Act To Amend The Judicial Code And 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 Terms Of The Penalty (1)

Original Language Title: Loi modifiant le Code judiciaire et la loi du 17 mai 2006 relative au statut juridique externe des personnes condamnées à une peine privative de liberté et aux droits reconnus à la victime dans le cadre des modalités de la peine (1)

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17 MARCH 2013. - An Act to amend the Judicial Code and the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim under the terms of the sentence (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 77 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. Section 78 of the Judicial Code, last amended by the Act of 3 December 2006, is supplemented by a paragraph written as follows:
"The Chambers of the Penal Enforcement Court referred to in section 92bis are composed of a judge in the Penal Enforcement Court, who presides, two judges in the Correctional Court and two assessors pursuant to penalties, one specialised in prison matters and the other specialized in social reintegration. »
Art. 3. In the same Code, an article 92bis is inserted as follows:
"Art. 92bis. In the matter of enforcement of sentences, cases relating to the imposition of a custodial sentence of thirty years or a custodial sentence of life, together with a provision to the court of enforcement of sentences, in accordance with articles 34ter or 34quater of the Criminal Code, are assigned to chambers composed in accordance with article 78, paragraph 6. »
CHAPTER 3. - Amendments to the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 4. In Article 25, § 2, 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, (c) is replaced by the following:
“(c) in the event of a sentence of deprivation of liberty of thirty years or a sentence of deprivation of liberty of life, the penalty is fifteen years;
(d) in the event of a sentence of deprivation of liberty of thirty years or a custodial sentence of life and the reasoning of the order indicates that he had previously been sentenced to a correctional sentence of at least three years' imprisonment for the offences referred to:
- articles 102, 103, paragraph 2, 106, 107, 108, 136 bis to 136septics, 137, 138, 140, 141, 146, 147, 278, paragraph 2, 279, 279 bis, 280, 3° to 8°, 323, 324, 324ter, 327, paragraph 1er, 330bis, 331bis, 337, 347bis, §§ 2 to 4, 348, 349, paragraph 2, 352, 372, 375, 376, 377, 377bis, 379, 380, 381, 383bis, §§ 1er and 3, 385, paragraph 2, 386, paragraph 2, 393 to 397, 399, paragraph 2, 400 to 405, 405 bis, 3° to 11°, 405ter, 405quater, 406, paragraph 1er, 407 to 410ter, 417ter, 417quater, 423, 425, 427 to 430, 433, 433ter to 433duodecies, 435 to 438bis, 442quater, §§ 2 and 3, 454 to 456, 470, 471, 7th phrase of the enumeration, 472 to 475, 477° 5, § 2, 488bis, §
- to articles 77bis to 77quinquies of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens;
- Article 4 of the Act of 30 December 2009 on the fight against maritime piracy;
- Article 30 of the Act of 27 June 1937 revising the Act of 16 November 1919 on the regulation of air navigation;
- Section 34 of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries;
- in article 7, paragraph 2, of the Act of 12 March 1858 concerning crimes and offences that infringe upon international relations,
and that it elapsed less than ten years between the time he served his sentence or the time that his sentence was prescribed and the facts that gave rise to his conviction to a deprivation of liberty of thirty years or to a custodial sentence of life, suffered nineteen years of that sentence;
(e) in the event of a conviction for a deprivation of liberty of thirty years or a custodial sentence of life, and if the reason for the decision indicates that he had previously been sentenced to a criminal sentence, suffered twenty-three years of that sentence."
Art. 5. In heading V, chapter II, section II, of the same law, an article 25/1 is inserted, as follows:
"Art. 25/1. Six months before the convicted person is in the conditions of time determined by Article 25, § 1er or § 2, the director informs him in writing of the possibility of requesting parole.
At that time, the convicted person may file a written request for parole in accordance with section 30 or section 50, as the case may be. »
Art. 6. In section 26, § 2, of the same law, c) is replaced by the following:
“(c) in the event of a sentence of deprivation of liberty of thirty years or a sentence of deprivation of liberty of life, the penalty is fifteen years;
(d) in the event of a sentence of deprivation of liberty of thirty years or a custodial sentence of life and the reasoning of the order indicates that he had previously been sentenced to a correctional sentence of at least three years' imprisonment for the offences referred to:
- articles 102, 103, paragraph 2, 106, 107, 108, 136 bis to 136sets, 137, 138, 140, 141, 146, 147, 278, paragraph 2, 279, 279 bis, 280, 3° to 8°, 323, 324, 324ter, 327, paragraph 1er, 330bis, 331bis, 337, 347bis, §§ 2 to 4, 348, 349, paragraph 2, 352, 372, 375, 376, 377, 377bis, 379, 380, 381, 383bis, §§ 1er and 3, 385, paragraph 2, 386, paragraph 2, 393 to 397, 399, paragraph 2, 400 to 405, 405 bis, 3° to 11°, 405ter, 405quater, 406, paragraph 1er, 407 to 410ter, 417ter, 417quater, 423, 425, 427 to 430, 433, 433ter to 433duodecies, 435 to 438bis, 442quater, §§ 2 and 3, 454 to 456, 470, 471, 7th phrase of the enumeration, 472 to 475, 477° 5, § 2, 488bis, §
- to articles 77bis to 77quinquies of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens;
- Article 4 of the Act of 30 December 2009 on the fight against maritime piracy;
- Article 30 of the Act of 27 June 1937 revising the Act of 16 November 1919 on the regulation of air navigation;
- Section 34 of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries;
- in article 7, paragraph 2, of the Act of 12 March 1858 concerning crimes and offences that infringe upon international relations,
and that it elapsed less than ten years between the time he served his sentence or the time that his sentence was prescribed and the facts that gave rise to his conviction to a deprivation of liberty of thirty years or to a custodial sentence of life, suffered nineteen years of that sentence;
(e) in the event of a sentence of deprivation of liberty of thirty years or a custodial sentence of life, and if the reason for the decision reveals that he had previously been sentenced to a criminal sentence, suffered twenty-three years of that sentence."
Art. 7. In title V, chapter III, of the Act, an article 26/1 is inserted, as follows:
"Art. 26/1. Six months before the convicted person is in the conditions of time determined by Article 26, § 1er or § 2, the director informs him in writing of the possibility of requesting a provisional release for the removal of the territory or the surrender.
At that time, the convict may file a written request for the granting of a provisional release for the removal of the territory or surrender, in accordance with section 30 or section 50, as the case may be. »
Art. 8. In section 30 of the Act, as amended by the Act of 27 December 2006, the following amendments are made:
1° in § 1er, the words "on notice of the director" are replaced by the words "on written request of the convicted person";
2° it is inserted a § 1er/1 to read:
« § 1er/1. The written request is submitted to the prison office.
The prison registry shall forward the written application to the court's office of enforcement within 24 hours and give a copy to the director. »;
3° in § 2, paragraph 1erthe first sentence beginning with the words "The Director" and ending with the words "and 26 § 1er » is replaced by the following sentence:
"The Director shall render an opinion no later than four months after receipt of the written request of the convicted person. »;
4° § 2, paragraph 2, is repealed.
Art. 9. In section 31 of the Act, amended by the Act of 27 December 2006, § 5 is repealed.
Art. 10. In Article 33, § 1er, of the same law, as amended by the law of 27 December 2006, the words "on granting or refusing the modality of execution of the sentence and, where applicable, the particular conditions that it considers necessary to impose on the convicted person" are inserted between the words "a reasoned opinion" and the words "transmit it".
Art. 11. In Article 34, § 1erthe second sentence beginning with the words "This hearing" and ending with the words "the Director's notice" is replaced by the following:
"This hearing shall be held no later than two months after the application is filed, if the convicted person is not detained, and no later than six months after the application is filed, if the convicted person is detained. »
Art. 12. In section 45 of the Act, the words "or the date on which the Director must issue a new notice" are repealed.
Art. 13. In section 50 of the Act, the following amendments are made:
1° in § 1er, the words "on notice of the director" are replaced by the words "on written request of the convicted person";
2° it is inserted a § 1er/1 to read:
« § 1er/1. The written request is submitted to the prison office.
The prison registry shall forward the written application to the court's office of enforcement within 24 hours and give a copy to the director. »;
3° in § 2, the first sentence beginning with the words "The Director" and ending with the words "and 26 § 2" is replaced by the following sentence:
"The Director shall render an opinion no later than four months after receipt of the written request of the convicted person. »
Art. 14. In section 51 of the Act, the words "on the granting or refusal of the execution modality of the sentence and, where applicable, the specific conditions it considers necessary to impose on the convicted person" are inserted between the words "motivated notices" and the words ", transmits it".
Art. 15. In Article 52, § 1erthe second sentence beginning with the words "This hearing" and ending with the words "the Director's notice" is replaced by the following:
"This hearing takes place no later than six months after the application is filed. If the Public Prosecutor's notice is not communicated within the time limit set out in section 51, the Public Prosecutor's Department shall render its notice in writing before or during the hearing. »
Art. 16. Article 54 of the Act, amended by the Act of 27 December 2006, the current text of which will form § 1er, is supplemented by § 2, which reads as follows:
Ҥ2. If the case concerns a sentence of deprivation of liberty of thirty years or a custodial sentence of life, together with a provision by the court of enforcement of sentences in accordance with sections 34ter or 34quater of the Criminal Code, the court of enforcement of penalties shall render its decision within fourteen days of the deliberation. If the enforcement court makes a decision to grant a modality of enforcement of the sentence, the decision is taken unanimously.
If the enforcement court does not grant the modality of execution of the requested sentence, it shall state in its judgment the date on which the convicted person may apply a new application.
This period is at least six months and no more than eighteen months from the judgment. »
Art. 17. In section 57 of the Act, the following amendments are made:
1° in paragraph 1erthe words "or the date on which the Director must issue a new notice" are repealed;
2° in paragraph 2, second sentence, the words "This period" are replaced by the words "Subject to Article 54, § 2, paragraph 3, this period".
Art. 18. In section 71 of the Act, as amended by the Act of 27 December 2006, the following amendments are made:
1° in paragraph 3, the words ", with the exception of convictions to a criminal sentence of thirty years" are inserted between the words "criminal punishment in time" and the words "or one or more sentences";
2° in paragraph 4, the words "to a custodial sentence of thirty years or" are inserted between the word "conviction" and the words "to a custodial sentence of life."
Art. 19. In Article 95/18, § 2, paragraph 3, of the same law, inserted by the law of 26 April 2007, the number "54" is replaced by the words "54, § 1er "
Art. 20. In section 96 of the Act, amended by the Act of 26 April 2007, the following amendments are made:
1° in paragraph 1er, in fine, the words ", either ex officio or by the orders of the Minister of Justice" are inserted between the words "public ministry" and the words "and condemned";
2° in paragraph 2, in the introductory sentence, the words ", either ex officio or by the orders of the Minister of Justice" are inserted between the words "public ministry" and the words "and the convict made available."
CHAPTER 4. - Transitional provisions
Art. 21. Sections 4, 6 and 18 apply to convictions that have come into force after the coming into force of this Act.
Sections 25, § 2, (c), 26, § 2, (c) and 71, paragraph 3 and paragraph 4 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, as drafted before the entry into force of this Act, remain in force as a transitional measure for the convictions that have entered into force before the sentence is tried.
Art. 22. Sections 5, 7, 8, 11, 13 and 15 are not applicable to convicted persons who, within six months of the coming into force of this Act, meet the conditions of time for parole or provisional release for the removal of the territory or surrender. Articles 30, §§ 1er and 2, 34, § 1er50 §§ 1er and 2, and 52, § 1er, the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, as drafted prior to the entry into force of this Act, shall remain in force on a transitional basis in respect of them until a final judgment has taken place.
Articles 30, §§ 1er and 2, 34, § 1er50 §§ 1er and 2, and 52, § 1er, the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, as drafted prior to the entry into force of this Act, also remain in force as a transitional measure:
1° in respect of the procedures relating to conditional release or on provisional release for the removal of the territory or surrender that are pending at the time of the coming into force of this Act until a final judgment has been reached;
2° in respect of the judgments which, pursuant to sections 45 and 57 of the Act, as drafted before the coming into force of this Act, set a date for the issuance of a new notice by the Director, until a final judgment has taken place.
CHAPTER 5. - Entry into force
Art. 23. This Act comes into force on the day of its publication in the Belgian Monitor.
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 on 17 March 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives
Documents
Doc 53-2604/(2012/2013):
001: Bill.
002: Amendments.
003: Amendment.
004: Report made on behalf of the commission.
005: Text adopted by the commission.
006: Text adopted in plenary session and transmitted to the Senate.
See also:
Full report: 31 January 2013.
Senate
Documents
5-1952/(2012/2013):
No. 1: Project transmitted by the House of Representatives.
No. 2: Amendments.
Number 3: Report made on behalf of the commission.
No. 4: Text adopted by the commission.
No. 5: Text amended by the Senate and referred to the House.
See also:
Annales du Senate: March 7, 2013.
House of Representatives
Documents
Doc 53-2604/(2012/2013):
007: Draft amended by the Senate.
008: Text adopted in plenary and subject to Royal Assent.
See also:
Full report: 14 March 2013