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Act To Amend Article 405Quater Of The Penal Code And Article 2 Of The Act Of October 4, 1867, Extenuating Circumstances (1)

Original Language Title: Loi modifiant l'article 405quater du Code pénal et l'article 2 de la loi du 4 octobre 1867 sur les circonstances atténuantes (1)

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belgiquelex.be - Carrefour Bank of Legislation

14 JANVIER 2013. - An Act to amend section 405quater of the Criminal Code and section 2 of the Act of October 4, 1867 on mitigating circumstances (1)



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. Section 405quater of the Criminal Code, inserted by the Act of 25 February 2003, replaced by the Act of 10 May 2007 and amended by the Act of 30 December 2009, is replaced by the following:
"Art. 405quater. When one of the motives of the crime or offence is hatred, contempt or hostility towards a person because of his or her alleged race, colour of skin, descent, national or ethnic origin, nationality, sex, sex change, sexual orientation, civil status, birth, age, property, religious or philosophical belief,
1° in the cases referred to in section 393, the penalty shall be life imprisonment;
2° in the cases referred to in articles 398, 399, 405 and 405bis, 1° to 3°, the maximum of the prison sentence imposed by these articles will be doubled with a maximum of five years and the maximum fine will be doubled with a maximum of five hundred euros;
3° in the cases referred to in articles 400, paragraph 1er, 402 and 405 bis, 4°, the penalty will be imprisonment for five years to ten years;
4° in the cases referred to in articles 400, paragraph 2, 401, paragraph 1er, 403, 405bis, 5° and 9°, the penalty shall be imprisonment for ten years to fifteen years;
5° in the cases referred to in articles 401, paragraph 2, 405 bis, 6°, 7° and 10°, the penalty shall be imprisonment for 15 years to twenty years;
6° in the cases referred to in articles 404, 405bis, 8° and 11°, the penalty shall be imprisonment from twenty years to thirty years. "
Art. 3. In section 2, paragraph 3, of the Act of 4 October 1867 on mitigating circumstances, replaced by the Act of 21 December 2009, is inserted a 5° /1 as follows:
« 5° /1. if it is a crime referred to in Article 405quater, 6°, of the Criminal Code; "
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 14 January 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
(1) See:
House of Representatives:
Parliamentary documents
53-2473- 2012/2013
- No. 1: Bill.
- No. 2: Amendments.
- Number 3: Report made on behalf of the Justice Commission.
- No. 4: Text adopted by the Justice Commission.
- No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 13 December 2012.
Senate:
Parliamentary documents
5-1888-2012/2013
- No. 1: Project referred to by the Senate.
- No. 2: Report made on behalf of the Justice Commission.
- No. 3: Decision not to amend.