belgiquelex.be - Carrefour Bank of Legislation

14 DECEMBER 2012. - An Act to amend 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 in order to improve the approach of sexual abuse and paedophilia 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 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Improving the exchange of information between the police, the prosecutor's office, the courts of law and the courts of enforcement
Art. 2. Article 53 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 two paragraphs:
"The sentencing court and the Public Prosecutor's Office may require the Federal Public Service Justice Houses Service to prepare a brief information report or conduct a social inquiry.
The mandante authority may request reports from the Houses of Justice Service concerning judicial proceedings. "
CHAPTER 3. - From the residence ban
Art. 3. In title V of the same Act, a chapter IV is inserted entitled “Chapter IV. A reduction in the duration of the prohibition, imposed by the judge, of the right to reside, reside or stand in a designated area."
Art. 4. In Chapter IV, inserted by Article 3, an article 26/1 is inserted as follows:
"Art. 26/1. The reduction in the duration of the prohibition, imposed by the judge, of the right to reside, reside or stand in a designated specified area is a modality of enforcement of the prohibition of the right under section 382bis, paragraph 1^er, 4°, of the Penal Code, where the duration of the prohibition may be reduced, the terms or conditions relating to the prohibition may be adapted or the prohibition may be suspended or terminated. "
Art. 5. In section 28 of the Act, as amended by the Act of April 21, 2007, the following amendments are made:
1° in § 1^erParagraph 1^er,, the words "and with the exception of the reduction in the duration of the prohibition, pronounced by the judge, of the right to live, reside or stand in a designated specified area" are inserted after the words " ÷ the exception of the provisional release for the removal of the territory or the surrender";
2° the article is supplemented by a § 3 written as follows:
Ҥ3. The reduction in the length of the prohibition, imposed by the judge, of the right to live, reside or stand in a designated specified area may be granted to the convicted person provided that there is no contraindications in the head of the convicted person regarding the risk that the convicted person imports the victims. "
Art. 6. In the same Act, an article 29/1 is inserted as follows:
"Art. 29/1. § 1^er. The reduction in the length of the prohibition, imposed by the judge, of the right to reside, reside or stand in a designated specified area shall be granted by the judge of the application of the penalties at the written request of the convicted person or the public prosecutor.
§ 2. The written application shall be filed with the court's office of enforcement of sentences, or with the prison office if the convicted person is detained. The prison's office transmits the written request within 24 hours to the court's office of the enforcement of sentences and gives a copy to the prison director.
§ 3. If the convicted person is detained, the Director shall render a notice within two months of receipt of the written request. Sections 31 and 32 are applicable. "
Art. 7. Section 33 of the Act, as amended by the Act of 27 December 2006, is supplemented by a paragraph 3, which reads as follows:
Ҥ3. If a non-detainee requests a reduction in the length of the court's prohibition of the right to reside, reside or stand in a designated area, the Public Prosecutor's Office may also charge the Federal Public Service Justice Houses of Justice to prepare a brief information report or to conduct a social inquiry. "
Art. 8. Article 35 of the Act is supplemented by a § 3 written as follows:
Ҥ3. If a non-detainee requests a reduction in the length of the court's prohibition of the right to reside, reside or stand in a designated area, the Public Prosecutor's Department may also charge the Federal Public Service Justice Houses of Justice Service to prepare a brief information report or to conduct a social inquiry. "
Art. 9. In section 47 of the Act, as amended by the Act of April 21, 2007, the following amendments are made:
1° in § 1^er, the words "and with the exception of the reduction in the duration of the prohibition, pronounced by the judge, of the right to live, reside or stand in a designated specified area" are inserted after the words "With the exception of the provisional release for the removal of the territory or the surrender";
2° the article is supplemented by a § 3 written as follows:
Ҥ3. The reduction in the length of the prohibition, imposed by the judge, of the right to live, reside or stand in a designated specified area may be granted to the convicted person provided that there is no contraindications in the head of the convicted person regarding the risk that the convicted person imports the victims. "
Art. 10. In section 48 of the Act, the words "and except for the reduction of the length of the prohibition, imposed by the judge, of the right to live, reside or stand in a designated specified area" shall be inserted after the words "or surrender".
Art. 11. In the same Act, an article 49/1 is inserted as follows:
"Art. 49/1. § 1^er. The reduction in the length of the prohibition, imposed by the judge, of the right to reside, reside or stand in a designated specified area shall be granted by the judge of the application of the penalties at the written request of the convicted person or the public prosecutor.
§ 2. The written application shall be filed with the court's office of enforcement of sentences, or with the prison office if the convicted person is detained. The prison registry shall forward the written request within 24 hours to the court's office of enforcement of sentences and shall give a copy to the director.
§ 3. If the convicted person is detained, the Director shall render a notice within two months of receipt of the written request. Sections 31 and 32 are applicable. "
Art. 12. In section 62 of the Act, the following amendments are made:
1° § 1^er is supplemented by the following sentence:
"The justice assistant is responsible for monitoring and monitoring all the conditions imposed on the convicted person by the enforcement court or the enforcement judge. »;
2° in § 3, paragraph 1^er, the following sentences are inserted between the first sentence ending with the words "every six months" and the second sentence beginning with the words "if applicable":
"This report contains all information about the convicted person who has the legal assistant and who are relevant to the court of enforcement of sentences or the judge of enforcement of sentences. The report contains at least one enumeration of all the conditions imposed on the convicted person and the extent to which they are respected. "
Art. 13. In title XI of the Act, a chapter IV is inserted entitled “Chapter IV. A reduction in the duration of the prohibition, imposed by the judge, of the right to reside, reside or stand in a designated area."
Art. 14. In chapter IV, inserted by article 13, an article 95/1 is inserted as follows:
"Art. 95/1. § 1^er. Without prejudice to articles 28, § 3, and 47, § 3, the judge of the application of the penalties may decide to amend a sentence passed in force of something deemed to prohibit the right referred to in article 382bis, paragraph 1^er, 4°, of the Criminal Code, with a view to reducing the length of the prohibition, adapting the terms or conditions of the prohibition, suspending or ending it.
§ 2. The procedure referred to in sections 82 to 86 is applicable, however, on the understanding that the court's registry of the application of sentences shall promptly transmit to the victim a copy of the written request or requisition, that the hearing shall be held in private and that the judge of the application of sentences shall also hear the victim.
§ 3. The enforcement judge may subject the convicted person to individualized conditions if they are absolutely necessary in the interests of the victim.
§ 4. The Public Prosecutor's Office may appeal to the judge for the application of the sentences of the case for the revocation of the reduction or suspension of the prohibition, if the specific conditions imposed are not met. The procedure referred to in § 2 is applicable. "
CHAPTER 4. - The victim's statement
Art. 15. In Article 3, § 1^er, of the same law, a paragraph is inserted between subparagraphs 1^er and 2:
"This written application is filed with the Justice Assistant, the Public Prosecutor's Office or a court of enforcement of sentences. They shall transmit it to the court without delay the application of the competent penalties. If the court of application of the relevant penalties has not yet been known, they shall forward the written application to the court of application of the sentence 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,
A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
House of Representatives:
Documents:
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:
N^o 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.
See also:
House of Representatives:
Documents:
53-2275 -2011/2012:
N° 1: Proposal by Ms. Van Cauter, Lalieux, Marghem and Deom, Mr. Landuyt, Ms. Becq and Mr. Brotcorne.
N^bones 2 and 3: Amendments.
Number 4: Report.
N^bones 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.