Advanced Search

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 for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

23 MAI 2013. - An Act to amend the Criminal Code to bring it into conformity with the International Convention for the Suppression of Acts of Nuclear Terrorism, made in 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 adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 331bis of the Criminal Code, inserted by the Act of 17 April 1986 and amended by the Acts of 23 January 2003 and 4 April 2003, the first is replaced by the following:
"One who, for the purpose of causing death or serious injury to another person or substantial damage to property or the environment, threatens to use radioactive materials or equipment or threatens to commit an act directed against a nuclear facility or to disrupt the operation of such a facility; "
Art. 3. Section 487bis of the same Code, inserted by the Act of 17 April 1986, is replaced by the following:
"Art. 487bis. § 1er. Nuclear material means the nuclear material referred to in Article 1er, 8th indent, of the Act of 15 April 1994 on the Protection of Population and the Environment from the Hazards of Atomic Radiation and the Federal Nuclear Control Agency.
§ 2. Radioactive material means any nuclear material or other radioactive substance containing nuclides that spontaneously disintegrate, a process accompanied by the issuance of one or more types of ionizing radiation such as alpha, beta, gamma and neutron radiation, and that could, by virtue of their radiological or fissile properties, cause death, serious bodily harm or substantial damage to property.
§ 3. By nuclear installation it is understood:
(a) any nuclear reactor, including a reactor on board a vessel, vehicle, aircraft or spacecraft as a source of energy to propel the vessel, vehicle, aircraft or spacecraft, or any other purpose;
(b) any transport device or equipment to produce, store, reprocess or transport radioactive material.
§ 4. It means:
(a) any nuclear explosive device; or
(b) any equipment dispersing radioactive material or any equipment emitting radiation which, by virtue of its radiological properties, causes death, serious bodily harm or substantial damage to property or the environment.
§ 5. An operator of a facility where nuclear material is produced, processed, used, manipulated, stored or stored permanently means any natural or legal person who assumes the responsibility of such a facility.
§ 6. A person outside a facility where nuclear materials are produced, processed, used, manipulated, stored or stored permanently means the natural person who is not directly or not bound by an employment contract, an internship or training agreement or a contract for the provision of work or services, to a facility where nuclear materials are produced, processed, used, manipulated, stored or stored permanently. "
Art. 4. In Book II, Title IX, of the same Code, the title of Chapter 1erbis, inserted by the Act of 17 April 1986, is replaced by the following:
"From the physical protection of nuclear materials and other radioactive materials."
Art. 5. Article 488bis of the same Code, inserted by the Law of 17 April 1986 and amended by the Laws of 10 July 1996 and 23 January 2003, is supplemented by a § 4 written as follows:
Ҥ4. A person who, intentionally and without being authorized to do so by the competent authority or outside the conditions provided for in the authorization, commits an act directed against nuclear material or against a facility in which nuclear material is produced, processed, used, manipulated, stored or stored permanently, or an act disturbing the operation of such a facility, if, by these acts and means
1° it intentionally causes or knows that it may cause death or serious injury to others or substantial damage to property or the environment; or
2° he intentionally compels a natural or legal person, an international organization or a government to perform or refrain from an act. "
Art. 6. In Book II, Title IX, Chapter Ibis, of the same Code, an article 488ter is inserted as follows:
"Art. 488ter. A person who, intentionally and without being authorized to do so by the competent authority or outside of the conditions provided for in the authorization, shall hold, manufacture, use in any manner other than nuclear radioactive material or radioactive material or commit an act directed against non-nuclear radioactive material or radioactive material, if by such acts:
1° it intentionally causes or knows that it may cause death or serious injury to others or substantial damage to property or the environment; or
2° he intentionally compels a natural or legal person, an international organization or a government to perform or refrain from an act. "
Art. 7. In the same chapter of the same Code, an article 488quater is inserted as follows:
"Art. 488quater. A person shall be liable to imprisonment for five to ten years, who, intentionally and without being authorized to do so by the competent authority or outside the conditions provided for in the authorization, delivery of radioactive material or equipment or nuclear facilities by resorting to the threat, in circumstances that make it credible, or the use of force. "
Art. 8. In the same chapter of the same Code, an article 488quinquies is inserted, as follows:
"Art. 488quinquies. Is punishable by imprisonment of one month to two years and a fine of one hundred euros to fifty thousand euros or one of these penalties only, any person outside of a facility where nuclear materials are produced, processed, used, manipulated, stored or stored permanently that, without the order of the authority and without the case where the law permits, penetrates or tries to enter into the parts of such a facility for which the access § 1er to 4, of the Act of 11 December 1998 on classification and authorizations, certificates and security notices, either without being authorized by the operator or its attendant, or by using fraudulent manoeuvres such as to abuse the operator or its attendant on its legitimacy to enter these parts of the facility. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 May 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Mrs. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives.
Documents. - Bill, 53-2672 - No. 1. - Amendments, 53-2672 - nbones 2 and 3. - Report, 53-2672 - No. 4. - Text adopted by the commission (art. 78 of the Constitution), 53-2672 - No. 5. - Text adopted by the commission (art. 77 of the Constitution), 53-2672 - No. 6. - Erratum, 53-2672 - No. 7. - Text adopted in plenary and transmitted to the Senate, 53-2672 - No. 8.
Full report. - 25 April 2013.
Senate.
Documents. - Project not referred to by the Senate, 5-2050 - No. 1.
See also:
House of Representatives.
Documents. - Text adopted in plenary and transmitted to the Senate, 53-2773 - No. 1.
Full report. - 25 April 2013.
Senate.
Documents. - Project transmitted by the House of Representatives, 5-2051 - No. 1.