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)

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21 MAI 2013. - Act respecting the application of the principle of mutual recognition to probation judgments and decisions for the purpose of monitoring probation measures and substitute penalties imposed in a Member State of the European Union (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Preliminary provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - General principles
Art. 2. § 1er. This Act governs the recognition of judgments and, where appropriate, probation decisions and the supervision of non-custodial sentences or measures as referred to in Article 3 in the territory of a Member State of the European Union other than that which has pronounced the judgment.
The aim is to facilitate the social reintegration of the sentenced person and to improve the protection of victims and society.
§ 2. In the relations between Belgium and the other Member States of the European Union and without prejudice to article 32, this Act replaces, for the execution of judgments pronouncing a conditional sentence or release under condition, the provisions set out in chapter V of the Act of 23 May 1990 on the interstate transfer of sentenced persons, the resumption and transfer of supervision of persons convicted under condition or released under condition as well as the resumption and transfer of execution of
Art. 3. For the purposes of this Act:
1st judgment: a final decision by a court of the issuing State that a natural person committed a criminal offence and declares:
(a) a custodial sentence or measure if a conditional release has been granted on the basis of that judgment or a subsequent probation decision;
(b) a sentence with probation;
(c) a conditional sentence; or
(d) a replacement sentence;
2° penalty with probation: a sentence or measure of deprivation of liberty whose execution is suspended under condition, in whole or in part, at the time of conviction, as a result of the adoption of one or more probation measures. These probation measures are included in the judgment itself or arrested in a separate probation decision by a competent authority;
3° a conditional sentence: a judgment adjournment of a sentence due to the adoption of one or more probation measures, or imposing one or more probation measures instead of a sentence or custodial measure. These probation measures are included in the judgment itself or arrested in a separate probation decision by a competent authority;
4th alternative penalty: a penalty not constituting a penalty or measure of deprivation of liberty or a monetary penalty, imposing an obligation or order;
5th Probation Decision: a final judgment or decision rendered by a competent authority of the issuing State on the basis of such a judgment:
(a) granting parole, or;
(b) Probation;
6° Conditional release: a final decision, rendered by a competent authority or arising out of national law, pronouncing the early release of a convicted person, after the execution of part of the sentence or deprivation of liberty, as a result of the adoption of one or more probation measures;
7° Probation measures: obligations or injunctions imposed by a competent authority to a natural person in accordance with the provisions of Belgian law of the issuing State in connection with a suspended sentence, conditional sentence or conditional release;
8° State of issue: the Member State of the European Union in which the judgment was rendered;
9° Implementing State: the Member State of the European Union in which probation and substitution measures are monitored following a decision rendered in accordance with Article 18;
10° certificate: the document whose model is listed in Appendix 1resigned by the competent authority of the issuing State which certifies that its content is accurate.
Art. 4. This Act applies where one of the following conditions accompanies the judgment and, where applicable, the probation decision:
1° the duty of the sentenced person to inform a specified authority of any change in domicile or place of work;
2° the obligation not to travel to certain places, places or specified areas of the issuing State or the enforcement State;
3° the obligation with restrictions on the possibility of leaving the territory of the enforcement State;
4° injunctions concerning behaviour, residence, training, leisure, or involving restrictions or modalities for the exercise of a professional activity;
5° the obligation to submit to a specified authority at specific times;
6° the obligation to avoid contact with specified persons;
7° the obligation to avoid any contact with specific objects that have been used by the convicted person or could be used to commit a criminal offence;
8° the obligation to financially repair the harm caused by the criminal offence or the obligation to prove that this obligation has been fulfilled;
9° the obligation to undertake work of general interest;
10° the obligation to cooperate with a probation officer or with a representative of a social service performing duties related to convicted persons;
11° the obligation to undergo medical care or detox treatment.
Art. 5. This Act establishes a regime without prior agreement of the enforcement State and a regime with prior agreement of the enforcement State.
The regime without prior agreement applies to the transmission of judgments and, where applicable, probation decisions and certificates for the purpose of recognition and supervision to the Member State in the place of the legal and usual residence of the convicted person, when the convicted person is returned or wishes to return to that State.
The regime with prior agreement of the enforcement State shall apply, at the request of the sentenced person, to the transmission of judgments and, where applicable, probation decisions and certificates for the purpose of recognition and supervision to any other Member State of the European Union in which the convicted person wishes to reside.
However, the request of the convicted person does not create an obligation in the head of the issuing State, the latter alone decided to transmit the judgment and, if necessary, the decision on probation and the certificate to another member State.
Art. 6. The competent Belgian authorities consult the competent authorities of the other Member State concerned whenever the situation requires.
Only the issuing State may rule on an appeal for a review of the judgment stating the conviction to be executed under this Act.
Art. 7. The judgment and, where applicable, the decision of probation, or a certified copy thereof, shall be transmitted by any means leaving a written record to a single State of execution at once. They're accompanied by the certificate.
The original of the judgment and, where applicable, the probation decision, or the certificate, or a certified copy thereof, shall be transmitted to the enforcement State upon request.
Art. 8. The costs resulting from the execution of the judgment and, if necessary, from the decision of probation pronounced in another Member State of the European Union are borne by Belgium, excluding the costs incurred exclusively in the territory of that other Member State.
CHAPTER 3. - Procedure for the recognition of a judgment and, where applicable, a probation decision rendered in another Member State of the European Union and for the supervision of the sentence or measure
Section 1re. - Competent authority
to give the prior agreement
Art. 9. § 1er. In the cases referred to in Article 5, § 3, the competent authority to give the prior agreement to the transmission of a judgment and, where applicable, a probation decision accompanied by the certificate is the Minister of Justice.
§ 2. Before making its decision, the Minister of Justice verifies:
1° if the convicted person does not constitute a threat to public order;
2° if the sentenced person meets the conditions related to his or her establishment in Belgian territory;
3° if there are clear evidence that the penalty or measure could not be executed on Belgian territory in accordance with the Belgian legal system;
4° if the recognition and monitoring of the penalty or measure in Belgian territory contributes to the goal of social reintegration and reintegration of the sentenced person in society.
§ 3. In order to verify whether the recognition and supervision of the judgment and, if necessary, of the probation decision in Belgium fulfils the condition referred to in § 2, 4°, the Minister of Justice may charge the Department of Justice Houses of the Federal Public Service Justice to prepare a brief information report or to conduct a social inquiry.
Art. 10. The Minister of Justice shall promptly inform the issuing State of its decision to consent or not to the transmission of the judgment and, where appropriate, the probation decision. If the Minister of Justice 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 of recognition and monitoring
Art. 11. § 1er. Recognition of the judgment and, where appropriate, of the probation decision and the supervision of the sentence or measure shall be denied if the facts for which the judgment and, if applicable, the probation decision were pronounced do not constitute a criminal offence under Belgian law.
§ 2. § 1er does not apply if the facts constitute one of the following criminal offences, provided that they are punished in the State of issue of deprivation of liberty for a maximum of three years:
1st participation in a criminal organization;
2° terrorism;
3° deals with human beings;
4° sexual exploitation of children and child pornography;
5° illicit trafficking in narcotic drugs and psychotropic substances;
6° illicit trafficking in weapons, 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 proceeds of crime;
10° false monnayage and counterfeit of the euro;
11° cybercrime;
12° crimes against the environment, including illicit trafficking in endangered animal species, and illicit trafficking in endangered species and plant species;
13° assists in the irregular entrance and stay;
14° wilful homicide, serious injuries and injuries;
15° illicit trafficking in human organs and tissues;
16° kidnapping, sequestration and hostage taking;
17° Racism and xenophobia;
18° organized or with weapon;
19° Illicit trafficking in cultural property including antiques and works of art;
20° scam;
21st racket and extortion of funds;
22° counterfeit and hacking of products;
23° falsification of administrative documents and traffic of false;
24° falsification of means of payment;
25° illicit trafficking in hormones and other growth factors;
26° illicit trafficking in nuclear and radioactive materials;
27° traffic of stolen vehicles;
28° rape;
29° voluntary fire;
30° crimes within the jurisdiction of the International Criminal Court;
31° diversion of aircraft or ship;
32° sabotage.
§ 3. With regard to taxes, customs and currency, the recognition and supervision of a judgment and, where applicable, a probation decision may not be refused on the ground that the Belgian law does not impose the same type of taxes or taxes or does not contain the same type of tax or tax, customs and exchange regulations as the legislation of the issuing State.
§ 4. § 2, 14°, does not apply to the acts of abortion referred to in section 350, paragraph 2, of the Criminal Code, or to the acts of euthanasia referred to in the Act of 28 May 2002.
Art. 12. Recognition of the judgment and, where applicable, of the probation decision and supervision of the sentence or measure shall be denied in the following cases:
1° the recognition of the judgment and, where appropriate, of the probation decision and the supervision of the sentence or the measure are contrary to the principle "ne bis in idem";
2° Belgian law provides for immunity which makes it impossible to monitor the sentence or the measure that accompanies the judgment and, where applicable, the decision on probation;
3° the penalty or measure has been imposed against a person who, according to Belgian law, could not, because of his age, be criminally responsible for the facts on which the judgment is pronounced and, where appropriate, the decision on probation;
4° the execution of the sentence is prescribed under Belgian law;
5° the judgment and, where applicable, the probation decision contains a measure concerning medical-therapeutic care which, even after application of article 17, cannot be monitored in Belgian territory in accordance with the Belgian legal or health system;
6° there are serious reasons to believe that the monitoring of the penalty or measure would have the effect of violating the fundamental rights of the person concerned, as enshrined in Article 6 of the Treaty on the European Union.
7° the conditions of Article 5, § 2, are not fulfilled;
8° the transmission of the judgment and, where applicable, of the probation decision shall be the subject of the regime with prior agreement and the agreement of the Minister of Justice has not been given in accordance with section 9.
Art. 13. § 1er. Recognition of the judgment and, where appropriate, the probation decision and the supervision of the sentence or measure may be denied in the following cases:
1° the judgment and, where applicable, the probation decision shall deal with criminal offences which, according to Belgian law, are considered to have been committed in whole or in large part or essentially in its territory or in a place assimilated to its territory;
2° the penalty or non-custodial measure shall be imposed for a period of less than six months;
3° the conditions accompanying the judgment and, where applicable, the decision of probation shall not fall within the list referred to in section 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 defined in the national legislation of the issuing State:
(a) in a timely manner,
(i) has been cited to person and has been informed of the date and place set for the trial that led to the decision, or has been formally and effectively informed by other means of the date and place set for the trial, so that it has been unequivocally established that it has been informed of the trial scheduled;
and
(ii) was informed that a decision could be made in case of non-compartment;
or
(b) having been informed of the scheduled trial, gave a warrant to a legal council, which was designated either by the person concerned or by the State, to defend him at trial, and was effectively defended by that council during the trial;
or
(c) after being served on the decision and having been expressly informed of its right to a new trial or appeal procedure, to which the person concerned has the right to participate and which allows the case to be reviewed on the merits, taking into account the new evidence, and may result in a failure of the original decision:
(i) expressly stated that it did not contest the decision,
or
(ii) did not request a new trial or appeal procedure within the time limit.
§ 2. If the certificate is incomplete or is manifestly not consistent with the judgment and, where appropriate, the decision on probation, the recognition of the judgment and, where applicable, the decision on probation and the supervision of the sentence or measure may be authorized if the enforcement State considers that it has sufficient information.
If the enforcement State considers that it does not have sufficient information to allow the recognition of the judgment and, where applicable, of the probation decision and the supervision of the sentence or the measure, it shall grant a reasonable time to the issuing authority for the certificate to be completed or corrected. If the information is not provided within the time limit, recognition and monitoring are denied.
Section 3. - Recognition and Monitoring Procedure
Art. 14. The competent authority for the recognition of a judgment and, where appropriate, a probation decision shall be the public prosecutor's office of the place of legal and habitual residence of the person concerned or, as the case may be, the place where the person wishes to reside.
Art. 15. The certificate sent to the public ministry must be translated into Dutch, French, German or English.
When another authority receives the judgment and, where appropriate, the probation decision and the certificate, it shall forward it to the Public Prosecutor's Office and shall inform the issuing authority of it by any means leaving a written record.
Art. 16. § 1er. If the issuing authority consults with the Public Prosecutor's Office beforehand, it may, on this occasion, assess by reason of a decision whether the recognition of the judgment and, if necessary, of the probation decision and the supervision of the sentence or measure in Belgium contribute to the goal of social reintegration and reintegration of the convicted person in society. To this end, the Public Prosecutor's Department may charge the Department of Justice's Houses of Justice to prepare a brief information report or conduct a social inquiry.
§ 2. In order to determine the recognition of the judgment and, where appropriate, the probation decision and the supervision of the sentence or measure, the Public Prosecutor's Office shall, upon receipt of the judgment and, where applicable, the probation decision and the certificate:
1° where there is no need to apply one of the reasons for refusal provided for in sections 11 to 13;
2° if the behaviours as described in the certificate correspond well to those found in Article 11, § 2, in the case where the fact at the basis of the judgment and, where applicable, the decision of probation is contained in this list.
§ 3. The Public Prosecutor's Office shall verify whether the judgment and, where appropriate, the probation decision are accompanied by specific conditions as referred to in section 4.
§ 4. Before deciding not to recognize the judgment and, where appropriate, the decision on probation and not to monitor the sentence or measure for the reasons provided for in articles 12, 1°, 5°, 7°, 8° and 13, the Public Prosecutor's Office shall consult with the issuing State by all appropriate means and, where appropriate, shall request the State to promptly send any additional information necessary.
§ 5. When the public prosecutor has decided to invoke one of the grounds for refusal referred to in Article 13, he may nevertheless decide, in agreement with the issuing State, to accept the supervision in Belgium of the conditions accompanying the judgment and, if so, the decision of probation without having to assume responsibility for the subsequent decision-making when the convicted person does not observe the conditions imposed or commits a new criminal trial period.
Art. 17. If the length of the sentence or non-custodial measure, or the duration of the probation period, is incompatible with Belgian law, the Public Prosecutor's Office may decide to adapt this sentence only when it exceeds the maximum penalty provided for by Belgian law for criminal offences of the same nature. The duration of the appropriate sentence may not be less than that of the maximum penalty provided by Belgian law for criminal offences of the same nature.
If the nature of the sentence or measure is incompatible with Belgian law, the Public Prosecutor ' s Office may adapt the sentence to a sentence or measure provided for in Belgian law for similar criminal offences. This penalty or measure must correspond as much as possible to the sentencing in the issuing State.
In no case may the penalty or measure imposed in the issuing State be aggravated with respect to its duration or nature.
Art. 18. § 1er. Subject to the application of Article 19, the Public Prosecutor's Office shall decide as soon as possible, and no later than sixty days from the date of receipt of the judgment and, if any, the decision of probation and the certificate, the recognition of the judgment and, if any, the decision of probation and the supervision of the sentence or measure, and shall inform the issuing State of it.
§ 2. Whether or not the decision to recognize the judgment and, where appropriate, the decision to probation, to monitor the sentence or the measure and, eventually, the decision to adapt the sentence shall be served on the person concerned, when it is in Belgian territory. The person may challenge the decision of the Public Prosecutor ' s Office and apply to the Board by request to the Registry within 24 hours of the service of the decision.
The Council Chamber shall rule, within fifteen days, only on the basis of Article 16, § 2. The decision of the board's board may be appealed in cassation.
§ 3. When the decision for recognition and supervision is final and no later than sixty days after the receipt of the judgment and, where applicable, the probation decision and the certificate, the public prosecutor shall inform the issuing State of the decision.
§ 4. When the public prosecutor decides to recognize the judgment and, where appropriate, the decision on probation, he shall inform the issuing State of any decision of adaptation made in accordance with article 17 and shall promptly take all necessary measures for the supervision of the non-custodial penalty or measure under Belgian law. The decision to recognize the judgment and, where appropriate, the probation decision renders the penalty or measure imposed in the issuing State directly and immediately enforceable in Belgium for the remaining party.
§ 5. If, in exceptional cases, the Public Prosecutor's Office is not in a position to comply with the 60-day period provided for in § 3, it shall promptly inform the State of issue by indicating the reasons for the delay and the time it considers necessary to make the final decision.
Art. 19. The decision concerning the recognition of the judgment and, where appropriate, the decision on probation and the supervision of the sentence or measure may be postponed if the certificate referred to in Article 7 is incomplete or manifestly not in accordance with the judgment and, if applicable, the decision on probation, for a reasonable period of time fixed by the Public Prosecutor so that it may be completed or corrected in accordance with Article 13, § 2.
Art. 20. In the event that the issuing State withdraws the certificate as a result of information relating to the adaptation of the nature or duration of the sentence or measure, while the monitoring of the penalty or measure has not yet begun in Belgian territory, the public ministry puts an end to the monitoring of the penalty or measure.
The Public Prosecutor's Office puts an end to the monitoring of the penalty or measure as soon as it is informed by the issuing State of any decision or measure that has the effect of removing its enforceability from the conviction.
Section 4. - Penalty surveillance
and its consequences
Art. 21. § 1er. Without prejudice to Article 16, § 5, the supervision of the penalty or measure is governed by Belgian law, including for decisions to be taken when the convicted person does not observe the conditions imposed or commits a new criminal offence.
§ 2. Supervision of the condition under section 4, 8° may be performed by requesting the convicted person to demonstrate that the obligation to repair the harm caused by the criminal offence has been met.
§ 3. If the convicted person is fleeing or has no longer his or her legal and usual residence in Belgium, the public prosecutor may relocate to the issuing authority the authority to monitor the sentence or measure.
§ 4. When the issuing authority so requests, due to the existence of a new criminal procedure against the convicted person, the public prosecutor may re-transfer the authority to monitor the sentence or measure to the state.
Section 5. - Information
to transmit to the issuing State
Art. 22. § 1er. The public ministry shall promptly inform the issuing State by any means leaving a written record:
1° the practical impossibility of monitoring the penalty or measure because the sentenced person cannot be found in Belgian territory;
2° of the decision to recognize the judgment and, where appropriate, the decision to probation and to assume responsibility for the supervision of the sentence or the measure;
3° of any reasoned decision to refuse recognition of the judgment and, if any, of the probation decision;
4° of the reasoned decision to adapt the sentence or measure in accordance with Article 17;
5° of the reasoned decision not to recognize a judgment and, where appropriate, a probation decision when amnesty or grace are granted;
6° of any change of sentence or non-custodial measure;
7° the revocation of probation or parole;
8° the execution of a custodial sentence due to the non-observance of the conditions imposed;
9° the extinction of the penalty or non-custodial measure;
10° of any circumstance or finding that it appears likely to take the adoption of one or more of the decisions referred to in 6° to 9°.
§ 2. When the public prosecutor has accepted the supervision of the penalty or measure under Article 16, § 5, it must also inform the issuing State of any breach of sentence or measure through a form established in the forms prescribed in Schedule 2 to this Act.
Art. 23. When the State of issue so requests, the Public Prosecutor's Office shall immediately inform it after receiving the judgment and, where appropriate, the decision on probation and the certificate and by any means leaving a written record of the maximum duration of the deprivation of liberty provided for in Belgian law for the criminal offence that gave rise to the judgment and which could be pronounced against persons convicted in the event of non-compliance with the conditions imposed.
CHAPTER 4. - Procedure for the recognition and supervision in another Member State of the European Union of a judgment and, if applicable, of a probation decision rendered in Belgium
Section 1re. - Competent issuing authority
Art. 24. The competent authority to transmit a judgment and, where appropriate, a probation order for recognition and supervision in another Member State shall be the Public Prosecutor's Department of the place of legal and habitual residence or, as the case may be, the place of conviction.
Section 2. - Emission procedure
Art. 25. Where the prior agreement of the enforcement State is required under Article 5, § 3, the Public Prosecutor's Office requests the enforcement State to give its consent prior to the transmission of the judgment and, where appropriate, the probation decision.
If the Implementing State gives its prior consent, the Public Prosecutor's Office shall forward the judgment and, where appropriate, the probation decision accompanied by the certificate to the enforcement authority for the purpose of recognition and supervision.
Art. 26. § 1er. The Public Prosecutor's Office shall address to the competent authority of another Member State the judgment and, where appropriate, the decision of probation accompanied by the certificate which shall be translated into the official language or in one of the official languages of that State or in one or more other official languages of the institutions of the European Union that the State accepts under a declaration made to the General Secretariat of the Council of the European Union, where the following conditions are met:
1° the Implementing 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 public ministry has acquired the certainty that the execution of the sentence in the enforcement state contributes to the goal of social reintegration.
The judgment and, if applicable, the probation decision accompanied by the certificate may only be transmitted to one State of enforcement at a time.
§ 2. If the competent authority of the enforcement State is not known, the necessary research may be carried out by any means, including via the points of contact of the European judicial network, in order to obtain this information from the enforcement State.
Section 3. - Emission of judgment and,
where applicable, the probation decision and its consequences
Art. 27. The penalty or measure can no longer be carried out in Belgian territory as soon as the public prosecutor is informed by the enforcement State of the recognition of the judgment and, where applicable, of the decision on probation and the supervision of the sentence or measure.
Art. 28. § 1er. The Public Prosecutor ' s Office shall have jurisdiction to monitor the penalty or measure when the Implementing State transfers jurisdiction to the Public Prosecutor ' s Office following:
1° the request of the public prosecutor because of the existence of a new criminal procedure against the sentenced person in Belgium;
2° the finding that the convicted person has fled or has no longer his legal and habitual residence in the enforcement State.
§ 2. In cases referred to in § 1er, the Public Prosecutor's Office shall monitor the penalty or measure, taking into account the period in which the convicted person has complied with the special conditions accompanying the judgment and, where applicable, the probation decision in the territory of the enforcement State and any decision taken by the enforcement authority relating to:
1° change of sentence or non-custodial measure;
2° revocation of probation or parole decision;
3° the execution of a custodial sentence due to the non-observance of the conditions imposed;
4° the extinction of the penalty or non-custodial measure;
5° any circumstance or finding that it appears likely to prevail the adoption of one or more of the decisions referred to in 1° to 4°.
Art. 29. Monitoring may be resumed in 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 State of Enforcement:
1° as a result of the information by the enforcement State of its decision to adapt the conditions accompanying the judgment, and, where appropriate, the probation decision; or
2° after being informed at his request by the enforcement State of the maximum duration of the deprivation of liberty provided for in Belgian law for the criminal offence that gave rise to the judgment and, where applicable, the decision of probation, and that could be pronounced against the sentenced person in case of non-compliance with the conditions accompanying the judgment and, where applicable, the decision of probation.
In the case referred to in paragraph 1er, 2°, the public prosecutor must inform, by any means leaving a written record, the issuing State of its decision to withdraw the certificate no later than ten days after receipt of the information.
Art. 30. When the enforcement State has declared that it will refuse to take jurisdiction over the decisions to be taken either in the event of non-observance by the sentenced person of the conditions imposed or when the person commits a new criminal offence during the trial period and when the enforcement State transmits to that end the form established in the forms prescribed in Annex 2 to this Act, the said jurisdiction shall be governed by the rules of Belgian law applicable in this matter.
Section 4. - Information to be transmitted to the Implementing State
Art. 31. The public ministry shall promptly inform the State of execution by any means leaving a written record:
1° of revocation of probation or parole;
2° the execution of a sentence or custodial measure if it is not contained in the judgment and, where applicable, the probation decision;
3° of a sentence or custodial measure if the sentence is not contained in the judgment and, where applicable, the probation decision;
4° of the death penalty or the non-custodial measure.
CHAPTER 5. - Transitional provision
Art. 32. § 1er. This Act applies to the transmission of judgments:
1° of any person sentenced in Belgium to a Member State of the European Union and
2° of any person sentenced in a Member State of the European Union to Belgium.
§ 2. In relations with Member States that have not transposed Council Framework Decision 2008/947/JAI of 27 November 2008 concerning the application of the principle of mutual recognition to judgments and probation decisions for the monitoring of probation measures and alternative penalties, the provisions set out in Chapter V of the Act of 23 May 1990 on the interstate transfer of convicted persons, the resumption and transfer of supervision of convicted persons
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 May 2013.
ALBERT
By the King:
Seal of the state seal:
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 commission, 53-2648 - No. 3. - Text adopted in plenary and transmitted to the Senate, 53-2648 - No. 4.
Senate:
Document. - Project not referred to by the Senate, 5-2019 - No. 1.

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