Posted the: 2013-01-31 Numac: 2013009050 SERVICE PUBLIC FÉDÉRAL JUSTICE January 14, 2013. -Law amending article 405quater of the penal Code and article 2 of the Act of October 4, 1867, extenuating circumstances (1) 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.
2. article 405quater of the penal Code, inserted by the Act of 25 February 2003, replaced by the law of 10 May 2007 and amended by the law of December 30, 2009, is replaced by the following: «art.» 405quater. when a mobile crime or the crime is hatred, contempt or hostility against a person because of his supposed race, colour of skin, his ancestry, his national or ethnic origin, nationality, sex, his change of sex, sexual orientation, marital status, birth his age, his fortune, his conviction religious or philosophical, his State of health, current or future, disabilities, language, political belief, Association belief, physical or genetic characteristic, or social origin, sentences will be the following: 1 ° in the cases referred to in article 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 imprisonment brought by these articles will be doubled to a maximum of five years and the maximum of the penalty of fine will be doubled to a maximum of five hundred euros.
3 ° in the cases referred to in articles 400, 1st paragraph, 402 and 405bis, 4 °, the penalty will be imprisonment from five to ten years;
4 ° in the cases referred to in articles 400, paragraph 2, 401, paragraph 1, 403, 405bis, 5 ° to 9 °, the penalty will be imprisonment from ten years to fifteen years;
5 ° in the case referred to in articles 401, paragraph 2, 405bis, 6 °, 7 ° and 10 °, the penalty will be imprisonment of fifteen to twenty years;
6 ° in cases referred to in articles 404, 405bis, 8 ° and 11 °, the penalty will be imprisonment from twenty to thirty years. ».
S. 3. in article 2, paragraph 3, of the law of October 4, 1867, extenuating circumstances, replaced by the law of December 21, 2009, is inserted a 5 ° 1 worded as follows: "(5) 1. If it's a crime referred to in article 405quater, 6 °, of the penal Code; ».
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on January 14, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: House of representatives: Parliamentary papers 53-2473-2012/2013 - No. 1: Bill.
-No. 2: amendments.
-No. 3: Report on behalf of the Committee on Justice.
-No 4: Text adopted by the Committee on Justice.
-No. 5: The text adopted in plenary meeting and transmitted to the Senate.
Full report: 13 December 2012.
Senate: Parliamentary papers 5-1888-2012/2013 - No. 1: project referred by the Senate.
-No. 2: Report on behalf of the Committee on Justice.
-No. 3: Decision not to amend.