Miscellaneous Provisions Act Justice (1)

Original Language Title: Loi portant des dispositions diverses en matière de justice (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009021&caller=list&article_lang=F&row_id=1300&numero=1366&pub_date=2013-01-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-01-31 Numac: 2013009021 SERVICE PUBLIC FÉDÉRAL JUSTICE 27 December 2012. -Miscellaneous Provisions Act Justice (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE II. -The detention under electronic monitoring Chapter 1. -Amendments to s. pre-trial detention Act of 20 July 1990 2 ÷ article 16 of the pre-trial detention Act of 20 July 1990, amended by the law of 23 January and 10 April 2003, 31 May 2005, July 20, 2006 and August 13, 2011, the following changes are made: 1 ° in the § 1, a paragraph worded as follows is inserted between paragraphs 1 and 2: "the investigating judge also decides if this arrest warrant must be executed in a prison. , either by a detention under electronic monitoring. The execution of detention under electronic surveillance, which involves the permanent presence of the person responsible for a specific address, with the exception of authorized travel, takes place in accordance with the procedures laid down by the King. »;
2 ° in § 5, a paragraph worded as follows is inserted between paragraphs 2 and 3: "where the investigating judge decides that the arrest warrant must be executed by a detention under electronic surveillance, he also mentions the address of the execution of detention under electronic monitoring.".
S. 3. section 20 of the Act, as amended by laws of January 12, 2005 and August 13, 2011, the following changes are made: has) inserted a § 3bis worded as follows: "§ 3A. '. If the arrest warrant is executed by a detention under electronic monitoring, the investigating judge may: 1 ° prohibit the accused the visit of persons named individually in the arrest warrant;
2 ° prohibit any correspondence with persons or instances cited individually in the arrest warrant;
3 ° prohibit any communication telephonic or electronic with persons or bodies mentioned individually in the arrest warrant. »;
(b) in section 6, paragraph 1, the words "§ 3" are replaced by the words "§ 3 and § 3A «;»
(c) article is supplemented by a § 7 worded as follows: ' ' § § 7 7 §§ 2 and 3 are not applicable to the arrest warrant that is executed by a detention under electronic monitoring.
».
S. 4 A section 21 of the Act, the following amendments are made: 1 ° the § 1, paragraph 2, is supplemented by the words 'and the modality of execution thereof.';
2 ° in § 4, the words 'and to decide on the modality of execution thereof' shall be inserted between the words "detention" and the words "following the.
S. 5 in section 22 of the Act, amended by the acts of 31 May 2005 and February 11, 2010, the following changes are made: 1 ° 1st paragraph is supplemented by the words 'and on the modality of execution thereof.';
2 ° in paragraph 2, the first sentence is supplemented by the words 'and on the modality of execution thereof.';
3 ° in paragraph 2, the second sentence is replaced by the following: "in this case, the order of preventive detention and the modality of execution thereof is valid for three months from the date when the order is made.";
4 ° paragraph 6 is supplemented by the words 'or change the modality of execution thereof.';
5 ° in paragraph 7, the words "or that the execution modality should be amended" shall be inserted between the words "be maintained" and the words ", it motivates.
S. 6a article 22bis of the Act, inserted by the law of 31 May 2005 and amended by the law of December 30, 2009, the following amendments are made: 1 ° in 1 paragraph, the words "or the modification of the execution modality" are inserted between the words "release" and the words "may be granted."
2 ° in paragraph 7, the words "or that the execution modality should be amended" shall be inserted between the words "be maintained" and words ", the Chamber";
3 ° in paragraph 8, the words "or amendment of the execution modality" shall be inserted between the words "preventive detention" and the words "is valid.
S.
7. in title I, chapter IV, of the same Act, it is inserted an article 24A as follows: «Article 24a. The investigating judge may decide ex officio or at the request of the Prosecutor, at any time of the procedure, by a reasoned order, as the arrest warrant or order or the judgment of continued preventive detention executed by detention under electronic surveillance will be executed from that time in prison, if: 1 ° the accused remains in default to attend an act of procedure;
2 ° the accused does not meet the standard instructions and the detention under electronic surveillance rules laid down pursuant to article 16, § 1, paragraph 2;
3 ° the accused fails to comply with the prohibitions laid down in article 20, § 3A;
4 ° of new and serious circumstances make this necessary measure.
The order is served to the accused without delay and communicated without delay to the Prosecutor of the King.
This order is likely to no remedy.
The procedure takes place in accordance with the provisions of chapters III, IV and v".
S. 8. article 25, § 2, paragraph 3, of the Act, replaced by the law of May 31, 2005, is supplemented by the words "or the modification of the modality of execution thereof.".
S. 9. in article 35, paragraph 3, of the Act, the words "one of the reasons set out in article 16, § 1, third paragraph, ' shall be replaced by the words" one of the reasons set out in article 16, § 1, paragraph 4,
Chapter II. -Assessment s. 10. the Minister of Justice assesses the application of the provisions relating to detention under electronic surveillance in the eighteen months of their entry into force.
Chapter III. -Entry into force art. 11. this title comes into force on a date to be fixed by the King, and no later than 1 January 2014.
TITLE III. -Amendments to s. pre-trial detention Act of 20 July 1990
12. in article 21, § 3, of the pre-trial detention Act of 20 July 1990, paragraph 2 is replaced by the following: 'this made available may be in the form of copies, where appropriate in electronic form, certified by the clerk.'.
S. 13 in section 22 of the Act, as amended by the laws of the May 31, 2005, December 21, 2009 and February 11, 2010, the following changes are made: 1 ° paragraph 5 is replaced by the following: 'this made available may be in the form of copies, where appropriate in electronic form, certified by the clerk.';
2 ° in paragraph 8, the third sentence "provision may be in the form of certified copies by the clerk." is replaced by the following: 'this made available may be in the form of copies, where appropriate in electronic format, certified by the clerk.'.
S. 14. in article 22A, paragraph 4, of the Act, inserted by the law of 31 May 2005, the third sentence is replaced by the following: 'this made available may be in the form of copies, where appropriate in electronic format, certified by the clerk.'.
TITLE IV. -Amendments to the provisions concerning the attendance in person of the accused s. 15 A article 21 of the pre-trial detention Act of 20 July 1990, the following changes are made: 1 ° in the § 1, paragraph 2, the words ", the accused and his counsel" shall be replaced by the words "and the accused and/or its Board";
2 ° in § 2, the words "or by registered letter to the post office" are replaced by the words ", by registered mail or electronically.
S. 16 in section 22 of the Act, amended by the acts of 31 May 2005 and February 11, 2010, the following changes are made: 1 ° in paragraph 3, the words "or by fax" are replaced by the words ", by fax or electronically '.
2 ° in paragraph 4, the words "or by registered letter to the post office" are replaced by the words ", by registered post delivery or electronically."
3 ° in paragraph 8, the words "or by registered letter to the post office" are replaced by the words ", by registered mail or electronically.
S. 17. at article 22bis of the Act, inserted by the law of 31 May 2005 and amended by the law of December 30, 2009, the following amendments are made: 1 ° in paragraph 4, the words "or by registered letter to the post office" are replaced by the words ", by registered mail or electronically.
2 ° in paragraph 5, the words "the public prosecutor, the person concerned and his counsel heard" are replaced by the words 'the Crown and the person concerned and/or his heard Council '.
S. 18. article 23 (2), of the Act is replaced by the following: "2 ° the accused appearing in person or represented by a lawyer. '' The Chamber of the Council may, without that decision can be subject to no appeal, order the appearance in person at least three days prior to the appearance. This decision shall be served on the party concerned at the request of the public prosecutor. If the accused or his counsel does not appear, it is held in their absence. ».
S.
19. at article 30, paragraph 3, of the Act, as amended by the Act of May 31, 2005, the following changes are made: 1 ° in paragraph 1, the words 'the Crown,

the accused, the accused or the accused and his counsel heard"are replaced by the words"the Crown and the accused, the accused or the accused and/or his Council heard ";
2 ° paragraph 3 was re-established in the following wording: "the rules laid down in article 23, 1 ° to 4 °, shall apply to the procedure before the indictments chamber.".
Title V. - Amendments to the penal Code and the law of October 4, 1867, extenuating circumstances article 20. ÷ article 410bis of the penal Code, inserted by the law of December 20, 2006, the following changes are made: a) in paragraph 1, the words 'a member of the staff employed by the SPF Justice in a penal institution or within the body of security,' shall be inserted between the words "a turnkey for an operator of a network of public transport", and the words "a factor". ' and the words 'the minimum of the penalty carried by these articles will be doubled if it is a term of imprisonment, and increased by two years if it is imprisonment.' shall be replaced by the words ' the penalties shall be those laid down in paragraph 3.';
(b) in paragraph 2 the words «It will be same if» are replaced by the word 'If' and paragraph is supplemented by the words ', the penalties shall be those laid down in paragraph 3.';
(c) article is supplemented by a paragraph worded as follows: "the penalties are as follows: 1 ° in the cases referred to in articles 398, 399 and 405, the maximum of imprisonment brought by these articles will be doubled to a maximum of five years;
2 ° in the cases referred to in articles 400, 1st paragraph and 402, the penalty will be imprisonment from five to ten years;
3 ° in the cases referred to in articles 400, paragraph 2, 401, paragraph 1 and 403, the penalty will be imprisonment from ten years to fifteen years;
4 ° in the cases referred to in article 401, paragraph 2, the penalty will be imprisonment of fifteen to twenty years;
5 ° in the case referred to in article 404, the penalty will be imprisonment from twenty to thirty years. ».
S. 21 article 2, paragraph 3, of the law of October 4, 1867, extenuating circumstances, replaced by the law of December 21, 2009, it is inserted in a 6 ° 1 worded as follows: «6 ° 1 if it is a crime that is referred to in article 410bis, paragraph 3, 5 °, of the penal Code;
TITLE VI. -Authorization to consult the repressive folder or obtain copies chapter I:. -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 Act of 12 March 1998, is supplemented by a paragraph worded as follows: "she has the right to ask to consult the file and to obtain a copy.
».
Chapter II. -Changes of the Code of criminal investigation article 23. in the first book of the Code of criminal procedure, a chapter III bis is inserted: ' chapter IIIbis '. -Of the authorization to consult the folder or copy' art. 24. in chapter III bis, inserted by section 23, it is inserted an article 21bis as follows: «art.» 21A. without prejudice to the provisions of specific laws and the application of articles 28quinquies, § 2, 57, § 2, and 127, § 2, held at the request of the person directly concerned to consult the record or copy by the judge of instruction, in accordance with article 61ter, or by the public prosecutor, depending on the State of the procedure.
Is considered as a person directly interested: the accused, the person in respect of which public action is committed in the context of the statement, the suspect, civilly responsible party, civil party, who made a statement of injured, as well as those who are subrogated in their rights or persons representing them as ad hoc Agent trustee, provisional administrator, guardian or tutor ad hoc.
In all other cases, the decision on authorization of access to the record or copy is made by the Crown, even during the statement.
».
S. 25. in article 61ter of the Code inserted by the law of March 12, 1998 and amended by the Act of 4 July 2001, §§ 1, 2, 3 and 4 are replaced by the following: "§ 1.» Directly interested parties, referred to in article 21a, may, during the investigation, ask the investigating judge permission to consult the folder or copy.
§ 2. Under penalty of inadmissibility, the query is motivated and contains election of domicile in Belgium if the applicant is not domiciled. It is addressed or lodged at the registry of the Court of first instance at the earliest one month after the prosecution and entered in a register opened for this purpose. The Registrar shall inform without delay a copy King's attorney. It takes the requirements it deems appropriate.
The investigating judge statue at the latest within one month of registration of the application in the registry.
The order is communicated by the Registrar to the Prosecutor of the King and is notified to the applicant and, where appropriate, to its Board by fax or by registered delivery within eight days from the date of the decision.
§
3. The investigating judge may prohibit the consultation or the copy of the folder or parts if the statement needs so require, or if the consultation present a danger to persons or seriously impairs their privacy or that the applicant does not justify a pattern legitimate to view the folder. The investigating judge can limit viewing or copying to the part of the record for which the claimant can prove an interest.
§ 4. If it is accessed at the request of consultation or obtaining a copy, the folder is, without prejudice to the application of § 3, available within twenty days of the order of the judge of instruction and as soon as possible after the period specified in § 5, 1st paragraph, original or copy, to be consulted by the applicant and his counsel for at least 48 hours. The clerk gives notice to the applicant and to its Board, by fax or by registered delivery, when the record will be made available.
The applicant cannot make use of information obtained by consulting or copying in the interests of his defense, at the condition to respect the presumption of innocence, as well as the rights of defence of third parties, the privacy and the dignity of the person, without prejudice to the right provided for in article 61quinquies for the accused and the civil party. ».
S. 26. in article 127, paragraph 2, third sentence, of the same Code, replaced by the law of 31 May 2005, the words ', one which has made a declaration of person aggrieved "shall be inserted between the words"civil party"and the words"and their advice.".
Chapter III. -Modification du Code penal Art.
27. at article 460ter of the penal Code, inserted by the law of March 12, 1998 and amended by the Act of June 26, 2000, the following changes are made: 1 ° the words "by the accused or civil party" are repealed;
2 ° the words "who viewed the» are replaced by the words" viewing or obtaining copies of.
Chapter IV. -Modification of Code judiciary art. 28. in article 1380 of the Judicial Code, paragraph 2 is replaced by the following: "the Crown decides the communication and the copy of the proceedings of instruction and procedure within the framework of disciplinary or administrative purposes.".
TITLE VII. -Modification of Code of criminal procedure art. 29. in article 88bis, § 1, of the Code of criminal procedure, inserted by the Act of 11 February 1991, replaced by the Act of June 10, 1998 and amended by the Act of June 8, 2008, paragraph 5 is replaced by the following: 'in flagrante delicto, the Prosecutor may order the measure for the offences referred to in article 90b §§ 2, 3 and 4. In this case, the measure must be confirmed within 24 hours by the investigating judge.
If it is however of the offence referred to in article 347 bis or 470 of the penal Code, the Prosecutor may order the measure as long as the situation of flagrante delicto continues, without the need for a confirmation by the investigating judge. ».
S. 30. in article 90b of the Code inserted by the law of 30 June 1994, § 5 is replaced by the following: "§ § 5 5.» In the event of flagrante delicto and as long as the situation of flagrante delicto continues, the Prosecutor may order the measure referred to the § 1 for the offences referred to in article 347 bis or 470 of the penal Code. ».
TITLE VIII. -Amendment of the law of 29 June 1964 on suspension, the stay and the article probation (31A in article 1 of the law of 29 June 1964 on suspension, suspension and probation, replaced by the law of 10 February 1994 and amended by the law of 22 March 1999 and April 17, 2002, the following changes are made: a) § 2, in the sentence beginning with the words "Planned measures" and ending with the words «'simple probation».» , the words "and include at least the conditions mentioned to the § 2A» are inserted between the words «'probationary sentences»» and the words «;» "in the absence of";
(b) there shall be inserted a § 2A, as follows: "§ 2A.» The measures provided for in § 2 are always subject to the following conditions: 1 ° do not commit offences;
2 ° have a fixed address and in case of change thereof, promptly address of his new residence to the assistant justice of the guidance;
3 ° follow up the convocations of the probation commission and those of the assistant of justice guidance.
These terms may be supplemented by individualized conditions, to prevent recidivism and to supervise the guidance. »;
(c) in paragraph 3, paragraph 1,

the words "or a penalty of work" are replaced by the words ', a work or a fine penalty '.
TITLE IX. -Contribution to the costs of the Commission on gambling article
32 are confirmed with effect from the date of their respective commencement: 1 ° the royal decree of 23 December 2009 on the contribution to the operating expenses, personnel and installation of the Gambling Commission and E for the year payable by licensees of class A, B, C civil 2010;
2 ° the royal decree of 22 December 2010 on the contribution to the operating expenses, personnel and installation of the Gambling Commission payable by 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 fixing the guarantee for the C class licences for the calendar year 2011;
4 ° the royal decree of 6 March 2012 on the contribution to the operating expenses, personnel and installation of the Gambling Commission payable by licensees of class A, A +, B, B +, C, E, F1, F1 +, G1 and G2 for calendar year 2012.
TITLE x. - Modification of the Act of June 8, 2006, setting economic and individual activities with weapons arts. 33. in article 17, paragraph 1, of the Act of June 8, 2006, setting economic and individual activities with weapons, the words "3, §2, 2 °, or" shall be inserted between the words "section" and the words "3, § 3, 2 °., class
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, December 27, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: for absent Justice, the Minister of Pensions Minister A. DE CROO _ Note (1) see: records of the House of representatives: 53-2533-2012/2013: No. 1: text adopted in plenary meeting and transmitted to the Senate.
Full record: 28-29 November 2012.
The Senate documents: 5-1864-2012/2013: N ° 1: project referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: Decision not to amend.
Annals of the Senate: December 13, 2012.
See also: records of the House of representatives: 53-2429-2011/2012: No. 1: Bill.
53 - 2429 - 2012/2013: No. 2 to 5: amendments.
No. 6: report.
No. 7 and 8: texts adopted by the commission.
No. 9: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 28-29 November 2012 Senate Documents: 5-1863-2012/2013: No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Text adopted in plenary and subject session Royal assent.
Annals of the Senate: December 13, 2012