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Act Amending The Preliminary Title Of The Code Of Criminal Procedure In Relation To Invalidity (1)

Original Language Title: Loi modifiant le titre préliminaire du Code de procédure pénale en ce qui concerne les nullités (1)

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belgiquelex.be - Carrefour Bank of Legislation

24 OCTOBER 2013. - An Act to amend the preliminary title of the Code of Criminal Procedure with respect to nullity (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In the preliminary title of the Code of Criminal Procedure, a chapter VII entitled "Dismisses".
Art. 3. In Chapter VII, inserted by Article 2, an article 32 is inserted, as follows:
“Art. 32. The invalidity of an irregularly obtained evidence is decided only if:
- compliance with the relevant formal conditions is prescribed in a penalty of nullity, or
- the irregularity committed has established the reliability of the evidence, or
- the use of evidence is contrary to the right to a fair trial. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 24 October 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
Documents of the House of Representatives:
DOC 53 0041/ (S.E. 2010):
001: Mr. Landuyt's bill.
002: Amendments.
003: Report.
004: Text adopted by the commission.
005: Amendments.
006: Text adopted in plenary and transmitted to the Senate.
Full report: 10 January 2013.
Documents of the Senate:
5-1924 - 2002/2003:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Text amended by the commission.
No. 5: Text amended by the Senate and referred to the House of Representatives.
Annales du Senate: March 28, 2013.
Documents of the House of Representatives:
DOC 53 0041/ (S.E. 2010):
007: Draft amended by the Senate.
008 and 009: Amendments.
010: Report.
011: Text adopted by the Commission.
012: Text adopted in plenary and transmitted to the Senate.
Full report: 12-13 June 2013.
Documents of the Senate:
5-1924 - 2002/2003:
No. 6: Draft amended by the House of Representatives.
No. 7: Amendments.
Number 8: Report.
No. 9: Text amended by the commission.
No. 10: Text amended by the Senate and referred to the House of Representatives.
Annales du Senate: July 4, 2013.
Documents of the House of Representatives:
DOC 53 0041/ (S.E. 2010):
013: Draft amended by the Senate.
014: Amendments.
015: Report.
016: Text adopted by the commission.