An Act To Amend The Civil Code, The Act Of 31 December 1851 On The Consulates And Consular Jurisdiction, The Penal Code, The Judicial Code And The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners, E

Original Language Title: Loi modifiant le Code civil, la loi du 31 décembre 1851 sur les consulats et la juridiction consulaire, le Code pénal, le Code judiciaire et la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers, e

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009405&caller=list&article_lang=F&row_id=1100&numero=1116&pub_date=2013-09-23&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-09-23 Numac: 2013009405 FEDERAL JUSTICE PUBLIC SERVICE June 2, 2013. -Act to amend the civil Code, the law of December 31, 1851, on consulates and consular jurisdiction, the Criminal Code and the Judicial Code and the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, to the fight against marriages of convenience and the legal cohabitation of convenience (1) ALBERT II , 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 Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code civil art. 2A article 63 of the civil Code, restored by the law of May 4, 1999 and amended by the Act of March 10, 2010, the following changes are made: 1 ° in § 2, paragraph 2 is replaced by the following: "the civil status officer draws up act of this declaration within one month of the issuance of the acknowledgement of receipt referred to in article 64. , § 1, paragraph 1, unless he has doubts about the validity or authenticity of the documents provided under article 64. In this case, it shall inform the future spouses and it shall decide on the validity or authenticity of the documents provided and decides if the Act can be established, at the latest three months after the issuance of the acknowledgement of receipt referred to in article 64, § 1, paragraph 1. If he has not taken decision within this period, the civil status officer must draw up without delay. »;
2 ° in § 4, paragraph 1, the words 'or if it does not recognize the validity or authenticity of these documents' shall be inserted between the words 'referred to in section 64' and the words ', the officer of civil status.
S. 3. the introductory sentence of article 64, § 1, of the same Code, restored by the law of May 4, 1999 and amended by laws of July 16, 2004 and 3 December 2005, is supplemented by the words 'against acknowledgement of receipt which is issued after the receipt of all documents.
S. 4. in article 146ter of the Code inserted by the Act of April 25, 2007, the words "of both spouses and the consent" shall be replaced by the words "of the two spouses or consent.
S. 5 A article 167 of the Code, restored by the law of May 4, 1999 and amended by the Act of March 1, 2000, the following changes are made: 1 ° paragraph 2 is supplemented by the following sentences: "the Prosecutor may extend the time limit of three months. In this case, it shall inform the civil registrar who shall inform the interested parties. »;
2 ° in paragraph 3, the words 'without delay' are inserted between the words "marriage" and the words "even in";
3 ° paragraph 4 is supplemented by the words 'and to the Office for foreigners in the case where its decision is motivated on the basis of article 146bis'.
S. 6. article 184 of the Code, as last amended by the Act of April 25, 2007, is supplemented by a paragraph worded as follows: "King's Attorney says the nullity of a marriage contracted in violation of section 146bis or 146ter.".
S. 7. in the same Code, it is inserted an article 193ter as follows: «art.» 193ter. any feat of meaning of a judgment or judgment on the annulment of a marriage is immediately transmitted copy by the bailiff said the public prosecutor's Office and the clerk of the Court which gave the decision.
When the nullity of marriage has been pronounced by a judgment or a judgment cast in res judicata, an excerpt containing operative of the judgment or the judgment of the day where it has acquired force of res judicata, is addressed, without delay, by the Registrar to the officer of the civil registry of the place where the marriage was solemnized or When the marriage was not celebrated in Belgium, to the Registrar of civil status of Brussels. When it comes to the annulment of a marriage entered into in contravention of the provisions contained in articles 146bis or 146ter, it sends the extract at the same time to the Aliens Office.
The Registrar shall notify the parties.
The civil status officer transcribed, without delay, the device records; mention is made in the margins of the Act of marriage and the civil status acts for children, if they have been trained or transcribed in Belgium. ».
S. 8. in the same Code, it is inserted an article 1476bis as follows: «art.» 1476bis. There is no legal cohabitation when, although expressed the willingness of the parties to live together legally, it is a combination of circumstances that intend to at least one of the parties is obviously only intended to to obtain a benefit to residence, linked to the status of cohabitant legal. ».
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9. in the same Code, it is inserted an article 1476ter as follows: «art.» 1476ter. II has no legal cohabitation rather than when it is contracted without the free consent of the two legal cohabitants or that the consent of at least one of the cohabiting gave under violence or threat. ».
S. 10. in the same Code, it is inserted an article 1476quater as follows: «art.» 1476quater. the civil status officer refuses to record the statement of legal cohabitation where it notes that the statement relates to a situation as referred to in articles 1476bis and 1476ter.
If there is a serious presumption that the declaration relates to a situation as referred to in articles 1476bis and 1476ter, the civil status officer may suspend record the declaration of legal cohabitation, possibly after obtaining the opinion of the Prosecutor of the judicial district in which the parties intend to deliver the declaration of legal cohabitation for a period of two months as from the issuance of the receipt referred to in article 1476 , § 1, in order to carry out further inquiries. The Prosecutor may extend the time limit of three months. In this case, it shall inform the civil registrar who shall inform the interested parties.
If he has not taken final decision within the time limit provided for in paragraph 2, the civil status officer shall record without delay the declaration of legal cohabitation in the population register.
In the case of a refusal referred to in paragraph 1, the civil status officer shall without delay its decision to the interested parties. A copy thereof, together with a copy of all relevant documents, is, at the same time transmitted to the Prosecutor of the judicial district in which the refusal decision was taken and the Aliens Office.
The refusal of the officer of the civil registry to record the statement of legal cohabitation is subject to appeal by the interested parties before the Court of first instance within one month of the notification of its decision. ».
S. 11. in the same Code, it is inserted an article 1476quinquies as follows: «art.» 1476quinquies. § 1. In the cases referred to in articles 1476bis and 1476ter, an action in nullity may be made by legal cohabitants themselves and all those who have interest.
The Prosecutor continues the nullity of such legal cohabitation.
Any feat of meaning of a judgment or judgment quashing a legal cohabitation is immediately transmitted copy by the bailiff undersigned to the clerk of the Court which gave the decision.
When the nullity of legal cohabitation has been pronounced by a judgment or a judgment cast in res judicata, an excerpt containing operative of the judgment or the judgment of the day where it has acquired force of res judicata, is addressed, without delay, by the Registrar to the officer of civil status of the municipality of domicile of both parties or When the parties are not domiciled in the same municipality, officer of civil status of the municipality of residence of each of the parties and to the Office for foreigners.
The Registrar shall notify the parties.
The civil status officer registered without delay the cancellation of legal cohabitation in the population register.
§ 2. Legal cohabitation within the meaning of sections 1476bis and 1476ter, which has been declared invalid, nevertheless has effect in favour of the party who has contracted legal cohabitation in good faith.
It also produces its effects for children, even if none of the parties has been in good faith. ».
CHAPTER 3.
-Amendment of the Act of December 31, 1851, on consulates and consular jurisdiction art.
12. in the Act of December 31, 1851, on consulates and consular jurisdiction, it is inserted an article 20/1 as follows: «art.» 20/1. The head of a Consulate may issue to Belgians who wish to marry in the spring of his consular district, at their request, a certificate of no impediment to marriage showing that no legal objection exists under Belgian law with respect to marriage, if the foreign authority requires the production of this certificate.
The certificate is issued only where indicated in the survey that the applicant meets, according to Belgian law, the qualities and conditions required in order to enter into marriage.
At the request of the certificate, the applicant domiciled abroad must elect domicile in Belgium for correspondence and notifications.
If he is not satisfied to the qualities and conditions required in order to enter into marriage or in the event of doubts as to the satisfaction to the qualities and conditions required, the head of the Consulate communicates the certificate request to the prosecutor competent King and shall inform the applicant.
In the

three months of receipt of the application for the certificate, which the Consulate acknowledges receipt when submitting the request, the Prosecutor can oppose its grant. It may extend the period of two months at the most. It shall without delay inform the interested parties, the Consulate to which the certificate was requested, the Foreign Office and the officer of the civil registry of the commune in Belgium where the applicant is domiciled, reasoned opposition.
The lifting of the opposition may be requested within one month of the notification of the opposition before the Court of first instance of the jurisdiction of the Prosecutor of the King who opposed the issuance of the certificate. Judge rules promptly.
In the event of non-opposition of the Procurator of the King within the period referred to in paragraph 5, the head of the Consulate shall issue the certificate without delay. ».
CHAPTER 4. -Changes of the Code penal Art. 13. in book II, title VII, of the penal Code, the title of chapter XI, inserted by the Act of April 25, 2007, is supplemented by the words 'and of legal cohabitation forced'.
S. 14A article 391sexies of the Code, inserted by the Act of April 25, 2007, the following changes are made: 1 ° in the paragraph 1, the words "of one month to two years or a fine of one hundred to five hundred euros' are replaced by the words" three months to five years"and a fine of two hundred and fifty five thousand euro EUR
2 ° in paragraph 2, the words "15 days to one year or a fine of fifty to two hundred and fifty euro» are replaced by the words" two months to three years and a fine of one hundred twenty-five euro to two thousand five hundred euro.
S. 15. in book II, title VII, chapter XI, of the same Code, it is inserted an article 391septies as follows: «art.» 391septies. any person who, by violence or threats, will have forced someone to contract a legal cohabitation shall be punished with imprisonment of three months to five years and a fine of two hundred and fifty five thousand euro EUR.
The attempt is punishable by imprisonment from two months to three years and a fine of one hundred twenty-five euro to two thousand five hundred euro. ».
S. 16. in book II, title VII, chapter XI, of the same Code, it is inserted an article 391octies as follows: «art.» 391octies. § 1.
The judge who pronounces a conviction on the basis of articles 391sexies or 391septies or which finds guilt for an offence under these provisions, may also pronounce the nullity of marriage or legal cohabitation, at the request of the Prosecutor of the King or any party having an interest in the cause.
§ 2. A judgment is enforceable to the spouse or cohabiting as if they were parties or known as to the cause.
The public prosecutor may call in forcible intervention the spouse or spouses or cohabiting it legal or cohabiting who are not parties to the cause.
The intervention confers the status of party to the cause. These parties may exercise legal remedies.
The intervention is formed at the beginning of the instance so that the parties can enforce their rights on the cancellation of the marriage or the legal cohabitation.
§ 3. Any feat of meaning of a judgment or judgment on the annulment of a marriage or a legal cohabitation is immediately transmitted copy by the bailiff undersigned to the clerk of the Court which gave the decision.
§ 4. When the nullity of marriage has been pronounced by a judgment or a judgment cast in res judicata, an excerpt containing operative of the judgment or the judgment and of the day where it has acquired force of res judicata is addressed, without delay, by the Registrar to the officer of the civil registry of the place where the marriage was celebrated and the Aliens Office or When the marriage was not celebrated in Belgium, to the Registrar of civil status of Brussels and with the Office for foreigners.
The Registrar shall notify the parties.
The civil status officer transcribed without delay the device on its records; mention is made in the margins of the Act of marriage and the civil status acts for children, if they have been trained or transcribed in Belgium.
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5. When the nullity of legal cohabitation has been pronounced by a judgment or a judgment cast in res judicata, an excerpt containing operative of the judgment or the judgment and of the day where it has acquired force of res judicata is sent without delay by the Registrar to the officer of the civil registry of the place where the declaration of legal cohabitation has been made and the Office strangers.
The Registrar shall notify the parties.
The civil status officer mentions without delay the cancellation of legal cohabitation in the population register. ».
CHAPTER 5. -Changes of Code judiciary art. 17A 569, paragraph 1 of the article, Code judicial, amended last by the law of December 10, 2012, the following changes are made: 1 ° 1 °, is supplemented by the words "and without prejudice to the competence assigned to the Criminal Court by article 391octies of the penal Code and article 79quater of the law of 15 December 1980 on access to the territory. ', the residence, establishment and expulsion of foreigners ";
2 ° it is inserted a 1 ° as follows 1: "1 ° bis requests for the cancellation of legal cohabitation, without prejudice to the competence assigned to the Criminal Court under article 391octies of the penal Code and article 79quater of the law of 15 December 1980 on access to the territory, residence, establishment and expulsion of foreigners;
S. 18 in article 587, 9 °, of the same Code, inserted by the Act of 4 May 1999, the words "and 167, last paragraph," are replaced by the words ' 167, paragraph 6, and 1476quater, paragraph 5 '.
CHAPTER 6. -Amendments to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts 19 in article 40B of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, inserted by the law of July 8, 2011, a paragraph worded as follows is inserted between paragraphs 2 and 3: ' where a certificate of non-impediment to marriage has been issued, it shall be not carried out a new survey on the occasion of the examination of an application for family reunification based on the marriage subsequent to the issuance of '. This certificate, except if new elements arise. ».
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20. in article 74/11, § 1, of the Act, inserted by the Act of January 19, 2012, paragraph 3 is replaced by the following: "the maximum period of three years referred to in paragraph 2 is increased to a maximum of five years when: 1 ° national of a third country resorted to fraud or other illegal means in order to be allowed to stay or maintain their right of residence;
2 ° national of a third country has concluded a marriage, partnership or adoption only to be allowed to stay or to preserve her right to stay in the Kingdom. ».
S. 21. in article 79(a) of the Act, inserted by the law of 12 January 2006, the following changes are made: 1 ° in the § 1, paragraph 1, the words «of eight days to three months or a fine of 26 to cent EUR» are replaced by the words "of one month to three years." and a fine of fifty to five hundred euro
2 ° in the § 1, paragraph 2, the words «of 15 days to one year or a fine of fifty to two hundred and fifty EUR» are replaced by the words "two months to four years." and a fine of one hundred two thousand five hundred euro EUR
3 ° in the § 1, paragraph 3, the words «of one month to two years or a fine of one hundred to five hundred EUR» are replaced by the words "three months to five years" and a fine of two hundred and fifty five thousand euro EUR
4 ° in the § 2, paragraph 1, the words ' a fine of twenty-six to fifty EUR» are replaced by the words "imprisonment of 15 days to one year and a fine of twenty to two hundred and fifty euro.
5 ° in § 2, paragraph 2, the words «of eight days to six months or a fine of twenty to one hundred twenty-five EUR» are replaced by the words "of one month to two years '; and a fine of fifty to two hundred and fifty euro
6 ° in § 2, paragraph 3, the words ' 15 days to one year or a fine of fifty to two hundred and fifty EUR» shall be replaced by the words "two months to three years and a fine of cents 25 euros to two thousand five hundred euro.
S. 22. in the Act, it is inserted an article 79ter as follows: «art.» 79ter. § 1. Any person who concludes a legal cohabitation in the circumstances referred to in article 1476bis of the civil Code, shall be punished by imprisonment of one month to three years and a fine of fifty to five hundred euro.
Anyone who receives a sum of money to pay for the conclusion of such cohabitation, shall be punished by a term of imprisonment of two months to four years and a fine of one hundred euros to two thousand five hundred euro.
Anyone who uses violence or threats against a person to compel to conclude such cohabitation shall be punished by imprisonment from three months to five years and a fine of two hundred and fifty euros at five thousand euros.
§ 2. The attempt of the crime described in the § 1, paragraph 1, is punishable by imprisonment from 15 days to one year and a fine of twenty to two hundred and fifty euro.
The attempt of the offence referred to the § 1, paragraph 2, is punishable by imprisonment of one month to two years and a fine of fifty to two hundred and fifty euro.
The attempt of the offence referred to the § 1, paragraph 3, is punishable by imprisonment from two months to three years and a fine of one hundred twenty-five euro to two thousand five hundred euro. ».

S. 23. in the Act, it is inserted an article 79quater as follows: «art.» 79quater. § 1. The judge who pronounces a conviction on the basis of article 79(a) or 79ter or which finds the conviction for an offence referred to in these provisions, may also pronounce the nullity of marriage or legal cohabitation, at the request of the Prosecutor of the King or any party having an interest in the cause.
§ 2. No judgment is enforceable to the spouse or legal cohabitants if they were present or known as to the cause.
The public prosecutor may call in forcible intervention the spouse or cohabitant it legal that is not present at the cause.
The intervention confers the status of party to the cause. These parties may exercise legal remedies.
The intervention is formed at the beginning of the instance so that these parties may enforce their rights on the cancellation of the marriage or the legal cohabitation.
§ 3. Any feat of meaning of a judgment or ruling on the annulment of a marriage or a legal cohabitation is immediately transmitted copy by the bailiff undersigned to the clerk of the Court which gave the decision.
§ 4. When the nullity of marriage has been pronounced by a judgment or a judgment cast in res judicata, an excerpt containing operative of the judgment or the judgment and of the day where it has acquired force of res judicata, without delay, sent by the Registrar to the officer of the civil registry of the place where the marriage was celebrated and the Aliens Office or When the marriage was not celebrated in Belgium, to the Registrar of civil status of Brussels and with the Office for foreigners.
The Registrar shall notify the parties.
The civil status officer transcribed without delay the device on its records; mention is made in the margins of the Act of marriage and the civil status acts for children, if they have been trained or transcribed in Belgium.
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5. When the nullity of legal cohabitation has been pronounced by a judgment or a judgment cast in res judicata, an excerpt containing operative of the judgment or the judgment and of the day where it has acquired force of res judicata, without delay, sent by the Registrar to the officer of the civil registry of the place where the statement of legal cohabitation and the Aliens Office.
The Registrar shall notify the parties.
The civil status officer registered without delay the cancellation of legal cohabitation in the population register. ».
CHAPTER 7. -Disposition transitional art.
24. articles 63, 64 and 167 of the civil Code remain applicable to statements made by the future spouses prior to the entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on 2 June 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2673 - No. 1. -Amendments - Nos. 2-5. -Reports - our 6-8. -Text adopted by the commissions - No. 9. -Amendments - No. 10. -Text adopted in plenary meeting and transmitted to the Senate - No. 11.
See also: Compte rendu intégral. -25 April 2013.
Senate.
Documents.
-Project not mentioned by the Senate, 5-2053 - No. 1.