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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009541&caller=list&article_lang=F&row_id=1000&numero=1052&pub_date=2013-12-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-19 Numac: 2013009541 SERVICE PUBLIC FÉDÉRAL JUSTICE 15 December 2013. -Law concerning various provisions to improve the status of the victim in the context of the implementing rules of the penalty (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 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 article 23bis of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of May 17, 2006 and amended by the Act of April 21, 2007, is supplemented by a paragraph worded as follows: "the victim, as defined in article 2, 6 °, of the law of 17 May 2006 relating to the legal status external persons sentenced to deprivation of liberty and the rights of the victim in" the framework of the implementing rules of the sentence, which appears in person and does not include the language of the proceedings, may be assisted by a sworn interpreter who translated all verbal declarations, in accordance with the rules laid down by the King. Interpretation costs are borne by the State. "."
CHAPTER 3. -Modification of Code judiciary art. 3. in article 76, the Judicial Code, as last amended by the law of December 3, 2006, paragraph 5 is replaced by the following: 'except for the pronouncement of judgments for which they sit in any Court of first instance located within the jurisdiction of the Court of appeal, the rooms of the enforcement of sentences sit in prison for convicted persons who stay in prison. They can sit in prison or in any Court of first instance located within the jurisdiction of the Court of appeal with respect to convicts who do not stay in prison. When making application of article 36 of the law of 17 May 2006 relating to the external status of persons sentenced to deprivation of liberty and the rights of victims in the implementing of the penalty, they sit in any Court of first instance located within the jurisdiction of the Court of appeal. "."
CHAPTER 4. -Amendments to the law of 17 May 2006 relating to the legal status external in persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing of sentencing s.
(4. in article 2, 6 °, of the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and rights to the victim under the modalities of execution of the sentence, the following changes are made: 1 ° in the paragraph 1, b) is replaced by the following: "b) the natural person for which a judgment or a judgment establishes that offences have been committed" or his legal representative; ";
2 ° the paragraph 1 is supplemented by a d) as follows: "d) closer to the person whose death results directly from the offence or the relative of a deceased person who had developed civil;" by close, means the spouse of the deceased, the person who cohabited and maintained a long-term emotional relationship with it, his ascendants or descendants, brothers and sisters, as well as persons who were dependant. ";
3 ° the 1st paragraph is supplemented by an e) as follows: "e) the close of a non deceased victim who was unable to be civil parties as the result of a situation of material impossibility or vulnerability; close, means: the spouse of the victim not died, the person who cohabits and maintains a long-term emotional relationship with it, his ascendants or descendants, brothers and sisters, as well as people who are dependants. ";
4 ° in paragraph 2, the phrase "(A l'égard deles de catégories visées sous b) and c), of the penal enforcement judge appreciate, at their request, in accordance with the provisions of title III, if they have direct and legitimate;" is replaced by the following: "(in respect of persons falling within the categories c)(, d) and e), of the penal enforcement judge appreciate" , at their request, in accordance with the provisions of title III, if they have direct and legitimate; "."
S.
5. in article 3, § 1, paragraph 1, of the Act, the words "(Les personnes visées à l'article 2, 6°, b) and c)" shall be replaced by the words "(Les personnes visées à l'article 2, 6°, c), d) and (e)),".
S. 6. in article 10, § 2, paragraph 4, of the Act, as amended by the Act of 27 December 2006, the words ", within 24 hours, informed in writing" are replaced by the words "informed as quickly as possible and in any case within twenty-four hours, by means of the fastest written communication,".
S. 7. in article 13, paragraph 2, of the Act, the words "in writing within 24 hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by means of communication written the fastest,".
S. 8. in article 14, paragraph 3, of the Act, the words "in writing within 24 hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by means of communication written the fastest,".
S. 9. in article 17, § 2, paragraph 2, of the Act, the words ", within 24 hours, informed in writing" shall be replaced by the words "informed as quickly as possible and in any case within twenty-four hours, by means of the fastest written communication,".
S. 10. in article 19, paragraph 2, of the Act, the sentence "this reasoned decision shall be communicated in writing within 24 hours to the convict, the Crown, the Director and the victim." is replaced by the following: "this reasoned decision is communicated in writing, within 24 hours, the condemned, the public prosecutor and the Director. It is also communicated to the victim as soon as possible and in any case within twenty-four hours, by means of communication written fastest. "."
S.
11. in title IV of the Act, there shall be inserted a chapter VI, entitled "information in the victim in the final liberation".
S. 12. in chapter VI, inserted by article 11 article be inserted a 20/2 as follows: "article 20/2. If the detained person is released because it happened at the end of his sentence, the Minister or his delegate shall inform the victim as soon as possible and in any case within twenty-four hours, by means of communication written fastest. "."
S. 13 A section 28 of the same Act, as amended by the law of December 14, 2012, the following changes are made: 1 ° the § 1, paragraph 1, is completed by a 6 ° as follows: "6 ° the efforts made by the convicted person to compensate the civil party, taking into account the patrimonial situation of the person sentenced as it has evolved by his act since the facts for which he was sentenced.";
2 ° in § 2, 4 ° is supplemented as follows: ", taking into account the patrimonial situation of the person sentenced as it has evolved by his act since the facts for which he was sentenced".
S. 14. article 35 § 1, paragraph 2, of the same law is completed with the following sentences: "the victim is present at the hearing the time required for the review of these conditions." The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit observations. "."
S. 15. article 44, § 3, paragraph 2, of the same law is completed with the following sentences: "the victim is present at the hearing the time required for the review of these conditions." The Crown explains the conditions contained in its opinion in the interests of the victim on this occasion. The victim may submit observations. "."
S.
16. in article 46, § 1, paragraph 2, of the Act, the words "within 24 hours in writing" are replaced by the words "as soon as possible and in any case within twenty-four hours, by means of the fastest written communication.".
S. 17. at article 47 of the same Act, as amended by the law of December 14, 2012, the following changes are made: 1 ° the § 1 is supplemented by a 6 °, as follows: "6 ° the efforts made by the convicted person to compensate the civil party, taking into account the patrimonial situation of the person sentenced as it has evolved by his act since the facts for which he was sentenced.";
2 ° in § 2, 4 ° is supplemented as follows: ", taking into account the patrimonial situation of the person sentenced as it has evolved by his act since the facts for which he was sentenced".
S. 18. article 53, paragraph 2, of the same law is completed with the following sentences: "the victim is present at the hearing the time required for the review of these conditions." The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit observations. "."
S. 19. in article 58, § 1, paragraph 2, of the Act, the words "in writing and within 24 hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by means of the fastest written communication,".
S. 20. article 61, § 4, paragraph 3, of the same law is completed with the following sentences:

"The victim is present at the hearing the time required for the review of these conditions." The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit observations. "."
S. 21A 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 required for the review of these conditions." The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit observations. ";
2 ° in § 4, first paragraph, the words "the victim" are replaced by "the most quickly possible and in any case within twenty-four hours, by means of communication written the fastest, the victim".
S. 22. at section 68 of the Act, as amended by the Act of 27 December 2006, the following changes are made: 1 ° § 3, paragraph 2 is supplemented by the following sentences: "the victim is present at the hearing the time required for the review of these conditions." The Crown explains the conditions contained in its opinion in the interests of the victim on this occasion. The victim may submit observations. ";
2 ° to the § 6, the words "in writing, within 24 hours," shall be replaced by the words "as soon as possible and in any case within twenty-four hours, by means of the fastest written communication,".
S. 23. article 71 of the Act, as amended by laws of December 27, 2006 and March 17, 2013, is supplemented by a paragraph worded as follows: "the victim is informed as soon as possible and in any case within twenty-four hours, by means of communication written fastest, final liberation.".
S. 24. in article 74, § 3, paragraph 2, of the Act, the words ", within 24 hours, informed in writing" shall be replaced by the words "informed as quickly as possible and in any case within twenty-four hours, by means of the fastest written communication,".
S. 25. in article 78, § 5, paragraph 2, of the Act, the words "in writing of the revocation within 24 hours" are replaced by the words "as soon as possible and in any case within twenty-four hours, by means of communication written fastest revocation".
S. 26. article 90, § 1, paragraph 2, of the Act, is complemented by the following sentences: "the victim is present at the hearing the time required for the review of these conditions." The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit observations. "."
S. 27. in article 95, paragraph 2, of the Act, 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 means of communication written fastest decision".
S. 28A article 95/1 of the Act, inserted by the law of December 14, 2012, the following changes are made: 1 ° § 2 is supplemented by the following sentences: "the victim is present at the hearing the time required for the review of these conditions." The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit observations. ";
2 ° § 3 is supplemented by the following sentences: "the victim is informed as soon as possible and in any case within twenty-four hours, by means of communication written fastest, of the decision and, where appropriate, the conditions imposed in its interest.".
S. 29. article 95/6, paragraph 2 of the same Act inserted by the Act of April 26, 2007, is supplemented by the following sentences: "the victim is present at the hearing the time required for the review of these conditions." The Crown and, where applicable, the Director explain on this occasion the conditions that they have made in their opinion in the interests of the victim. The victim may submit observations. "."
S. 30. in article 95/7, § 3, paragraph 2, of the Act, inserted by the Act of April 26, 2007, the words "within 24 hours in writing" shall be replaced by the words "as soon as possible and in any case within twenty-four hours, by means of the fastest written communication,".
S. 31. in article 95/14, § 4, second sentence, of the Act, inserted by the Act of April 26, 2007, "in writing and within 24 hours" shall be replaced by the words "as soon as possible and in any case within twenty-four hours, by means of the fastest written communication,".
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32. in article 95/16, § 5, paragraph 2, of the Act, inserted by the Act of April 26, 2007, "in writing of the decision within 24 hours" shall be replaced by the words "as soon as possible and in any case within twenty-four hours, by means of the fastest written communication, of the decision".
S. 33. in article 95/30, § 6, paragraph 2, of the Act, inserted by the Act of April 26, 2007, the words "in writing of the decision within 24 hours" are replaced by the words "as soon as possible and in any case within twenty-four hours by means of the fastest decision written communication".
CHAPTER 5. -Amendment of the law of January 21, 2013, amend the electoral Code and act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing sentencing, consequential to the introduction of a new status of protection consistent with human dignity article 34. in the law of January 21, 2013, amend the electoral Code and act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing sentencing, consequential to the introduction of a new status of protection consistent with human dignity , Chapter 3, with article 3 is repealed.
CHAPTER 6. -Entry into force art. 35. with the exception of this article, which shall enter into force the day of the publication of this Act in the Moniteur belge, each of the articles of this Act comes into force on the date set by the King, and no later than 1 January 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 15, 2013.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: 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 on behalf of the Committee, 53-2604/005. -Text adopted by the commission, 53-2604/006. -Amendments tabled in plenary, 53-2604/007. -Text adopted in plenary meeting and transmitted to the Senate, 53-2604/008.
Full report: November 7, 2013.
Senate.
Documents. -Draft transmitted by the Chamber, 5-2328, no. 1.
-Report on behalf of the commission, 5-2328, no. 2.
Annals of the Senate: 5 December 2013.