Law Improving The Approach Of Sexual Abuse And The Facts Of Pedophilia In A Relationship Of Authority (1)

Original Language Title: Loi améliorant l'approche des abus sexuels et des faits de pédophilie dans une relation d'autorité (1)

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belgiquelex.be - Carrefour Bank of Legislation

14 DECEMBER 2012. - An Act to Improve the Approach to Sexual Abuse and Pedophilia in a Relationship of Authority (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - The restitution of the pieces after their seizure
Art. 2. Article 131, § 2, of the Code of Criminal Investigation, reinstated by the law of 12 March 1998, as amended by the law of 4 July 2001 and partially annulled by the Constitutional Court Decision No. 86/2002, is supplemented by the following sentences:
"The board's board shall, in accordance with the rights of the other parties, determine the extent to which the documents deposited in the registry may still be consulted during the criminal proceedings and used by a party. The board's board's decision indicates to whom to render the parts or what happens when the parts are cancelled. »
Art. 3. Article 235bis, § 6, of the same Code, inserted by the law of 12 March 1998, amended by the law of 4 July 2001 and partially annulled by the Constitutional Court Decision No. 86/2002, is supplemented by the following sentences:
"The Indictment Chamber shall, in accordance with the rights of the other parties, decide to what extent the documents filed in the Registry may still be consulted in the criminal proceedings and used by a party. The Indictment Chamber states in its decision to whom it is necessary to render the documents or what happens to the parts cancelled. »
CHAPTER 3. - From the transfer of the judicial decision to third parties
Art. 4. In Book II, Title VII, Chapter VI, of the Criminal Code, an article 382quater is inserted as follows:
"Art. 382quater. Where an author who is convicted of acts referred to in sections 372 to 377, 379 to 380ter and 381 is in contact, because of his state or profession, with minors and that an employer, legal person or authority exercising the disciplinary power is known, the judge may order the transfer of the criminal part of the judicial decision to that employer, legal person or disciplinary power. This action is taken either on its own or at the request of the civil party or the public prosecutor in a specially motivated judicial decision because of the seriousness of the facts, the ability to reintegrate or the risk of recidivism. »
CHAPTER 4. - From the residence ban
Art. 5. Section 382 bis, paragraph 1er, of the Criminal Code, replaced by the Act of 28 November 2000, is supplemented by a 4° written as follows:
"4° to live, reside or stand in the specified area designated by the competent judge. The imposition of this measure must be specially motivated and take into account the seriousness of the facts and the capacity to reintegrate the convicted person. »
CHAPTER 5. - The equality of parties in criminal proceedings
Art. 6. Article 63 of the Code of Criminal Investigation is supplemented by a paragraph 2 which reads as follows:
"A victim who is a civil party may be heard, on request, at least once, by the examining magistrate in charge of the case. »
Art. 7. Article 235bis, § 4, of the same Code, inserted by the law of 12 March 1998, is supplemented by the words "that the control of the procedure shall take place on the requisition of the public prosecutor or at the request of one of the parties. »
CHAPTER 6. - The victim's statement
Art. 8. Article 1er, 4°, of the Royal Decree of 29 January 2007 implementing Article 2, 6°, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, is supplemented by a paragraph written as follows:
"When the victim has filed a written application within the meaning of section 3 of the Act, the victim also has the victim's return value; "
Art. 9. In article 2 of the same Royal Decree, the words "or public ministry" are inserted between the words "to a front-line justice assistant" and the words "to obtain".
Art. 10. In Article 7 of the same Royal Decree, paragraphs 1er and 2 are replaced by the following:
"The victim may communicate the victim's statement to the front-line justice assistant, the Public Prosecutor's Office or the Registry of one of the sentencing courts.
They shall, in turn, transmit it to the court's office without delay the application of the penalties that determines the execution of the sentence. If the court of application of the relevant penalties is not yet known, they shall forward the declaration to the court of application of the sentence of the jurisdiction in which the convicted person resides at that time. »
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 14 December 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
Documents of the House of Representatives:
53-2275 -2011/2012:
No 1: Proposal by Ms. Van Cauter, Lalieux, Marghem and Deom, Mr. Landuyt, Ms. Becq and Mr. Brotcorne.
Nbones 2 and 3: Amendments.
No 4: Report.
Nbones 5 and 6: Texts adopted by the Commission.
No 7: Amendments.
No 8: Text adopted in plenary and transmitted to the Senate.
Full report: 18 July 2012.
Documents of the Senate:
5-1769-2012/2013:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Text corrected by the commission.
No. 5: Decision not to amend.
Annales of the Senate: December 6, 2012.
See also:
Documents of the House of Representatives
53-2377 -2011/2012:
No 1: Text adopted in plenary and transmitted to the Senate.
Full report: 18 July 2012.
Documents of the Senate:
5-1770 -2011/2012:
No 1: Project transmitted by the House of Representatives.
5-1770 -2012/2013:
No. 2: Amendments.
Number three: Report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 6, 2012.