Law Supplementing Articles 43Bis, 382Ter And 433Novies Of The Penal Code, And Article 77Sexies Of The Law Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners, Relatively To The Special Confiscation

Original Language Title: Loi complétant les articles 43bis, 382ter et 433novies du Code pénal, ainsi que l'article 77sexies de la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers, relativement à la confiscation spéciale

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009545&caller=list&article_lang=F&row_id=1000&numero=1058&pub_date=2013-12-13&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-13 Numac: 2013009545 SERVICE PUBLIC FÉDÉRAL JUSTICE November 27, 2013. -Law supplementing articles 43bis, 382ter and 433novies of the Criminal Code, as well as article 77sexies of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, relatively to the special confiscation PHILIPPE, King of the Belgians, all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S.
2 article 43bis of the penal Code, inserted by the law of 17 July 1990 and amended by the law of 19 December 2002, is supplemented by two paragraphs worded as follows: "special confiscation of property shall or may be imposed by the judge, according to the applicable legal basis, but only to the extent that it has been requested in writing by the Crown.
The written requisition of the Crown for the confiscation of property which was not criminally seized in accordance with the formalities is, under penalty of inadmissibility, listed for free on the margins of the last transcribed title or judgment referred to in article 1, paragraphs 1 and 2 of the mortgages Act of December 16, 1851. The Crown joined the repressive record proof of the marginal reference prior to the closing of the discussion. The Crown asks, if applicable, the free removal of the marginal reference. ».
S. 3. article 382ter of the Code, inserted as article 382bis by the law of 13 April 1995 and renumbered as article 382ter by the Act of November 28, 2000, is replaced by the following: '382ter '. Special confiscation referred to in article 42, 1 ° is applied even if ownership of the things to which it relates does not belong to the sentenced person, unless such forfeiture may however prejudice the rights of third parties on the goods that could be subject to confiscation. It must also be applied, in the same circumstances, to the chattel, in part, to the immovable property, the room or any other space.
It can also be applied to the value of these furniture or buildings disposed between the commission of the offence and the final judicial decision.
In the event of seizure of immovable property, shall be made in accordance with the formalities of article 35A of the Code of criminal procedure. ».
S.
4. at article 433novies of the Code, inserted by the law of August 10, 2005 and amended by the Act of April 14, 2009, the following amendments are made: 1 ° paragraph 3 is supplemented by the following sentences: "it must also be applied, in the same circumstances, the chattel, to part of it, the immovable property, the room or any other space. It can also be applied to the value of these furniture or buildings disposed between the commission of the offence and the final judicial decision. »;
2 ° article is supplemented by a paragraph worded as follows: 'In case of seizure of immovable property, shall be made in accordance with the formalities of article 35A of the Code of criminal procedure.'.
S. 5 A article 77sexies of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, inserted by the law of August 10, 2005, the following changes are made: 1 ° paragraph 2 is supplemented by the following sentences: "it must also be applied, in the same circumstances, to the chattel, to part of it. to the immovable property, the room or any other space. It can also be applied to the value of these furniture or buildings disposed between the commission of the offence and the final judicial decision. »;
2 ° article is supplemented by a paragraph worded as follows: 'In case of seizure of immovable property, shall be made in accordance with the formalities of article 35A of the Code of criminal procedure.'.
S. 6. this Act comes into force the first day of the third month following that of its publication in the Moniteur belge.

Article 2 is applicable to all proceedings before the criminal courts that decide on confiscation, whose discussions have not yet been closed on the day of the entry into force of article 2.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, November 27, 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 see: records of the Senate: 5-1881-2012/2013: No. 1: Bill of Mr Deprez and others.
No. 2: amendments.
No. 3: report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the House of representatives.
Annals of the Senate: May 16, 2013.
Records of the House of representatives: DOC 53-2819-2012/2013: 001: draft 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 sent to the Senate.

Full report: October 24, 2013.
The Senate documents: 5-1881-2013/2014: No. 6: draft amended by the House of representatives and sent to the Senate.
No. 7: report.
No. 8: Decision to go along with the draft amended by the House of representatives.

Annals of the Senate: 14 November 2013.