Law On The Application Of The Principle Of Mutual Recognition To Judgments And Decisions Of Probation For The Purposes Of The Supervision Of Probation Measures And Alternative Penalties Handed Down In A Member State Of The European Union (1)

Original Language Title: Loi relative à l'application du principe de reconnaissance mutuelle aux jugements et décisions de probation aux fins de la surveillance des mesures de probation et des peines de substitution prononcées dans un Etat membre de l'Union européenne (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009242&caller=list&article_lang=F&row_id=1200&numero=1252&pub_date=2013-06-13&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-06-13 Numac: 2013009242 FEDERAL JUSTICE PUBLIC SERVICE May 21, 2013. -Law on the application of the principle of mutual recognition to judgments and decisions of probation for the purposes of the monitoring of probation and alternative sentences in a Member State of the European Union (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 preliminary Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Principles General s.
2 § 1. This Act governs the recognition of judgments, decisions of probation and supervision of sentences or non-custodial measures as referred to in article 3 on the territory of a Member State of the European Union other than that which issued the judgement.
The objective is to facilitate the social reintegration of the convicted person and to improve the protection of victims and society.
§ 2. In the relations between the Belgium and other States members of the Union European and without prejudice to article 32, the Act replaces, for enforcement of judgments pronouncing a sentence conditional or a conditional release, the provisions laid down in chapter V of the law of May 23, 1990 on the Interstate of sentenced persons transfer, the recovery and transfer of persons convicted conditionally or freed conditionally as well as monitoring the resumption and transfer of execution of sentences and custodial measures.
S. 3. for the purposes of this Act, means: 1 ° judgment: a final decision rendered by a Court of the issuing State that an individual has committed a criminal offence and pronouncing: has) a punishment or measure involving the deprivation of liberty if parole has been granted on the basis of this judgement or by a subsequent probation decision;
(b) a sentence of probation to the test;
(c) a conviction on condition; or (d) a sentence of substitution;
2nd sentence of probation probation: a sentence or deprivation of liberty whose execution is suspended on condition, in whole or in part, upon conviction, because of the adoption of one or more probation measures. These probation measures are listed in the judgement itself or in a separate probation decision, taken by a competent authority;
3 ° a conviction under condition: a judgment deciding the postponement of a sentence by virtue of the adoption of one or more probation measures or imposing one or more measures of probation instead of imprisonment or deprivation of liberty. These probation measures are listed in the judgement itself or in a separate probation decision, taken by a competent authority;
4 ° penalty substitution: a sentence constituting a penalty or deprivation of liberty or a financial penalty, imposing an obligation or an injunction;
5 ° probation decision: a judgment or a final decision by a competent authority of the issuing State on the basis of such a judgment: a) granting parole, or;
b) imposing probation measures;
6 ° parole: a final decision by a competent authority or under national law, declaring the early release of a convicted person, after execution of a part of the sentence or deprivation of liberty, because of the adoption of one or more probation measures;
7 ° measures of probation: liability or injunctions imposed by a competent authority to an individual in accordance with the provisions of the Belgian law of the issuing State in relation to a sentence of probation to the test, conditional sentence or parole;
8 ° issuing State: the Member State of the European Union in which gave the judgment;
9 ° executing State: the Member State of the European Union in which probation measures and alternative penalties are monitored as a result of a decision in accordance with article 18;
10 ° certificate: document with the model in annex 1, signed by the competent authority of the issuing State which certifies that its content is accurate.
S. 4. this Act applies when one of the following conditions accompanied by judgment and, where appropriate, the probation decision: 1 ° the obligation for the convicted person to inform an authority of any change of domicile or place of work;
2 ° the obligation not to go to certain places, places or areas of the State issuing or the executing State;
3 ° the obligation involving restrictions on the possibility to leave the territory of the executing State;
4 ° of the injunctions regarding behaviour, residence, training, recreation, or with restrictions or conditions regarding the exercise of a professional activity;
5 ° the obligation to appear at specific times before a given authority;
6 ° the obligation to avoid contact with people determined;
7 ° the obligation to avoid contact with specific objects that were used by the convicted person or may be to commit a criminal offence;
8 ° the obligation for financial damage caused by the criminal offence or the obligation to provide evidence that this obligation has been fulfilled;
9 ° the obligation to carry out work of general interest;
10 ° the obligation to cooperate with a probation officer or a representative of the duties associated with convicted persons exercising social service;
11 ° the obligation to submit to medical treatment or a cure for detoxification.
S. 5. this Act establishes a regime without prior agreement of the executing State and a regime with prior agreement of the executing State.
Without consent regime applies to judgments transmissions and, where applicable, probation decisions and certificates for the purposes of recognition and supervision in the Member State of the place of residence lawful and habitual of the person sentenced, when it is returned or wants to return in that State.
The regime with prior agreement of the executing State shall apply, at the request of the person convicted, transmissions of judgments, and where appropriate, probation decisions and certificates for the purposes of recognition and monitoring in any other Member State of the European Union in which the convicted person wishes to reside.
The request of the sentenced person does however no obligation on the part of the issuing State, the latter deciding only to pass judgment and, where appropriate, the probation decision and the certificate in another Member State.
S. 6. the Belgian competent authorities consult the competent authorities of the other Member State concerned whenever the situation requires.
Only the issuing State may decide on an application for review of the judgement pronouncing the sentence to be executed under this Act.
S. 7. the judgment and, where appropriate, the probation decision, or a certified copy thereof, is transmitted by any medium capable of delivering a written record to a single State of execution at a time. They are accompanied by the certificate.
The original of the judgment and, where appropriate, the decision of probation, or of the certificate or a certified copy in accordance with these documents, are forwarded to the State of execution on request.
S. 8. expenses arising from the execution of the judgment and, where appropriate, the probation decision handed down in another State member of the European Union are supported by Belgium, excluding the expenses incurred exclusively in the territory of that other Member State.
CHAPTER 3. -Procedure relating to the recognition of a judgment and, where appropriate, a decision of probation in another European Union Member State and monitoring of the penalty or measure Section 1st. -Competent authority to give the consent art. 9 § 1. In the cases referred to in article 5, paragraph 3, the competent authority to give the consent to the transmission of a judgment and, where appropriate, of a probation decision accompanied by the certificate is the Minister of Justice.
§ 2. Before taking its decision, the Minister of Justice checks: 1 ° if the convicted person is not a threat to public order;
2 ° If the convicted person fulfils the conditions relating to its establishment on Belgian territory;
3 ° if there are the obvious elements whereby the penalty or measure could not be executed on Belgian territory in accordance with the Belgian legal system;
4 ° If recognition and surveillance of the penalty or measure on Belgian territory contributes to achieving the objective of social rehabilitation and reintegration of the person sentenced in the company.

§ 3. In order to verify if the recognition and surveillance of the judgment and, where appropriate, the decision of probation in Belgium fulfils the condition referred to in § 2, 4 °, the Minister of Justice can load the service of the houses of Justice of public Service federal Justice to draft an information report summary or a social investigation.
S. 10. the Minister of Justice shall inform without delay the issuing State of its decision whether or not to consent to the transmission

the judgment and, where appropriate, the probation decision. If it consents to the transmission of the judgment and, where appropriate, the probation decision, the Minister of Justice shall inform the public prosecutor of the place where the convicted person wishes to reside.
Section 2. -Conditions for recognition and supervision art. 11 § 1. The recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure are denied if the facts for which the judgment and, where appropriate, the probation decision handed down do not constitute a criminal offence under Belgian law.
§ 2. The § 1 does not apply if the acts constitute one of the following for all criminal offences that they are punishable in the issuing State by a custodial sentence of a maximum of at least three years: 1 ° participation in a criminal organisation;
2 ° terrorism;
3 ° trafficking of human beings;
4 ° sexual exploitation of children and child pornography;
5 ° illicit traffic in narcotic drugs and psychotropic substances;
6 ° illicit traffic in arms, ammunition and explosives;
7 ° corruption;
8 ° fraud, including fraud affecting the financial interests of the European communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities;
9 ° laundering of the proceeds of crime;
10 ° counterfeiting and counterfeiting of the euro;
11 ° cybercrime;
12 ° crimes against the environment, including illicit trafficking in endangered animal species, and the smuggling of endangered plant species and species;
13 ° helps the entry and irregular stay;
14 ° voluntary homicide, assault and serious injuries;
15 ° illicit trafficking of organs and human tissue;
16 ° kidnapping, illegal restraint and hostage-taking;
17 ° racism and xenophobia;
18 ° organized or with weapon flights;
19 ° illicit trafficking in cultural goods including antiques and works of art;
20 ° scam;
21 ° racketeering and extortion;
22 ° counterfeiting and piracy of products;
23 ° forgery of administrative documents and trafficking in false;
24 ° forgery of means of payment;
25 ° illicit trafficking in hormonal substances and other growth promoters;
26 ° illicit trafficking in nuclear and radioactive materials;
27 ° trafficking in stolen vehicles;
28 ° rape;
29 ° arson;
30 ° crimes under the international criminal court jurisdiction;
31 ° diversion of aircraft or vessel;
32 ° sabotage.
§ 3. For taxes and taxes, customs and Exchange, the reconnaissance and surveillance of a judgment and, where appropriate, a decision of probation may not be refused on the ground that Belgian law does not impose the same kind tax or taxes or does not contain the same type of legislation on taxes or levies Customs and Exchange as the law of the issuing State.
§ 4. § 2, 14 °, applies neither to the facts of abortion referred in article 350, paragraph 2, of the penal Code, nor to the euthanasia facts covered by Act of 28 May 2002 on euthanasia.
S. 12. the recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure are denied in the following cases: 1 ° the recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure are contrary to the principle "not jeopardy."
2 ° the Belgian law provides immunity that makes it impossible to surveillance of the penalty or measure that accompanies the judgment and, where appropriate, the probation decision;
3 ° the penalty or measure has been pronounced against a person who, according to Belgian law, could not, due to his age, be held criminally responsible for the facts upon which the judgment and, where appropriate, the probation decision;
4 ° the execution of the penalty is prescribed under Belgian law;
5 ° the judgment and, where appropriate, the probation decision includes a measure concerning offers care that even after application of article 17 can be monitored on the Belgian territory in accordance with the legal or Belgian health;
6 ° there are serious reasons to believe that monitoring the penalty or measure would have the effect of infringing the fundamental rights of the person concerned, as they are enshrined in article 6 of the Treaty on European Union.
7 ° the conditions of article 5, paragraph 2, are not fulfilled.
8 ° the transmission of the judgment and, where appropriate, the probation decision is covered by the scheme with prior consent and the agreement of the Minister of Justice was not given in accordance with article 9.
S. 13 § 1.
The recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure may be refused in the following cases: 1 ° judgment and, where appropriate, the probation decision relate to criminal offences which under Belgian law, are regarded as having been committed wholly or largely or mainly on its territory or in a place treated as its territory;
2 ° the penalty or the non-custodial measure is pronounced for a period less than six months;
3 ° the conditions accompanying judgment and, where appropriate, the probation decision, are not the list referred to in article 4;
4 ° according to the certificate the person concerned did not appear in person at the trial that led to the decision, unless the certificate indicates that the person concerned, in accordance with the other procedural requirements laid down in the national law of the issuing State: has) timely, i) either has been cited to anyone and was thus informed of the date and place set for trial that led to the decision , or officially informed and effectively by other means the date and place fixed for the trial, so that it was established so not unequivocally that he had knowledge of the trial scheduled.
and ii) has been informed that a decision could be made in the event of non-attendance;
or (b) having had knowledge of the planned trial, gave a mandate to a legal Council, which has been designated by the person concerned, either by the State, to defend him at trial, and actually defended by this Council during the trial;
or c) after being awarded mean the decision and have been expressly informed of his right to a new procedure of judgment or a procedure of appeal, to which the person concerned has the right to participate and which allows to review the case on its merits, taking account of the new evidence, and may lead to a reversal of the original decision ((: i) has expressly stated that it did not oppose the decision, or ii) did not request a new trial procedure or a procedure of appeal within the time limit.
§ 2. If the certificate is incomplete or manifestly does not correspond to the judgment and, where appropriate, the probation decision, the recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure may be authorised if the executing State considers dispose of sufficient information.
If the executing State considers does not have sufficient information to enable the recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure, it gives a reasonable time to the issuing authority so that the certificate be completed or corrected. If the information is not provided within the period granted, the reconnaissance and surveillance are denied.
Section 3. -Procedure of recognition and monitoring article 14. the authority responsible for the recognition of a judgment and, where appropriate, of a decision of probation is the Crown of the place of lawful and habitual residence of the person concerned or, as the case may be, of the place where it wishes to reside.
S. 15. the certificate sent to the public prosecutor's Office must be translated in Dutch, french, German or English.
When another authority receives judgment and, where appropriate, the probation decision and the certificate, it transmits them automatically to the Crown and shall inform the issuing authority by any means which leaves a written record.
S. 16 § 1. If the issuing authority consults before the public prosecutor, may on that occasion enjoyed by reasoned if the recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure in Belgium contribute to the goal of social rehabilitation and reintegration of the offender into society. To this end, the public prosecutor may load the service of the houses of Justice of public Service federal Justice to draft an information report summary or a social investigation.
§ 2. In order to decide on the recognition of the judgment and, where appropriate, the decision of probation and supervision of the penalty or measure, the Crown checks, upon receipt of the judgment and, where appropriate, the decision of probation and the certificate: 1 ° if there is not appropriate to apply one of the causes of refusal laid down in articles 11 to 13;
2 ° whether behaviors are described in the certificate correspond to those listed in article 11, paragraph 2, in the case where the fact the basis of the judgment and, where appropriate, the probation decision is contained in this list.
§ 3. The public prosecutor's Office checks if the judgment and, where appropriate, the probation decision are accompanied by special conditions such as referred to in article 4.
§ 4. Before deciding not to recognise the judgment and

where appropriate, the probation decision and do not monitor the penalty or the measure on the grounds provided for in articles 12, 1 °, 5 °, 7 °, 8 ° and 13, the public prosecutor shall consult the issuing State by all appropriate means and, where appropriate, he asked to send, without delay, any additional information required.
§ 5. When the Crown decided to invoke one of the grounds for refusal referred to in article 13, it may nevertheless, decide in agreement with the issuing State, to accept the monitoring in Belgium of the conditions accompanying the judgment and, where appropriate, the decision of probation without having to take responsibility with regard to taking decisions thereon when the sentenced person is not conditions imposed or commits a new crime during the test period.
S. 17. If the duration of the sentence or the non-deprivation of liberty, or the duration of the probationary period is incompatible with Belgian law, the Crown may decide to adapt the sentence when it is greater than the maximum penalty laid down by Belgian law for criminal offences of the same nature. The duration of the appropriate sentence cannot be less than the maximum sentence laid down by Belgian law for criminal offences of the same nature.
If the nature of the penalty or measure is incompatible with Belgian law, the public prosecutor may adapt the conviction to a penalty or measure provided for by the Belgian law for similar criminal offences. This penalty or measure must correspond as closely as possible to the conviction in the issuing State.
In no event shall the penalty or measure imposed in the issuing State may be aggravated with regard to its duration or nature.
S. 18 § 1.
Subject to the application of article 19, the public prosecutor shall act as soon as possible, and at the latest within a period of 60 days from the receipt of the judgment and, where appropriate, the decision of probation and the certificate, on the recognition of the judgment and, where appropriate, the probation decision and the monitoring of the penalty or measure and shall inform the issuing State.

§ 2. The decision to recognize or not the judgment and, where appropriate, the decision of probation, monitor the penalty or measure and, possibly, the decision to adapt the sentence are served on the person concerned, when it lies on Belgian territory. The person may challenge the decision of the public prosecutor's Office and enter the room of the Council by application at the registry, within twenty-four hours of the notification of the decision.
The room of the Council shall decide, within a period of fifteen days, only on the basis of article 16, § 2. The decision of the Board of the Council can be the subject of an appeal in cassation.
§ 3. When the reconnaissance and surveillance decision is final and no later than within a period of 60 days from the receipt of the judgment and, where appropriate, the decision of probation and the certificate, the public prosecutor shall inform the issuing State.
§ 4. When the Crown decides to recognize the judgment and, where appropriate, the probation decision, he shall inform the issuing State of any decision to adaptation in accordance with article 17 and takes without delay all necessary measures to ensure monitoring according to the rules of Belgian law the penalty or the non-custodial measure. The decision to recognise the judgment and, where appropriate, the probation decision makes the penalty or measure imposed in the State to show directly and immediately enforceable in Belgium for the part which remains to undergo.
§ 5. If, in exceptional cases, the Crown is not able to meet the 60-day period provided for in § 3, it shall immediately inform the issuing State stating the reasons for the delay and the time that it considers necessary to make a final decision.
S. 19. the decision on the recognition of the judgment and, where appropriate, probation decision and the monitoring of sentencing or measure can be deferred when the certificate referred to in article 7 is incomplete or is manifestly inconsistent with the judgment and, where appropriate, to the decision of probation, for a reasonable period set by the Crown so that it can be supplemented or corrected in accordance with article 13 , § 2.
S.
20. in cases where the issuing State withdraw the certificate based on information relating to the adaptation of the nature or duration of the penalty or measure, while monitoring of the penalty or measure has not yet begun on Belgian territory, the Crown puts an end to the monitoring of the penalty or measure.
The Crown puts an end to monitoring of the sentence or of the measure as soon as it is informed by the State of issuance of any decision or measure which has the effect to remove sentencing its enforceability.
Section 4. -Monitoring of the penalty or measure and consequences article 21 § 1. Without prejudice to article 16, § 5, monitoring of the penalty or measure is governed by Belgian law, including for decisions to be taken when the sentenced person is not imposed conditions or commits a new criminal offence.
§ 2. Monitoring of the condition laid down in article 4, 8 ° can be done by asking the person convicted to prove that the obligation to compensate the damage caused by the criminal offence has been respected.
§
3. If the sentenced person absconds or no longer has lawful and habitual residence in Belgium, the public prosecutor may transfer back to the issuing authority the competence to monitor the penalty or measure.
§ 4. When requested by the issuing authority, due to the existence of a new criminal proceedings against the person convicted, the Crown can transfer to new competence to monitor the penalty or measure that State.
Section 5. -Information to be provided to the issuing State s. 22 § 1. The public prosecutor shall inform without delay the issuing State by any means which leaves a written record: 1 ° of the impossibility practice to monitor the penalty or measure because the convicted person cannot be found on the Belgian territory.
2 ° the decision to recognize the judgment and, where appropriate, the probation decision and assume responsibility for the supervision of the penalty or measure;
3 ° any reasoned decision of refusal of recognition of the judgment and, where appropriate, the decision of probation;
4 ° of the reasoned decision to adapt the penalty or measure in accordance with article 17;
5 ° of the reasoned decision not to recognize a judgment and, where appropriate, a decision of probation when amnesty or grace are granted;
6 ° of any modification of the penalty or the non-custodial measure;
7 ° of the revocation of the probationary sentence or parole decision;
8 ° the execution of a custodial sentence due to non-observance of the conditions imposed;
9 ° of the extinction of the sentence or the non-custodial measure;
10 ° of any circumstance or finding that seemed likely to bring the adoption of one or more of the decisions referred to the 6 ° to 9 °.

§ 2. When the Crown has accepted monitoring of the penalty or measure in application of article 16, § 5, it must also inform the issuing State of any breach of the penalty or measure through a form prepared in the form specified in Schedule 2 of this Act.
S. 23. where the State of issue the request, the public prosecutor informed him immediately after receipt of the judgment and, where appropriate, decision of probation and the certificate and by any medium capable of delivering a written record of the maximum duration of the deprivation of liberty provided for in Belgian law for the offence that gave rise to the judgment and which could be imposed on persons convicted in the event of failure to comply with the conditions imposed.
CHAPTER 4. -Procedure relating to the recognition and monitoring in another Member State of the European Union of a judgment and, where appropriate, of a probation decision rendered in Belgium Section 1st.
-Competent authority of issue arts. 24. the authority competent to pass judgment and, where appropriate, a decision of probation for the purposes of recognition and supervision in another Member State is the Crown of the place of lawful and habitual residence or, as the case may be, of the place of conviction.
Section 2. -Procedure of issue arts. 25. when the consent of the executing State is required under article 5, § 3, the Crown asked the executing State to give its prior consent to the transmission of the judgment and, where appropriate, the probation decision.
If the executing State gives its consent, the Crown passes judgment and, where appropriate, the probation decision accompanied by the certificate to the authority for the purpose of reconnaissance and surveillance.
S. 26 § 1.
The public prosecutor's address to the competent authority of another judgment and, where appropriate, the decision of probation of the certificate which must be translated into the official language or one of the official languages of that State or in one or more other official languages of the institutions of the Union European that this State accepts by virtue of a declaration made to the general Secretariat of the Council of the Union European where the following conditions are fulfilled: 1 °

the executing State has consented to the transmission of the judgment and, where appropriate, the decision of probation and the certificate in accordance with article 5 § 3; and 2 ° the Crown acquired the certainty that the execution of the sentence in the executing State contributes to achieving the objective of social reintegration.
Judgment and, where appropriate, the probation decision accompanied by the certificate can be sent only to a single State of execution at a time.
§ 2.
If the competent authority of the executing State is not known, the necessary research can be performed by any means, including via the contact points of the European judicial network, in sight to obtain that information from the executing State.
Section 3. -Issuance of the judgment and, where appropriate, the probation decision and consequences s. 27. the penalty or measure can no longer be executed on Belgian territory as soon as the public prosecutor is informed by the State for the implementation of the recognition of the judgment and, where appropriate, the decision of probation and supervision of the penalty or measure.
S. 28 § 1. The Crown covers the competence to monitor the penalty or measure when the State of execution transfer jurisdiction to the Crown following: 1 ° the request of the Crown due to the existence of a new criminal proceedings against the person convicted in Belgium;
2 ° the finding that the sentenced person has fled or has more lawful and habitual residence in the executing State.

§ 2. In the cases referred to the § 1, the Crown monitors the penalty or measure taking into account of the period during which the sentenced person has met the conditions accompanying the judgment and, where appropriate, the decision of probation on the territory of the State of enforcement as well as any decision taken by the authority execution and relative to: 1 ° the modification of the penalty or non-deprivation of liberty;
2 ° the revocation of the probationary sentence or parole decision;
3 ° the execution of a custodial sentence due to non-observance of the conditions imposed;
(4) the termination of the sentence or the non-custodial measure;
(5) any circumstance or finding that seemed likely to bring the adoption of one or more of the decisions referred to in 1 ° to 4 °.
S. 29. the monitoring can be resumed on Belgian territory as soon as the public prosecutor decides to withdraw the certificate, provided that such monitoring has not yet begun in the territory of the executing State: 1 ° following the information by the State of execution of its decision to adapt the conditions accompanying the judgment, and, where appropriate, the decision of probation;
or 2 ° after being informed at his request by the State of implementation of the maximum duration of the deprivation of liberty provided for by its law Belgian for the criminal offence giving rise to the judgment and, where appropriate, the probation decision, and which could be imposed on the person convicted for breaches of the conditions accompanying the judgment and where appropriate, the probation decision.
In the case referred to in the paragraph 1, 2 °, the public prosecutor must inform, by any medium capable of delivering a written record, the issuing State of its decision to withdraw the certificate at the latest within ten days of the receipt of the information.
S. 30 when the executing State has said it will refuse to assume jurisdiction for decisions to be taken either in the event of non-compliance by the sentenced person the conditions imposed either when a person commits a new criminal offence during the period of test and when the executing State transmits to this end prepared in the prescribed form in the annex 2 of this Act This jurisdiction falls within the rules of Belgian law applicable in this field.
Section 4. -Information to be transmitted to the executing State s. 31. the Crown shall inform without delay the State of execution by any medium capable of delivering a written record: 1 ° of the revocation of the probationary sentence or decision of parole;
2 ° of the execution of a sentence or a measure involving the deprivation of liberty if it is not contained in the judgment and, where appropriate, the probation decision;
3 ° of the pronouncement of a sentence or a measure involving the deprivation of liberty if it is not contained in the judgment and, where appropriate, the probation decision;
4 ° of the extinction of the penalty or the non-custodial measure.
CHAPTER 5. -Disposition transitional art. 32 § 1. This Act applies to the transmission of judgments: 1 ° any person sentenced in Belgium to the European Union Member State and;
2 ° any person convicted in a Member State of the European Union to the Belgium.
§ 2. In relations with Member States which have not transposed Council framework decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and decisions of probation for the purposes of the supervision of probation measures and alternative sanctions, the provisions laid down in chapter V of the law of May 23, 1990 on the inter-State transfer of sentenced persons the resumption and the transfer of supervision of conditionally sentenced conditionally or released conditionally and the resumption and transfer of execution of sentences and custodial measures, and existing instruments in the field of the implementation and the monitoring measures not involving the deprivation of liberty shall continue to apply.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, May 21, 2013.
ALBERT by the King: sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives: Documents. -Bill, 53-2648 - No. 1.
-Report, 53-2648 - No. 2. Text corrected by the commission 53-2648 - No. 3. -Text adopted in plenary meeting and forwarded to the Senate, 53-2648 - No. 4.
Senate: Document. -Project not mentioned by the Senate, 5-2019 - No. 1.

For the consultation of the table, see image