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15 JULY 2013. - An Act to amend the provisions of the Judicial Code relating to discipline (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In section 58 of the Judicial Code, amended by the Act of 10 April 2003, the words "of the disciplinary court" are inserted between the words "of the commercial court" and the words "of the court of appeal" and the words "of the disciplinary court of appeal" are inserted between the words "of the court of sittings" and the words "and the Court of Cassation".
Art. 3. Article 58bis of the same Code, last amended by the Act of 13 June 2006, is supplemented by a 5° written as follows:
"5° warrant in disciplinary courts: the warrants of a judge in the disciplinary court and to advise the disciplinary court of appeal. "
Art. 4. In the same Code, an article 259sexies/1 is inserted as follows:
"Art. 259sexies/1. Judges in the Disciplinary Court and counsellors in the Disciplinary Court of Appeal are appointed among the magistrates of the seat who have served for at least ten years as a judge of the Public Prosecutor's Office or of the Headquarters and who have never been subjected to a disciplinary penalty unless it has been erased.
Judges in the disciplinary court are appointed by the general assemblies of the courts of first instance for a non-renewable term of seven years among the candidates who have been the subject of a substantiated proposal by the head of body.
Counselors in the Disciplinary Appeals Tribunal are appointed by the General Meetings of appeal courses for a non-renewable term of seven years among the candidates who have been the subject of a substantiated proposal from the Head of Body.
The King sets the quota for judges who may sit in the disciplinary court and advisers who may sit in the disciplinary appeal court.
Heads of bodies and members of the Supreme Council of Justice cannot be appointed to serve in disciplinary courts.
The term of office of a judge in the disciplinary court and to advise the disciplinary court of appeal is terminated when the person accepts a mission referred to in sections 308, 323 bis, 327 and 327 bis. The term ends ex officio when a disciplinary penalty is imposed on him. "
Art. 5. In article 287sexies, paragraph 1^er, of the same Code, inserted by the law of April 25, 2007, the words "of a judge in the disciplinary court, of advising the disciplinary court of appeal," are inserted between the words "court of assistance" and the words "federal magistrate".
Art. 6. Section 288 of the Code, last amended by the Act of 25 April 2007, is supplemented by a paragraph written as follows:
"The reception of advisors and assessors in the disciplinary court of appeal and judges and assessors in the disciplinary court is before one of the chambers of the court of appeal in the jurisdiction of which the disciplinary court is established, presided by the first president or by the counsel who replaces it, or before the board of appeals. "
Art. 7. In Article 341 of the same Code, last amended by the Act of 18 December 2006, § 4 is repealed.
Art. 8. Section 405 of the same Code, replaced by the Act of 7 July 2002, is replaced by the following:
"Art. 405. § 1^er. Minor disciplinary penalties applicable to members and members of the judiciary are:
1° the reminder to order;
2° the blame.
Major disciplinary penalties for members and members of the judiciary are:
1° the treatment restraint;
2° the disciplinary suspension;
3° baremic regression or loss of last treatment supplement;
4° the demotion or withdrawal of mandate referred to in section 58 bis;
5° the resignation of office;
6° the dismissal or revocation.
§ 2. The deduction shall apply for a period of not less than 15 days and not more than one year and may not exceed that provided for in section 23, paragraph 2, of the Act of April 12, 1965 concerning the protection of the remuneration of workers.
§ 3. Disciplinary suspension is imposed for a period of at least one month and not more than one year.
Disciplinary suspension results in a loss of 20% of gross treatment.
During periods of disciplinary suspension, the person concerned may not claim his or her securities to the promotion or advancement of his or her salary scale.
§ 4. Baremic regression consists of attribution:
1° of a lower treatment scale in the same grade or in the same class;
2° of a grade of the same level with a lower salary scale.
§ 5. The demotion consists in the attribution of a grade of a lower or lower grade.
The staff member is ranked in this new grade or in this new class on the date the assignment produces its effects.
§ 6. In addition to the loss of the current mandate, the withdrawal of the term referred to in section 58bis is therefore that the person concerned may no longer be a candidate for a term referred to in that section except for the deletion or revisions referred to in sections 421 and 422.
The removal of the body chief's mandate results in the loss of the maintenance of the treatment referred to in Article 102, § 1^er, paragraph 3, of the Act of 22 December 1998 amending certain provisions of the second part of the Judicial Code concerning the Superior Council of Justice, the appointment and designation of magistrates and establishing an assessment system for magistrates and section 18 of the Act of 18 December 2006 amending articles 80, 259quater, 259quinquies, 259decies, 259undecies, 323bis,
§ 7. The resigning of office makes it lose the quality of a member of the judiciary or a member of the staff of the offices and the prosecutors' offices.
§ 8. The dismissal and revocation cause the loss of the quality of a member of the judiciary or of a member of the staff of the offices and prosecutor's offices and result in the loss of the pension.
§ 9. Dismissal and revocation preclude the reappointment of the judiciary.
A disciplinary penalty shall not be imposed on the Supreme Council of Justice, except for cases of termination or review referred to in sections 421 and 422.
§ 10. Disciplinary jurisdiction may suspend the pronouncement of the sanction and suspend the enforcement of the sanction that it imposes, if any, under the specific conditions that it imposes. "
Art. 9. Section 405ter of the same Code, inserted by the Act of 7 July 2002, is replaced by the following:
"Art. 405ter. The authority referred to in Article 412, §§ 1^er and 2, immediately notify the King or Minister of Justice of what the disciplinary court has been seized. "
Art. 10. In section 405quater of the same Code, inserted by the law of July 7, 2002, the words "is suspended" are replaced by the words "may be suspended".
Art. 11. Article 406, § 1^erin the same Code, replaced by the Act of 7 July 2002, the following amendments are made:
1° paragraph 2 is replaced by the following:
"The order is pronounced by the authority referred to in Article 412, § 1^erfor a maximum of three months and may be extended for a maximum of three months to the final decision. It can result in a 20 per cent reduction in gross treatment. The Public Prosecutor may seize or seize on the Minister of Justice the authority referred to in Article 412, § 1^eran application for suspension in the interest of the service. »;
2° Paragraph 3 is replaced by the following:
"No order or extension may be pronounced without the person concerned being heard or duly called or, where the hearing is impossible, without the person being able to assert his defence in writing or to be represented. »;
3° the § is supplemented by the following paragraphs:
"The summons shall be delivered to the person concerned against acknowledgement of receipt or by registered consignment containing a statement of the facts referred to, the place and time of consultation of the record, and the place and date of appearance.
The decision of the authority referred to in Article 412, § 1^er, shall be notified against acknowledgement of receipt or by registered consignment to the person concerned and the public prosecutor within five days after the hearing of the person concerned or the date fixed for the hearing or the handover of the defence in writing.
The notification refers to the right to lodge an appeal, the deadline and the forms to be respected.
The decision is enforceable immediately. "
Art. 12. In section 407 of the same Code, replaced by the Act of 25 April 2007, the words "of the competent authority to pronounce the suspension" are replaced by the words "of the disciplinary court".
Art. 13. In the second part, Book II, Title V, of the same Code, the title of Section I, replaced by the law of July 7, 2002, is replaced by the following: "Disciplinary jurisdictions".
Art. 14. Section 409 of the same Code, last amended by the Act of 25 April 2007, is replaced by the following:
"Art. 409. § 1^er. For all of Belgium, there is a French-language disciplinary tribunal and a non-permanent Dutch-language disciplinary tribunal, competent in respect of members and members of the judiciary.
In the French-language court, a Chamber, composed of at least one magistrate of the German-language office, is involved in matters relating to members and staff of the German-language judiciary.
In the event of impossibility of appointing a judge justifying the knowledge of the German language in the French language court, the procedure shall take place in the French language. ÷ the request of the person concerned, the court may order that it be appealed to a translator; translation fees are charged to the Treasury. The judgment is translated into German.
The French-language court sits in Namur. The Dutch language court sits in Ghent. Invented disciplinary files and a copy of the individual file of the person concerned are sent to the Registry of the Namur or Ghent Trial Court.
The duties of the Public Prosecutor's Office in the Disciplinary Court are exercised by the King's Prosecutor in the Court of First Instance at which the Disciplinary Court holds its hearings.
The duties of clerk in the disciplinary court are performed by a clerk of the court of first instance at which the disciplinary court holds its hearings. He is designated by the Chief Clerk.
§ 2. When they are called to adjudicate on a judge of the seat other than a magistrate of the Court of Cassation, the Chambers of the Disciplinary Court are composed of two judges in the disciplinary court and one assessor from a jurisdiction of the same level as that of the person prosecuted. A sticker of an Order Council is each time deputy with advisory voice.
When they are called to adjudicate on a magistrate of the Public Prosecutor's Office other than a magistrate near the Court of Cassation, the Chambers of the Disciplinary Court are composed of two judges in the disciplinary court and one assessor appointed among the magistrates of the Public Prosecutor's Office at the same level as the person prosecuted. A sticker of an Order Council is each time deputy with advisory voice.
When disciplinary proceedings involve a member of the judicial staff, they are composed of two judges in the disciplinary court and one assessor appointed from the assessors appointed by the Minister of Justice and at least equal to that of the person subject to disciplinary proceedings. A sticker of an Order Council is each time deputy with advisory voice.
The sticker is designated by the Order of Francophone and German-speaking Bars or the Orde van Vlaamse Balies, at the written request of the president of the disciplinary court.
§ 3. When they are called to adjudicate on a magistrate of or near the Court of Cassation, the Chambers of the Disciplinary Court shall be composed of two judges in the Disciplinary Court and one assessor appointed in accordance with Article 411, § 6.
A sticker of an Order Council is each time deputy with advisory voice. It is designated according to the procedure referred to in § 2, paragraph 4. "
Art. 15. In the second part, Book II, Title V, of the same Code, the title of Section II, replaced by the law of July 7, 2002, is repealed.
Art. 16. Section 410 of the same Code, last amended by the Act of 25 April 2007, is replaced by the following:
"Art. 410. § 1^er. For all of Belgium, there is a French-speaking disciplinary court of appeal and a non-permanent Dutch-speaking court of appeal.
The French-language disciplinary court sits in Brussels. The Dutch Language Appeal Disciplinary Court sits in Brussels. Disciplinary files are sent to the Court of Appeal's office.
The duties of the Public Prosecutor's Office in the Disciplinary Court of Appeal are exercised by the Attorney General at the Court of Appeal at the seat of which the Disciplinary Court of Appeal holds its hearings.
The duties of clerk in the disciplinary court of appeal are performed by a clerk of the court of appeal at the seat of which the disciplinary court of appeal holds its hearings. He is designated by the Chief Clerk.
In the French-language disciplinary court, a Chamber, composed of at least one judge of the German-language office, is involved in matters relating to members and members of the German-language judiciary.
In the event of an impossibility to establish a Chamber composed of a judge justifying the knowledge of the German language, the procedure shall take place in the French language. ÷ the request of the person concerned, the court may order that it be appealed to a translator; translation fees are charged to the Treasury. The stop is translated into German.
§ 2. When they are called to adjudicate on a judge of the seat other than a judge of the Court of Cassation, the Chambers of the Disciplinary Court of Appeal are composed of two advisers to the Disciplinary Court of Appeal and an assessor advisor from a jurisdiction of the same level as that of the person prosecuted. A sticker of an Order Council is each time deputy with advisory voice.
When they are called to adjudicate on a magistrate of the Public Prosecutor's Office other than a magistrate near the Court of Cassation, the Chambers of the Disciplinary Court of Appeal are composed of two advisers to the Disciplinary Court of Appeal and one assessor appointed among the magistrates of the Public Prosecutor's Office at the same level as the person prosecuted. A sticker of an Order Council is each time deputy with advisory voice.
When disciplinary proceedings involve a member of the judicial staff, the Appeals Disciplinary Court Chambers are composed of two counsellors in the Appeal Disciplinary Court, and one assessor appointed from the assessors appointed by the Minister of Justice and at least equal to that of the person subject to disciplinary proceedings. A sticker of an Order Council is each time deputy with advisory voice.
The sticker is designated by the Order of Francophone and German-speaking Bars or the Orde van Vlaamse Balies, at the written request of the president of the disciplinary appeal court.
§ 3. When they are called to adjudicate on a magistrate of or near the Court of Cassation, the Chambers of the Disciplinary Court of Appeal shall be composed of two advisers to the Disciplinary Court of Appeal and a assessor appointed in accordance with Article 411, § 6, paragraph 1^er or 2, as the case may be.
A sticker of an Order Council is each time deputy with advisory voice. It is designated according to the procedure referred to in § 2, paragraph 4. "
Art. 17. In the second part, Book II, Title V, of the same Code, the title of Section III, replaced by the law of July 7, 2002, is repealed.
Art. 18. Section 411 of the same Code, replaced by the Act of 7 July 2002, is replaced by the following:
"Art. 411. § 1^er. The assessors of the disciplinary tribunal and the disciplinary court of appeal are designated for a period of five years not renewable.
Heads of bodies and members of the Supreme Council of Justice cannot be appointed to serve in disciplinary courts.
The duties of the assessor members of the disciplinary courts shall end ex officio when a disciplinary sentence is imposed on them.
The term of office of a judge designated as an assessor in the disciplinary court or in the disciplinary court of appeal shall be terminated when the individual accepts a mission referred to in sections 308, 323 bis, 327 and 327 bis.
§ 2. Assessing members of disciplinary courts are appointed from actual or retired career magistrates and level A and B judicial personnel.
The candidate must, to be appointed as an assessor of the disciplinary courts, have ten years of office in the Judicial Order, of which five years are respectively in the office of a magistrate, a magistrate of the Public Prosecutor's Office or a member of the staff at level A or B, and have not been subject to disciplinary action.
The assessor candidates apply to their general assembly, body assembly or the Minister of Justice, respectively, within 30 days of the call to the candidates published to the Belgian Monitor.
§ 3. Judges of the seat who may sit as an assessor in disciplinary courts are selected by their general assembly within sixty days of the appeal to candidates published in the Belgian Monitor. Judges of the Public Prosecutor ' s Office who may serve as an assessor in disciplinary courts are selected by their body assembly within the same time frame.
In each court of appeal, the presidents of the courts of first instance, of commerce and of work and the president of the general assembly of the justices of the peace and of the judges in the police court shall jointly appoint, among the candidates selected by the general assemblies, four members of the courts who may sit as assessor in the disciplinary tribunal or as assessor in the disciplinary appeal court. In the Brussels Court of Appeal, four French-speaking magistrates and four Dutch-speaking magistrates are appointed in the same way.
The designations are motivated.
In each court of appeal, the first presiding officers of the appeals and labour courts shall jointly designate, among the candidates selected by the general assemblies, three members of these courses to serve as an assessor in the disciplinary court of appeal or as an assessor in the disciplinary court.
In the Brussels Court of Appeal, three French-speaking councillors and three Dutch-speaking councillors are jointly appointed by the first president of the Court of Cassation, the first president of the Court of Appeal and the first president of the Labour Court.
The designations are motivated.
§ 4. In each court of appeal, Crown prosecutors and labour auditors shall jointly designate, among the candidates selected by the body assemblies, three magistrates of the Crown Prosecutor's Office or the Labour Auditor's Office who may serve as an assessor in the disciplinary court or in the disciplinary court of appeal or may exercise the powers of the Public Prosecutor's Office. In the Brussels Court of Appeal, three French-speaking magistrates and three Dutch-speaking magistrates are jointly appointed by the King's prosecutors and labour auditors.
The designations are motivated.
The Attorney General near the Court of Cassation, the Attorney General and the Federal Prosecutor shall jointly designate, among the candidates selected by the bodies, the six members of the French General Prosecutors and the six members of the Dutch General Prosecutors who may serve as an assessor in the disciplinary court or in the disciplinary court of appeal, or exercise the powers of the Public Prosecutor.
The designations are motivated.
§ 5. By court of appeal, two level A staff members and two level B staff members who may serve as an assessor in the disciplinary court or appeal disciplinary court are appointed by the Minister of Justice within a non-ante day after the appeal to the candidates, on the advice of their supervisor. The Minister of Justice requests the opinion of the candidate's supervisor within ten days of receiving the application. The notices are transmitted to the Minister of Justice within sixty days of the call to the candidates.
In the Brussels Court of Appeal, two members of the level A Francophone staff, two members of the level A Dutch-speaking staff, two members of the level B French-speaking staff and two members of the level B Dutch-speaking staff are appointed.
§ 6. The first president of the Court of Cassation shall designate three emeritus magistrates from the seat who have been nominated to serve in the cases referred to in articles 409, § 3, paragraph 1^erand 410, § 3, paragraph 1^er.
The Attorney General at the Court of Cassation designates three emeritus members of the Attorney General ' s Office who have been nominated to serve in the cases referred to in Articles 409, § 3, paragraph 1^erand 410, § 3, paragraph 1^er.
§ 7. The list of members designated to serve in disciplinary courts is published in the Belgian Monitor within 100 days of the appeal to candidates. "
Art. 19. In the same Code, an article 411/1 is inserted as follows:
"Art. 411/1. The Disciplinary Court and the Disciplinary Appeals Tribunal shall be presided by the judge and the counsellor with the highest seniority and appointed to sit in these disciplinary courts.
The appointment of members comprising these disciplinary courts, with the exception of the member with an advisory vote, shall take place on 1^er September of each year according to a role tower defined by the judge or counsel referred to in paragraph 1^er.
When a file is transmitted to the office of the disciplinary court, the court shall be constituted within five days by the president of the disciplinary tribunal or by the president of the disciplinary court of appeal with the most seniority, as the case may be.
Except for cases referred to in Articles 409, § 3, paragraph 1^er410, § 3, paragraph 1^er, and 411, § 6, the members who make up the jurisdiction may not be appointed or delegated in a court, a prosecutor's office, a prosecutor's office or a public prosecutor's office or a support department of the same jurisdiction as the person subject to disciplinary proceedings and may not have a hierarchical relationship with the person concerned. "
Art. 20. In the second part, Book II, Title V, of the same Code, the title of Section IV, replaced by the Act of 7 July 2002, which becomes Section II, is replaced by the following: "Disciplinary Authorities".
Art. 21. Section 412 of the same Code, last amended by the Act of 25 April 2007, is replaced by the following:
"Art. 412. § 1^er. The competent authorities to institute disciplinary proceedings are:
1° with regard to the magistrates of the siege, with the exception of the magistrates near the Court of Cassation:
(a) the first president of the Court of Cassation in respect of the first presidents of the courts of appeal and the first presidents of the courts of work;
(b) the first president of the Court of Appeal in respect of the members of the Court, the presidents of the Courts of First Instance and the presidents of the Courts of Commerce, the judges of Supplement to the Court of First Instance and the judges of Supplement to the Court of Commerce of the relevant jurisdiction;
(c) the first president of the labour court in respect of the members of the court, including social advisers, as well as in respect of the presidents of the labour tribunals and judges to supplement the labour court of the court concerned;
(d) the president of the court of first instance in respect of the members of this court, including assessors in accordance with penalties, justices of the peace, judges in the police court, as well as judges of the peace of supplement and judges of complement to the police court;
(e) the President of the Commercial Court in respect of the members of the Court, including consular judges;
(f) the Chairperson of the Labour Court in respect of the members of the Court, including social judges;
2° with regard to the magistrates of the Public Prosecutor's Office, with the exception of the magistrates near the Court of Cassation:
(a) the Attorney General near the Court of Cassation in respect of Attorneys General near the Courts of Appeal and the Federal Prosecutor;
(b) the Attorney General near the Court of Appeal in respect of members of the Attorney General's Office near the Court of Appeal, members of the Auditor General near the Court of Work, Crown Prosecutors, Labour Auditors, Deputy Crown Prosecutors, and substitutes of the Auditor of Supplemental Work;
(c) the Crown Prosecutor in respect of the members of the Crown Prosecutor's Office, and the auditor of work in respect of the members of the Labour Auditorate;
(d) the federal prosecutor in respect of federal judges;
(e) in respect of youth justices and liaison magistrates, the competent disciplinary authority for the function to which they were appointed;
3° with regard to the judges of the Court of Cassation:
(a) the General Assembly of the Court of Cassation in respect of the first President of the Court of Cassation;
(b) the first president of the Court of Cassation in respect of magistrates at the seat of the Court of Cassation;
(c) the Minister of Justice in respect of the Attorney General at the Court of Cassation;
(d) the Attorney General near the Court of Cassation in respect of the First Attorney General and General Counsel at the Court of Cassation;
4° with respect to referees near the Court of Cassation:
(a) the first president of the Court of Cassation in respect of referees who assist counsellors;
(b) the Attorney General near the Court of Cassation in respect of referees who assist members of the Prosecutor ' s Office;
5° with respect to referenda and prosecutors:
(a) the first president of the Court of Appeal in respect of the referendums near this court;
(b) the first president of the labour court in respect of the referendums near this court;
(c) the president of the court of first instance in respect of the referees to that court;
(d) the President of the Labour Court with respect to referees in this court;
(e) the President of the Commercial Court with respect to referees in this court;
(f) the judge in the oldest police court in respect of referees to the court;
(g) the Attorney General near the Court of Appeal with respect to prosecutors near the Attorney General's Office and the Auditor General of the Labour;
(h) the King ' s prosecutor in respect of prosecutor ' s lawyers near the prosecutor ' s office of the court of first instance;
(i) the auditor of work in respect of prosecutors near the auditorium of work;
(j) the federal prosecutor in respect of prosecutors close to the Federal Prosecutor ' s Office;
6° with respect to the officers in the service of documentation and the consistency of the texts with the Court of Cassation: the Attorney General near this Court;
7 with respect to level A staff, Clerks, Secretaries and Registry staff, prosecutors and support services:
(a) the first president of the Court of Cassation in respect of the Chief Clerk of the Court of Cassation, and the Attorney General near the Court of Cassation in respect of the Chief Secretary of the Attorney General's Office at the Court of Cassation;
(b) the first president of the Court of Appeal and the Labour Court in respect of the Chief Clerk of the Court of Appeal and the Court of Labour, and the Attorney General near the Court of Appeal in respect of the Chief Secretary of the Attorney General's Office at the Court of Appeal and near the Court of Work, as well as staff at the level Close to these courses, close to the public prosecutors and the general auditors;
(c) the federal prosecutor in respect of the Chief Secretary and level A staff of the Federal Prosecutor ' s Office;
(d) the President of the Court of First Instance in respect of the Chief Clerk of this Court, the Chief Clerk of the Police Court, the Chief Clerk of the Peace Justice, and the King's Prosecutor in respect of the Chief Secretary of the Prosecutor's Office of the King and level A staff members of these courts and prosecutors;
(e) the President of the Commercial Court in respect of the Chief Clerk of the Commercial Court, and the King's Prosecutor in respect of level A personnel near the Commercial Court;
(f) the president of the Labour Court in respect of the Chief Clerk of the Labour Court, and the auditor of work in respect of the Chief Secretary of the Labour Auditorate and level A staff of these courts and prosecutors;
(g) the Chief Justice of the Jurisdiction or the Prosecutor ' s Office in respect of members of the support services;
(h) the Chief Clerk in respect of Clerks of Service, Clerks, Experts, Administrative Experts and ICT experts, assistants and staff in the Registry;
(i) the Chief Secretary in respect of Chief Secretaries of Service, Secretaries, experts, administrative experts and ICT experts, assistants and secretariat staff at the Prosecutor ' s Office.
Alternate judges are subject to the same authority as the actual magistrates. Members and members of the delegated staff in a court, a prosecutor's office, a court office, a prosecutor's office or a support service are the same authority as those appointed therein.
Members and members of the staff who are delegated outside of the Belgian Judicial Order are under the authority referred to in paragraph 1^er.
§ 2. Disciplinary proceedings may always be brought upon requisition of the Public Prosecutor's Office to the jurisdiction of the person concerned, or, where the person concerned is a member or a member of the staff of a justice of the peace, by the Public Prosecutor's Office to the Court of First Instance of the Borough in whose territory the justice of the peace is located.
The first president of the Court of Appeal and the first president of the Labour Court may give injunction to the public department referred to in paragraph 1^er to file with the Disciplinary Court a case concerning a magistrate of the Public Prosecutor's Office. "
Art. 22. In the second part, book II, section V, of the same Code, the title of section V, inserted by the law of July 7, 2002, is repealed.
Art. 23. Section 413 of the same Code, inserted by the Act of 7 July 2002 and amended by the Act of 25 April 2007, is replaced by the following:
"Art. 413. § 1^er. The facts referred to in Article 404 shall be investigated by a judge designated by the authority referred to in Article 412, § 1^er.
The initiation of an investigation is notified promptly to the person concerned.
The investigation cannot last more than three months. If, within three months of the notification of the initiation of an investigation, no action shall be taken by the authority referred to in section 412, § 1^er, which took the initiative of this investigation, the person concerned may refer to the disciplinary court by registered consignment, which replaces that authority. Within fifteen days of its referral, the disciplinary court shall address the authority referred to in section 412, § 1^era request for a report and conclusions. The report and conclusions are transmitted within 30 days of receipt of the application.
§ 2. The authority referred to in Article 412, § 1^er, which considers, after investigation, that the facts are likely to justify a minor disciplinary penalty, is competent to inflict it to the person concerned. The decision shall be notified without delay against acknowledgement of receipt dated or by registered consignment to the person concerned, to the Public Prosecutor's Office near the jurisdiction of the person concerned or, where the person concerned is a member or a member of the personnel of a justice of the peace, to the Public Prosecutor's Office at the Court of First Instance of the Borough in whose territory the justice of the peace is located and to the Minister of Justice.
The person concerned and the Public Prosecutor ' s Office close to the jurisdiction of that person or, where the person concerned is a member or a member of the staff of a justice of the peace, the Public Prosecutor ' s Office at the Court of First Instance of the Borough in the territory of which the justice of the peace is located, may, in the forms and times provided for in Article 420, § 3, appeal to the disciplinary court against the disciplinary decisions taken by the authority referred to § 1^er.
§ 3. The authority referred to in Article 412, § 1^er, which considers, after investigation, that the facts are of a nature to justify a major disciplinary penalty, seizes the disciplinary court and transmits to it, for the purpose of convening, the investigation file, the report and the conclusions. She informs the data subject.
The application refers to the name, quality and address of the person concerned, contains the statement of facts and means, and is signed.
The decision to appeal to the disciplinary court is not subject to appeal.
§ 4. If the authority referred to in Article 412, § 1^er, considers that it is not necessary to impose a penalty, or if, within three months of the notification of the initiation of an investigation, no action shall be taken by the authority referred to in section 412, § 1^er, the Public Prosecutor ' s Office to the jurisdiction of the person concerned or, where the person concerned is a member or a member of the personnel of a justice of the peace, the Public Prosecutor ' s Office to the Court of First Instance of the Borough in the territory of which the justice of the peace is located, may, upon requisition, file directly with the Disciplinary Court within 30 days of the notification of the decision or the three-month period.
If, within three months of notification of the initiation of an investigation, the authority referred to in Article 412, § 1^er, where no action is taken by the Public Prosecutor, the first president of the Court of Cassation or the Attorney General near the Court, as the case may be, within the same time limit, may give injunction to the public prosecutor referred to in paragraph 1^er to file with the Disciplinary Court a file concerning a member or a member of the judiciary.
§ 5. The Disciplinary Court may also have recourse brought by the judges concerned against the disguised disciplinary sanctions that they claim to be victims.
§ 6. Where a measure of order referred to in Article 406 is taken, the authority referred to in Article 412, § 1^erwithout delay, the Disciplinary Court shall have before it an application to appear by transmitting a copy of the decision and file.
No later than fifteen days before the date on which the suspension referred to in section 406, the disciplinary court shall inform the authority referred to in section 412, § 1^erthe state of the disciplinary procedure and renders an opinion on the possible extension of the order. "
Art. 24. Section 414 of the same Code, inserted by the Act of 7 July 2002, is replaced by the following:
"Art. 414. The authority referred to in Article 412, § 1^erreceives and reviews disciplinary complaints transmitted directly by individuals or by the Supreme Council of Justice.
In order to be admissible, individual complaints must be submitted in writing, signed and dated. They contain the complainant's complete identity. He joins the evidence he has.
When the complaint is admissible, an investigation is carried out in accordance with Article 413, § 1^erParagraphs 1^er and 2. The complainant is informed in writing of the initiation of the investigation.
The complainant, the person under investigation and witnesses may be heard during the investigation.
The complainant's statements, the person who is the subject of the investigation and witnesses are recorded in a minutes. A copy of the minutes of their statements shall be provided to the persons heard upon request.
A person who is the subject of a complaint may be assisted by the person of his or her choice at the hearing, but may not be represented.
The authority referred to in Article 412, § 1^erinforms the complainant and the person concerned of the proceedings reserved for the complaint.
The authority referred to in Article 412, § 1^erinforms, on a reasoned basis, the advisory and investigation boards of the disciplinary action referred to by the Supreme Council of Justice.
The decision of the authority referred to in Article 412, § 1^er, is final for the complainant.
If the authority referred to in Article 412, § 1^er, did not forward a decision to the complainant or to the person concerned or informed the Supreme Council of Justice within three months of the filing of the complaint, the complainants may address directly to the Public Prosecutor's Office to the jurisdiction of the person concerned for the purpose of bringing the complaint to the disciplinary court if applicable.
Within fifteen days of its referral, the Public Prosecutor's Office in the jurisdiction of which the person concerned applies a request for conclusions to the authority referred to in section 412, § 1^er. The findings are transmitted within 30 days of receipt of the application.
The Public Prosecutor ' s Office makes a reasoned decision on the basis of the information provided to it in the month of this communication. "
Art. 25. In the second part, book II, title V, of the same Code, section VI, inserted by the law of 7 July 2002, becomes a chapter IV entitled "From Disciplinary Procedure".
Art. 26. Section 415 of the Code, last amended by the Act of 25 April 2007, is replaced by the following:
"Art. 415. The disciplinary court shall be seized within six months of the knowledge of the facts by the competent authority to institute disciplinary proceedings.
Disciplinary action is independent of public action and civil action. When the same facts give rise to public action, the six-month period is interrupted until the final court decision is notified. "
Art. 27. Section 416 of the same Code, repealed by the Act of 7 July 2002, is reinstated in the following wording:
"Art. 416. Disciplinary courts instruct the case in public hearings.
The individual may request, prior to the first hearing, the disciplinary court to instruct the case in camera. The court is entitled to this application unless it considers that the general interest is opposed to it.
The decision of the Disciplinary Court to pronounce the closed hearing is not subject to any appeal.
The disciplinary court may also sit in private for all or part of the proceedings in the interest of morality or public order, where the interests of minors or the protection of the privacy of the person prosecuted require it, or to the extent deemed to be strictly necessary by the disciplinary court, where in special circumstances, the advertisement would be likely to infringe the interests of the administration of justice. "
Art. 28. In the second part, Book II, Title V, of the same Code, the title of Chapter IV, replaced by the law of July 7, 2002, is repealed.
Art. 29. Section 417 of the same Code is replaced by the following:
"Art. 417. § 1^er. The Disciplinary Court shall decide on the admissibility of the application and on the need to appoint a examining magistrate in the month of his referral by the authority referred to in Article 412, § 1^er, or by the public ministry, or in the case referred to in article 413, § 1^erparagraph 3, within the month following the transmission of the report and the conclusions.
§ 2. The President of the Disciplinary Court shall designate a magistrate as an instructor among the judges in the Disciplinary Court referred to in section 259sexies/1.
In case of legitimate suspicion, the examining magistrate may be challenged by an act transmitted to the Registry within eight days of the appointment of the examining magistrate. The challenge is ultimately judged by the disciplinary appeal court.
§ 3. The examining magistrate shall conduct any necessary disciplinary action, except for criminal investigation and coercive measures. He may hear witnesses, make confrontations or conduct expertise.
The person concerned may request, by reason of a request to the Registry, access to the disciplinary file and the completion of additional disciplinary proceedings. The examining magistrate shall decide within fifteen days on these requests.
The person concerned may appeal to the Disciplinary Court of Appeal in the event of a decision of the examining magistrate refusing access to the file or the completion of additional disciplinary proceedings, or in the absence of a decision within the time limit provided for in paragraph 2. This remedy is introduced in the forms and deadlines provided for in Article 420, § 2.
The examining magistrate may request access to the criminal file to the Attorney General near the Court of Appeal.
The person concerned is heard during the instruction. She may be assisted or represented by the person of her choice.
The personal appearance of the person concerned may be ordered by the investigating authority.
He's made a record of any hearing. Minutes are signed by the person heard.
The instruction file is made available to the person concerned and to the person who takes it at least ten days before the appearance.
The personal file, including the evaluations, notices issued as part of previous promotions or postulations, complaints and previous disciplinary decisions and sanctions, is attached to the instruction file.
When the examining magistrate considers that his or her instruction has been completed, he shall forward the instruction report to the members of the board, no later than four months after his or her appointment. "
Art. 30. Section 418 of the same Code, replaced by the Act of 7 July 2002, is replaced by the following:
"Art. 418. § 1^er. If the court finds that it is not necessary to appoint a examining magistrate, the person subject to disciplinary proceedings shall be summoned for the hearing before the board within three months of the referral of the court.
When a judge has been charged with instructing the facts, the individual is called to appear before the disciplinary court within two months of the transmission of the investigation report to the members of the board.
§ 2. The summons of the person concerned mentions the facts, the place, the date and time of the hearing, and the composition of the chamber.
In case of legitimate suspicion, a person subject to disciplinary proceedings may challenge the members of the board by an act transmitted to the Registry within eight days of the notification provided for in paragraph 1^er. The challenge is ultimately judged by the disciplinary appeal court.
The investigation report is attached to the disciplinary file. The instruction file is made available to the person concerned and to the person who is the person who is the person in question for the fifteen days preceding the appearance.
The member or member of the judicial staff is in person. He can be assisted by the person of his choice.
The Disciplinary Court shall communicate the case to the Public Prosecutor's Office at the time it closes the proceedings. The notice of the Public Prosecutor's Office is given in writing, unless, due to the circumstances of the case, it is issued orally immediately at the hearing.
§ 3. When a magistrate was charged with instructing the facts, the disciplinary court ruled on the report of the examining magistrate.
The judgment shall be rendered within two months of the first hearing and notified to the head of the body and to the public prosecutor close to the jurisdiction of the person concerned and to the person concerned himself.
In the event of criminal proceedings, the board may, however, override the final court decision.
If the board considers that a magistrate must be revoked from the Public Prosecutor's Office, the Disciplinary Court shall transmit a reasoned proposal to revoke the King.
The King may deviate from the decision of a reasoned proposal to revoke and impose, instead of the competent authority, any other disciplinary penalty referred to in section 405, § 1^er.
The King's decision is notified to the interested party within sixty days of receiving the proposal for revocation.
§ 4. A magistrate who disputes a disciplinary measure disguised as a measure of order made against him by a head of body may appeal against this measure to the disciplinary court within thirty days of the notification of the decision of the head of body. This appeal is not suspensive.
In addition to the identity and quality of the applicant and a copy of the decision under appeal, the signed request contains a statement of facts and means and is signed.
Within ten days of its referral, the board shall send a copy of the request to the head of the body with a request to transmit the administrative file and its conclusions to the head of the body within thirty days.
Copy of the file and the conclusions of the head of body shall be forwarded to the appellant, who may submit additional conclusions within 30 days. Copy of the complementary conclusions is transmitted to the head of body.
The Head of Body and the Claimant shall be summoned to the Chamber within sixty days of the completion of the deadline for the filing of the supplementary findings.
The board may hear the head of the body, the complainant and witnesses.
The board shall render its judgment within thirty days of the date of appearance before the court. "
Art. 31. Section 419 of the same Code, last amended by the Act of 25 April 2007, is replaced by the following:
"Art. 419. In cases where the disciplinary court was seized by the public prosecutor when the authority referred to in section 412, § 1^er, did not transmit a decision to the complainant or to the interested party or did not inform the Supreme Council of Justice within four months of the filing of the complaint, the disciplinary court may either:
(a) if he finds that the investigation of the head of body is not yet open, is still in progress or is not complete, invite the head of body to complete the investigation within a period that he determines, or request the appointment of a magistrate to investigate the complaint;
(b) Deny, where appropriate after investigation, a complaint;
(c) if applicable after instruction, call the person concerned to appear on the date that he or she sets.
The disciplinary court judgment is final for the complainant. "
Art. 32. Section 420 of the same Code, replaced by the Act of 7 July 2002, is replaced by the following:
"Art. 420. § 1^er. With the exception of the revocation of the magistrates of the Public Prosecutor's Office, the appeal against the major disciplinary penalties referred to in section 405 and against the measures referred to in sections 407 and 408 is brought before the Disciplinary Appeals Tribunal within 30 days of the notification of the signed and substantiated decision to the Registry.
The appeal suspends the immediate execution of the disciplinary penalty.
The appellant is called to appear within 30 days of the filing of the appeal to the Registry.
The summons of the interested person mentions the place, date and time of the hearing, and the composition of the board.
In case of legitimate suspicion, a person subject to disciplinary proceedings may challenge the members of the board by an act transmitted to the Registry within eight days of the notification provided for in paragraph 4. The recusal is ultimately judged by the Court of Cassation.
The Public Prosecutor's Office at the Disciplinary Court, the authority referred to in section 412, § 1^er, and the Public Prosecutor ' s Office in the jurisdiction of the person concerned may also appeal against the sanction or absence of a sanction decided by the disciplinary court.
The decision of the Disciplinary Appeals Tribunal shall be notified to the person concerned, the head of the body, to the Public Prosecutor's Office, to the jurisdiction of the person concerned, or, where the person concerned is a member or a member of the personnel of a justice of the peace, to the Public Prosecutor's Office at the Court of First Instance of the Borough in the territory of which the justice of the peace is located, to the Minister of Justice and to the disciplinary court within sixty days after the filing.
§ 2. An appeal against a measure referred to in section 406 or the absence of such a measure shall be brought before the Disciplinary Appeals Tribunal, within ten days of the notification of the decision, by the suspended person or the Public Prosecutor's Office to the jurisdiction of the person concerned.
The appeal against a measure or the absence of a measure referred to in section 406 is not suspensive.
The appellant is summoned to the Disciplinary Appeals Tribunal within fifteen days of filing the application for appeal to the Registry.
An appeal may be lodged in the month by the head of the body against the judgment of the disciplinary tribunal which annuls a disciplinary measure disguised as a measure of order.
The decision of the disciplinary appeal court shall be notified to the person concerned, to the authority referred to in section 412, § 1^er, to the Public Prosecutor's Office near the jurisdiction of the person concerned or, where the person concerned is a member or a member of the staff of a justice of the peace, to the Public Prosecutor's Office at the Court of First Instance of the Borough in whose territory the justice of the peace is located, the Minister of Justice and the Disciplinary Court within seven days of the closure of the proceedings.
§ 3. The appeal of the person concerned or the Public Prosecutor's Office to the jurisdiction of which he or she is brought or, where the person concerned is a member of a justice of the peace or of his or her staff, the Public Prosecutor's Office to the Court of First Instance in the territory of which the justice of the peace is located, against a disciplinary decision by the authority referred to in section 412, § 1^er, is brought before the disciplinary appeal court within ten days of the notification referred to in article 413, § 2, paragraph 1^erby signed and motivated request addressed to the Registry.
The appeal is not suspensive.
The person concerned shall be summoned to the disciplinary court within fifteen days of the filing of the application for appeal to the court.
The final judgment is rendered by the disciplinary court within seven days of the closing of the proceedings. He is not likely to appeal.
The judgment of the disciplinary court shall be notified to the person concerned, to the authority referred to in Article 412, § 1^er, and to the Public Prosecutor's Office in the jurisdiction of the person concerned or, where the person concerned is a member or a member of the staff of a justice of the peace, to the Public Prosecutor's Office at the Court of First Instance of the Borough in whose territory the justice of the peace is located, and to the Minister of Justice. "
Art. 33. Section 421 of the same Code, replaced by the Act of 7 July 2002, is replaced by the following:
"Art. 421. ÷ the exception of the penalties provided for in Article 405, § 1^er, 5° and 6°, the suppression of disciplinary penalties is done ex officio after:
1° 3 years for minor penalties;
Two or six years for major penalties.
Clearance is for the future. "
Art. 34. Section 422 of the same Code, replaced by the Act of 7 July 2002, is replaced by the following:
"Art. 422. A person who has been sanctioned by a disciplinary penalty may apply for a review to the disciplinary court, provided that he or she justifies a new element.
The data subject attached to the application a full report on the grounds and evidence it may make in order to obtain a review of the judgment or judgment. The disciplinary court may declare the request of the person concerned inadmissible for lack of reasons or evidence without prior hearing from the person concerned.
In case of revocation, the Disciplinary Court shall transmit a notice to the King. "
Art. 35. Section 423 of the same Code, replaced by the Act of 7 July 2002, is replaced by the following:
“Art. 423. Disciplinary courts prepare an annual report of activities respecting the anonymity of the persons concerned. The report is transmitted to the Superior Council of Justice, the House of Representatives and the Senate. Decisions rendered by disciplinary courts shall be communicated to the Minister of Justice upon notification. "
Art. 36. Sections 424 to 427 of the same Code, as amended by the Act of 7 July 2002, are repealed.
Art. 37. In the second part, Book II, Title V, of the same Code, Chapter V containing articles 427bis to 427quater, inserted by the law of 7 May 1999 and amended by the law of 7 July 2002, is repealed.
Art. 38. In Article 770, § 5, paragraph 2, of the same Code, replaced by the Act of 26 April 2007, the words "major penalty of 1^er degree are replaced by the words "treatment restraint".
CHAPTER 3. - Transitional provision and entry into force
Art. 39. Disciplinary authorities referred to in section 412, § 2, former of the Judicial Code, shall remain competent for the proceedings in which the National Disciplinary Council rendered a notice on the date of full entry into force of this Act.
The authorities referred to in section 410 former of the same Code shall immediately enter the disciplinary tribunal of the current disciplinary proceedings not referred to in paragraph 1^er.
Any authority who has issued a measure of order referred to in section 406 of the same Code, which is currently in effect at the time of the full coming into force of this Act, shall file with the Disciplinary Court a request for appearance by transmitting a copy of the decision and file.
The renewal of the measures of order issued prior to the full entry into force of this Act remains subject to former section 406 of the same Code. The appeal against these orders is brought before the disciplinary appeal court.
Where applicable, the appeal against the decisions rendered on the basis of sections 405 and 406 of the same Code before the full entry into force of this Act is brought by the interested party or by the Public Prosecutor's Office to the disciplinary appeal court within the unexpired period referred to in section 425 of the former.
Judges and staff appointed in the National Disciplinary Council shall, at their request, be appointed to serve in disciplinary courts as an assessor. They are in addition to persons designated on the basis of section 18.
Section 33 applies to disciplinary sanctions imposed after its entry into force.
Art. 40. With the exception of this section, the date of entry into force of each of the provisions of this Act is fixed by the King. At the latest, it will come into force on 1^er September 2014.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 July 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) 2010-2011 session.
Senate.
Documents. - Proposal by Mr. Delpéré et al., 5-1067 - No. 1. - Amendments, 5-1067 - No. 2.
Session 2011-2012.
Senate.
Documents. - Amendments, 5-1067 - No. 3. - Opinion of the Council of State, 5-1067 - No. 4.
Session 2012-2013.
Senate.
Documents. - Amendments, 5-1067 - n^bones 5 to 7. - Report, 5-1067 - No. 8. - Text adopted by the commission, 5-1067 - No. 9. - Amendments, 5-1067 - No. 10.
Annales of the Senate. - 2 May 2013.
House of Representatives.
Documents. - Project transmitted by the Senate, 53-2790 - No. 1. - Amendments, 53-2790 - No. 2-4. - Report, 53-2790 - No. 5. - Text adopted by the commission. No. 6: Text amended by the House of Representatives and referred to the Senate, 53-2790 - No. 7.
Full report. - 19 and 20 June 2013.
Senate.
Documents. - Project amended by the House of Representatives and referred to the Senate, 5-1067 - No. 11. - Report, 5-1067 - No. 12. - Text adopted in plenary and subject to Royal Assent, 5-1067 - No. 13.
Annales of the Senate. - 4 July 2013.