belgiquelex.be - Carrefour Bank of Legislation

27 DECEMBER 2012. - Act respecting various provisions in the matter of justice (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Electronic custody
Section 1^er. - Amendments to the Act of 20 July 1990 on preventive detention
Art. 2. ÷ article 16 of the Act of 20 July 1990 on preventive detention, as amended by the Acts of 23 January and 10 April 2003, 31 May 2005, 20 July 2006 and 13 August 2011, the following amendments are made:
1° in § 1^era sub-item is inserted between subparagraphs 1^er and 2:
"The investigating judge also decides whether this arrest warrant must be carried out either in a prison or in electronic custody. The execution of the detention under electronic surveillance, which involves the permanent presence of the person concerned at a specified address, with the exception of authorized travel, shall take place in accordance with the terms fixed by the King. »;
2° in § 5, a paragraph written as follows is inserted between paragraphs 2 and 3:
"In the event that the investigating judge decides that the arrest warrant must be executed by electronic custody, he also mentions the address of the execution of the detention under electronic surveillance. "
Art. 3. In section 20 of the Act, as amended by the Acts of 12 January 2005 and 13 August 2011, the following amendments are made:
(a) a paragraph 3bis is inserted as follows:
§ 3bis. If the arrest warrant is executed by electronic custody, the investigating judge may:
1° prohibit the inculcated person from visiting persons individually quoted in the arrest warrant;
2° prohibit any correspondence with individuals or instances referred to individually in the arrest warrant;
3° prohibit any telephone or electronic communication with the individuals or instances mentioned individually in the arrest warrant. »;
(b) in § 6, paragraph 1^erthe words “of § 3” are replaced by the words “of § 3 and § 3bis”;
(c) the article is supplemented by a § 7 written as follows:
“§ 7. §§ 2 and 3 are not applicable to the arrest warrant which is carried out by electronic custody. "
Art. 4. In section 21 of the Act, the following amendments are made:
1° § 1^er, paragraph 2, is supplemented by the words "as well as the modality of the execution of it. »;
2° in § 4, the words "and pronounces itself on the modality of the execution of it" are inserted between the words "of detention" and the words "according to".
Art. 5. In section 22 of the Act, as amended by the Acts of 31 May 2005 and 11 February 2010, the following amendments are made:
1st paragraph 1^er is completed by the words "and on the modality of the execution of it. »;
2° in paragraph 2, the first sentence is supplemented by the words "and the modality of the execution of it. »;
3° in paragraph 2, the second sentence is replaced by the following: "In this case, the pre-trial detention order and the execution of the order is valid for three months from the day the order is issued. »;
4° Paragraph 6 is supplemented by the words "or amend the modality of the execution of the word. »;
5° in paragraph 7, the words "or that the modality of execution must be modified" are inserted between the words "to be maintained" and the words ", it motivates".
Art. 6. In section 22bis of the Act, inserted by the Act of 31 May 2005 and amended by the Act of 30 December 2009, the following amendments are made:
1° in paragraph 1^er, the words "or modification of the execution modality" are inserted between the words "to be released" and the words "to be granted";
2° in paragraph 7, the words "or that the modality of execution must be modified" are inserted between the words "to be maintained" and the words ", the room";
3° in paragraph 8, the words "or modification of the execution modality" are inserted between the words "preventive detention" and the words "is valid".
Art. 7. In title I^er, chapter IV, of the same law, an article 24bis is inserted as follows:
"Article 24bis. The investigating judge may, at the request of the King's Prosecutor, at any time of the proceedings, decide by a reasoned order that the arrest warrant or order or the order or order to keep the pretrial detention carried out by an electronic custody shall be executed from that time in the prison, if:
1° the accused remains in default of presenting himself to an act of the procedure;
2° the accused does not comply with the standard instructions and the rules of electronic custody established in accordance with Article 16, § 1^er2;
3° the accused ignores the prohibitions provided for in Article 20, § 3bis;
4° of new and serious circumstances make this necessary.
The order is served without delay to the accused and promptly communicated to the King's Prosecutor.
This order is not subject to appeal.
The procedure is carried out in accordance with the provisions of chapters III, IV and V."
Art. 8. Article 25, § 2, paragraph 3, of the same law, replaced by the law of 31 May 2005, is supplemented by the words "or the modification of the modality of the execution of the latter. "
Art. 9. In Article 35, § 3, of the same Law, the words "one of the reasons set out in Article 16, § 1^er, third paragraph, are replaced by the words "one of the reasons set out in Article 16, § 1^erParagraph 4."
Chapter II. - Evaluation
Art. 10. The Minister of Justice assesses the application of the provisions on electronic custody within eighteen months of their entry into force.
Chapter III. - Entry into force
Art. 11. This title comes into force at a date to be determined by the King, and no later than 1^er January 2014.
PART III. - Amendments to the Act of 20 July 1990
on preventive detention
Art. 12. In Article 21, § 3, of the Act of 20 July 1990 on preventive detention, paragraph 2 is replaced by the following:
"This provision may be made in the form of copies, if any in electronic form, certified by the Registrar. "
Art. 13. In section 22 of the Act, as amended by the Acts of 31 May 2005, 21 December 2009 and 11 February 2010, the following amendments are made:
1° Paragraph 5 is replaced by the following:
"This provision may be made in the form of copies, if any in electronic form, certified by the Registrar. »;
2° in paragraph 8, the third sentence "The provision may be made in the form of certified copies in accordance with the Registrar. is replaced by the following:
"This provision may be made in the form of copies, if any in electronic format, certified by the Registrar. "
Art. 14. In section 22bis, paragraph 4, of the Act, inserted by the Act of 31 May 2005, the third sentence is replaced by the following:
"This provision may be made in the form of copies, if any in electronic format, certified by the Registrar. "
PART IV. - Amendments to the provisions concerning the person in question in person
Art. 15. In section 21 of the Act of 20 July 1990 on preventive detention, the following amendments are made:
1° in § 1^er, paragraph 2, the words ", the accused and his counsel" are replaced by the words "and the accused and/or his counsel";
2° in § 2, the words "or by registered letter to the post" are replaced by the words ", by registered mail or by electronic means".
Art. 16. In section 22 of the Act, as amended by the Acts of 31 May 2005 and 11 February 2010, the following amendments are made:
1° in paragraph 3, the words "or by fax" are replaced by the words ", by fax or by electronic means";
2° in paragraph 4, the words "or by registered letter to the position" are replaced by the words ", by registered mail or by electronic mail";
3° in paragraph 8, the words "or by registered letter to the position" are replaced by the words ", by registered mail or by electronic means".
Art. 17. In section 22bis of the Act, inserted by the Act of 31 May 2005 and amended by the Act of 30 December 2009, the following amendments are made:
1° in paragraph 4, the words "or by registered letter to the position" are replaced by the words ", by registered mail or by electronic means";
2° in paragraph 5, the words "the public prosecutor, the interested person and his counsel heard" are replaced by the words "the public prosecutor and the interested person and/or his counsel heard".
Art. 18. Section 23, 2°, of the Act is replaced by the following:
"2° the accused person appears in person or represented by a lawyer. The board may, without its decision being appealed, order the appearance in person at least three days before the appearance. This decision is served on the party concerned at the Public Prosecutor's request. If the accused or his lawyer does not appear, he is judged in their absence. "
Art. 19. In Article 30, § 3, of the Act, as amended by the Act of 31 May 2005, the following amendments are made:
1° in paragraph 1^erthe words "the public prosecutor, the accused, the accused or the accused and his counsel heard" are replaced by the words "the public prosecutor and the accused, the accused and/or his counsel heard";
2° Paragraph 3 is reinstated in the following wording:
"The rules laid down in article 23, 1° to 4°, are applied to the proceedings before the indictment board. "
PART V. - Amendments to the Criminal Code and the Act of 4 October 1867 on mitigating circumstances
Art. 20. ÷ section 410bis of the Penal Code, inserted by the Act of 20 December 2006, the following amendments are made:
(a) in paragraph 1^er, the words "a member of the staff employed by the SPF Justice in a penitentiary institution or in the security corps" are inserted between the words "a doorman of an operator of a public transport network" and the words "a factor" and the words "the minimum penalty imposed by these articles will be doubled if it is a prison, and increased by two years if it is a prison term. are replaced by the words "sentences will be those provided in paragraph 3. »;
(b) in paragraph 2 the words "It will be the same if" are replaced by the word "If" and the paragraph is supplemented by the words ", the penalties shall be those provided for in paragraph 3. »;
(c) the article shall be supplemented by a paragraph written as follows:
"The penalties are as follows:
1° in the cases referred to in sections 398, 399 and 405, the maximum of the prison sentence imposed by these articles will be doubled with a maximum of five years;
2° in the cases referred to in articles 400, paragraph 1^er and 402, the sentence shall be imprisonment for five years to ten years;
3° in the cases referred to in articles 400, paragraph 2, 401, paragraph 1^er and 403, the penalty shall be imprisonment for ten years to fifteen years;
4° in the cases referred to in article 401, paragraph 2, the penalty shall be the imprisonment of fifteen years to twenty years;
5° in the cases referred to in section 404, the penalty shall be imprisonment from twenty years to thirty years. "
Art. 21. In section 2, paragraph 3, of the Act of 4 October 1867 on mitigating circumstances, replaced by the Act of 21 December 2009, a 6° /1 was inserted as follows:
"6° /1 if it is a crime referred to in Article 410bis, paragraph 3, 5°, of the Criminal Code; "
PART VI. - Authorization to consult or obtain a copy of the repressive file
Chapter I^er. - Amendment of the preliminary title of the Code of Criminal Procedure
Art. 22. Article 5bis, § 3, of the preliminary title of the Code of Criminal Procedure, inserted by the law of 12 March 1998, is supplemented by a paragraph written as follows:
"She has the right to ask to consult and obtain a copy of the file. "
Chapter II. - Amendments to the Code of Criminal Investigation
Art. 23. In the first book of the Code of Criminal Investigation, a chapter IIIbis is inserted entitled:
“Chapter IIIbis. - Authorization to consult or obtain a copy of the file »
Art. 24. In chapter IIIbis, inserted by article 23, an article 21bis is inserted as follows:
"Art. 21bis. Without prejudice to the provisions of the particular laws and the application of articles 28quinquies, § 2, 57, § 2, and 127, § 2, it is decided upon the request of the person directly concerned to consult the file or obtain a copy thereof by the investigating judge, in accordance with Article 61ter, or by the public ministry, according to the state of the proceedings.
A person is considered to be directly interested: the accused, the person in respect of whom the public action is engaged in the course of the investigation, the suspected person, the civilly responsible party, the civil party, the person who made a statement of an injured person, and those who are subrogated in their rights or persons who represent them as an ad hoc agent, curator, provisional administrator, guardian or guardian or guardian.
In all other cases, the decision on the authorization to consult or obtain a copy of the file is made by the Public Prosecutor's Office, even during the course of the investigation. "
Art. 25. In article 61ter of the same Code, inserted by the law of 12 March 1998 and amended by the law of 4 July 2001, §§ 1^er2, 3 and 4 are replaced by the following:
« § 1^er. The parties directly concerned, referred to in section 21bis, may, during the instruction, request the investigating judge to consult the file or obtain a copy thereof.
§ 2. As soon as it is inadmissible, the request is motivated and contains an election of domicile in Belgium if the applicant does not have his domicile. It is addressed or filed with the court of first instance at the earliest one month after the initiation of the proceedings and is registered in an open register. The Clerk shall promptly transmit a copy to the King's Prosecutor. This one takes the requisitions that he considers useful.
The investigating judge shall rule no later than in the month of the registration of the request in the register.
The order is communicated by the Clerk to the King's Prosecutor and is notified to the Grievor and, where appropriate, to his counsel by fax or by registered mail within eight days of the decision.
§ 3. The investigating judge may prohibit the consultation or copying of the record or of certain documents if the requirements of the instruction require it, or if the consultation presents a danger to persons or seriously impairs their privacy or the applicant does not justify a legitimate reason to consult the file. The investigating judge may limit the consultation or copy to the portion of the record for which the appellant may justify an interest.
§ 4. If the request for consultation or a copy is granted, the file shall, without prejudice to the possible application of § 3, be made available within twenty days of the order of the investigating judge and not later than the period referred to in § 5, paragraph 1^erin original or in copy, to be consulted by the appellant and his counsel for at least 48 hours. The Clerk shall give notice to the Grievor and his counsel, by fax or by registered mail, of the time the record may be consulted.
The appellant may make use of the information obtained by the consultation or copy only in the interest of his defence, provided that he or she respects the presumption of innocence, as well as the rights of the defence of third parties, the privacy and dignity of the person, without prejudice to the right provided for in section 61quinquies for the accused and the civil party. "
Art. 26. In article 127, § 2, third sentence, of the same Code, replaced by the law of May 31, 2005, the words ", who made a statement of an injured person" are inserted between the words "civil party" and the words "and their counsels. "
Chapter III. - Amendment of the Criminal Code
Art. 27. In section 460ter of the Criminal Code, inserted by the Act of 12 March 1998 and amended by the Act of 26 June 2000, the following amendments are made:
1° the words "by the inculcated or the civil part" are repealed;
2° the words "consultant le" are replaced by the words "consultant or obtaining a copy of".
Chapter IV. - Amendment of the Judicial Code
Art. 28. In section 1380 of the Judicial Code, paragraph 2 is replaced by the following:
"The Public Prosecutor's Office shall decide on the communication and copying of the acts of instruction and procedure in disciplinary cases or for administrative purposes. "
PART VII. - Amendment of the Code of Criminal Investigation
Art. 29. In Article 88bis, § 1^er, from the Criminal Code, inserted by the Act of 11 February 1991, replaced by the Act of 10 June 1998 and amended by the Act of 8 June 2008, paragraph 5 is replaced by the following:
"In case of flagrante delicto, the King's Attorney may order the measure for the offences referred to in Article 90ter, §§ 2, 3 and 4. In this case, the measure must be confirmed within 24 hours by the examining magistrate. If, however, this is the offence referred to in article 347bis or 470 of the Criminal Code, the King's Prosecutor may order the measure as long as the situation of flagrante delicto continues, without confirmation by the investigating judge being necessary. "
Art. 30. In article 90ter of the same Code, inserted by the law of 30 June 1994, § 5 is replaced by the following:
“§ 5. In cases of flagrante delicto and as long as the situation of flagrante delicto persists, the Crown Prosecutor may order the measure referred to in § 1^er for offences under section 347bis or 470 of the Criminal Code. "
PART VIII. - Amendment of the Act of 29 June 1964
concerning suspension, stay and probation
Art. 31. Article 1^er of the Suspension, Suspension and Probation Act of 29 June 1964, replaced by the Act of 10 February 1994 and amended by the Acts of 22 March 1999 and 17 April 2002, the following amendments are made:
(a) in § 2, in the sentence beginning with the words "Planned measures" and ending with the words "simple stay". the words "and at least understand the conditions mentioned in § 2bis" are inserted between the words "probatory stay" and the words "; in the absence of";
(b) a paragraph 2bis is inserted, which reads as follows:
“§ 2bis. The measures provided for in § 2 always have the following conditions:
1° do not commit offences;
2° have a fixed address and, in the event of a change of the address of the new residence, contact the legal assistant responsible for guidance without delay;
3° follow up on the summonses of the Probation Commission and those of the Legal Assistant responsible for guidance.
These conditions can be supplemented by individualized conditions, aimed at avoiding recidivism and mentoring guidance. »;
(c) in § 3, paragraph 1^er, the words "or a working sentence" are replaced by the words ", a working sentence or a fine".
PART IX. - Contribution to the costs of the Random Games Commission
Art. 32. Confirmed with effect on the date of their respective entry into force:
1° the Royal Decree of December 23, 2009 on the contribution to the operating, personnel and installation costs of the Commission of Random Games due by the licensees of Class A, B, C and E for the calendar year 2010;
2° the Royal Decree of 22 December 2010 concerning the contribution to the operating, personnel and installation costs of the Commission of Random Games due by the licensees of Class A, A+, B, B+, C, E, F, F+ and G for the calendar year 2011;
3° the Royal Decree of 22 December 2010 setting the guarantee for Class C licences for the calendar year 2011;
4° the Royal Decree of 6 March 2012 concerning the contribution to the operating, personnel and installation costs of the Commission of Random Games due by the licensees of Class A, A+, B, B+, C, E, F1, F1+, G1 and G2 for the calendar year 2012.
TITRE X. - Amendment of the Act of 8 June 2006 regulating economic and individual activities with weapons
Art. 33. In article 17, paragraph 1^er, of the law of 8 June 2006 regulating economic and individual activities with weapons, the words "3, § 2, 2°, or" are inserted between the words "of the article" and the words "3, § 3, 2°, class".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 27, 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
For the Minister of Justice absent,
Minister of Pensions,
A. DE CROO
____
Note
(1) See:
Documents of the House of Representatives:
53-2533 - 2012/2013:
N^o 1: Text adopted in plenary and transmitted to the Senate.
Full report: 28-29 November 2012.
Documents of the Senate:
5-1864 - 2012/2013:
N°1: Project referred to by the Senate.
N^o 2: Amendments.
N^o 3: Report.
N^o 4: Decision not to amend.
Annales of the Senate: December 13, 2012.
See also:
Documents of the House of Representatives:
53-2429 - 2011/2012:
Number 1: Bill.
53-2429 -2012/2013:
No. 2-5: Amendments.
Number 6: Report.
No. 7 and 8: Texts adopted by the commission.
No. 9: Text adopted in plenary and transmitted to the Senate.
Full report: 28-29 November 2012
Documents of the Senate:
5-1863 - 2012/2013:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and submitted Royal Assent.
Annales of the Senate: December 13, 2012