by the Acts of 10 July 1967 and 21 December 2009, is replaced by the following:
"Art. 434. The Court of Cassation rejects the appeal or breaks the decision under appeal, in whole or in part.
It can extend the cassation to the oldest null act.".
Art. 37. Section 435 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 435. In the event of a cassation, the Court of Cassation shall refer the case, if any, to a court of the same rank as that which rendered the decision broken, or to the same court, otherwise composed.
However, if the only broken decision is the judgment of the court of sittings on civil interests, the case is referred to a court of first instance. Judges who have known the cause may not be aware of this dismissal.
If the decision under appeal is broken because of incompetence, the Court of Cassation shall refer the case to the judges who must know it. ".
Art. 38. Section 436 of the same Code, replaced by the Act of 20 June 1953, is replaced by the following:
"Art. 436. If the order has been annulled for serving a sentence other than the one that the law applies to the nature of the crime, the trial court to which the trial will be dismissed will render its judgment in accordance with sections 341 et seq., on the conviction already made by the jury.
If the order has been annulled for another cause, further proceedings will be held before the court of siege to which the trial will be dismissed."
Art. 39. Section 437 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 437. The accused whose conviction has been annulled, and who will have to undergo a new criminal judgment, will be brought either in a state of arrest or in execution of the order of arrest, before the board of indictments or the court of murder to which his trial will be dismissed."
Art. 40. Section 438 of the same Code is replaced by the following:
"Art. 438. The succumb party is sentenced to costs.
When the cassation is pronounced with reference, the fees are reserved and the referral judge shall decide on them."
Art. 41. Section 440 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 440. When, after a first cassation, the second decision on the merits is attacked by the same means, it is carried out in accordance with articles 1119 to 1121 of the Judicial Code. ".
Art. 42. In article 441 of the same Code, as amended by the Act of 10 July 1967, the words ", and the police officers or judges prosecuted, if any, in the manner expressed in chapter III of title IV of this book" are repealed.
Art. 43. Section 442 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 442. The Attorney General at the Court of Cassation may also, on his or her own motion, and notwithstanding the expiry of the time limit, notify the Court of Cassation of a final decision against which none of the parties has been satisfied within the required time limit. If the decision is broken, the parties cannot avail themselves of it to oppose its execution. ".
CHAPTER 3. - Amendment of the Act of 6 April 1847 on the Suppression of Offences against the King
Art. 44. Section 7 of the Act of 6 April 1847 on the Suppression of Offences against the King, as amended by the Act of 10 October 1967, is repealed.
CHAPTER 4. - Amendments to the Act of 25 July 1893 relating to declarations of appeal or appeal in cassation of persons detained or interned
Art. 45. The title of the Act of 25 July 1893 relating to declarations of appeal or appeal for cassation of detained or interned persons is replaced by the following title:
"Act of 25 July 1893 concerning the declarations of appeal of detained or interned persons".
Art. 46. In Article 1^erParagraph 1^er, of the same law, as amended by the Royal Decree of 20 January 1936, the words "or appeals in cassation" are repealed.
Art. 47. In section 2 of the Act, the words "or appeals in cassation" are repealed.
Art. 48. In article 4, paragraph 1^er, of the same law, the words "or appeals in cassation" are repealed.
CHAPTER 5. - Transitional provision
Art. 49. Until the date of entry into force of Article 3 of the Act of 21 April 2007 relating to the internment of persons with mental disorder, it is necessary to read, in Article 28 of this Act replacing Article 426 of the Code of Criminal Instruction, the words "an institution provided for by the law of 9 April 1930 of social defence" instead of the words "an institution provided for by the law of 21 April 2007 concerning persons with mental disorder".
CHAPTER 6. - Entry into force
Art. 50. Except for section 1^er and of this article which enter into force on the day of their publication in the Belgian Monitor, this Act comes into force on the first day of the twelfth month following that of its publication in the Belgian Monitor.
However, Article 425, § 1^erparagraph 2, of the Code of Criminal Investigation, referred to in articles 27, 28 and 31 of this Law, comes into force on the first day of the twenty-fourth month following that of its publication to the Belgian Monitor.
The King may set a date of entry into force prior to that referred to in paragraphs 1^er and 2.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 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
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Note
House of Representatives (www.lachambre.be):
Documents: 53-3065
Full report: 30 January 2014
Senate (www.senate.be):
Documents: 5-1832
Annales du Sénat : 10 octobre 2013