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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009097&caller=list&article_lang=F&row_id=1300&numero=1334&pub_date=2013-03-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-03-04 Numac: 2013009097 SERVICE PUBLIC FÉDÉRAL JUSTICE 18 February 2013. -Act to amend book II, title Ierter of the penal Code ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2A article 137, paragraph 2, of the penal Code, inserted by the law of 19 December 2003 and amended by the law of December 30, 2009, the following amendments are made: 1 ° to 9 °, the words "January 3, 1933 on the manufacture, trade and to bear arms and ammunition trade;" shall be replaced by the words "8 June 2006 adjusting economic and individual activities with weapons;";
2 ° the subsection is supplemented by a 11 °, as follows: '11 ° the attempt, within the meaning of articles 51 to 53, to commit the offences referred to in this paragraph.'.
S. 3. article 138, § 1, of the same Code, inserted by the law of 19 December 2003, is supplemented by a paragraph as follows: "In the cases referred to in article 137, § 2, 11 °, the maximum penalty for an offence actually committed will be reduced by one year.".
S. 4. in the same Code, it is inserted an article 140bis as follows: «art.» 140bis. without prejudice to the application of article 140, any person who disseminates or puts at the disposal of the public in any other manner a message, with the intent to incite the commission of any of the offences referred to in article 137, with the exception of that referred to in article 137, paragraph 3, 6 °, shall be punished by imprisonment of five to ten years and a fine of one hundred five thousand euro EUR where such conduct, whether or not it directly advocates the commission of terrorist offences, creates the risk that one or more such offences may be committed. ».
S.
5. in the same Code, it is inserted an article 140ter as follows: «art.» 140ter. without prejudice to the application of article 140, any person who recruits another person to commit one 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 imprisonment of five to ten years and a fine of one hundred euros to five thousand euros. ».
S. 6. in the same Code, it is inserted an article 140quater as follows: «art.» 140quater. without prejudice to the application of article 140, any person giving instructions or training for the manufacture or use of explosives, firearms or other weapons or noxious or hazardous substances, or other methods and techniques specific 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 of five to ten years and a fine of one hundred euros to five thousand euros. ».
S. 7. in the same Code, it is inserted an article 140quinquies as follows: «art.» 140quinquies. without prejudice to the application of article 140, any person who, in Belgium or abroad, is give instructions or training referred to in article 140quater, to commit any of the offences referred to in article 137, with the exception of that referred to in article 137, paragraph 3, 6 °, shall be punished by imprisonment of five to ten years and a fine of one hundred euros to five thousand euros. ».
S. 8. article 141ter of the Code, inserted by the law of 19 December 2003, is replaced by the following: «art.» 141ter. nothing in this title shall be construed as seeking to reduce or impede without justification of the rights or freedoms such as the right to strike, freedom of Assembly and association, including the right to form trade unions and join for the defence of its interests, and the right to demonstrate that goes with it freedom of expression, in particular freedom of the press and freedom of expression in other media, such as enshrined notably in articles 8 to 11 of the European Convention for the protection of the human rights and fundamental freedoms. ».
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 18, 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