Act To Amend Act Of 17 May 2006 On The External Legal Status Of Persons Sentenced To Deprivation Of Liberty And The Rights Of The Victim Under The Modalities Of Execution Of The Sentence To Improve The Approach Of Abuse

Original Language Title: Loi modifiant la loi du 17 mai 2006 relative au statut juridique externe des personnes condamnés à une peine privative de liberté et aux droits reconnus à la victime dans le cadre des modalités d'exécution de la peine afin d'améliorer l'approche des abus

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009031&caller=list&article_lang=F&row_id=1200&numero=1285&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: 2013009031 SERVICE PUBLIC FÉDÉRAL JUSTICE 14 December 2012. -Law amending the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights of the victim under the modalities of execution of the sentence to improve the approach to sexual abuse and the facts of pedophilia in a relationship of authority (1) ALBERT II, King of the Belgians, to all present and future, 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 77 of the Constitution.
CHAPTER 2. -By improving the exchange of information between police, prosecutors, the houses of justice and the courts for the enforcement of sentences s.
2. article 53 of the Act 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 complemented by two paragraphs worded as follows: "application court sentences and the Crown can load the Service of houses of Justice du Service public fédéral Justice to draft an information report summary or to proceed to. a social survey.
The principal authority can claim to the houses Service of justice reports concerning court proceedings. ».
CHAPTER 3. -Of the prohibition of residence s. 3. in title V of the Act, it is inserted a chapter IV entitled "chapter IV. The reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area".
S. 4. in chapter IV, inserted by article 3, article be inserted a 26/1 as follows: «art.» 26/1. The reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area is a modality for the implementation of the prohibition of the right referred to in article 382bis, paragraph 1, 4 °, of the penal Code, in the framework of which the length of the ban can be reduced, the terms or conditions relating to the prohibition can be adapted or the ban can be suspended or ended.
S. 5 A section 28 of the Act, as amended by Act of April 21, 2007, the following changes are made: 1 ° in the § 1, paragraph 1, the words 'and with the exception of the reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area' shall be inserted after the words "÷ except for provisional release to the remoteness of the territory or of delivery";
2 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3» The reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area may be granted to the convicted so far that there is no contraindications for the head of the latter on the risk that the condemned man accosts the victims. ».
S. 6. in the Act, it is inserted an article 29/1 as follows: «art.» 29/1. § 1. The reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area is granted by the judge of the application of the sentences at the written request of the convicted person or the Crown.

§ 2. The written application is submitted at the registry of the Court of the enforcement of sentences, or the registry of the prison if the convicted person is detained. The prison registry forwards the request written within 24 hours at the registry of the Court of enforcement of sentences and provides a copy to the Director of the prison.
§ 3. If the convicted person is detained, the Director makes an opinion within two months of receipt of the copy of the written request. Articles 31 and 32 shall apply. ».
S.
7. article 33 of the Act, as amended by the Act of 27 December 2006, is supplemented by a paragraph 3 as follows: "§ § 3 3» If a non-inmate convicted requests a reduction in the length of the ban, imposed by the judge, the right to live, to reside or to stand in designated specific area, the Crown may also entrust the houses of Justice of public Service Service federal Justice to draft an information report summary or a social investigation. ».
S. 8. article 35 of the same Act is supplemented by a paragraph 3 as follows: "§ § 3 3» If a non-inmate convicted requests a reduction in the length of the ban, imposed by the judge, the right to live, to reside or to stand in designated specific area, the Crown may also entrust the houses of Justice of public service Service federal Justice to draft an information report summary or a social investigation. ».
S.
9. in article 47 of the same Act, amended by the Act of April 21, 2007, the following changes are made: 1 ° in the § 1, the words "and with the exception of the reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area" are inserted after the words "with the exception of the bail to the remoteness of the territory or of delivery";
2 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3» The reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area may be granted to the convicted person provided that there are no contraindications in the head of the latter on the risk that the Liverpool accosts the victims. ».
S. 10. in article 48 of the Act, the words "and except for the reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area" are inserted after the words "or delivery".
S. 11. in the same Act, it is inserted an article 49/1 as follows: «art.» 49/1. § 1. The reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area is granted by the judge of the application of the sentences at the written request of the convicted person or the Crown.
§ 2. The written application is submitted at the registry of the Court of the enforcement of sentences, or the registry of the prison if the convicted person is detained. The prison registry transmits the written request within 24 hours at the registry of the Court of enforcement of sentences and provide a copy to the Director.
§ 3. If the convicted person is detained, the Director makes an opinion within two months of receipt of the copy of the written request. Articles 31 and 32 shall apply.
».
S. 12A section 62 of the Act, the following amendments are made: 1 ° the § 1 is supplemented by the following sentence: "the wizard of justice is responsible for monitoring and control of the whole of the conditions imposed on the convicted person by the Court for the enforcement of sentences or penal enforcement judge.";
2 ° in § 3, paragraph 1, the following sentences are inserted between the first sentence ending with the words 'six months' and the second sentence beginning with the words "Where appropriate": "this report contains all information about the offender available Wizard of justice and which are relevant to the enforcement of sentences court or judge of the penal enforcement. The report contains at least an enumeration of all the conditions imposed on the convicted person and the extent in which they are met. ».
S. 13. in Title XI of the Act, it is inserted a chapter IV entitled "chapter IV. The reduction of the duration of the ban, imposed by the judge, the right to dwell, reside or stand in a designated area".
S. 14. in chapter IV, inserted by section 13, article be inserted a 95/1 as follows: «art.» 95/1. § 1. Without prejudice to articles 28, § 3, and 47, § 3, of the penal enforcement judge may decide to alter a sentence in force of res judicata of prohibition of the right referred to in article 382bis, paragraph 1, 4 °, of the penal Code, to reduce the length of the ban, to adapt the terms or conditions of the prohibition, to suspend or terminate.
§ 2. The procedure referred to in articles 82 to 86 shall apply, being however understood that the registry of the Court of enforcement of sentences shall promptly transmit to the victim a copy of the written request or requisition, the hearing is held in camera and that the enforcement judge also heard the victim.

§ 3. The judge of the enforcement of sentences may submit the convict to individualized special conditions if they are absolutely necessary in the interests of the victim.
§
4. The Crown can enter the Justice of the enforcement of sentences of the case for the revocation of the reduction or suspension of the prohibition, if special conditions are not met. The procedure referred to in paragraph 2 shall apply. ».
CHAPTER 4. -Of the declaration of the victim s. 15. in article 3, § 1, of the same law, a paragraph worded as follows is inserted between paragraphs 1 and 2: "this written request is filed with the wizard of justice, the public prosecutor or a court for the enforcement of sentences. They transmit it to turn without delay to the Court of the application

competent sentences. If the competent court for the enforcement of sentences is not yet known, they transmit the written request 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, A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: House of representatives: Documents: 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.
See also: House of representatives: Documents: 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.