Law On Municipal Administrative Sanctions (1)

Original Language Title: Loi relative aux sanctions administratives communales (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013000441&caller=list&article_lang=F&row_id=1200&numero=1225&pub_date=2013-07-01&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-01 Numac: 2013000441 Interior FEDERAL PUBLIC SERVICE June 24, 2013 - law on incivilities (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Available preliminary Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
TITLE II. -Administrative sanctions Chapter 1. -Sanctions Section 1st.
-Punished offences art. 2 § 1. The Municipal Council may establish penalties or administrative sanctions against violations of its regulations or orders, unless penalties or administrative sanctions are established by or under a law, a decree or an order for the same offences.
§ 2. A multi-municipal area within which the Councils of the municipalities concerned have decided after a consultation which the King may lay down rules, to adopt a general identical police regulations, the municipal councils of the police zone adopt a general settlement of identical police for the area, after the opinion of the Council of the police zone concerned.
§ 3. In the case provided for in § 2, the municipal councils of the police zone may also decide to adopt a general settlement of identical to an area, several areas police or all other areas of their judicial district that also make use of the option provided for in § 2.
§ 4. The municipal councils of the 19 communes of the Brussels-Capital Region may adopt a general regulation of common police, after consultation between the municipalities concerned which the King may lay down rules and notices of the various Councils of the affected police areas. The municipal councils of the six areas of the Brussels-Capital Region can also make use of the option provided for in § 3.
S.
3. by way of derogation from article 2, § 1, the Municipal Council may, in addition, provide in its regulations or orders a such administrative penalty as defined in article 4, § 1, 1 °: 1 ° for the offences referred to in articles 398, 448, and 521, paragraph 3, of the penal Code;
2 ° for the infringements referred to in articles 461, 463, 526, 534bis, 534ter, 537, 545, 559, 1 °, 561, 1 °, 563, 2 ° and 3 ° and 563bis, of the penal Code;
3 ° for the following offences which are determined by the King by Decree deliberated in the Council of Ministers on the basis of the General regulations referred to in article 1, paragraph 1, of the law of 16 March 1968 the police road traffic and with the exception of offences that take place on highways, in particular:-stop and parking offences;
-infringements of the provisions concerning signal C3, recorded exclusively by means of equipment operating automatically, referred to in article 62 of the same Act.
Section 2. -Penalties and alternative measures to these sanctions sub-section 1.
-Provisions general article 4 § 1. The Municipal Council may provide in its regulations or orders to impose one or more of the following penalties for the acts referred to in articles 2 and 3: 1 ° an administrative fine amounting up to 175 euros or 350 euros depending on whether the offender is minor or major;
2 ° the administrative suspension of an authorization or permission granted by the municipality;
3 ° the administrative withdrawal of an authorization or permission granted by the municipality;
4 ° the administrative closure of a facility to temporarily or permanently.
§ 2. The Municipal Council may provide in its regulations or orders the following alternative measures to the concerned administrative fine to the § 1, 1 °: 1 ° the defined citizen benefit as a service of general interest performed by the offender for the benefit of the community;
2 ° the local mediation defined as a measure allowing the offender, through the intervention of a mediator, repair or compensation for the damage caused or to appease the conflict.
§ 3. The penalties established by the Municipal Council cannot exceed the punishment of police.
§ 4. derogation to the § 1, only an administrative penalty referred to the § 1, 1 °, may be imposed for the offences referred to in article 3, 3 °.
These offences are divided by the King, by Decree deliberated in the Council of Ministers in four categories specifying the amount of administrative fines related to it, depending on the seriousness of the threat they represent for road safety and mobility.
§ 5. If the Municipal Council provides, in its regulations or orders, the possibility of imposing the administrative sanction to minors in the § 1, 1 °, to the matters referred to in articles 2 and 3, it collects prior notice of the body or bodies with competence to advice to youth on the regulation or order in question, insofar as there is such a body and such bodies in the commune.
S. 5. the Municipal Council cannot simultaneously provide a criminal sanction and an administrative penalty for the same violations of its regulations and orders.
S. 6 § 1. The administrative penalty referred to in article 4, § 1, 1 °, is imposed by the sanctioning official.

§ 2. The sanctioning official meets the qualification and independence requirements determined by the King, by Decree deliberated in the Council of Ministers.
§ 3. The sanctioning official is appointed by the Municipal Council, and cannot be at the same time a person who, pursuant to articles 20 and 21, finds infractions, or one that leads the mediation procedure.
It might also be known by several municipalities.
S. 7. the administrative penalty is proportionate to the gravity of the facts which the motivate and depending on the possible recurrence. There are recidivism when the offender has already been punished for the same offence in the 24 months preceding the new finding of the offence.
The finding of several concurrent offences to the same regulations or Ordinances will give rise to an administrative sanction single, proportional to the seriousness of the facts.
S. 8. the local mediation is conducted by a mediator who meets the minimum conditions laid down by the King, hereinafter referred to as the mediator or mediation service specialized and approved by the municipality, according to the terms and conditions determined by the King.
Sub-section 2. -Of the citizen provision for major s.
9. in the event of the communal rules and provided that the sanctioning official considers it appropriate, it may offer the major offender, subject to its agreement or at the request of the latter, a civic service in lieu of the administrative fine.
S. 10. the citizen benefit, determined by regulations or orders of the municipality, may not exceed thirty hours and must be executed within a period of six months from the date of notification of the decision of the sanctioning official.
It consists of: 1 ° a training and/or;
2 ° a unpaid benefit framed by the municipality or a competent legal person designated by the municipality and executed for the benefit of a communal service or a legal person of public law, a foundation or a non-profit organization designated by the municipality.
The citizen provision is framed by an authorized by the municipality or a legal person designated by it.
S.
11 § 1. When the sanctioning official finds that the citizen provision has been run, it can no longer impose an administrative fine.
§ 2. In the event of non-performance or refusal of citizen service delivery, the sanctioning official may impose an administrative fine.
Sub-section 3. -Of the local mediation for major art.
12 § 1. The sanctioning official may propose mediation to the major offender when the following conditions are fulfilled: 1 ° the Municipal Council must the have foreseen in its rules of procedure and the terms y;
2 ° the agreement of the offender;
3 ° a victim has been identified.
§ 2. Repair of damage or compensation is negotiated and decided freely by the parties.
S. 13 § 1. When the sanctioning official noted the success of the mediation, it can no longer impose an administrative fine.
§ 2. In case of refusal of the offer or failure of the mediation, the sanctioning official can either offer a citizen service, impose an administrative fine.
CHAPTER 2. -Special provisions applicable to minors of 14 years and over Section 1. -Of the administrative fine art.
14 § 1. The minor who has reached the age of fourteen years at the time of the facts, may be the subject of an administrative penalty, even if that person has become major at the time of the judgment of the facts.
§ 2. The father and mother, guardian or persons who have custody of the minor, are civilly responsible for the payment of the administrative fine.
Section 2. -The duty to information art. 15. when the Municipal Council provides in its rules that minors may be the subject of the administrative penalty referred to in article 4, § 1, 1 °, it has the duty to inform an and all means of communication, all minors and father, mother, guardian or persons who are in custody, living commune, offences committed by minors punishable by administrative penalties.
Section 3. -Of the presence of a lawyer s.
16. when a minor is suspected of an offence punishable by the administrative penalty referred to in article

4, § 1, 1 °, and that the administrative procedure is initiated, the authority competent to impose the sanction shall notify the Bâtonnier of the bar, so that it is ensured that the person concerned may be assisted by a lawyer.
Le Bâtonnier or the legal aid bureau proceeds to the appointment of a lawyer, at the latest within two days from this notice.
A copy of the notice informing the Bâtonnier is attached to the record of the proceedings.
Where there is a risk of conflict of interest, the bar or the legal aid bureau ensures that the person concerned is assisted by one lawyer other than that at which made call his father and mother, guardian or persons who have custody or providing a right of action.
The lawyer may also be present at the mediation procedure.
Section 4. -Various procedures applicable to minors subsection 1. -Of the parental involvement procedure art.
17 § 1. A procedure of parental involvement may be provided prior to the offer of mediation, citizen delivery or, where appropriate, the imposition of a fine administrative.

§ 2. In the context of this procedure, the sanctioning official gate, by letter recommended, to the knowledge of the father and mother, guardian, or people who have custody of the minor, the facts established and solicits their oral submissions or written with regard to these facts and of any educational measures to take receipt of the minutes or the statement referred to in article 21. It can to this end request a meeting with the father and mother, guardian or persons who have custody of the minor and the latter.

§ 3. After you have collected the comments referred to in § 2, and/or met the minor offender as well as his father and mother, guardian, or persons who have custody and if he is satisfied with educational measures presented by the latter, the sanctioning official can close the case at this stage of the procedure either initiate the administrative procedure.
Sub-section 2.
-Of the local mediation proceedings article 18 § 1. When the Municipal Council provides in its rules that minors may be the subject of an administrative penalty as referred to in article 4, § 1, 1 °, it provides also a local mediation procedure and its modalities.
§ 2. The local mediation conducted by the sanctioning official offer is mandatory when it refers to minors who have reached the age of fourteen years at the time of the facts.
§ 3. The father and mother, tutor, or persons who have custody of the minor may, at their request, accompany the minor during the mediation.

§ 4. When the sanctioning official noted the success of the mediation, it can no longer impose an administrative fine.
§ 5. In case of refusal of the offer or failure of the mediation, the sanctioning official can either offer a citizen service, impose an administrative fine.
Subsection 3 of the citizen provision made by the minor article 19 § 1. In case of refusal of the offer or failure of the mediation, the sanctioning official may offer a service citizen, as described in article 10, paragraphs 2 and 3, in respect of the minor, organised in connection with his age and abilities.
It can also decide to entrust the choice of the citizen provision and its terms to a mediator or a mediation service.
This citizen benefit may not exceed fifteen hours and must be executed within a period of six months from the date of notification of the decision of the sanctioning official.
§ 2. The father and mother, tutor, or persons who have custody of the minor may, at their request, accompany the minor during the performance of the citizen.

§ 3. In the event of non-performance or refusal of citizen service delivery, the sanctioning official may impose an administrative fine.
CHAPTER 3. -Procedure administrative Section 1st. -Findings s. 20. the offences which may be subject to administrative sanctions are observed by a police officer, a police officer or a particular pastoral care within its competence.
S. 21 § 1.
Offences that may only be the subject of administrative sanctions may also be the subject of a finding by the following persons: 1 ° communal officers who meet the minimum requirements laid down by the King, by Decree deliberated in the Council of Ministers, selection, recruitment, training and competence, and designated for this purpose by the Municipal Council. In the case of a multi-municipal police area, these municipal-constatateurs agents can make any findings on the territory of all the municipalities that are part of this area of policy, and where appropriate of Commons of one or more other areas provided that a prior agreement has been reached between the communes concerned the area of origin of the agent police for this purpose and where applicable, the municipality under another area of police;
2 ° provincial or regional officials, the members of staff governed and Intermunicipal Cooperation autonomous communal which, within their competence, are designated for this purpose by the Municipal Council.
3 ° the transit companies, belonging to one of the categories determined by the King, within their competence.
For the personnel referred to in paragraph 1, 2 °, the Council communal lists exhaustively in the Act of designation the articles of the communal police regulations for which these people have the power to find infringements.
The Municipal Council may list only articles which are directly linked to the skills of the staff referred to in paragraph 1, 2 ° arising from the regulation that is applicable to them. The authority or entity concerned agrees about this additional competence.
The staff referred to in paragraph 1, 2 ° must meet the minimum conditions of selection, recruitment and training determined by the King by Decree deliberated in the Council of Ministers.

§ 2. Officers guarding firms designated for this purpose by the Municipal Council may declare the offences that can only be punished by an administrative penalty, exclusively with the officer referred to in section 20, and this only in the context of the activities referred to in article 1, § 1, paragraph 1, 6 °, of the law of 10 April 1990 regulating private and particular security.
§ 3. In the event of findings of offences which may give rise to an administrative penalty, which they are eyewitnesses and within the strict framework of powers granted them, the persons referred to the § 1, may require the presentation of an identification document in order to determine the exact identity of the offender.
They then immediately render this identification to the person concerned.
§ 4. The offences referred to in article 3, 3 °, can be seen only by persons in the § 1, 1 ° and article 20.
S. 22 § 1. For the offences referred to in article 3, 1 ° and 2 °, the original of the report addressed the Prosecutor no later than within two months of the finding.
If it is minor, the minutes must reach the Attorney of the King of the residence of the parents, guardian or persons who have custody.
The person referred to in article 20 set explicitly in the minutes the date on which it was transmitted or delivered to the Prosecutor of the King. A copy shall be sent at the same time to the competent sanctioning official of the municipality where the facts occurred.
§ 2. When the offence is punishable by an administrative penalty, the original of the report is sent at the latest within two months of the finding to the appropriate sanctioning official of the municipality where the facts occurred.
§ 3. Persons referred to in articles 20 and 21 shall always transmit to King's attorney a copy of the findings in charge of minors for offences which are punishable by an administrative penalty.
§ 4. Where the finding is established by an officer referred to in article 21, § 1, paragraph 1, 3 °, it sends it at the latest within two months of the finding to the sanctioning official competent on the territory of the commune where the facts occurred.
§ 5. Where the finding is established following a flagrante delicto, the original of the report is sent to the sanctioning official or to the Prosecutor within a period of one month from the date of the finding facts.

§ 6. For the offences referred to in article 3, 3 °, the original of the report addressed the sanctioning official. The Prosecutor is informed according to the rules laid down in the Protocol of agreement referred to in article 23.
When the vehicle is in addition, directly or indirectly, involved in an accident or if other offences as those referred to in article 3, 3 ° are also found, a record can be established only by the persons referred to in article 20. This record is transmitted to the Prosecutor of the King.
Section 2. -Procedure in the case of offences art.
23 § 1. With regard to the offences referred to in article 3, the Municipal Council may ratify a protocol of agreement concluded between the competent prosecutor and the college of Mayor and aldermen or communal college.
This memorandum of understanding, including the King lays down the procedures and model, by Decree deliberated in the Council of Ministers, is an agreement between the college of burgomasters and aldermen or the municipal college and the competent prosecutor

mixed offences.
This protocol agreement complies with all the legal provisions concerning inter alia the procedures laid down for offenders and cannot waive their rights.
It may be identical to all the municipalities of the area by police in the case referred to in article 2, § 2.
However, for the offences referred to in article 3, 3 °, the establishment of a memorandum of understanding is required.
The Protocol Agreement is annexed to the regulations and orders referred to in articles 3 and 4, and published by the college of Mayor and Alderman or communal college on the website of the municipality if it provides or by means of a display indicating the place where the text of the Protocol can be accessed by the public.
§ 2. ÷ non-Protocol of understanding and for the offences listed in article 3, 1 °, the sanctioning official may impose an administrative fine or propose an alternative to measure that in the event that the Prosecutor has, within a period of two months, indicated that he finds this appropriate and that itself will not reserve on to the facts.
§ 3. Absence of a protocol of agreement and for the offences listed in article 3 (2), the Prosecutor has a period of two months, as of the date of receipt of the original of the minutes, to inform the sanctioning official information or statement was opened or that proceedings have been initiated or considers to have to close without continued the case without sufficient charges. This communication turns off the possibility for the sanctioning official to impose an administrative fine.
The sanctioning official may impose the administrative fine or propose an alternative measure to it before the expiry of this period. Past, the facts cannot be punished in administrative way. The sanctioning official may, however, impose an administrative fine or propose an alternative measure to it before the expiry of that time limit if, before the expiry thereof, the Prosecutor of the King, without calling into question the materiality of the offence, has indicated it will not reserve on to the facts.
S. 24. If, besides cases of competition mentioned in article 23, § 3, a fact is both a criminal offence and an administrative offence, the procedures provided for the offences referred to in article 3 (2), shall apply.
Section 3. -Proceedings before the sanctioning official sub-section 1. -Conduct of the proceedings art. 25 § 1. In the context of the exercise of its powers, the sanctioning official has access to relevant data for this purpose the national register and the Directorate for the registration of vehicles, subject to obtaining prior authorisation, respectively the sectoral Committee of the national register and the sectoral Committee for the federal authority.
The 'Vereniging van Vlaamse Steden en Gemeenten", the Union of cities and Communes de Wallonie and the Association of the city and the municipalities of the Brussels-Capital Region can ask a general authorisation for access to data from the national register and Directorate for the registration of vehicles, for their members, respectively to the sector of the national register Committee and the sectoral Committee for the federal authority.
§ 2. When the sanctioning official decides that there is place to initiate the administrative procedure, it shall communicate to the offender by registered letter: 1 ° the facts and their qualification;
2 ° that the offender has the ability to expose its defences by registered letter, within a period of 15 days from the day of notification, and that there, on this occasion, the right to apply to the sanctioning official orally present his defence;
3 ° that the offender has the right to be assisted or represented by counsel;
4 ° that the offender has the right to consult his file;
5 ° a copy of the minutes referred to in article 20 or the observation made by the persons referred to in article 21.
§ 3.
The sanctioning official determines the day where the offender is invited to present orally its defence.
§ 4. If the sanctioning official considers that an administrative penalty not exceeding EUR 70 should be imposed, the major offender doesn't have the right to ask to present orally its defence.
§ 5. The father, mother and guardians or persons who have custody of the minor offender are also informed by registered mail of the initiation of the administrative procedure. These parties have the same rights as the minor.
S. 26 § 1. The sanctioning official decision is taken within a period of six months and reach to the knowledge of the persons concerned.
This period of six months shall commence from the date of the finding of facts by the persons referred to in articles 20 and 21.
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2. By way of derogation to the § 1, the sanctioning official decision is taken within a period of twelve months and scope to the attention of the interested parties, when a citizen benefit and/or mediation.
This period of twelve months shall commence from the date of the finding of facts by the persons referred to in articles 20 and 21.
§ 3. After the expiry of the periods referred to in §§ 1 and 2, the sanctioning official can no longer impose administrative fine.
Sub-section 2. -Notification of the decision article
27. after the expiry of the time limit set by article 25, § 2, 2 °, or before the expiry of this period, when the offender means do not challenge the facts or, where applicable, after the defence oral or written of the case by the offender or his counsel, the sanctioning official may impose the administrative fine.
The sanctioning official shall notify its decision to the offender by registered letter and, in the case of offences referred to in article 3, to the Prosecutor of the King.
The decision of the sanctioning official shall also be notified by registered letter, to the minor as well as his father and mother, guardians or persons who have custody.
The notification also contains the information referred to in articles 9, § 1, 10 and 12 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
S. 28. the sanctioning official transmits a copy of the minutes or the statement prepared by the persons referred to in article 21, a copy of its decision to any party who has a legitimate interest and who sent in advance a written and justified request.
Sub-section 3. -Procedure in the case of stop and parking offences referred to in article 3, 3 ° s. 29 § 1. The fact sanctioning official part the offender within 15 days from the receipt of the finding of the infringement, by ordinary post, data relating to the facts found and the offence as well as the amount of the administrative fine.
The administrative fine is paid by the offender within thirty days of the notification, except where this is known by ordinary post, within this period, its means of defence to the sanctioning official. The offender may be heard in this time, at his request, where the amount of the administrative fine is greater than 70 euros.
§
2. If the sanctioning official declares the defences unfounded, it shall inform the offender, reasoned way, with reference to the payment of the administrative fine which must be paid within a further period of 30 days of this notification.
§ 3. If the administrative fine is not paid within the first thirty days, except in the case of means of defence, a reminder is sent with an invitation to pay within a further period of thirty days from the notification of this recall.
Section 4. -Appeal art. 30. the decision to impose an administrative fine is enforceable at the expiration of the time limit of one month from the day of notification, except in case of appeal pursuant to section 31.
S. 31 § 1. The municipality or the offender, in the case of administrative penalty may appeal by written request from the tribunal de police, according to the civil procedure, within one month of the notification of the decision.
When the sanctioning official decision relates to minors, the action is brought by free petition to the juvenile court. In this case, the remedy may also be introduced by the father and mother, guardians or persons who have custody. The youth court remains competent if the offender has become major at the time where it is pronounced.
The police court or the juvenile court, decide in the context of an adversarial and public, on the action brought against the administrative sanction under article 4, § 1, 1 °. They consider the legality and the proportionality of the fine imposed.
They can either confirm or amend the decision taken by the sanctioning official.
The youth court may, where it is seized with an appeal against the administrative fine, to override a measure of caution, preservation or education laid down in article 37 of the Act of 8 April 1965 on the protection of youth, to the support of minors who have committed an act classified as offence and the repair of the damage caused by this fact. In this case, article 60 of the same Act shall apply.
The decision of the court police or the youth court is not appealable.
However, when the juvenile court decides to replace the administrative sanction by a measure of custody,

preservation or education referred to in article 37 of the Act, its decision is subject to appeal.
In this case, the procedures laid down by the abovementioned law shall apply.
Without prejudice to paragraphs 1 to 7, and of the aforementioned law of 8 April 1965, the provisions of the Judicial Code apply to the appeal to the Court of police and the juvenile court.
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2. When an action is brought against the decision of the sanctioning official, latter or his delegate may represent the municipality in the proceedings before the tribunal de police or the youth court.
S. 32. by way of derogation from the deadlines referred to in articles 30 and 31, the decision of the sanctioning official to impose an administrative penalty in the case of offences referred to in article 3, 3 °, may be enforced in forced manner, if the administrative fine is not paid within the time limit referred to in article 29, paragraph 3, unless the offender has lodged an appeal within that period.
CHAPTER 4. -Perception of the fine arts. 33. the King rule by Decree deliberated in the Council of Ministers, the way of perceiving the administrative fine.
Administrative fines are levied for the benefit of the municipality.
For the offences referred to in article 3, 3 °, the administrative fine is, in case of absence of the driver, put in charge of the holder of the registration plate of the vehicle.
The persons referred to in article 21, § 1, 1 °, are empowered to seek the identity of the holder of the registration plate to the authority in charge of the registration of vehicles, subject to obtaining prior authorisation of the sectoral Committee for the federal authority.
The 'Vereniging van Vlaamse Steden en Gemeenten", the Union of cities and Communes de Wallonie and the Association of the city and the municipalities of the Brussels-Capital Region can ask a general authorisation for access to data from the Department for the registration of vehicles, for their members, the sectoral Committee for the federal authority.
Chapter 5 immediate payment of the administrative fine art. 34. This chapter is applicable to the facts referred to in articles 2 and 3, 3 °, committed by an individual who has in Belgium or home or residence fixed.
S. 35 only members of the staff of the operational framework of the Federal and local police can make use of the advance payment provided for in this chapter.
S.
36 § 1. The administrative fine may not be immediately perceived only with the consent of the offender.
§ 2. The offender is informed of all his rights by persons referred to in article 35 when applying for immediate payment.
S. 37. offences that may be subject to an administrative penalty may give rise to the immediate a payment maximum amount of 25 euros per infraction and a maximum of 100 euros when more than four offences have been detected to charge the offender.
S. 38. the offences referred to in article 3, 3 °, may give rise to the immediate payment of an amount determined by the King, by Decree deliberated in the Council of Ministers.
S. 39. the immediate payment is excluded: 1 ° if the offender is less than 18 years of age or is declared incapable or prolonged minority;
2 ° if one of the offences noted on the same occasion cannot be subject to this procedure.
S.
40. the payment of the administrative fine is by bank card or credit card or by bank transfer or in cash.
Additional arrangements for the immediate payment of the administrative fine shall be determined by the King.
S. 41 minutes reporting an immediate payment of the administrative fine is passed to the sanctioning official and the Prosecutor of the King, in the case of offences referred to in article 3, 3 °, within a period of fifteen days.
S. 42 § 1.
Immediate payment extinguished the possibility to impose on the offender an administrative fine for the omission referred.
§ 2. Immediate payment, however, does not prevent the Prosecutor to apply section 216bis or 216ter of the Code of criminal investigation or criminal prosecution. In the event of application of articles, 216bis or 216ter of the Code of criminal procedure the immediately perceived amount is charged on the amount fixed by the Crown and any excess is refunded.
Upon conviction of the person concerned, the immediately perceived amount is charged on the costs of justice due to the State and the pronounced fine, and any excess is refunded.
In the case of acquittal, the amount immediately collected is rendered.
In the case of conditional sentencing, the amount immediately collected is rendered after deduction of the costs of justice.
If penalty work, the immediately perceived amount is charged on legal costs due to the State and any excess is refunded.
If the simple declaration of guilt, the immediately perceived amount is charged on legal costs due to the State and any excess is refunded.
CHAPTER 6. -Prescription of administrative fines s. 43. administrative fines are prescribed by five years from the date on which they must be paid.
This period may be interrupted as provided for by articles 2244 et seq. of the civil Code, or by a waiver of acquired prescription. In the event of interruption of prescription, a likely to be interrupted in the same way, new prescription is acquired five years after the last interruption of the previous limitation Act if there is no instance in justice.
Chapter 7 register of municipal administrative sanctions art.
44 § 1. Each municipality is a single file of the natural or legal persons which have been the subject of an administrative penalty or an alternative measure referred to in article 4, § 2, on the basis of the general police regulations. The municipality is responsible for processing this file.
This file is intended to ensure the management of administrative penalties and alternative measures referred to in article 4, § 2.
Several municipalities may decide to hold together a single register of municipal administrative sanctions, based on their general police regulations. In this case, they should determine, after consultation, the controller.
§ 2.
This file contains the personal data and the following information: 1 ° the name, surname, date of birth, and residence of persons who are the subject of incivilities or alternative measures referred to in article 4, § 2. If he is a minor, the names, first names, date of birth, and residence of the parents, guardians or persons who have custody;
2 ° the nature of acts;
3 ° the nature of the sanction, as well as the day where it was imposed;
4 ° where appropriate, the information transmitted by the competent prosecutor in the context of the offences referred to in article 3;
5 ° the sanctions that are more likely to use.
Data referred to in subparagraph 1ersont retained for five years, from the day where the sanction has been imposed or the alternative measure has been proposed. After this time, they are either destroyed or anonymized.
§ 3. The sanctioning official has access to the data personal and information referred to in paragraph 2.
The King sets, by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of privacy, the other specific conditions relating to the processing of the personal data contained in the register of the incivilities.
CHAPTER 8. -Suspension, withdrawal and closing article 45. the suspension, withdrawal and closure, referred to in article 4, § 1, 2 ° to 4 °, are imposed by the college of Mayor and aldermen or communal college.
They cannot be imposed that after the offender has received a prior warning. This warning includes an extract from regulation or order infringed.
The communal Council establishes the manner in which these sanctions are notified to the offender.
TITLE III. -Provisions amending and repealing Chapter 1. -Provisions amending Section 1st. -Changes of the new Municipal Act s. 46. article 119bis of the new Municipal Act, inserted by the law of May 13, 1999, and as last amended by the Act of June 1, 2011, is replaced by the following: «art.» 119bis. the Municipal Council may establish penalties and communal administrative penalties pursuant to the administrative penalties act of 24 June 2013 communal. ».
S. 47. in the same Act, a written 134sexies article is inserted as follows: «art.» 134sexies. § 1. The Mayor may, in case of disturbance of public order caused by individual or collective behaviour, or in the event of repeated infringements of regulations and orders of the Municipal Council in the same place or at similar events, and involving a disturbing public order or an incivility, decide a temporary place of one month, renewable ban twice, against the authors of these behaviours.

§ 2. By «temporary prohibition of place», means the prohibition from entering one or more precise perimeters of determined places accessible to the public, located within a municipality, without ever being able to cover the whole of the territory. Is considered as a place accessible to the public anywhere in the municipality that is not only accessible to the Manager instead, one who works there or those are invited on an individual basis, with the exception of the home, place of work or school or training of the offender.

§ 3. The decision referred to the § 1 must meet the following conditions: 1 ° be substantiated on the basis of the nuisances related to public order;
2 ° be confirmed by the college of burgomasters and aldermen or communal college, at its next meeting, after hearing the author or the authors of these behaviors or their Council and after it has had the opportunity on this occasion to assert its means of defence in writing or orally, except if, after having been invited by registered letter It is not presented, has not presented valid reasons of absence or incapacity.

§ 4. Decision may be taken, either after a written warning notified by the burgomaster informing the author or authors of these behaviors for a new offence in a place or identical events may result in a ban of place, or for purposes of enforcement, without warning.
§ 5. Failure to place temporary ban, the author or the authors of these behaviours are liable to such administrative fines provided for by the law of June 24, 2013 on the incivilities. ».
S.
48. in article 135, § 2, paragraph 2, 7 °, of the same Act, inserted by the law of May 13, 1999, "of public disturbance' shall be replaced by the word" incivility ".
Section 2. -Modification of Code judiciary art. 49. in article 601ter of the Judicial Code, inserted by the law of 13 May 1999, 1 ° and 2 °, are replaced by the following: "1 ° of the appeal against the decision to impose the penalty referred to in article 4, § 1, 1 °, of the law of June 24, 2013 on incivilities, by the sanctioning official designated for this purpose by the municipality;
2 ° of the appeal against the decision of not to inflict the penalty referred to in article 4, § 1, 1 °, of the law of June 24, 2013 on incivilities, by the sanctioning official designated for this purpose by the municipality. ».
CHAPTER 2. -Provision repealing art. 50. article 119ter of the new Municipal Act, inserted by the law of June 17, 2004, is repealed.
TITLE IV. -Transitional and final provisions art. 51. the current procedures at the time of the entry into force of this Act are governed by the legal and regulatory provisions that were in force at the time of the introduction of the procedure.
This Act applies only to offences committed after its entry into force.
S. 52. the Minister of the Interior shall every two years report to Parliament on the application of this Act. This report contains at least an overview of the number of administrative fines referred to in article 4, § 1, 1 °, that has been inflicted, divided according to the categories of offences, as well as procedural difficulties to which the application of this Act gave rise.
S. 53. this Act comes into force the first day of the sixth month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on 24 June 2013.
ALBERT by the King: the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of public enterprises, of the Development Cooperation responsible for major cities, p.. Lady Secretary of State for the environment, energy and mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
Records of the House of representatives: 53-2712-2012/2013: No. 1: Bill.
2 to 5: amendments.
No. 6: report.
No. 7: Text adopted by the commission.
No. 8: Text adopted by the commission.
No. 9: amendments.
No. 10: Text adopted in plenary meeting and transmitted to the Senate.
No. 11: Erratum.
Full report: May 30, 2013.
The Senate documents: 5-2129-2012/2013: No. 1: project not referred by the Senate.
See also: records of the House of representatives: 53-2848-2012/2013: No. 1: text adopted in plenary meeting and transmitted to the Senate.
Full report: May 30, 2013.