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Law Containing Various Provisions To Improve The Status Of The Victim In The Context Of The Implementing Rules Of The Penalty (1)

Original Language Title: Loi portant diverses dispositions en vue d'améliorer le statut de la victime dans le cadre des modalités d'exécution de la peine (1)

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belgiquelex.be - Carrefour Bank of Legislation

15 DECEMBER 2013. - Act on various provisions to improve the status of the victim in the execution of the sentence (1)



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 law regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendment of the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 2. Section 23bis of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the Act of 17 May 2006 and amended by the Act of 21 April 2007, is supplemented by a paragraph written as follows:
"The victim, as defined in article 2, 6°, of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, which appears in person and does not include the language of the proceedings, may be assisted by a juror interpreter who translates all verbal statements, in accordance with the terms determined by the King. The interpretation costs are borne by the State."
CHAPTER 3. - Amendment of the Judicial Code
Art. 3. In section 76 of the Judicial Code, last amended by the Act of 3 December 2006, paragraph 5 is replaced by the following:
"Unless for the pronouncement of judgments for which they sit in any court of first instance located in the jurisdiction of the Court of Appeal, the Chambers of the Application of Penalties sit in the prison in respect of convicts who stay in prison. They may sit in the prison or in any court of first instance located within the jurisdiction of the Court of Appeal for convicted prisoners who do not stay in prison. When pursuant to section 36 of the Act of 17 May 2006 relating to the external status of persons sentenced to deprivation of liberty and the rights of victims in the execution of the sentence, they shall sit in any court of first instance in the jurisdiction of the Court of Appeal.".
CHAPTER 4. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 4. In article 2, 6°, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, the following amendments are made:
1° in paragraph 1er(b) is replaced by the following:
"(b) the natural person in respect of which a judgment or judgment establishes that offences have been committed, or his legal representative;"
2° paragraph 1er is completed by a d) as follows:
"(d) the person whose death is the direct result of the offence or the person close to a deceased person who was a civil party; By the close, the spouse of the deceased person, the person who cohabited and maintained a lasting emotional relationship with her, her ascendants or descendants, her brothers and sisters, and the persons who were in charge. ";
3rd paragraph 1er is completed by an e) as follows:
"(e) close to a deceased victim who was unable to form a civil party as a result of a situation of material impossibility or vulnerability; By close means: the spouse of the deceased victim, the person who cohabits and maintains a lasting emotional relationship with her, her ascendants or descendants, her brothers and sisters, and the persons who are in charge of her. ";
4° in paragraph 2, the sentence "In respect of the categories referred to in (b) and (c), the judge of the application of the penalties shall, at their request, appreciate, in accordance with the provisions of Title III, if they have a direct and legitimate interest;" is replaced by the following:
"In respect of persons who fall under categories (c), (d) and (e), the judge of the application of sentences shall, at their request, appreciate, in accordance with the provisions of Title III, if they have a direct and legitimate interest."
Art. 5. In Article 3, § 1erParagraph 1er, of the same law, the words "People referred to in Article 2, 6°, (b) and (c)" are replaced by the words "People referred to in Article 2, 6°, (c), (d) and (e),".
Art. 6. In article 10, § 2, paragraph 4, of the same law, as amended by the law of 27 December 2006, the words ", within twenty-four hours, informed in writing" are replaced by the words "informed as soon as possible and in any case within twenty-four hours, by the fastest written means of communication".
Art. 7. In article 13, paragraph 2, of the same law, the words "in writing within 24 hours" are replaced by the words "as soon as possible and in any case within 24 hours, by the fastest written means of communication."
Art. 8. In article 14, paragraph 3, of the same law, the words "in writing within twenty-four hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by the fastest written means of communication."
Art. 9. In article 17, paragraph 2, paragraph 2, of the same law, the words ", within twenty-four hours, informed in writing" are replaced by the words "informed as soon as possible and in any case within twenty-four hours, by the fastest written means of communication."
Art. 10. In section 19, paragraph 2, of the Act, the sentence "This reasoned decision is communicated in writing within 24 hours to the convict, the public prosecutor, the director and the victim." is replaced by the following:
"This reasoned decision is communicated in writing, within 24 hours, to the convict, to the public ministry and to the director. It is also communicated to the victim as soon as possible and in any case within 24 hours, by the fastest written means of communication. ".
Art. 11. In Title IV of the Act, a chapter VI is inserted entitled "From information to the victim during the final release".
Art. 12. In Chapter VI, inserted by Article 11, an article 20/2 is inserted as follows:
"Art. 20/2. If the convicted person is released because he or she has reached the end of his sentence, the Minister or his or her delegate shall inform the victim as soon as possible and in any case within 24 hours, by the quickest written means of communication. ".
Art. 13. In section 28 of the Act, as amended by the Act of 14 December 2012, the following amendments are made:
1° § 1erParagraph 1er, is completed by a 6° written as follows:
"6° the efforts made by the convict to compensate the civil party, taking into account the heritage situation of the convict as it has evolved since the commission of the facts for which he was convicted."
2° to § 2, the 4° is completed as follows:
", taking into account the heritage situation of the convict as it has evolved by his fact since the commission of the facts for which he was convicted."
Art. 14. Article 35, § 1erParagraph 2 of the Act is supplemented by the following:
"The victim is present at the hearing the time necessary to examine these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim can present his observations."
Art. 15. Article 44, § 3, paragraph 2, of the Act is supplemented by the following sentences:
"The victim is present at the hearing the time necessary to examine these conditions. On this occasion, the Public Prosecutor's Office explains the terms and conditions in its opinion in the interests of the victim. The victim can present his observations."
Art. 16. In Article 46, § 1er, paragraph 2, of the same law, the words "in twenty-four hours in writing" are replaced by the words "as soon as possible and in any case within twenty-four hours, by the fastest written means of communication. ".
Art. 17. In section 47 of the Act, as amended by the Act of 14 December 2012, the following amendments are made:
1° § 1er is completed by a 6°, written as follows:
"6° the efforts made by the convict to compensate the civil party, taking into account the heritage situation of the convict as it has evolved since the commission of the facts for which he was convicted."
2° to § 2, the 4° is completed as follows:
", taking into account the heritage situation of the convict as it has evolved by his fact since the commission of the facts for which he was convicted."
Art. 18. Section 53, paragraph 2, of the Act is supplemented by the following:
"The victim is present at the hearing the time necessary to examine these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim can present his observations."
Art. 19. In Article 58, § 1er, paragraph 2, of the same law, the words "in writing and within twenty-four hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by the fastest written means of communication."
Art. 20. Article 61, § 4, paragraph 3, of the Act is supplemented by the following sentences:
"The victim is present at the hearing the time necessary to examine these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim can present his observations."
Art. 21. In section 63 of the Act, the following amendments are made:
1° to § 3, paragraph 2, the following sentences are inserted between the first and the second sentence:
"The victim is present at the hearing the time necessary to examine these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim may present his observations. ";
2° in § 4, first paragraph, the words "to the victim" are replaced by "as soon as possible and in any case within 24 hours, by the quickest written means of communication to the victim".
Art. 22. In section 68 of the Act, as amended by the Act of 27 December 2006, the following amendments are made:
1° § 3, paragraph 2, is supplemented by the following sentences:
"The victim is present at the hearing the time necessary to examine these conditions. On this occasion, the Public Prosecutor's Office explains the terms and conditions in its opinion in the interests of the victim. The victim may present his observations. ";
2° in § 6, the words "in writing, within twenty-four hours," are replaced by the words "as soon as possible and in any case within twenty-four hours, by the means of writing the fastest,".
Art. 23. Section 71 of the Act, as amended by the Acts of 27 December 2006 and 17 March 2013, is supplemented by a paragraph written as follows:
"The victim is informed as soon as possible and in any case within 24 hours, by the fastest written means of communication, of the final release. ".
Art. 24. In article 74, § 3, paragraph 2, of the same law, the words ", within 24 hours, informed in writing" are replaced by the words "informed as soon as possible and in any case within 24 hours, by the means of the fastest written communication."
Art. 25. In article 78, paragraph 5, paragraph 2, of the same law, the words "in writing of revocation within twenty-four hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by the fastest written means of revocation".
Art. 26. Article 90, § 1erParagraph 2 of the Act is supplemented by the following:
"The victim is present at the hearing the time necessary to examine these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim can present his observations."
Art. 27. In section 95, paragraph 2, of the same law, the words "in writing of the decision within 24 hours" are replaced by the words "as soon as possible and in any case within 24 hours by the fastest written means of communication of the decision".
Art. 28. In section 95/1 of the Act, inserted by the Act of 14 December 2012, the following amendments are made:
1° § 2 is supplemented by the following:
"The victim is present at the hearing the time necessary to examine these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim may present his observations. ";
2° § 3 is supplemented by the following:
"The victim is informed as soon as possible and in any case within 24 hours, by the fastest written means of communication, of the decision and, if necessary, of the conditions imposed in his interest."
Art. 29. Section 95/6, paragraph 2, of the Act, inserted by the Act of 26 April 2007, is supplemented by the following sentences:
"The victim is present at the hearing the time necessary to examine these conditions. The Public Prosecutor's Office and, where appropriate, the Director explain on this occasion the conditions they made in their opinion in the interests of the victim. The victim can present his observations."
Art. 30. In article 95/7, § 3, paragraph 2, of the same law, inserted by the law of 26 April 2007, the words "in the twenty-four hours in writing" are replaced by the words "as soon as possible and in any case in the twenty-four hours, by the fastest written means of communication".
Art. 31. In article 95/14, § 4, second sentence, of the same law, inserted by the law of 26 April 2007, the words "in writing and within twenty-four hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by the means of written communication as fast as possible".
Art. 32. In article 95/16, § 5, paragraph 2, of the same law, inserted by the law of 26 April 2007, the words "in writing of the decision, within twenty-four hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by the fastest written means of communication of the decision".
Art. 33. In article 95/30, § 6, paragraph 2, of the same law, inserted by the law of 26 April 2007, the words "in writing of the decision, within twenty-four hours" are replaced by the words "as soon as possible and in any case within twenty-four hours by the means of the quickest written communication of the decision".
CHAPTER 5. - Amendment of the Act of 21 January 2013 amending the Electoral Code and the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, following the introduction of a new protection status in accordance with human dignity
Art. 34. In the Act of 21 January 2013 amending the Electoral Code and the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, following the introduction of a new protection status in accordance with human dignity, Chapter 3, including Article 3, is repealed.
CHAPTER 6. - Entry into force
Art. 35. Except for this section, which comes into force on the day of the publication of this Act to the Belgian Monitor, each of the articles of this Act comes into force on the date fixed by the King, and no later than 1er January 2014.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 15 December 2013.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives.
Documents. - Bill 53-2604/001. - 002 to 004: Amendments, 53-2604/002 to 004. Report made on behalf of the Commission, 53-2604/005. - Text adopted by the Commission, 53-2604/006. - Amendments in plenary meeting, 53-2604/007. - Text adopted in plenary and transmitted to the Senate, 53-2604/008.
Full report: 7 November 2013.
Senate.
Documents. - Project transmitted by the Chamber, 5-2328, No. 1. - Report made on behalf of the commission, 5-2328, No. 2.
Annales of the Senate: December 5, 2013.