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)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009030&caller=list&article_lang=F&row_id=1200&numero=1284&pub_date=2013-04-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-04-22 Numac: 2013009030 SERVICE PUBLIC FÉDÉRAL JUSTICE 14 December 2012. -An act improving the approach of sexual abuse and the facts of pedophilia in a relationship of authority (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 general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Of the return of the parts after their seizure art.
2. article 131, § 2, of the Code of criminal investigation, restored by the Act of 12 March 1998, amended by the Act of 4 July 2001 and partially cancelled by the decision No 86/2002 of the Constitutional Court, is complemented by the following sentences: "the Council Chamber statue, in the respect of the rights of the other parties, to what extent exhibits filed at the registry can still be consulted during the criminal proceedings and used by a party. The room of the Council indicates in its decision who to make parts or what happens cancelled parts. » Art. 3. article 235A, § 6, of the same Code, inserted by the Act of 12 March 1998, amended by the Act of 4 July 2001 and partially cancelled by the decision No 86/2002 of the Constitutional Court, is complemented by the following sentences: "Chamber of indictments statue, in the respect of the rights of the other parties, to what extent exhibits filed at the registry can still be consulted during the criminal proceedings and used by a party. The indictments chamber indicates in its decision who to make parts or what happens cancelled parts. "CHAPTER 3. -Of the transmission of the judicial decision at the third art. 4. in book II, title VII, chapter VI, of the penal Code, it is inserted an article 382quater as follows: «art.»
382quater. where an author who is sentenced for acts referred to in articles 372 to 377, 379 to 380ter and 381 is in contact, because of his State or his profession, with minors and that an employer, a legal person or an authority exercising disciplinary authority is known, the judge may order transmission part criminal of the device of the Court to this employer This legal person or this disciplinary power. This measure is taken either ex officio, or at the request of the civil party or the Crown in a judicial decision especially motivated because of the seriousness of the facts, of the capacity of rehabilitation or recidivism risk. » CHAPTER 4. -Of the prohibition of residence s. 5. article 382bis, paragraph 1, of the penal Code, replaced by the Act of 28 November 2000, is complemented by a 4 ° as follows: '4 ° to dwell, reside or stand in the specific area designated by the competent judge. The imposition of this measure must be specially motivated and take account of the seriousness of the facts and the ability for the reintegration of the convicted person. » CHAPTER 5. -Of equality of parties in criminal procedure art.
6. article 63 of the Code of criminal procedure is supplemented by a paragraph 2 as follows: "any victim who is civil, can be heard at least once, on request, by the investigating judge assigned to the case."
S. 7. article 235A, § 4, of the same Code, inserted by the Act of 12 March 1998, is supplemented by the words "and EC, that the control of the rules of procedure be held on the request of the public prosecutor or at the request of one of the parties."
CHAPTER 6. -Of the declaration of the victim s. 8. article 1, 4 °, of the royal decree of 29 January 2007 implementing article 2, 6 °, of the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and rights to the victim under the modalities of execution of the sentence, is supplemented by a paragraph as follows : "When the victim has filed a written request within the meaning of article 3 of the Act, it also has value of victim impact statement;".
S. 9. in article 2 of the same royal decree, the words "or the Crown' are inserted between the words" a Wizard of justice of first line"and the words" to get".
S. 10. in article 7 of the same royal decree, paragraphs 1 and 2 are replaced by the following: "the victim may disclose the victim impact statement the wizard of front-line justice, the public prosecutor or the registry to one of the courts for the enforcement of sentences.
They transmit it to turn without delay at the registry of the Court of the application of punishments which decides on rules for the implementation of the penalty.
If the competent court for the enforcement of sentences is not yet known, they transmit the declaration to the Court of the application of the sentences in which the offender resides at this time there. "Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, December 14, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) see: Records of the House of representatives: 53-2275-2011/2012: No. 1: Bill of Mrs Van Cauter, Larbi, Marghem and Delgado, M. Landuyt, Ms. Becq and Mr. Brotcorne.
Nos. 2 and 3: amendments.
No. 4: report.
Nos. 5 and 6: texts adopted by the commission.
No. 7: amendments.
No. 8: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 18, 2012.

The Senate documents: 5-1769-2012/2013: No. 1: project referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Decision not to amend.
Annals of the Senate: 6 December 2012.
See also: records of the House of representatives 53-2377-2011/2012: No. 1: text adopted in plenary meeting and transmitted to the Senate.
Full report: July 18, 2012.
The Senate documents: 5-1770-2011/2012: No. 1: draft transmitted by the House of representatives.
5 - 1770 - 2012/2013: No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: 6 December 2012.