Act Relating To The Proceedings Before The Court Of Cassation In Criminal Matters (1)

Original Language Title: Loi relative à la procédure devant la Cour de Cassation en matière pénale (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009077&caller=list&article_lang=F&row_id=900&numero=917&pub_date=2014-02-27&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-02-27 Numac: 2014009077 SERVICE PUBLIC FÉDÉRAL JUSTICE 14 February 2014. -Law on the proceedings before the Court of Cassation in criminal matters (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code of criminal investigation article 2. article 251 of the Code of criminal procedure, restored by the law of December 21, 2009, is repealed.
S. 3. article 252 of the same Code, restored by the law of December 21, 2009, is repealed.
S. 4. article 253 of the same Code, restored by the law of December 21, 2009, is repealed.
S. 5. article 291 of the Code, replaced by the law of December 21, 2009, is repealed.
S. 6. in article 337, paragraph 3, of the same Code, replaced by the law of December 21, 2009, the words "referred to in article 359" are repealed.
S.
7. in article 359 of the same Code, replaced by the law of December 21, 2009, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the convicted person fifteen days after that where the judgment was delivered contradictorily to declare to file appeals in cassation.";
2 ° to paragraph 4, the words "until the receipt of the judgment of the Court of Cassation" are replaced by the words "until the delivery of the judgment of the Court of Cassation".
S.
8. article 407 of the same Code, as amended by the law of June 22, 1976, is repealed.
S.
9. in article 408, paragraph 1, of the same Code, amended by the law of July 10, 1967, the words ", from the oldest Act zero" are repealed.
S. 10. article 409 of the Penal Code is repealed.
S. 11. article 411 of the Code is repealed.
S. 12. article 413 of the Code, as last amended by the Act of June 15, 1981, is replaced by the following: 'article
413. when the accused or the accused will be acquitted, no one may rely against him of the violation or failure of prescribed forms for his defence."
S. 13. article 414 of the Code is repealed.
S. 14. article 415 of the Code, as amended by the law of July 10, 1967, is hereby repealed.
S. 15. in book II, title III, of the Code, the title of chapter II is replaced by the following: "chapter II. -Of the cassation proceedings".
S. 16. article 416 of the Code, as last amended by the Act of January 16, 2009, is replaced by the following: 'article 416. the parties can form an appeal in cassation if they have quality and interest to train. "."
S. 17. article 417 of the Code, as last amended by the Act of 20 December 1974, is replaced by the following: 'article 417. the public prosecutor and the civil party may form an appeal in cassation against the judgment of nonsuit. "."
S. 18. article 418 of the Code, as last amended by the law of July 10, 1967, is replaced by the following: 'article 418 only court decisions last spring are likely to appeal to the Supreme Court. "."
S. 19. article 419 of the same Code, repealed by the law of June 20, 1953, was re-established in the following wording: "art. 419. no one can appeal to the Supreme Court a second time against the same decision, except in the cases provided by law. "."
S. 20. article 420 of the Code, restored by Act of 10 October 1967, is replaced by the following: 'article
420. the appeal in cassation against the preparatory decisions and training is open until after the judgment or final judgment, even if they have been performed without reserve.
However, it can be lodged an immediate appeal in cassation against decisions: 1 ° on jurisdiction;
2 ° in application of articles 135, 235A and 235ter;
3 ° regarding the civil action which decide on the principle of responsibility;
4 ° which, in accordance with article 524bis § 1, decide on public action and ordered a special investigation of patrimonial benefits. "."
S.
21. article 420bis of the Code, inserted by the law of October 10, 1967, and as amended by the law of November 14, 2000, is repealed.
S. 22. article 420ter of the Code, inserted by the law of October 10, 1967, and as amended by the law of November 14, 2000, is repealed.
S. 23. article 421 of the same Code, repealed by the Act of February 12, 2003, was re-established in the following wording: "art. 421. the public prosecutor at the Court of appeal and other parties can form an appeal in cassation against the judgment of referral to the Court of Assizes.
Under penalty of forfeiture, the declaration must state the grounds of appeal.
Without prejudice to the decision on jurisdiction, the appeal in cassation may be lodged only in the following cases: 1 ° if the fact is not qualified crime by law;
2 ° If the Crown has not been heard;
3 ° If the judgment was not made by the number of judges established by law;
4 ° If the rules of the contradictory procedure provided for in article 223 were not met;
5 ° If the legal provisions relating to the use of languages in judicial matters have not been observed.
As soon as the Registrar received the declaration, the expedition of the judgment passed by the Attorney general at the Court of appeal to the Attorney general about the Court of Cassation, which is held to decide all cases postpone. "."
S.
24. article 422 of the Code, as amended by the law of June 15, 1981, is replaced by the following: 'article
422. when the sentence is the same that one worn by the law which is applicable to the offence, no one can ask the cassation of the judgment or the judgment solely on the grounds that there was error in the quotation of the text of the law. "."
S. 25. article 423 of the same Code, replaced by the law of June 20, 1953 as last amended by the Act of June 26, 2000, is replaced by the following: 'article
423. except in cases where the law establishes another period, the statement of appeal is made within fifteen days of the pronouncement of the decision contested. "."
S. 26. article 424 of the same Code, replaced by the law of June 20, 1953, is replaced by the following: 'article 424 if the decision was rendered by default and is likely to opposition, the time limit for appeal in cassation begins to run from the expiration of the time limit for opposition or, where the decision was rendered by default against the defendant or the accused, after the expiry of the regular periods of opposition. The appeal must be lodged within fifteen days following the expiry of these deadlines. "."
S. 27. article 425 of the Code, replaced by the law of June 20, 1953 and amended by the Act of May 6, 1997, is replaced by the following: 'article 425. § 1. Without prejudice to paragraph 2, the statement of appeal is made by the public prosecutor or counsel at the registry of the Court which rendered the contested decision. It is signed by the Crown or counsel and the clerk and entered in the register for that purpose.
The lawyer shall hold a certificate of attendance in proceedings for judicial review referred to in book II, title III. The King sets the criteria to which the training must meet.
§ 2. If, in the same case, part is appealing to the Supreme Court at the same time against the final decision and one or more preparatory decisions and statement made by other courts that issued the final determination, appeal in cassation statements at that last court registry.
The clerk who gave statements to appeal to the Supreme Court Act passes, within 24 hours, an expedition of those that are made against the preparatory decisions and instruction, to clerks of those other courts, which transcribes them, without delay, in the registers provided for this purpose.
§ 3. The register in which is recorded the statement is public and anyone who has a legitimate interest has the right to worry issue extracts. "."
S. 28. article 426 of the same Code, as amended by the law of July 10, 1967, is replaced by the following: 'article 426. the appeal statement by lawyer, holder of the certificate referred to in article 425, § 1, paragraph 2, for persons detained in a penitentiary or interned in an establishment by Act of April 21, 2007 on the internment of people with a mental disorder, may be made to the Director of the institution or his delegate. It is signed by counsel.
This statement has the same effect as those received at the registry. It is prepared minutes in a register intended for this purpose.
The Director shall immediately notify the competent Registrar and passes it, within 24 hours, a copy of the minutes.
The clerk transcribed, without delay, the notice and the minutes in the registry for that purpose.
This section is not applicable to the appeal in cassation in accordance with article 31 of the pre-trial detention Act of 20 July 1990. "."
S. 29. article 427 of the Code is replaced by the following: 'article 427. the party who appealed in cassation must serve his appeal to the party against whom it is directed. However, the person being prosecuted there is liable only in so far as it is appealing against the decision on the civil action brought against it.
The feat of meaning must be filed at the registry of the Court of Cassation within the time limits laid down by article 429.
The meaning of the appeal of the Crown can be made to the inmate or internally by the Director of the prison or of the institution where the person concerned is internal or his delegate. "."

S. 30. article 428 of the Code is replaced by the following: 'article
428. during 15 days referred to in articles 423 and 424 and, if there was an appeal in cassation, until delivery of the judgment of the Court of Cassation, the execution of the contested decision is suspended.
However, the decision on public action other than that which is conviction, acquittal or discharge, and the decision on the civil action can be run on an interim basis, notwithstanding the appeal in cassation, if the judges who made thus decided by a specially reasoned order. "."
S.
31. article 429 of the Code, as amended by the law of July 10, 1967, is replaced by the following: 'article
429. Apart from the Crown, the plaintiff in cassation cannot indicate his means in a memorandum signed by a lawyer, holder of the certificate referred to in article 425, § 1, paragraph 2, and handed over to the registry of the Court of Cassation, 15 days at the latest prior to the hearing.
It can however produce submissions or parts other than breakage, acts of resumption for instance, acts that reveal that the appeal is moot and the notes referred to in article 1107 of the Judicial Code, after the two months following the declaration of an appeal in cassation.
The defendant in cassation may indicate its response in a brief signed by a lawyer, holder of the certificate referred to in article 425, § 1, paragraph 2 and delivered to the registry of the Court of Cassation, no later than eight days before the hearing.
The exception referred to in article 427, paragraph 1, the applicant's memorandum is sent by registered mail or, under the conditions laid down by the King, electronically to the party against whom the appeal is directed, and the respondent shall communicate the same way its reply brief. The proof of service is filed in the registry within the time limits specified in paragraphs 1 to 3. These formalities are prescribed on pain of inadmissibility.
The clerk notes delivery by the parties submissions or parts indicating the date of receipt.
Issue receipt to the applicant if it is required. "."
S. 32. article 430 of the Code is replaced by the following: 'article
430. the clerk of the Court that rendered the contested decision sent without delay to the Crown parts of the trial and the expedition of the contested decision.
He wrote in in advance and free of charge an inventory and the seal to the folder. "."
S. 33. article 431 of the Penal Code is replaced by the following: 'article 431. the public prosecutor at the Court or the Court that rendered the contested decision shall without delay file to the Attorney general about the Court of Cassation.
It transmits it to the clerk of the Court of Cassation, which immediately entered the case to the general role. "."
S. 34. article 432 of the Code, as amended by the law of July 10, 1967, is replaced by the following: 'article 432. the procedure is then set as provided for in articles 1104 to 1106, paragraph 1 and 1107 to 1109, of the Judicial Code. Except when the Court of Cassation must rule in emergency, counsel or unrepresented defendant is notified of the establishment referred to in article 1106, paragraph 1, of the Judicial Code, by the care of the clerk, fifteen days at least before the hearing. In other urgent cases, the first president may grant a reduction of that period. "."
S. 35. article 433 of the same Code, as amended by the law of July 10, 1967, is replaced by the following: 'article 433. the non-admission of the appeal manifestly inadmissible, irrelevant or denouncing any illegality or irregularity which may lead to the cassation may, notice in accordance with the Crown, be declared by order of the president of section or Advisor appointed by the first President. It shall act without a hearing and without hearing the parties.
Non admission order succinctly reasons for the refusal. It is notified to the declarant under judicial cover or, under the conditions laid down by the King, by electronic means. It is likely no recourse. "."
S.
36. article 434 of the Code, amended by the law of July 10, 1967 and December 21, 2009, is replaced by the following: 'article 434. the Court of Cassation dismissed the appeal or break the contested decision, in whole or in part.
It can extend the cassation until the oldest Act zero. "."
S.
37. article 435 of the same Code, as amended by the law of July 10, 1967, is replaced by the following: 'article
435. in the event of appeal, the Court of Cassation returns the cause, if applicable, either before a Court of the same rank as that rendered broken decision, or in the same court, otherwise composed.
However, if the only broken decision is the judgment of the Court of Assizes on civil interests, the cause is returned before a Court of first instance. Judges having known the cause cannot deal with this reference.
If the contested decision is broken for incompetence, the Supreme Court returns the case before judges who must learn. "."
S. 38. article 436 of the same Code, replaced by the law of June 20, 1953, is replaced by the following: 'article 436. If the judgment has been canceled for other than that the Act applies to the nature of the crime sentencing, the Assize Court at which the trial will be returned will make its decision in accordance with articles 341 ff on the conviction already made by the jury.
If the judgment has been canceled for another cause, further discussions will be conducted before the Assize Court at which the trial will be returned. "."
S.
39. article 437 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: "art. 437. the accused whose conviction has been cancelled, and that will have to undergo a new trial to the criminal, will be translated either under arrest, or in execution of the order's decision-making body, to room charges or the Assize Court that his trial will be returned. "."
S.
40. article 438 of the Code is replaced by the following: 'article 438. the losing party is condemned to the costs.
When the cassation is pronounced with reference, costs are reserved, and it is held by the national court. "."
S. 41. article 440 of the same Code, as amended by the law of July 10, 1967, is replaced by the following: 'article 440. when, after a first appeal, the second decision on the merits is attacked by the same means, shall be made in accordance with articles 1119 to 1121 of the Judicial Code. "."
S. 42. in article 441 of the Code, amended by the law of July 10, 1967, the words ", and the police officers or judges continued, if applicable, in the manner expressed in chapter III of title IV of this book" are repealed.
S.
43. article 442 of the Code, as amended by the law of July 10, 1967, is replaced by the following: 'article
442. the Attorney general at the Court of Cassation may also, ex officio, and notwithstanding the expiry of the time limit, give knowledge to the Court of Cassation of a decision made last spring against which no portions not appealed within the required timeframe. If the decision is broken, the parties cannot rely on them to oppose his execution. "."
CHAPTER 3. -Amendment of the law of 6 April 1847 on the punishment of offenses against King s. 44. article 7 of the law of April 6, 1847, on the punishment of offenses against the King, amended by the Act of 10 October 1967, is repealed.
CHAPTER 4. -Amendments to the law of July 25, 1893 relating to statements of appeal or appeal in cassation of detained or interned persons art. 45. the title of the law of July 25, 1893 relating to statements of appeal or appeal in cassation of the persons detained or interned is replaced by the following: "Law of July 25, 1893 relating to statements of persons detained or interned appeal".
S. 46. in article 1, paragraph 1, of the Act, as amended by the royal decree of January 20, 1936, the words "or appeal in cassation" are repealed.
S. 47. in section 2 of the Act, the words "or appeal in cassation" are repealed.
S. 48. in article 4, paragraph 1, of the Act, the words "or appeal in cassation" are repealed.
CHAPTER 5. -Disposition transitional art. 49. until the date of entry into force of article 3 of the Act of April 21, 2007 the internment of people with a mental disorder, he has read in article 28 of this Act replacement article 426 of the Code of criminal procedure, the words "an institution provided for by the law of April 9, 1930, of social defence" instead of the words "a facility provided for the confinement of persons act of April 21, 2007 suffering from a mental disorder".
CHAPTER 6. -Entry into force art. 50. with the exception of article 1 and of this article which come into force the day of their publication in the Moniteur belge, this Act comes into force the first day of the twelfth month following that of its publication in the Moniteur belge.
However, article 425, § 1, paragraph 2, of the Code of criminal procedure, referred to in articles 27, 28 and 31 of this Act, comes into force the first day of the twenty-fourth month following that of its publication in the Moniteur belge.
The King may set a date of entry into force earlier than that referred to in paragraphs 1 and 2.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 14, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note House of representatives (www.lachambre.be):

Documents: 53-3065 full record: 30 January 2014 Senate (www.senate.be): Documents: 5-1832 annals of the Senate: October 10, 2013