An Act To Amend The Provisions Of The Judicial Code Relating To Discipline (1)

Original Language Title: Loi modifiant les dispositions du Code judiciaire relatives à la discipline (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009362&caller=list&article_lang=F&row_id=1100&numero=1192&pub_date=2013-07-25&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-25 Numac: 2013009362 FEDERAL JUSTICE PUBLIC SERVICE July 15, 2013. -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 have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art. 2. in article 58 of the Judicial Code, amended by the Act of April 10, 2003, the words 'of the disciplinary tribunal"are inserted between the words"of the tribunal of commerce", and the words" Court of appeal"and the words", of the disciplinary court of appeal ' shall be inserted between the words "of the Court of Assizes" and the words "and of the Court of Cassation.
S. 3. article 58A of the same Code, as last amended by the Act of 13 June 2006, is supplemented by a 5 ° as follows: "5 ° mandate in the disciplinary courts: the mandates of the disciplinary tribunal judge and Adviser to the disciplinary court of appeal.".
S.
4. in the same Code, it is inserted an article 259sexies/1 as follows: «art.» 259sexies/1.
The disciplinary tribunal judges and advisors to the disciplinary court of appeal are appointed from among the judges who exercised for at least ten years a magistrate of the Crown or the seat function and which have never undergone disciplinary penalty, unless it has been cleared.
The disciplinary tribunal judges are appointed by the General Assemblies of the courts of first instance for a non-renewable term of seven years among the candidates who were the subject of a reasoned proposal of the commanding officer.
Advisors to the disciplinary court of appeal are appointed by the General Assemblies of the courts of appeal for a non-renewable term of seven years among the candidates who were the subject of a reasoned proposal of the commanding officer.
The King sets the quota of judges who may sit on the disciplinary tribunal and advisors who can serve on the disciplinary appeal tribunal.
The chefs de corps and members of the Higher Council of Justice may not be appointed to serve on the disciplinary courts.
The mandate of the disciplinary tribunal judge and Adviser to the disciplinary appeals tribunal ends when the person concerned accept a mission referred to in articles 308, 323bis, 327, and 327bis. The term expires automatically when a disciplinary sanction is imposed. ».
S. 5. in article 287sexies, paragraph 1, of the same Code, inserted by the Act of April 25, 2007, the words "judge to the disciplinary tribunal, Advisor to the disciplinary court of appeal", are inserted between the words "of magistrate of assistance", and the words ' federal judge. "
S. 6. article 288 of the Code, as last amended by the Act of April 25, 2007, is supplemented by a paragraph worded as follows: ' the reception of consultants and advisers assessors to the disciplinary tribunal of appeal and judges and judges assessors to the disciplinary tribunal is done before one of the Chambers of the Court of appeal in the jurisdiction of which the disciplinary tribunal is established. presided over by the first president or by counsel that replaces it, or before the Board of the vacations. ».
S. 7. in article 341 of the Code, as last amended by the Act of 18 December 2006, § 4 is repealed.
S. 8. article 405 of the Code, replaced by the law of July 7, 2002, is replaced by the following: «art.» 405 § 1. The minor disciplinary penalties applicable to members and members of the staff of the judicial order are: 1 ° the call to order;
2 ° the blame.
The major disciplinary penalties applicable to members and members of the staff of the judicial order are: 1 ° the withholding of treatment;
2 ° the disciplinary suspension;
3 ° the wage scale regression or loss of the last supplement of treatment;
4 ° the demotion or removal of mandate referred to in article 58A;
5 ° the resignation of office;
6 ° the dismissal or revocation.
§ 2. The withholding of treatment applies for at least fifteen days and a year at most and cannot be greater than that laid down in article 23, paragraph 2, of the Act of 12 April 1965 on the protection of workers compensation.
§ 3. Disciplinary suspension is imposed for a period of one month at least and one year at the most.
The disciplinary suspension entails a loss of 20% of the gross salary for its duration.
During periods of disciplinary suspension, the person concerned cannot enforce its securities to the promotion or advancement in its salary scale.
§ 4. The wage scale regression consists of the allocation: 1 ° to a lower salary scale in the same grade or in the same class;
2 ° of a rank of the same level with a lower salary range.

§ 5. Demotion is the assignment of a grade of a lower level or lower class.
The staff member ranks in this new grade or in this new class on the date to which the assignment produces its effects.
§ 6. In addition to the loss of the current mandate, the withdrawal of the mandate referred to in article 58bis has for consequence that the person concerned cannot longer stand for a warrant under this section except in the cases of deletion or review referred to in articles 421 and 422.
The withdrawal of the mandate of Chief of corps involves the loss of the continuation of the treatment referred to in article 102, § 1, paragraph 3, of the Act of 22 December 1998 amending certain provisions of the second part of the Code of judicial procedure concerning the Supreme Council of Justice, the appointment and designation of judges and introducing an evaluation system for judges and article 18 of the Act of 18 December 2006 amending articles 80 , 259quater, 259quinquies, 259nonies, 259decies, 259undecies, 323bis, 340, 341, 346-359 of the Judicial Code, restoring the article 324 and amending articles 43 and 43quater of the Act of 15 June 1935 concerning the use of languages in judicial matters.
§ 7. The resignation of office is losing the quality of Member of the judiciary or member of staff of grafts and the secretariats of parquet.
§ 8. Dismissal and revocation are losing the quality of Member of the judiciary or member of staff of grafts and the secretariats of parquet and result in the loss of superannuation.
§ 9. Impeachment and removal outweigh the prohibition to exercise again to functions within the judiciary.
Except the callback to the order and blame, a disciplinary sanction carries the ban to stand the High Council of Justice, except in the cases of deletion or review referred to in articles 421 and 422.
§ 10. The disciplinary court may suspend the imposition of the sanction and stay the execution of the penalty as she speaks, if any subject to the special conditions laid down.
».
S. 9. article 405ter of the Code, inserted by the Act of July 7, 2002, is replaced by the following: «art.» 405ter. the authority referred to in article 412, §§ 1 and 2, shall immediately notify the King or the Minister of Justice that the Disciplinary Tribunal. ».
S. 10. in article 405quater, of the same Code, inserted by the Act of July 7, 2002, 'hangs' shall be replaced by the words 'may be suspended '.
S. 11A article 406, § 1, of the same Code, replaced by the Act of July 7, 2002, the following changes are made: 1 ° paragraph 2 is replaced by the following: "the measure of order is issued by the authority referred to in section 412, § 1st, for more than three months and may be extended for periods of three months or less until the final decision.. It may result in a deduction of 20% of the gross salary. The public prosecutor may seize or seized at the behest of the Minister of Justice the authority referred to in section 412, § 1, of an application for suspension in the interests of the service. »;
2 ° paragraph 3 is replaced by the following: 'any measure or extension cannot be imposed unless the person concerned has been heard or duly called or, when his hearing is impossible, without that it could enforce its means of defence in writing or be represented.';
3 ° the § is supplemented by the following paragraphs: "the convening is awarded to the person concerned against acknowledgement of receipt or by registered delivery containing a statement of the alleged facts, the place and the time limit for consultation of the file, and the place and date of appearance.
The decision of the authority referred to in section 412, § 1, shall be notified against acknowledgement of receipt or by registered delivery to the person concerned and the public prosecutor within five days of the hearing of the person concerned or the date fixed for the hearing or the delivery of defence in writing.
The notification mentions the right to lodge an appeal, the time limit and forms comply with.
The decision is enforceable immediately. ».
S. 12. in article 407 of the same Code replaced by Act of April 25, 2007, "of the authority competent to decide to suspend" shall be replaced by the words "of the disciplinary tribunal.
S. 13. in the second part, book II, title V, of the same Code, the title of section Ire, replaced by the law of July 7, 2002, is replaced by the following: 'of the disciplinary courts.
S. 14. article 409 of the same Code, as last amended by the Act of April 25, 2007, is replaced by the following: «art.» 409. § 1. There is a tribunal for the Belgium

disciplinary French-language and a disciplinary tribunal of Dutch language. non-permanent, relevant to members and members of the staff of the judiciary.
In the Court of French-language rooms, consisting of at least a judge justifying of the knowledge of the German language, knows matters to members and to the staff of the judicial order of German language.
If you are unable to appoint a magistrate justifying knowledge of the German language in the French court, the procedure takes place in French-language. ÷ the request of the person concerned, the Court may order that a translator be appealed; translation costs are in charge of the Treasury. The judgment is translated into German.
The French court sits in Namur. The Dutch court sits in Ghent. Inventoried disciplinary records and a copy of the personal file of the person concerned are respectively addressed to the registry of the Court of first instance of Namur and Gent.
The functions of the public prosecutor the disciplinary court are exercised by the Crown Procurator at the Court of first instance at the Headquarters from which the disciplinary tribunal holds its hearings.
The Clerk to the disciplinary tribunal functions are exercised by a clerk of the Court of first instance at the Headquarters from which the disciplinary tribunal holds its hearings. It is designated by the Chief Registrar.
§ 2. When they are called to pronounce about an another judge, a magistrate of the Court of Cassation, the disciplinary tribunal chambers are composed of two judges to the disciplinary tribunal and a resulting assessor of a Court of the same level as that which is from the person being prosecuted. A President of a Council of the order is whenever Deputy with advisory voice.
When they are called to take action regarding a magistrate to the Crown other than a magistrate at the Court of cassation, the disciplinary court rooms are composed of two judges to the disciplinary tribunal and an assessor appointed from among the magistrates of the public prosecutor at the same level as the person being prosecuted. A President of a Council of the order is whenever Deputy with advisory voice.
When the disciplinary procedure is a member of the judicial personnel, they are composed of two judges to the disciplinary tribunal and an assessor designated among the assessors appointed by the Minister of Justice and a level at least equal to that of the subject of the disciplinary proceedings. A President of a Council of the order is whenever Deputy with advisory voice.
The Bâtonnier is designated by order of the French-speaking and German-speaking bars or by Orde van Vlaamse Balies, at the written request of the Chairman of the disciplinary tribunal.

§ 3. When they are called to pronounce about or magistrate at the Court of cassation, the disciplinary court rooms are composed of two judges to the disciplinary tribunal and an assessor designated in accordance with article 411, § 6.
A President of a Council of the order is whenever Deputy with advisory voice. It is designated according to the procedure referred to in § 2, paragraph 4. ».
S. 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.
S. 16. article 410 of the Code, as last amended by the Act of April 25, 2007, is replaced by the following: «art.» 410 § 1. There for the Belgium francophone appeal disciplinary tribunal and a Dutch appellate disciplinary tribunal non-permanent.
The disciplinary tribunal of appeal for French seat in Brussels. The disciplinary tribunal of appeal of Dutch seat in Brussels. Disciplinary files are sent to the registry of the Court of appeal.
The functions of the public prosecutor the disciplinary court of appeal are exercised by the Attorney general at the Court of appeal at the headquarters which the disciplinary appeal tribunal holds its hearings.
The duties of Registrar to the disciplinary court of appeal are carried out by a clerk of the Court of appeal at Headquarters which the disciplinary appeal tribunal holds its hearings. It is designated by the Chief Registrar.
Within the court disciplinary appeal of French language, a Chamber, consisting of at least a judge evidence of knowledge of the German language, knows matters to members and members of staff of the German judiciary.
If you are unable to establish a Chamber composed of a magistrate justifying knowledge of the German language, the procedure takes place in French. ÷ the request of the person concerned, the Court may order that a translator be appealed; translation costs are in charge of the Treasury. The stop is translated into German.
§ 2. When they are called upon to take a decision about a judge other than a judge of the Court of cassation, the disciplinary appeal tribunal rooms are composed of two advisers to the disciplinary court of appeal and an Advisor assessor of a Court of the same level as that which is from the person being prosecuted. A President of a Council of the order is whenever Deputy with advisory voice.
When they are called to take action regarding a magistrate to the Crown other than a magistrate at the Court of cassation, the disciplinary appeal tribunal rooms are composed of two advisers to the disciplinary court of appeal and an Advisor assessor appointed from among the magistrates of the public prosecutor at the same level as the person being prosecuted. A President of a Council of the order is whenever Deputy with advisory voice.
When the disciplinary procedure is a member of the judicial personnel, rooms at the disciplinary court of appeal are composed of two advisers to the disciplinary court of appeal, and an Advisor assessor designated among the assessors appointed by the Minister of Justice and a level at least equal to that of the subject of the disciplinary proceedings. A President of a Council of the order is whenever Deputy with advisory voice.
The Bâtonnier is designated by order of the French-speaking and German-speaking bars or by Orde van Vlaamse Balies, at the written request of the Chairman of the disciplinary court of appeal.
§ 3. When they are called to take action regarding a magistrate or near the Court of Cassation, the disciplinary appeal tribunal rooms are composed of two advisers to the disciplinary court of appeal and an Advisor assessor designated in accordance with article 411, § 6, paragraph 1 or 2, as the case may be.
A President of a Council of the order is whenever Deputy with advisory voice. It is designated according to the procedure referred to in § 2, paragraph 4. ».
S. 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.
S.
18. article 411 of the same Code, replaced by the law of July 7, 2002, is replaced by the following: «art.» 411 § 1. Members of the disciplinary tribunal and the disciplinary court of appeal assessors are appointed for a non-renewable period of five years.
The chefs de corps and members of the Higher Council of Justice may not be appointed to serve on the disciplinary courts.
The duties of assessors of the disciplinary courts members cease to hold office when a disciplinary penalty is imposed to them.
The warrant of a magistrate appointed as assessor to the disciplinary tribunal or disciplinary appeal tribunal ends when the person concerned accept a mission referred to in articles 308, 323bis, 327, and 327bis.

§ 2. Assessors of the disciplinary courts appointed among actual or accepted career judges retired and judicial level staff and (b).
The candidate must, to be designated member assessor of the disciplinary courts, ten years of service in the judiciary, including five years respectively in the function of judge, magistrate of the public prosecutor or member of the staff of level A or B, and had no disciplinary penalty.
Assessors candidates addressed respectively apply to their General Assembly, their body or the Minister of Justice within thirty days of the call for candidates published in the Moniteur belge.
§ 3. The judges likely to sit as Member assessor in the disciplinary courts are selected by their General Assembly in 60 days after the call for candidates published in the Moniteur belge. The magistrates of the public prosecutor likely to serve as assessor in the disciplinary courts are selected by their body Assembly, in the same timeframe.
In each jurisdiction of Court of appeal, the presidents of the courts of first instance, trade and labour, and the president of the General Assembly of justices of the peace and judges to the tribunal de police shall jointly designate, among the candidates selected by the general assemblies, four members of these courts that can serve as assessor in the disciplinary tribunal or as assessor in the disciplinary court of appeal. In the jurisdiction of the Court of appeal of Brussels, four francophone judges and four Dutch judges are appointed in the same way.
The designations are motivated.
In

each jurisdiction of Court of appeal, the presidents of the courts of appeal and labour shall jointly designate, among the candidates selected by the general assemblies, three members of these courts to serve as assessor to the disciplinary tribunal of appeal or as assessor to the disciplinary tribunal.
In the jurisdiction of the Court of appeal of Brussels, three francophones advisors and three Dutch-speaking advisors are designated jointly 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 jurisdiction of Court of appeal, counsel for the King and labor Auditors shall jointly designate, among the applicants selected by the body assemblies, three prosecutors of the public prosecutor of the King or the auditor's office's work to serve as assessor to the disciplinary tribunal or disciplinary appeal tribunal or which may exercise the powers of the Crown.
In the jurisdiction of the Court of appeal of Brussels, three French-speaking judges and three Dutch-speaking judges are appointed jointly by Crown attorneys and Auditors in the work.
The designations are motivated.
The Attorney general about the Supreme Court, the Attorneys General and federal prosecutor shall jointly, designate among the applicants selected by the assemblies of body, the six members of the francophone General procuratorates and the six members of the Dutch-speaking General procuratorates likely to serve as assessor to the disciplinary tribunal or to the disciplinary court of appeal, or to exercise the powers of the Crown.
The designations are motivated.

§ 5. By spring of Court of appeal, two members of staff and two members of staff at B level likely to serve as assessor to the disciplinary tribunal or disciplinary appeal tribunal are appointed by the Minister of Justice within ninety days of the call for candidates, with the assent of their superior hierarchical. The Minister of Justice shall request the opinion of the superior hierarchical candidate within ten days of receipt of the application. Opinions are forwarded to the Minister of Justice within sixty days of the call for candidates.
Two staff members of a level, two members of the staff of a Dutch-language level, two members of staff at level B French-speaking and two Dutch-speaking level B staff members francophones are referred to the jurisdiction of the Court of appeal of Brussels.
§ 6. The first president of the Court of Cassation means three judges distinguished which are standing as candidates to sit in the cases referred to in articles 409, § 3, paragraph 1, and 410, § 3, paragraph 1.
The Attorney general about the Court of Cassation means three fellows of the Prosecutor who are standing as candidates to sit in the cases referred to in articles 409, § 3, paragraph 1, and 410, § 3, paragraph 1.
§ 7. The list of members appointed to perform duties in the disciplinary courts is published in the Moniteur belge in hundred days of the call for candidates. ».
S. 19. in the same Code, it is inserted an article 411/1 as follows: «art.» 411/1. The disciplinary tribunal and the disciplinary court of appeal are chaired respectively by the judge and counsel with the most seniority and nominated to serve in these disciplinary courts.
The designation of the members of these disciplinary courts, with the exception of the Member in an advisory, takes place September 1st of each year according to a tour of role defined by the judge or the Adviser referred to in paragraph 1.
When a file is sent to the registry of the disciplinary court, it is made in five days by the president of the disciplinary tribunal or by the Chairman of the disciplinary court of appeal with the most seniority, as appropriate.
With the exception of the cases referred to in articles 409, § 3, paragraph 1, 410, § 3, paragraph 1, and 411, § 6, the members that make up the jurisdiction cannot be appointed or delegated jurisdiction, a wooden floor, a registry or parquet secretariat or support service of the same jurisdiction that the person subject to disciplinary proceedings and cannot have hierarchical with the person concerned link.
».
S. 20. in the second part, book II, title V, of the same Code, the title of section IV, replaced by the law of 7 July 2002, which became section II, is replaced by the following: 'of the disciplinary authorities.
S. 21. article 412 of the Code, as last amended by the Act of April 25, 2007, is replaced by the following: «art.» 412. § 1.
The competent authorities to institute disciplinary proceedings are: 1 ° as regards the judiciary, except near the Court of Cassation judges: has) the first president of the Court of Cassation against the presidents of courts of appeal and the first presidents of the course of the work;
(b) the first President of the Court of appeal in respect of the members of this Court, the presidents of the courts of first instance and of the presidents of the commercial courts, judges of complement to the Court of first instance and justices of the supplement to the commercial court of the jurisdiction;
(c) the first President of the Labour Court against the members of this Court, including social advisors, as well as the presidents of the labour courts and judges of complement in the tribunal du travail of the jurisdiction;
(d) the president of the Court of first instance against the members of this tribunal, including assessors in enforcement of sentences, justices of the peace, judges at the tribunal de police, as well as for justices of the peace to supplement and complement to the police court judges
e) the president of the tribunal de commerce against the members of this Court, including lay judges;
f) the president of the Labour Court against the members of this Court, including social judges;
2 ° in relation to the magistrates of the Crown, except near the Court of Cassation judges: a) the Attorney general at the Court of Cassation against attorneys general the courts of appeal and the federal prosecutor;
(b) the Attorney general at the Court of appeal to members of the public prosecutor the Court of appeal, members of the auditor's general office at the Court of labour, prosecutors of the King, of labor Auditors, substitutes for the Attorney of the King of supplement and substitutes for the listener to complement work;
c) counsel for the King to members of the Prosecutor's office of the Prosecutor of the King, and the auditor of the work to the members of the auditor's office's work;
(d) the federal prosecutor against the Federal judiciary);
(e) in respect of judges to assistance and youth liaison magistrates, the disciplinary authority for the function to which they have been appointed;
3 ° in relation to the magistrates of the Supreme Court: a) the General Assembly of the Court of Cassation against the first president of the Court of Cassation;
(b) the first President of the Court of Cassation with respect to judges at the seat of the Court of Cassation;
(c) the Minister of Justice with respect to the Attorney general at the Court of Cassation;
(d) the public prosecutor at the Court of Cassation with respect to the first general counsel and general counsel about the Court of Cassation);
4 ° in relation to the referendum about the Court of Cassation: has) the first president of the Court of Cassation against the referendum who assist advisors;
b) the Attorney general about the Court of Cassation against the referendum who assist members of the public prosecutor;
5 ° in relation to the referendum and prosecution lawyers: has) the first President of the Court of appeal with respect to the referendum closely this Court;
(b) the first President of the Court of labour against the referendum closely this Court;
c) the president of the Court of first instance against the referendum at this Court.
d) the president of the Court of the work with respect to the referendum at this Court.
e) the president of the tribunal de commerce with respect to the referendum at this Court.
(f) the judge the oldest police court with respect to the referendum this tribunal;
(g) the Attorney general at the Court of appeal against prosecution lawyers near the general prosecutor's office and the general prosecutor's office of labour;
(h) the King's Attorney for prosecution lawyers near the Prosecutor's office of the Court of first instance);
(i) the auditor of the work with respect to prosecution lawyers about the auditor's office's work);
(j) the federal prosecutor against prosecution lawyers near the federal prosecution);
6 ° in relation to the fasteners in the service documentation and concordance of the texts from the Court of Cassation: the Attorney general at this Court.
7 with regard to members of staff at A level, the clerks, Secretaries and staff of the registries, secretariats of parquet and support services: a) the first president of the Court of Cassation against the clerk in head of the Cour de Cassation, and the Attorney general at the Court of Cassation against the Chief of the prosecutor general's office near the Court of Cassation Secretary;
(b) the first President of the Court of appeal and the Labour Court to the Chief Registrar of the Court of appeal and the Court of labour, and the Attorney general at the Court of appeal with respect to the Chief Secretary of the public prosecutor at the Court of appeal and the Court of labour,

as well as members of staff about these courses, almost general floors and almost general audits;
(c) the federal prosecutor against the Chief Secretary and the staff of level A of the federal prosecution;
d) the president of the Court of first instance against that Court Chief Clerk, of the head of the police Court Registrar, Clerk Chief justice of the peace, and the Prosecutor of the King against the Chief Secretary of the Prosecutor's office of the Prosecutor of the King and members of staff of a level of these courts and prosecution services;
(e) the president of the tribunal of commerce with respect to the Chief Clerk of the commercial court, and the Prosecutor of the King for the staff of level A the Court of commerce.
(f) the president of the Labour Court against the head of the Labour Court Registrar), and the auditor of the work with respect to the Chief Secretary of the Prosecutor's office of labour and the level of these courts and prosecution services staff;
(g) the magistrate commanding officer of the Court or Prosecutor against members of support services;
h) clerk in Chief against clerks-managers, clerks, experts, administrative experts and ICT experts, assistants and collaborators at the registry;
(i) the Chief Secretary on Secretaries-managers, Secretaries, experts, administrative experts and ICT experts, assistants and staff of secretariat near the Prosecutor's office.
Alternate magistrates fall under the same authority as the actual judges. Members and members of the staff delegates within a jurisdiction, parquet floors, a registry, a secretariat of parquet or a support service are the same authority as those who are appointed.
Members and members of the staff delegated outside the Belgian judiciary under the authority referred to in paragraph 1.
§ 2. A disciplinary procedure may still be brought at the request of the Crown near the jurisdiction which is from 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 at the Court of first instance of the district on the territory of which lies this justice of the peace.
The first president of the Court of appeal and the first president of the Labour Court can give an injunction the Crown referred to in paragraph 1 of the disciplinary tribunal of a dossier on a judge of the Crown. ».
S.
22. in the second part, book II, section V, of the Code, the title of section V, inserted by the Act of July 7, 2002, is repealed.
S. 23. article 413 of the Code inserted by the law of 7 July 2002 and amended by the Act of April 25, 2007, is replaced by the following: «art.»
413 § 1. The matters referred to in section 404 are subject to an investigation by a magistrate designated by the authority referred to in section 412, § 1.
The initiation of an investigation shall be notified without delay to the person concerned.
The investigation may not last more than three months. If, within a period of three months from the date of the notification of the initiation of an investigation, no suite there is given by the authority referred to in section 412, § 1st, which has taken the initiative of this investigation, the person concerned can apply to the disciplinary court by registered mail, which overrides this authority. Within fifteen days of the referral, the disciplinary tribunal addressed to the authority referred to in section 412, § 1, a request for report and conclusions. The report and conclusions are forwarded within thirty days of the receipt of the request.
§ 2. The authority referred to in section 412, § 1, which finds, after investigation, that the facts are such as to justify a minor disciplinary punishment, is competent to impose it on the person concerned. The decision shall be notified without delay against receipt of dated receipt or by sending recommended to the person concerned, the public prosecutor about the jurisdiction which 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 at the Court of first instance of the district on the territory of which lies this justice of peace and the Minister of Justice.
The person concerned and the public prosecutor close the jurisdiction which is from 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 at the Court of first instance of the district on the territory of which lies this justice of the peace, may introduce, in the forms and time limits laid down in article 420 , § 3, an appeal to the disciplinary tribunal against disciplinary decisions taken by the authority referred to in section 412, § 1.
§ 3. The authority referred to in section 412, § 1st, which finds, after investigation, that the facts are such as to justify a major disciplinary sentence, captures the disciplinary tribunal and passes it, for the purpose of convening, the record of survey, the report and the conclusions. It shall inform the person concerned.
The request for appearance mentions the name, capacity and address of the person concerned, contain a statement of the facts and means, and is signed.
The decision of the Disciplinary Tribunal is not subject to appeal.
§ 4. If the authority referred to in section 412, § 1, considers should not inflict punishment, or if, within a period of three months from the date of the notification of the initiation of an investigation No suite there is given by the authority referred to in section 412, § 1, the public prosecutor's Office near the Court which the person concerned or, where the person concerned is a member or a member of the staff of a justice of the peace the public prosecutor at the Court of first instance of the district on the territory of which this justice of the peace, is located may, on request, enter directly the disciplinary court in 30 days respectively after the notification of the decision or the flow of the period of three months.
If, within a period of three months from the date of the notification of the initiation of an investigation, the authority referred to article 412, § 1, or the Crown gave no further, the first president of the Supreme Court or the Attorney general about this Court, as the case may be, may, within the same timeframe, give an injunction the Crown referred to in paragraph 1 of the disciplinary tribunal of a dossier on a member or a member of the staff of the judiciary.

§ 5. The disciplinary tribunal may also be seized of the appeals lodged by the judges concerned against the disguised disciplinary sanctions which they consider themselves victims.
§
6. When a measure of order referred to in article 406 is taken, the authority referred to in section 412, § 1, seizes without delay the disciplinary court of appearance by submitting a copy of the decision and the folder.
No later than fifteen days before the day on which expires the suspension referred to in article 406, the disciplinary tribunal shall notify the authority referred to in section 412, § 1, of the State of the disciplinary procedure and shall give an opinion on the possible extension of the measure. ».
S. 24. article 414 of the Code inserted by the Act of July 7, 2002, is replaced by the following: «art.» 414. the authority referred to in section 412, § 1, receives and examines complaints to disciplinary character transmitted directly by individuals or by the Superior Council of Justice.
To be admissible, the individual complaints should be lodged in writing, signed and dated.
They contain the full identity of the complainant. It joined the documentary evidence available to it.
If the complaint is admissible, an investigation is carried out in accordance with article 413, § 1, paragraphs 1 and 2. The complainant is informed in writing of the initiation of the investigation.
The complainant, the person being investigated and witnesses can be heard during the investigation.
The statements by the complainant, the person who is the subject of the investigation and witnesses are recorded in minutes. Heard people receive, at their request, a copy of the minutes of their statements.
The person who is the subject of a complaint may be assisted by the person of his choice at the hearing, but may not be represented.
The authority referred to in section 412, § 1, shall inform the complainant and the person concerned for follow-up to the complaint.
The authority referred to in section 412, § 1, informed reasoned way the commissions opinion and investigation of the outcome of complaints to disciplinary character transmitted by the Supreme Council of Justice.
The decision of the authority referred to in section 412, § 1, is final for the complainant.
If the authority referred to in section 412, § 1, has not submitted for decision to the complainant or the person concerned or informed the Higher Council of Justice within a period of three months from the date of the filing of the complaint, they may apply directly to the Crown about the jurisdiction which is from the person concerned for the purposes of the disciplinary tribunal if there is place.
Within fifteen days of referral, the Crown near the jurisdiction which is from the person sending a request for findings to the authority referred to in section 412, § 1.
The findings are forwarded within thirty days of the receipt of the request.
The Crown takes a reasoned decision on the basis of the elements which communicated to it within one month of this communication. ».

S. 25. in the second part, book II, title V, of the Code, section VI, inserted by the law of 7 July 2002, becomes a chapter IV entitled: "of the disciplinary procedure.
S. 26. article 415 of the Code, as last amended by the Act of April 25, 2007, is replaced by the following: «art.» 415. the disciplinary tribunal within six months of the knowledge of the facts by the competent authority to initiate disciplinary proceedings.
The disciplinary action is independent of public action and civil action.
When the same facts give rise to a public action, the six month time limit is interrupted until the notification of the final judicial decision. ».
S. 27. article 416 of the Code, repealed by the Act of July 7, 2002, is restored in the following wording: «art.» 416. the disciplinary courts instruct the case in a public hearing.
The person concerned may request, and, since before the first hearing, the disciplinary tribunal to investigate the matter in camera. The tribunal granted this request, unless it considers that the general interest is opposed.
The decision of the disciplinary rule or the camera tribunal is likely to no remedy.
The disciplinary tribunal may also sit in camera for the whole or a part of the procedure in the interests of morality or public order, where the interests of juveniles or the protection of the privacy of the person being prosecuted so require, or to the extent deemed strictly necessary by the disciplinary tribunal, when in special circumstances, the advertising would undermine the interests of the administration of justice. ».
S. 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.
S. 29. article 417 of the Code is replaced by the following: «art.» 417 § 1. The disciplinary tribunal shall decide on the admissibility of the application and the need to appoint a magistrate within one month of the referral by the authority referred to in article 412, § 1, or by the public prosecutor or, in the case referred to in article 413, § 1, paragraph 3, within one month after the transmission of the report and the conclusions.
§ 2. The president of the disciplinary tribunal refers a magistrate judges disciplinary court designated in accordance with the procedure referred to in article 259sexies/1.
In case of suspicion, the examining magistrate may be challenged by an Act passed to the registry within eight days of taking knowledge of the appointment by the examining magistrate. The challenge is judged ultimately by the disciplinary court of appeal.
§ 3. The examining magistrate shall carry out any necessary disciplinary instruction, apart from acts of criminal investigation and measures of constraint. It can hear witnesses, carry out confrontations or arrange for expertise.
The person concerned may request, by a reasoned request addressed to the registry, complementary access to the disciplinary file and performing acts of disciplinary instruction. The examining magistrate statue within 15 days on these requests.
The person concerned may refer the disciplinary court of appeal in the decision of the examining magistrate refusing access to the folder or performing acts of complementary disciplinary statement, or in the absence of a decision within the time limit provided for in paragraph 2. This action is brought in the forms and time limits laid down in article 420, § 2.
The examining magistrate can request access to the criminal file to the Prosecutor at the Court of appeal.
The person concerned is heard during the investigation. It may be assisted or represented by the person of his choice.
The personal appearance of the person concerned may be ordered by the education authority.
It is issued notice of any hearing. The minutes are signed by the person heard.
The trial record is put at the disposal of the person concerned and the person who assists at least ten days before the appearance.
Personnel file, including assessments, notices issued under the promotions or previous postulations, complaints so that decisions and previous disciplinary sanctions, is attached to the record of the statement.
When the magistrate judge that his training is complete, it passes the statement report to members of the House, no later than within four months of its designation. ».
S. 30. article 418 of the Code, replaced by the law of July 7, 2002, is replaced by the following: «art.»
418. § 1. If the Court finds that there is no place to appoint a magistrate, the subject of a disciplinary proceeding is convened for the hearing before the Board within three months of the referral to the tribunal.
When a magistrate was investigating the facts, the person is called to appear before the disciplinary tribunal within two months of transmission of the report to members of the House.
§
2. The convening of the person mentions the alleged facts, the place, date and time of the hearing, as well as the composition of the Chamber.
In the case of legitimate suspicion, the subject of disciplinary proceedings may challenge the members of the Chamber by an Act passed in the registry within eight days of the notification provided for in paragraph 1. The challenge is judged ultimately by the disciplinary court of appeal.
The statement report is attached to the disciplinary file. The trial record is put at disposal of the person concerned and the person who assists during the fifteen days preceding the appearance.
The Member or the Member of the staff of the judiciary appeared in person. He may be assisted by a person of his choice.
The disciplinary tribunal shall communicate the cause the Crown at the time where he delivered the closing of debates. The opinion of the public prosecutor shall be in writing, unless the circumstances of the case it is issued orally immediately at the hearing.

§ 3. When a magistrate was to hear the facts, the disciplinary tribunal shall decide on report of the examining magistrate.
The judgment is in the two months following the first hearing and notified to the commanding officer and the Crown near the jurisdiction which is from the person concerned, as well as to the individual himself.
In the event of criminal prosecution, the Chamber may, however, surscoir proceedings until the final judicial decision.
If the Board considers that there is place to revoke a judge of the Crown, the disciplinary tribunal passes a reasoned proposal for revocation to the King.
The King may deviate from the reasoned proposal for revocation decision and impose any disciplinary penalty referred to in article 405, in lieu of the competent authority, § 1.
The decision of the King is notified to the person concerned within 60 days following receipt of the proposal for revocation.
§ 4. The magistrate who challenges a disguised disciplinary measure able to order taken against him by a commanding officer can appeal against this measure with the disciplinary tribunal within thirty days of the notification of the decision of the commanding officer. This appeal is not suspensive.
In addition to the identity and the quality of the applicant and a copy of the contested decision, the signed request contains a statement of the facts and means and is signed.
Within ten days of its referral, the House address copy of the request to the head of body with application to transmit within thirty days the administrative folder and its conclusions.
Copy of the folder and the conclusions of the Chief's body is transmitted to the complainant, which can transmit additional findings within 30 days.
Copy of complementary findings is forwarded to the commanding officer.
The commanding officer and the applicant are summoned before the Board within 60 days after the end of the time limit for the filing of the additional findings.
The room can hear the commanding officer, the complainant and witnesses.
The room makes its judgment within thirty days from the date of appearance before the Court. ».
S. 31. article 419 of the Code, as last amended by the Act of April 25, 2007, is replaced by the following: «art.» 419. in cases where the disciplinary court was seized by the Crown when the authority referred to in section 412, § 1, has not transmitted for decision to the complainant or the person responsible or has not informed the Higher Council of Justice within a period of four months from the date of the filing of the complaint, the disciplinary tribunal may be: has) if it finds that the investigation of the commanding officer is not yet open is still in progress or is not complete, invite the Chief of corps to complete this survey in a period to be specified, or request the appointment of a magistrate to inquire into the complaint.
(b) refuse, if necessary after statement, to pursue a complaint;
c) applicable after statement, call the person concerned to appear at the date fixed.
The judgment of the disciplinary tribunal is final for the complainant. ».
S. 32. article 420 of the Code, replaced by the law of July 7, 2002, is replaced by the following: «art.» 420 § 1.
With the exception of revocation of the members of the Prosecutor's public calling against the major disciplinary penalties referred to in article 405 and against the measures referred to in sections 407 and 408 is brought before

disciplinary appeal tribunal within thirty days of the notification of the judgment by application signed and motivated addressed to the registry.
The appeal suspends the immediate execution of the disciplinary punishment.
The appellant is called to appear within thirty days of the filing of the appeal to the registry.
The convening of the person mentions the place, date and time of the hearing, as well as the composition of the Chamber.
In the case of legitimate suspicion, the subject of disciplinary proceedings may challenge the members of the Chamber by an Act passed in the registry within eight days of the notification provided for in paragraph 4. The challenge is judged ultimately by the Court of Cassation.
The public prosecutor about the disciplinary tribunal, the authority referred to in section 412, § 1, and the Crown near the jurisdiction which is from the person concerned may also introduce an appeal against the sanction or the absence of sanction decided by the disciplinary tribunal.
Discontinuation of the disciplinary court of appeal is notified to the person concerned, to the Chief of corps, to the public prosecutor near the jurisdiction which is from 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 at the Court of first instance of the district on the territory of which lies this justice of the peace the Minister of Justice and the disciplinary tribunal within sixty days of the filing of the application of appeal.

§ 2. The appeal against a measure referred to in article 406 or the absence of such a measure is introduced before the disciplinary tribunal of appeal within ten days of notification of the decision, by the suspended person or the Crown near the jurisdiction which the person concerned.
The action brought against a measure or the absence of measures referred to in article 406 is not suspensive.
Appellant is summoned to appear before the disciplinary court of appeal within fifteen days of the filing of the application of appeal to the registry.
An appeal may be made within one month by the head of body against the judgment of the disciplinary tribunal which cancels a disguised disciplinary measure able to order.
The decision of the disciplinary court of appeal shall be communicated to the person, the authority referred to in section 412, § 1, to the Crown about the jurisdiction which is from 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 at the Court of first instance of the district on the territory of which lies this justice of the peace the Minister of Justice and the disciplinary tribunal within seven days of the closing of debates.
§ 3. The use of the person concerned or the Crown about the jurisdiction, which it was formed or, where the person concerned is a member of a justice of peace or of its staff, the public prosecutor at the Court of first instance of the district on the territory of which this justice of the peace, is located against a disciplinary decision handed down by the authority referred to in article 412 , § 1, is brought before the disciplinary tribunal of appeal within ten days of the notification referred to in article 413, § 2, paragraph 1, by motivated and signed application addressed to the registry.
The appeal is not suspensive.
The person concerned shall be convened before the disciplinary tribunal within fifteen days of the filing of the application of appeal to the registry.
The judgment is given as a last resort by the disciplinary tribunal within seven days of the closing of debates. It is likely no remedy.
The judgment of the disciplinary tribunal shall be communicated to the person, the authority referred to in section 412, § 1, and the Crown about the jurisdiction which is from 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 at the Court of first instance of the district on the territory of which lies this justice of the peace , as well as the Minister of Justice. ».
S.
33. article 421 of the same Code, replaced by the law of July 7, 2002, is replaced by the following: «art.» 421 ÷ except for the penalties provided for in article 405, § 1, 5 ° and 6 °, the erasure of disciplinary punishments is ex officio after: 1 ° three years for minor punishments;
2 ° six years for major penalties.
Deletion is for the future. ».
S.
34. article 422 of the Code, replaced by the law of July 7, 2002, is replaced by the following: «art.» 422. one who was punished by a disciplinary punishment may petition for review to the disciplinary tribunal, provided that it justifies a new element.
The person concerned submit with his application a complete report on the reasons and evidence that she may argue for a review of the judgment or the judgment. The disciplinary tribunal may declare the request of the person concerned inadmissible for lack of reasons or evidence without a prior hearing of the person concerned.
In the event of revocation, the disciplinary tribunal will send a notice to the King. ».
S.
35. article 423 of the same Code, replaced by the law of July 7, 2002, is replaced by the following: «art.» 423. the disciplinary courts shall prepare each year a report respecting the anonymity of the persons concerned. The report is forwarded to the Supreme Council of Justice, in the House of representatives and the Senate. The decisions made by the disciplinary courts are communicated to the Minister of Justice upon their notification. ».
S. 36 sections 424-427 of the Penal Code, amended by the Act of July 7, 2002, are repealed.
S. 37. in the second part, book II, title V, of the same Code, chapter V containing articles 427bis to 427quater, inserted by the Act of 7 May 1999 and amended by the Act of July 7, 2002, is repealed.
S. 38. in article 770, § 5, paragraph 2, of the same Code, replaced by Act of April 26, 2007, "major punishment of 1st degree" shall be replaced by the words "withholding treatment.
CHAPTER 3. -Provision transitional and coming into force s. 39. the disciplinary authorities referred to article 412, § 2, former of the Judicial Code remain competent for the proceedings in which the national Disciplinary Board gave an opinion on the date of entry into full force of this Act.
The authorities referred to in article 410 former of the same Code seize without delay the disciplinary tribunal of the ongoing disciplinary proceedings not referred to in paragraph 1.
Any authority having delivered a measure referred to in article 406 of the same Code, current on the full commencement of this Act, seizes the disciplinary court of appearance passing it a copy of the decision and the folder.
Renewal of measures imposed before the coming into full force of this Act remains subject to the former article 406 of the Code. The appeal against these measures is introduced before the disciplinary tribunal of appeal.
Where appropriate, the appeal against the decisions made on the basis of sections 405 and 406 of the Code before the full commencement of this Act is introduced by the person concerned or by the public prosecutor before the disciplinary court of appeal in the delay not referred to in article 425 old.
Judges and staff members in the national Council of discipline are, at their request, nominated to serve in the disciplinary courts as a member assessor. They are in addition to the persons designated on the basis of article 18.
Section 33 applies to disciplinary sanctions after its entry into force.
S. 40. with the exception of this article the date of entry into force of each of the provisions of this Act is determined by the King. At the latest, it will come into force September 1, 2014.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 15, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session 2010-2011.
Senate.
Documents.
-Law of Mr. Delpérée et al. proposal, 5-1067 - No. 1. -Amendments 5-1067 - No. 2.
Session 2011-2012.
Senate.
Documents. -Amendments 5-1067 - No. 3. -Notice of the State Council, 5-1067 - No. 4.
Session 2012-2013.
Senate.
Documents. -Amendments 5-1067 - our 5 to 7. -Report 5-1067 - No. 8. -Text adopted by the commission, 5-1067 - No. 9. -Amendments 5-1067 - No. 10.
Annals of the Senate. -2 may 2013.
House of representatives.
Documents.
-Draft transmitted by the Senate, 53-2790 - No. 1. -Amendments 53-2790 - Nos. 2-4. -Report, 53-2790 - No. 5. -Text adopted by the commission. No. 6: Text amended by the House of representatives and sent to the Senate, 53-2790 - No. 7.
Compte rendu intégral. -19 and June 20, 2013.
Senate.
Documents.
– Draft amended by the House of representatives and sent to the Senate, 5-1067 - No. 11. -Report 5-1067 - No. 12. -Text adopted at the plenary and subject to Royal assent, 5-1067 - No. 13.
Annals of the Senate. -4 July 2013.