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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009126&caller=list&article_lang=F&row_id=1300&numero=1319&pub_date=2013-03-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-03-19 Numac: 2013009126 FEDERAL JUSTICE PUBLIC SERVICE March 17, 2013. -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 of the victim under the terms of the penalty (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1 - General provision Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art.
2. article 78 of the Judicial Code, as last amended by the law of December 3, 2006, is supplemented by a paragraph worded as follows: «the Chambers of the tribunal of the application of the penalties referred to in article 92bis are composed of a judge at the Court of enforcement of sentences, who chairs, two judges to the Court and two assessors in enforcement of sentences , one specializing in prison and the other specialized in social reintegration. » Art. 3. in the same Code, it is inserted an article 92bis as follows: «art.» 92bis. enforcement of sentences, the cases the sentences to deprivation of liberty for thirty years or deprivation of liberty for life, with the provision of the Court of the application of penalties, in accordance with articles 34ter or 34quater of the Criminal Code, are attributed to Chambers in accordance with article 78, paragraph 6. "CHAPTER 3. -Amendments to the law of 17 May 2006 relating to the legal status external in persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing of sentencing s.
4. in article 25, § 2, of Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing rules of the penalty, the c) is replaced by the following: ' c), upon conviction to a custodial sentence of thirty years or deprivation of liberty for life. suffered 15 years of this sentence;
d) or, in the case of a custodial sentence of thirty years or to deprivation of liberty in perpetuity, and if the grounds of the judgment revealed that he had previously was sentenced to a correctional sentence of at least three years of imprisonment for acts referred:-in articles 102, 103, 2, 106, 107, 108, paragraph 136A to 136septies , 137, 138, 140, 141, 146, 147, 278, paragraph 2, 279, 279a, 280, 3 ° to 8 °, 323, 324, 324ter, 327, paragraph 1, 330bis, 331bis, 337, 347 bis, §§ 2 to 4, 348, 349, paragraph 2, 352, 372, 373, 375, 376, 377, 377bis, 379, 380, 381, 383bis, §§ 1 and 3, 385, paragraph 2, 386, paragraph 2, 393-397, 399, paragraph 2, 400-405 , 405bis, 3 ° to 11 °, 405ter, 405quater, 406, paragraph 1, 407-417, 417quater, 423, 425, 427-430, 410ter, 433, 433ter to 433duodecies, 435-438bis, 442quater, §§ 2 and 3, 454-456, 470, 471, seventh member of sentence of the enumeration, 472-475, 477sexies, § 2, 488bis, § 2, 1 °, and § 3, 518, 531, 532 and 532bis of the Criminal Code;
-in article 77A to 77quinquies of the Act of 15 December 1980 on access to the territory, residence, establishment and expulsion of foreigners;
-in article 4 of the law of December 30, 2009 on the fight against maritime piracy.
-in article 30 of the Act of 27 June 1937 revision of the regulation of the air navigation Act of November 16, 1919;
-in article 34 of the Act of 5 June 1928 revision of the disciplinary and penal Code for shipping and maritime fishing;
-in article 7, paragraph 2, of the law of March 12, 1858 concerning crimes and offences affecting international relations, and that it took less than ten years between the time where he has served his sentence or the moment where his sentence was prescribed and the facts that gave rise to his conviction to a custodial sentence of thirty years or deprivation of liberty for life suffered nineteen years of this sentence;
"e) or, if convicted to deprivation of liberty for thirty years or deprivation of liberty in perpetuity, and if the grounds of the judgment reveals that he had previously sentenced to a criminal penalty, suffered 23 years of this sentence,
S. 5. in title V, chapter II, section II, of the Act, it is inserted an article 25/1, as follows: «art.» 25/1.
Six months before the condemned is in weather conditions determined by article 25, § 1 or § 2, the Director informed him in writing of the opportunity to apply for parole.
From that moment, the convicted person may introduce a written application for the grant of a conditional discharge in accordance with article 30 or article 50, as the case may be. » Art.
6. in article 26, § 2, of the Act, the c) is replaced by the following: ' c), upon conviction to a custodial sentence of thirty years or deprivation of liberty for life, suffered 15 years of this sentence;
d) or, in the case of a custodial sentence of thirty years or to deprivation of liberty in perpetuity, and if the grounds of the judgment revealed that he had previously was sentenced to a correctional sentence of at least three years of imprisonment for acts referred:-in articles 102, 103, 2, 106, 107, 108, paragraph 136A to 136septies , 137, 138, 140, 141, 146, 147, 278, paragraph 2, 279, 279a, 280, 3 ° to 8 °, 323, 324, 324ter, 327, paragraph 1, 330bis, 331bis, 337, 347 bis, §§ 2 to 4, 348, 349, paragraph 2, 352, 372, 373, 375, 376, 377, 377bis, 379, 380, 381, 383bis, §§ 1 and 3, 385, paragraph 2, 386, paragraph 2, 393-397, 399, paragraph 2, 400-405 , 405bis, 3 ° to 11 °, 405ter, 405quater, 406, paragraph 1, 407-417, 417quater, 423, 425, 427-430, 410ter, 433, 433ter to 433duodecies, 435-438bis, 442quater, §§ 2 and 3, 454-456, 470, 471, seventh member of sentence of the enumeration, 472-475, 477sexies, § 2, 488bis, § 2, 1 °, and § 3, 518, 531, 532 and 532bis of the Criminal Code;
-in article 77A to 77quinquies of the Act of 15 December 1980 on access to the territory, residence, establishment and expulsion of foreigners;
-in article 4 of the law of December 30, 2009 on the fight against maritime piracy.
-in article 30 of the Act of 27 June 1937 revision of the regulation of the air navigation Act of November 16, 1919;
-in article 34 of the Act of 5 June 1928 revision of the disciplinary and penal Code for shipping and maritime fishing;
-in article 7, paragraph 2, of the law of March 12, 1858 concerning crimes and offences affecting international relations, and that it took less than ten years between the time where he has served his sentence or the moment where his sentence was prescribed and the facts that gave rise to his conviction to a custodial sentence of thirty years or deprivation of liberty for life suffered nineteen years of this sentence;
"e) or, if convicted to deprivation of liberty for thirty years or deprivation of liberty in perpetuity, and if the grounds of the judgment reveals that he had previously was sentenced to a criminal penalty, suffered 23 years of this sentence,
S.
7. in title V, chapter III, of the same Act, it is inserted an article 26/1, as follows: «art.» 26/1. Six months before the condemned is in weather conditions determined by article 26 § 1 or § 2, the Director informed him in writing on the possibility of requesting a bail to the remoteness of the territory or of delivery.
From that moment, the convicted person may introduce a written request for the granting of provisional release to the remoteness of the territory or remission, in accordance with article 30 or article 50, as the case may be. » Art. 8. at section 30 of the Act, as amended by the Act of 27 December 2006, the following changes are made: 1 ° in the § 1, "on the advice of the Director" shall be replaced by the words "on written request of the convicted person".
(2) there is inserted a § 1/1 as follows: "§ 1/1.»
The written application is lodged at the registry of the prison.
The prison registry forwards the request written to the registry of the Court of the application of the sentences within 24 hours and provide a copy to the Director. »;
3 ° in the § 2, paragraph 1, the first sentence starting with the words "The Director" and ending with the words "and 26, § 1" is replaced by the following sentence: "the Director makes an opinion no later than within four months after receipt of the written request of the convicted person.";
4 ° § 2, paragraph 2, is repealed.
S. 9. in article 31 of the Act, as amended by the Act of 27 December 2006, § 5 is repealed.
S. 10. in article 33, § 1, of the Act, as amended by the Act of 27 December 2006, the words "on the granting or refusal of the modality of execution of the sentence and, where appropriate, the specific conditions that it considers necessary to impose on the convict," are inserted between the words 'a reasoned opinion' and the words 'passes '.
S. 11. in article 34, § 1, of the Act, the second sentence beginning with the words "This hearing" and ending with the words "the opinion of the Director" is replaced by the following: "this hearing is held no later than two months after the filing of the application, if the convicted person is not detained, and no later than six months after the filing of the application If the convicted person is detained. » Art. 12.

In article 45 of the same Act, the words "or the date on which the Director shall issue a new opinion" are repealed.
S. 13A section 50 of the Act, the following amendments are made: 1 ° in the § 1, "on the advice of the Director" shall be replaced by the words "on written request of the convicted person".
(2) there is inserted a § 1/1 as follows: "§ 1/1.» The written application is lodged at the registry of the prison.
The prison registry forwards the request written to the registry of the Court of the application of the sentences within 24 hours and provide a copy to the Director. »;
3 ° in § 2, the first sentence starting with the words "The Director" and ending with the words "and 26, § 2" is replaced by the following sentence: "the Director makes a notice at the latest within four months of receipt of the written request of the convicted person."
S. 14. in article 51 of the Act, the words "on the granting or refusal of the modality of execution of the sentence and, where appropriate, the specific conditions that it considers necessary to impose on the convict," shall be inserted between the words 'reasoned opinion' and the words ', passes it '.
S. 15. in article 52, § 1, of the Act, the second sentence beginning with the words "This hearing" and ending with the words "the opinion of the Director" is replaced by the following: "this hearing takes place at the latest six months after the filing of the application. If the opinion of the public prosecutor is not released within the time limit set in article 51, the public prosecutor shall deliver its opinion in writing before or during the hearing. » Art. 16. article 54 of the Act, as amended by the law of December 27, 2006, the current text of which will form the § 1, is supplemented by a paragraph 2, as follows: ' ' § § 2 2 If the matter concerns a sentence to deprivation of liberty for thirty years or deprivation of liberty in perpetuity, with provision of the Court of enforcement of sentences in accordance with articles 34ter or 34quater of the Criminal Code, the Court of enforcement penalties shall render its decision within fourteen days of the deliberate release.
If the Court of enforcement of sentences makes the decision to grant a modality of execution of the sentence, the decision is taken unanimously.
If the Court of the application of the penalties does not grant the modality of execution of the penalty sought, indicated in its judgment the date on which the convicted person may submit a new application.
This period is at least six months and eighteen months after the judgment. » Art. 17 A section 57 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words "or the date on which the Director shall issue a new opinion" are repealed;
2 ° in paragraph 2, second sentence, the words 'This time' are replaced by the words "subject to article 54, § 2, paragraph 3, this time.
S. 18A section 71 of the Act, as amended by the Act of 27 December 2006, the following changes are made: 1 ° in paragraph 3, the words ", with the exception of the convictions in a criminal sentence of thirty years, ' shall be 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" shall be inserted between the word "conviction" and the words "to a deprivation of liberty in perpetuity.
S. 19. in article 95/18, § 2, paragraph 3 of the same Act inserted by the Act of April 26, 2007, the figure "54" is replaced by the words ' 54, § 1.
S. 20 A section 96 of the Act, as amended by the Act of April 26, 2007, the following changes are made: 1 ° in article 1, in fine, the words ', either ex officio or by the orders of the Minister of Justice, "shall be inserted between the words 'public prosecutor' and the words"and the condemned. "
2 ° in paragraph 2, in the introductory sentence, the words ', either ex officio or by the orders of the Minister of Justice, "shall be inserted between the words 'public prosecutor' and the words 'and the put sentenced to provision.
CHAPTER 4. -Provisions transitional art. 21. articles 4, 6 and 18 apply to sentences that are passed into res judicata after the entry into force of this Act.
(Articles 25, § 2, c), 26, § 2, c) and 71, paragraph 3, and paragraph 4 of the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of freedom and the rights of the victim under the modalities of execution of the sentence, as they were written before the entry into force of this Act remain in force on a transitional basis for convictions that are passed into res judicata before its entry into force.
S. 22. articles 5, 7, 8, 11, 13 and 15 shall not apply to convicted persons who within six months of the entry into force of this Act meet the requirements of time for parole or a bail to the remoteness of the territory or of delivery. Articles 30, §§ 1 and 2, 34, § 1st, 50, §§ 1 and 2, and 52, § 1, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of freedom and the rights of the victim under the modalities of execution of the sentence, as they were written before the entry into force of this Act shall remain in force as a transitional measure towards them until the moment where a final judgment has been reached.
Articles 30, §§ 1 and 2, 34, § 1st, 50, §§ 1 and 2, and 52, § 1, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of freedom and the rights of the victim under the modalities of execution of the sentence, as they were written before the entry into force of this Act , are also in force on a transitional basis: 1 ° with respect to the procedures relating to parole parole or relating to provisional release for removal of the territory or of delivery which are pending at the time of the entry into force of this Act until the moment where a final judgment is reached;
2 ° with respect to judgments which, pursuant to articles 45 and 57 of the Act, as they were written before the entry into force of this Act, set a date for the issuance of a new notice by the Director, to the moment where a final judgment has been reached.
CHAPTER 5. -Entry into force art. 23. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, March 17, 2013.
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 House of representatives Documents Doc 53-2604 /(2012/2013): 001: Bill.
002: Amendments.
003: Amendment.
004: Report on behalf of the Committee.
005: Text adopted by the commission.
006: Text adopted in plenary session and transmitted to the Senate.
See also: full report: January 31, 2013.
Senate Documents 5-1952 /(2012/2013): No. 1: draft transmitted by the House of representatives.
No. 2: amendments.
No. 3: Report on behalf of the Committee.
No. 4: Text adopted by the commission.
No. 5: Text amended by the Senate and returned to the House.
See also: annals of the Senate: March 7, 2013.
House of representatives Documents Doc 53-2604 /(2012/2013): 007: draft amended by the Senate.
008: Text adopted in plenary meeting and submitted to Royal assent.
See also: full report: March 14, 2013