An Act To Amend The Criminal Code To Bring It Into Conformity With The International Convention For The Suppression Of Acts Of Nuclear Terrorism, Done At New York On 14 September 2005, And The Amendment Of The Convention On The Physical Protection Of

Original Language Title: Loi modifiant le Code pénal afin de le mettre en conformité avec la Convention internationale pour la répression des actes de terrorisme nucléaire, faite à New York, le 14 septembre 2005, et avec l'Amendement de la Convention sur la protection physique de

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=2013009250&caller=list&article_lang=F&row_id=1200&numero=1256&pub_date=2013-06-06&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-06-06 Numac: 2013009250 SERVICE PUBLIC FÉDÉRAL JUSTICE 23 May 2013. -Act to amend the Criminal Code to bring it into conformity with the International Convention for the Suppression of acts of nuclear terrorism, done at New York on 14 September 2005, and with the amendment of the Convention on the physical protection of nuclear material, adopted at Vienna on 8 July 2005 by the Conference of the States parties to the Convention (1) ALBERT II , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S.
2. in article 331bis of the penal Code, inserted by the Act of 17 April 1986 and amended by the law of 23 January 2003 and April 4, 2003, 1 is replaced by the following: "1 ° that which, for the purpose of causing death or serious bodily injury to another person or substantial damage to property or the environment. threatens to use substances or radioactive or threat to commit an act directed against a nuclear facility or disrupt the operation of such a facility;
».
S. 3. article 487bis of the Code, inserted by the Act of 17 April 1986, is replaced by the following: «art.» 487bis. § 1. Nuclear material means nuclear material referred to in article 1, 8th indent, of the Act of 15 April 1994 on the protection of the population and the environment against the dangers arising from ionizing and radiation relative to the Federal Agency for nuclear control.
§ 2. Radioactive material means any nuclear material or other radioactive substance containing nuclides which disintegrate spontaneously, process accompanied by emission of one or more types of ionizing radiation such as alpha, beta, gamma and neutron radiation, and which could, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or the environment.
§ 3. Nuclear installation means: a) any nuclear reactor, including a reactor onboard a ship, vehicle, aircraft or a spacecraft as a source of energy used to propel such vessel, vehicle, aircraft or spacecraft, or for any other purpose;
(b) any device or unit of transport equipment for the purposes of produce, store, reprocess or transporting radioactive material.
§ 4. Gear is meant: has) any nuclear explosive device; or (b) any dispersion of radioactive device or any vehicle emitting radiation which, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or the environment.
§
5. Operator of a facility where nuclear materials are produced, processed, used, handled, stored or stored permanently, means any physical or legal person who assumes responsibility for such a facility.
§ 6. Per person outside of a facility where nuclear materials are produced, processed, used, handled, stored or stored permanently, it means the natural person who is not related, directly or otherwise, by a contract of employment, internship or training agreement or a contract for the provision of work or services, to a facility where nuclear materials are produced processed, used, handled, stored or stored permanently. ».
S. 4. in book II, title IX, of the Code, the title of chapter 1bis, inserted by the Act of 17 April 1986, is replaced by the following: 'of the physical protection of nuclear materials and other radioactive materials.
S. 5. article 488bis of the Code, inserted by the Act of 17 April 1986 and amended by the law of 10 July 1996 and 23 January 2003, is added to § 4 worded as follows: ' ' § § 4 4 Shall be punished by imprisonment of fifteen to twenty years, anyone who, intentionally and without there be authorised by the competent authority or outside the conditions laid down when authorization commits an act directed against nuclear material or a facility where nuclear materials are produced, processed, used, handled, stored or stored permanently, or an act disrupting the operation of such a facility , if, by these acts and as a result of exposure to radiation or radioactive substances is released: 1 ° it causes intentionally or knows that it can result in death or serious injury to another person or substantial damage to property or the environment; or 2 ° he intentionally forced a physical or legal person, an international organization or a Government to perform an act or to refrain. ».
S.
6. in book II, title IX, chapter Ibis, the same Code, it is inserted an article 488ter as follows: «art.» 488ter. shall be punished by imprisonment of ten to fifteen years, anyone who, intentionally and without there be authorised by the competent authority or outside the conditions laid down when authorization, possesses, manufactures, uses in any way radioactive material other than nuclear or radioactive devices or commits an act directed against radioactive material other than nuclear or radioactive devices , if, by these acts: 1 ° it causes intentionally or knows that it can result in death or serious injury to another person or substantial damage to property or the environment; or 2 ° he intentionally forced a physical or legal person, an international organization or a Government to perform an act or to refrain. ».
S.
7. in the same chapter of the Code, it is inserted an article 488quater as follows: «art.» 488quater. shall be punished by imprisonment of five to ten years, anyone who demands, intentionally and without qualify by the competent authority or outside the conditions laid down when authorization, the delivery of material or radioactive or nuclear facilities by resorting to threat, under circumstances which render it credible, or use of force. ».
S. 8. in the same chapter of the Code, it is inserted an article 488quinquies, worded as follows: «art.» 488quinquies. is punishable by imprisonment of one month to two years and a fine of one hundred fifty thousand euros or one of those penalties only, anyone outside a facility where nuclear materials are produced, processed, used, handled, stored or stored permanently that, without an order of the authority and except in the cases where the law permits, enters or attempts to enter the parties of such a facility to which access is limited to persons referred to in article 8bis, §§ 1 to 4, of the Act of December 11, 1998 to the classification and the clearances, certificates and safety notices, either without authorized to do so by the operator or his agent, or through fraudulent likely to abuse the operator or its agent on its legitimacy to enter these parts of the installation. ».
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 23 May 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2672 - No. 1. -Amendments 53-2672 - Nos. 2 and 3. -Report, 53-2672 - No. 4. -Text adopted by the commission (article 78 of the Constitution), 53-2672 - No. 5. -Text adopted by the Committee (art.
77 of the Constitution), 53-2672 - No. 6. -Erratum, 53-2672 - No. 7. -Text adopted in plenary meeting and transmitted to the Senate, 53-2672 - No. 8.
Compte rendu intégral. -25 April 2013.
Senate.
Documents.
-Project not mentioned by the Senate, 5-2050 - No. 1.
See also: House of representatives.
Documents.
-Text adopted in plenary meeting and forwarded to the Senate, 53-2773 - No. 1.
Compte rendu intégral.
-25 April 2013.
Senate.
Documents. -Draft transmitted by the House of representatives, 5-2051 - No. 1.