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Act Amending Book Ii, Title Ierter Of The Penal Code

Original Language Title: Loi modifiant le livre II, titre Ierter du Code pénal

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belgiquelex.be - Carrefour Bank of Legislation

18 FEBRUARY 2013. - An Act to amend Book II, Title Ierter Criminal Code



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 137, § 2, of the Criminal Code, inserted by the law of 19 December 2003 and amended by the law of 30 December 2009, the following amendments are made:
1° to 9°, the words "January 3, 1933 concerning the manufacture, trade and port of arms and the trade of ammunition; are replaced by the words "June 8, 2006 regulating economic and individual activities with weapons; »;
2° the paragraph is supplemented by an 11°, as follows:
"11° the attempt, within the meaning of articles 51 to 53, to commit the offences referred to in this paragraph. "
Art. 3. Article 138, § 1er, of the same Code, inserted by the law of 19 December 2003, is supplemented by a paragraph written as follows:
"In the cases referred to in Article 137, § 2, 11°, the maximum penalty for the offence consumed will be reduced by one year."
Art. 4. In the same Code, an article 140bis is inserted as follows:
"Art. 140bis. Without prejudice to the application of Article 140, any person who broadcasts or makes available to the public in any other manner a message, with the intention of inducing to the commission of one of the offences referred to in Article 137, except that referred to in Article 137, § 3, 6°, shall be punished by the imprisonment of five years to ten years and by a fine of one hundred euros to five thousand euros, where "
Art. 5. In the same Code, an article 140ter is inserted as follows:
"Art. 140ter. Without prejudice to the application of Article 140, any person who recruits another person to commit any of the offences referred to in Article 137 or Article 140, with the exception of that referred to in Article 137, § 3, 6°, shall be punished by the imprisonment of five years to ten years and a fine of one hundred euros to five thousand euros. "
Art. 6. In the same Code, an article 140quater is inserted as follows:
"Art. 140quater. Without prejudice to the application of Article 140, any person who gives instructions or training for the manufacture or use of explosives, firearms or other harmful or dangerous weapons or substances, or for other specific methods and techniques in order to commit one of the offences referred to in Article 137, with the exception of that referred to in Article 137, § 3, 10 years shall be liable to a fine of five years and "
Art. 7. In the same Code, an article 140quinquies is inserted as follows:
"Art. 140quinquies. Without prejudice to the application of Article 140, any person who, in Belgium or abroad, is given instructions or training referred to in Article 140quater, in order to commit one of the offences referred to in Article 137, with the exception of that referred to in Article 137, § 3, 6°, shall be punished by imprisonment from five years to ten years and a fine from one hundred euros to five years. "
Art. 8. Section 141ter of the same Code, inserted by the Act of 19 December 2003, is replaced by the following:
"Art. 141ter. No provision of this title may be construed as a means of reducing or impeding, without justification, fundamental rights or freedoms, such as the right to strike, freedom of assembly and association, including the right to establish with other trade unions and to join in for the defence of their interests, and the right to manifest which is attached to it, freedom of expression, in particular freedom of the press and freedom of expression in particular. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 February 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM