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27 NOVEMBER 2013. - Act supplementing sections 43bis, 382ter and 433novies of the Criminal Code, as well as section 77sexies of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, with respect to special confiscation

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 43bis of the Criminal Code, inserted by the Act of 17 July 1990 and amended by the Act of 19 December 2002, is supplemented by two paragraphs as follows:
"Special confiscation of real property must or may be pronounced by the judge, according to the applicable legal basis, but only to the extent that it has been required in writing by the Public Prosecutor's Office.
The written requisition of the Public Prosecutor's Office for the confiscation of a property that has not been criminally seized in accordance with the applicable formalities is, under penalty of inadmissibility, entered free of charge on the margins of the last written title or judgment referred to in Article 1^erParagraphs 1^er and 2 of the Mortgage Act of 16 December 1851. The Public Prosecutor ' s Office provides evidence of marginal reference to the repressive file prior to the closure of the proceedings. The Public Prosecutor's Office requests, if applicable, free delisting of marginal mention. "
Art. 3. Section 382ter of the same Code, inserted as section 382bis by the Act of 13 April 1995 and renumbered in section 382ter by the Act of 28 November 2000, is replaced by the following:
"382ter. The special confiscation referred to in section 42, 1°, is applied even if the property of the things on which it carries is not owned by the convict, without the fact that such confiscation may prejudice the rights of third parties to property that may be the subject of confiscation. It must also be applied, under the same circumstances, to the furniture, the furniture, the furniture, the building, the bedroom or any other space.
It may also be applied to the counter-value of these alienated furniture or buildings between the commission of the offence and the final judicial decision.
In the event of the seizure of a building property, it is carried out in accordance with the formalities of section 35bis of the Code of Criminal Investigation. "
Art. 4. In section 433novations of the same Code, inserted by the Act of 10 August 2005 and amended by the Act of 14 April 2009, the following amendments are made:
1° paragraph 3 is supplemented by the following:
"It must also be applied, under the same circumstances, to the furniture, the furniture, the furniture, the building, the bedroom or any other space. It may also be applied to the counter-value of these alienated furniture or buildings between the commission of the offence and the final judicial decision. »;
2° the article is supplemented by a paragraph written as follows:
"If a property is seized, it shall be carried out in accordance with the formalities of section 35bis of the Code of Criminal Investigation. "
Art. 5. In section 77 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the Act of 10 August 2005, the following amendments are made:
1° paragraph 2 is supplemented by the following:
"It must also be applied, under the same circumstances, to the furniture, the furniture, the furniture, the building, the bedroom or any other space. It may also be applied to the counter-value of these alienated furniture or buildings between the commission of the offence and the final judicial decision. »;
2° the article is supplemented by a paragraph written as follows:
"If a property is seized, it shall be carried out in accordance with the formalities of section 35bis of the Code of Criminal Investigation. "
Art. 6. This Act comes into force on the first day of the third month following that of its publication in the Belgian Monitor.
Article 2 is applicable to all proceedings pending before criminal courts that decide on confiscation, whose proceedings have not yet been closed on the day of the entry into force of Article 2.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, 27 November 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
See:
Documents of the Senate:
5-1881 -2012/2013:
No. 1: Bill of Law by Mr. Deprez and others.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the House of Representatives.
Annales of the Senate: May 16, 2013.
Documents of the House of Representatives:
DOC 53-2819 -2012/2013:
001: Project transmitted by the Senate.
002: Amendments.
003: Report.
004: Text adopted by the commission.
005-7: Amendments.
DOC 53-2819 -2013/2014:
008: Supplementary report.
009: Text adopted by the commission.
010: Text amended by the House of Representatives and referred to the Senate.
Full report: 24 October 2013.
Documents of the Senate:
5-1881 -2013/2014:
No. 6: Draft amended by the House of Representatives and referred to the Senate.
Number 7: Report.
No. 8: Decision to join the draft amended by the House of Representatives.
Annales du Senate: November 14, 2013.