Law On The Application Of The Principle Of Mutual Recognition To Financial Penalties Or Measures Involving Deprivation Of Liberty Handed Down In A Member State Of The European Union

Original Language Title: Loi relative à l'application du principe de reconnaissance mutuelle aux peines ou mesures privatives de liberté prononcées dans un Etat membre de l'Union européenne

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Posted the: 2012-06-08 Numac: 2012009226 FEDERAL JUSTICE PUBLIC SERVICE May 15, 2012. -Law on the application of the principle of mutual recognition to financial penalties or deprivation of liberty handed down in a Member State of the European Union, ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available preliminary Article 1.
This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Principles General s. 2 § 1. This Act governs the recognition of judgements and enforcement of sentences or custodial measures in the territory of a Member State of the European Union other than that which issued the judgement.
The objective is to facilitate the rehabilitation and social reintegration of the convicted person.
§ 2. In the relations between the Belgium and other States members of the Union European and without prejudice to article 42, the Act replaces, for the execution of penalties or measures involving deprivation of liberty, the provisions of the law of May 23, 1990 on the Interstate of sentenced persons transfer, recovery and the transfer of the supervision of conditionally sentenced conditionally or released conditionally and the resumption and transfer of execution of sentences and measures involving deprivation of liberty.
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3. for the purposes of this Act, shall mean: 1 ° judgment: a final decision rendered by a Court of the issuing criminal State pronouncing a sentence or a measure involving the deprivation of liberty;
2 ° issuing State: the Member State of the European Union in which a judgment;
3 ° executing State: the Member State of the European Union in which a judgment is transmitted for the purpose of its recognition and its implementation;
4 ° certificate: document which the model appears in annex 1, signed by the competent authority of the issuing State which certifies that its content is accurate.
S. 4 § 1.
This Act establishes a regime without prior agreement of the executing State and a regime with prior agreement of the executing State.
§ 2. The regime without prior approval applies to the transmission of judgments and certificates for the purposes of recognition and enforcement in the following Member States: 1 ° the Member State to which the sentenced person is a national and the territory which she lives;
2 ° the Member State of nationality to which, well that it is not the Member State on whose territory it lives, the person will be expelled once dispensed of the execution of the sentence under a deportation order in the judgment or in a judicial or administrative decision or any other measure due to the judgement.
§ 3. The regime with prior agreement of the executing State applies to the transmission of judgements and certificates for the purposes of recognition and enforcement in another Member State than those referred to in § 2.
S.
5 § 1. This Act applies when the sentenced person is in the issuing State or the executing State.
§ 2. The issuing State alone decides to transmit the judgment and the certificate in another Member State.
However, the executing State and the convicted person may also request, on their own initiative, that the judgment and the certificate are transmitted to the executing State, without however creating an obligation on the part of the issuing State.
§ 3. The Belgian competent authorities consult the competent authorities of the other Member State concerned whenever the situation requires.
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4. Where only a partial recognition of the judgment is contemplated, the competent authorities may agree to partial execution in accordance with conditions which they lay down, for as much as such an execution does not lead to increase the length of the sentence.
§ 5. Enforcement of the sentence in Belgium is governed by Belgian law and the Belgian authorities are only competent to decide on the implementing measures y related thereto, including the grounds for early release or parole.
§ 6. Only the issuing State may decide on an application for review of the judgement pronouncing the sentence to be executed under this Act.

§ 7. The fact that a fine or a decision of confiscation has been pronounced in addition to the punishment or measure involving the deprivation of liberty and has not yet been paid, recovered or enforced cannot impede the execution of the sentence or deprivation of liberty. Where appropriate, it shall apply by Act of August 5, 2006 on the application of the principle of mutual recognition of judicial decisions in criminal matters between the Member States of the European Union.
S. 6 § 1.
Subject to paragraph 2, accompanied by judgment of the certificate cannot be passed with the consent of the convicted person.
§ 2. The consent of the sentenced person is not required when the judgment is passed to: 1 ° the Member State to which the sentenced person is a national and the territory which she lives;
2 ° the Member State to which the person will be expelled once dispensed of the execution of the sentence under a deportation order in the judgment or in a judicial or administrative decision or any other measure due to the judgement;
3 ° the Member State in which the sentenced person fled or returned due to the criminal procedure which it is the object in the State emission or following his conviction in that State.
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7. the judgment or a certified copy thereof, is transmitted by any medium capable of delivering a written record. He is accompanied by the certificate.
The original of the judgment or the certificate, or a certified copy in accordance with these documents, are sent on request.
S. 8. expenses resulting from the execution of the judgement in another Member State are supported by Belgium, excluding the costs associated with the transfer of the sentenced person to the Belgium and the costs incurred exclusively in the territory of that other Member State.
CHAPTER 3. -Procedure for the recognition and enforcement in Belgium of a judgment made in another EU Member State European Section 1st. -Competent authority to give the consent art.
9. in the cases referred to in article 4, paragraph 3, the competent authority to give the consent to the transmission of a judgment accompanied by a certificate for the purposes of recognition and enforcement is the Minister of Justice. In making its determination, the Minister appreciates the objective of rehabilitation and social reintegration of the person on the Belgian territory.
S. 10. the Minister of Justice shall inform without delay the issuing State of its decision whether or not to consent to the transmission of the judgment.
If it consents to the transmission of the judgment, the Minister also informed the Prosecutor of the King of Brussels of its decision.
Section 2. -Conditions of performance art. 11 § 1.
Execution is denied if the facts for which judgment was pronounced do not constitute an offence under Belgian law.
§ 2. Paragraph 1 does not apply if the acts constitute one of the following for all offences that they are punishable in the issuing State by a custodial sentence of a maximum of at least three years: 1 ° participation in a criminal organisation;
2 ° terrorism;
3 ° trafficking of human beings;
4 ° sexual exploitation of children and child pornography;
5 ° illicit traffic in narcotic drugs and psychotropic substances;
6 ° illicit traffic in arms, ammunition and explosives;
7 ° corruption;
8 ° fraud, including fraud affecting the financial interests of the European communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities;
9 ° laundering of the proceeds of crime;
10 ° counterfeiting and counterfeiting of the euro;
11 ° cybercrime;
12 ° crimes against the environment, including illicit trafficking in endangered animal species, and the smuggling of endangered plant species and species;
13 ° helps the entry and irregular stay;
14 ° voluntary homicide, assault and serious injuries;
15 ° illicit trafficking of organs and human tissue;
16 ° kidnapping, illegal restraint and hostage-taking;
17 ° racism and xenophobia;
18 ° organized or with weapon flights;
19 ° illicit trafficking in cultural goods, including antiques and works of art;
20 ° scam;
21 ° racketeering and extortion;
22 ° counterfeiting and piracy of products;
23 ° forgery of administrative documents and trafficking in false;
24 ° forgery of means of payment;
25 ° illicit trafficking in hormonal substances and other growth promoters;
26 ° illicit trafficking in nuclear and radioactive materials;
27 ° trafficking in stolen vehicles;
28 ° rape;
29 ° arson;
30 ° crimes under the international criminal court jurisdiction;
31 ° hijacking of aircraft or ships;
32 ° sabotage.
§ 3. For taxes and taxes, customs and Exchange, execution of a judgment may not be refused on the ground that Belgian law does not impose the same kind tax or taxes or does not contain the same type of legislation on taxes, customs and Exchange as the law of the issuing State.
§ 4. § 2, 14 °, applies neither to the facts of abortion referred in article 350, paragraph 2, of the penal Code, nor to the euthanasia facts covered by Act of 28 May 2002 on euthanasia.
S. 12. execution is refused in the following cases: 1 ° the sentenced person has not given his consent where required under article 6;
(2) the execution of the decision is contrary to the

principle ' no jeopardy ';
3 ° the Belgian law provides immunity which makes impossible the execution of the decision;
4 ° the penalty or measure has been pronounced against a person who, under Belgian law, could not, because of his age, being criminally responsible for the facts on which door the judgment;
5 ° the transmission of the judgment is covered by the scheme with prior consent and the agreement of the Minister has been given in accordance with articles 9 and 10;
6 ° the execution of the decision is prescribed under Belgian law;
7 ° the judgment contains a measure of psychiatric or medical care or an another deprivation of liberty which, even after application of article 18, cannot be executed on Belgian territory in accordance with the legal system or Belgian health;
8 ° the Belgium is not part of the Member States under the scheme without prior agreement defined in article 4, § 2;
9 ° the sentenced person is either on the territory of the State; emission or on the Belgian territory
10 ° if there is serious reason to believe that the execution of the decision would affect the fundamental rights of the person concerned, as they are enshrined in article 6 of the Treaty on European Union.
S. 13 § 1.
Enforcement may be refused in the following cases: 1 ° the judgment relates to offences that under Belgian law, are regarded as having been committed wholly or largely or mainly on its territory or in a place treated as its territory;
2 ° to the date of receipt of the judgment by the competent authority for execution, the length of the sentence remaining to be served is less than six months;
3 ° the competent executing authority cannot recognize the judgment only partially and no agreement could be found in accordance with article 5, § 4 to run the penalty or measure;
4 ° the issuing State does not give consent pursuant to article 25, § 2, 7 °, so that the person concerned may be prosecuted, convicted or deprived of their liberty in Belgium for an offence committed prior to his transfer, other than that which led to his transfer;
5 ° according to the certificate, the person concerned did not appear in person at the trial that led to the decision, unless the certificate indicates that the person concerned, in accordance with the other procedural requirements laid down in the national law of the issuing State: has) in time- either gave to anyone and was thus informed of the date and place set for trial that led to the decision , or officially informed and effectively by other means the date and place fixed for the trial, so that it was established so not unequivocally that he had knowledge of the trial scheduled.
and - has been informed that a decision could be made in the event of non-attendance;
or (b) having had knowledge of the planned trial, gave a mandate to a legal Council, which has been designated by the person concerned, either by the State, to defend him at trial, and actually defended by this Council during the trial;
or c) after being awarded mean the decision and have been expressly informed of his right to a new procedure of judgment or a procedure of appeal, to which the person concerned has the right to participate and which allows to review the case on its merits, taking account of the new evidence, and may lead to a reversal of the original decision : - has expressly stated that it did not oppose the decision, or - has not requested a new procedure for judgment or an appeal procedure within the time limit.
§ 2. If the certificate is incomplete or manifestly does not correspond to the judgment, execution may be authorized if the competent executing authority believes have sufficient information.
If the competent executing authority believes do not have sufficient information to allow execution, it gives a reasonable time to the issuing State that the certificate be completed or corrected. If the information is not provided within the period granted, the execution is denied.
Section 3. -How to run arts. 14. the authority responsible for the recognition and enforcement of a judgment is the Attorney for the King of Brussels.
S. 15 § 1.
The certificate sent to the Prosecutor of the King is translated into Dutch, french, German or English.

§ 2. When another authority receives the judgement and the certificate, it transmits them ex officio to the Prosecutor and shall inform the issuing State by any means which leaves a written record.
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16 § 1. If the issuing authority consults before King's Attorney, shall on that occasion present a reasoned opinion according to which the execution of the sentence or measure in Belgium does not contribute to achieve the social rehabilitation and reintegration of the person sentenced in the company. In the absence of prior consultation, Attorney of the King can always present such notice forthwith after delivery of the judgment. The Prosecutor may collect all information useful to this end.
§ 2. To decide on the recognition and enforcement of the judgment, the Prosecutor checks upon receipt of the judgment and the certificate: 1 ° if there is not appropriate to apply one of the causes of refusal listed in articles 11 to 13;
2 ° whether behaviors are described in the certificate correspond to those included in the list of article 11, § 2, in the case where the fact the basis of the judgment is contained in this list.
§ 3. When the sentenced person is located on the Belgian territory, King's attorney may, upon receipt of judgment and the certificate and at the request of the State program but before being made the decision of recognition and enforcement of the judgment, proceed to the provisional arrest of the person pending the decision of execution of the judgment.

§ 4. The Prosecutor may, if he deems the content insufficient certificate to decide on recognition and enforcement of the judgment, asking that the judgment or its essential parts are accompanied by a translation in Dutch, french or German.
§ 5. Before deciding to not recognize or enforce the judgment on grounds set out in article 12, 2 °, 5 ° and 7 °, or article 13, § 1, 1 ° and 5 °, and § 2, the Prosecutor shall consult the issuing authority by all appropriate means and, where appropriate, it asks to send, without delay, any additional information required.
S. 17 § 1. Within 24 hours following the effective deprivation of liberty decided in accordance with article 16, § 3, the person concerned is presented to the investigating judge, who informs him of the existence and the content of the judgment and the certificate transmitted by the issuing State.
§ 2. The investigating judge then heard the person concerned on the fact its possible put in detention and its observations thereon.
§ 3. At the end of the hearing, the investigating judge may order entry or continued detention on the basis of the passed judgment and taking into account the circumstances in fact mentioned therein as well as those relied on by the person.

§ 4. The investigating judge may, ex officio, at the request of the public prosecutor or at the request of the person concerned, let it release him imposing to comply with one or more conditions, until the time of the final decision on the recognition and enforcement of the judgment.
These conditions must be such as to ensure that the person concerned not to commit new crimes or offences or shirk the enforcement of the judgment.
During the procedure, the investigating judge may, ex officio or at the request of the Prosecutor, impose one or more conditions, remove, modify, or extend, in whole or in part, the conditions already imposed. It may dispense with compliance for some or all conditions of between them.
The person concerned may request the withdrawal or modification of all or part of the conditions imposed; It can also ask to be given conditions or some in between.
When conditions are not observed, the investigating judge may issue an arrest warrant, in the conditions laid down in the preventive detention Act of 20 July 1990.
§ 5. The investigating judge may also require payment prior and full of a bond which it sets the amount.
Bail is paid to the Caisse des Dépôts et consignations, and the Crown, in the light of the receipt, enforces the order of release.
The bond is rendered after the final decision on the recognition and enforcement of the judgment, if the person concerned has remained continuously on Belgian territory until the final decision of the Prosecutor taken in accordance with article 19.
The bond is attributed to the State as soon as the person concerned, without lawful excuse, has left the Belgian territory without informing the Belgian judicial authorities or abdicated enforcement of the judgment.
§ 6. If the person is left at liberty pursuant to §§ 4 or 5, the investigating judge shall immediately inform the public prosecutor who, in turn, inform the authorities of the issuing State.
§ 7. Order motivated, referred to in §§ 3, 4, and 5, is served on the person concerned within the 24-hour period referred to the § 1. It is likely no remedy.
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18 § 1. If the duration of the sentence is incompatible with Belgian law, the Prosecutor may decide to adapt this sentence when it is greater in the

maximum penalty laid down by Belgian law for offences of the same nature. The adapted sentence must correspond to the maximum penalty laid down by Belgian law for offences of the same nature.
§ 2. If the nature of the conviction is incompatible with Belgian law, the Prosecutor can adapt the conviction to a penalty or measure provided for by the Belgian law for similar offences. This penalty or measure must correspond as closely as possible to the conviction in the issuing State and cannot be commuted to a penalty.
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3. In no event shall the penalty or measure imposed in the issuing State may be aggravated with regard to its duration or nature.
§ 4. If the convicted person considers that adaptation decided by the procureur du Roi aggravates the penalty or measure imposed in the State of broadcast with respect to its duration or nature, it may challenge this decision before the Court of the application of the penalties from Brussels within a period of fifteen days after being informed of the decision of adaptation in accordance with article 19 , § 2, or article 24, paragraph 2.
S. 19 § 1.
Subject to the application of article 20, the Prosecutor of the King statue as soon as possible, and no later than within a period of thirty days from the receipt of the judgment and the certificate, on the recognition and enforcement of the judgment.
§ 2. If the decision concerns a person who lies on Belgian territory, the Prosecutor informed him of its decision to recognize and to execute or not the judgment and possibly, for its decision to adapt the penalty and proceed to arrest the person if he decided to recognize and enforce the judgment. The person may challenge the decision of the Prosecutor of the King and seize the Council Chamber by application addressed to the registry, within a period of fifteen days after notification of the decision. The room of the Council only decides on the basis of article 16, § 2. The decision of the Board of the Council can be the subject of an appeal in cassation.
§ 3. As soon as the decision of recognition and enforcement of the judgment is final, and at the latest within a period of ninety days from the receipt of the judgment and the certificate, the Prosecutor shall inform the issuing State.
§ 4. When the Prosecutor decides to recognize and enforce the judgment, he shall inform the issuing State of any decision to adaptation in accordance with article 18 and shall take without delay all the measures necessary for the execution of the sentence. The decision to recognize and enforce the judgment makes the penalty or measure imposed in the State to show directly and immediately enforceable in Belgium for the part which remains to undergo.
§ 5. If the Prosecutor is not able to meet the period of ninety days provided for in § 3, it shall immediately inform the issuing State stating the reasons for the delay and the time that it considers necessary to make a final decision.
S. 20. the decision on the recognition and enforcement of the judgment may be postponed: 1 ° when the certificate is incomplete or manifestly does not correspond to the judgment, during a reasonable time fixed by the Belgium so it can be supplemented or corrected, in accordance with article 13, § 2;
2 ° when the prosecutor asked that the judgment or essential parts of the judgment are translated by the issuing State, in accordance with article 16, § 4.
S. 21 § 1.
Where the issuing State withdraw the certificate while execution of the penalty or measure has not started on the Belgian territory, the Attorney for the King no longer carries out the penalty or measure.

§ 2. The Prosecutor puts an end to the execution of the sentence as soon as it is informed by the State of issuance of any decision or measure which has the effect to remove sentencing its enforceability.
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22. the period of deprivation of liberty already sustained in the course of sentencing, including transfer time and the length of detention when it is ordered under article 16, paragraph 3, and 19, § 2, will be fully deducted from the duration of the deprivation of liberty to run.
Section 4. -Transfer of the person and its implications art. 23 § 1. When the sentenced person is in the issuing State, it is transferred to the Belgium at a date fixed by mutual agreement and no later than thirty days after the decision of the Prosecutor of the King on the recognition and enforcement of the judgment.
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2. If the transfer cannot take place within the deadline to the § 1 due to unforeseen circumstances, the Prosecutor gets in contact with the authorities of the issuing State.
As soon as these circumstances have ceased to exist, a new date is fixed for the transfer to take place no later than within a period of ten days.
S. 24. within a period of 24 hours after his arrival in Belgium, the transferee appears before King's attorney.
It proceeds to its examination of identity, draws up minutes, shall inform the person on the possible adaptation of the penalty decided in accordance with article 18 and ordered his immediate incarceration or its placement in the prison psychiatric annex.
S. 25 § 1. Subject to § 2, the person transferred in Belgium under this Act may be prosecuted, convicted or deprived of liberty for one offence committed prior to his transfer, other than that which led to his transfer.
§ 2. The § 1 does not apply in the following cases: 1 ° when, having had the opportunity to do so, the person has not left Belgian territory within a period of forty-five days following his final release, or that she has returned after having left it.
2 ° when the offence is not punishable by a penalty or measure of private security of liberty;
3 ° when the criminal procedure does not give rise to the application of a measure restricting personal liberty of the person;
4 ° when the sentenced person is punishable by a penalty or a non-custodial measure, including a penalty or an alternative measure, although the sanction or alternative measure is likely to restrict his personal liberty;
5 ° when the convicted person to consent to the transfer;
6 ° where the convicted person has expressly waived after his transfer, to benefit from the principle of speciality for specific facts prior to his transfer;
7 ° in cases other than those referred to in 1 ° to 6 °, where the issuing State gives its consent.

§ 3. The waiver of the benefit of the principle of speciality provided in § 2, 6 °, made before the public prosecutor of the King of the place of detention and is recorded in a report. It is written to show that it is voluntary and that its author is fully aware of the consequences resulting therefrom. The person concerned has the right, to this end, to be assisted by counsel.

§ 4. The consent request to the issuing laid down in § 2, 7 °, State is accompanied by the information referred to in article 2, § 4, of the European arrest warrant Act of 19 December 2003. This application and this information are translated in accordance with article 2, § 5, of the Act.
Section 5. -Information to be provided to the issuing State s. 26. the Prosecutor shall inform without delay the issuing State by any means which leaves a written record: practice 1 ° of the impossibility to perform the penalty or measure because the convicted person cannot be found on the Belgian territory.
2 ° the final determination to enforce the judgment, and the date on which this decision was taken;
3 ° the decision for refusal of enforcement of the judgment and the grounds on which it is based;
4 ° the decision to adapt the penalty or measure in accordance with article 18 setting out reasons;
5 ° the decision not to execute a judgment when the amnesty or pardon is granted, and the motivation of this decision;
6 ° of the dates of beginning and end of period of parole, when the issuing State has made the request in the certificate;
7 ° of the escape of the sentenced person;
8 ° of the completion of the execution of the penalty or measure.
S. 27. when the issuing State requests, the Attorney of the King informs him of the provisions on conditional release.
Section 6. -Transit article 28 § 1. The Belgium allows transit on its territory of a sentenced person provided they have received the application for this purpose as well as the copy of the certificate of which it may request the translation into Dutch, french, German or English.

§ 2. The competent authority responsible for receiving requests for transit, as well as any other official correspondence concerning these applications, is the Minister of Justice.
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3. The request for transit as well as the copy of the certificate may be transmitted by any means capable of producing a written record. The Minister of Justice made known its decision by the same process.

§ 4. The Minister of Justice shall be given no later than one week after receipt of the request for transit and inform the State of issuance of decision by any medium capable of delivering a written record. This decision can be deferred until the transmission of the translation when it is requested in accordance with the § 1.
§ 5. The Minister of Justice shall inform the issuing State if it cannot guarantee that the sentenced person will be prosecuted, detained, nor subjected to any restriction of his personal liberty on Belgian territory for acts or convictions

prior to his departure from the territory of the issuing State. In this case, the issuing State may withdraw its request.
§ 6. The convicted person may be detained in Belgium for the duration strictly necessary for transit through Belgian territory.
S. 29 § 1.
The request for transit is not required in the case of air transport without stopover on Belgian territory.
§ 2. However, whenever an unscheduled landing, the request for transit and the copy of the certificate must be provided within a period of two hours.
CHAPTER 4. -Procedure for the recognition and enforcement in another Member State of the European Union of a judgment given in Belgium s. 30 § 1. When the sentenced person is not detained, the authority competent to pass a judgment in Belgium for the purpose of its recognition and execution in another Member State is the Prosecutor of the judicial district in which the judgment was pronounced.
§ 2. When the sentenced person is detained in Belgium, the authority competent to pass a judgment in Belgium for the purpose of its recognition and execution in another Member State is the Minister of Justice. The Minister of Justice shall consult the Crown Procurator of the District Court of the place of detention in order to determine the possible contraindications to send the judgment to another Member State, resulting from investigations or pending lawsuits.
S. 31 § 1.
When the consent of the executing State is required under article 4, § 3, the Minister of Justice requests the competent authority of the executing State to this agreement prior to transmission of the judgment.
§ 2. If the executing State gives its consent, the Minister or the competent King Attorney, as the case may be, forwards accompanied by judgment of the certificate to the competent authority of the executing State for the purposes of recognition and enforcement.
S.
32 § 1. The competent authority of Belgium addressed to the competent authority of another Member State judgment accompanied by the certificate which is translated into the official language or one of the official languages of that State or in one or more other official languages of the institutions of the Union European that this State accepts by virtue of a declaration made to the general secretariat of the Council of the Union European where the following conditions are fulfilled: 1 ° the sentenced person has consented to the transfer of the judgment, in accordance with article 6, § 1 and article 33;
2 ° the executing State has consented to the transmission of the judgment and the certificate, in accordance with article 4;
3 ° the competent Belgian authority is satisfied that the execution of the sentence in the executing State contributes to the goal of rehabilitation and social reintegration.
Accompanied by judgment of the certificate can be sent only to a single State of execution at a time.
§ 2. If the competent authority of the executing State is not known, the necessary research can be performed by any means, including via the contact points of the European judicial network, in sight to obtain that information from the executing State.
S. 33 § 1. When the sentenced person is located on the Belgian territory and that its consent is required under article 6, § 1, it is heard by the procureur du Roi near the Court of the place of detention, or by the Prosecutor of the King of the place of residence if it is not owned. King's Attorney informed him of the transmission of the judgment to the State for the purposes of recognition and execution and the consequences arising therefrom, including the fact that consent to the transmission of the judgment entails the waiver for the benefit of the rule of speciality. The person concerned shall be assisted to a Board, either when requested, or when the Prosecutor deems it necessary taking into account the mental state or the age of the inmate.
§ 2. When the sentenced person is in the territory of the executing State and that its consent is required under article 6 § 1, the Minister of Justice asked the executing State to collect the consent of the person at that time he asked the latter's prior agreement for the transmission of the judgment under article 31.
§ 3. When the person consents to the transmission of the judgment, this consent is irrevocable for a period of ninety days from the date of that appearance before the public prosecutor of the King. If the transfer has not occurred to the expiry of this period, the convicted person may freely revoke his consent by letter addressed to the Prosecutor of the King until the day where it is reported the date of the transfer.
§ 4. When the sentenced person is located on the Belgian territory, and consent is not required under article 6, § 2, she is informed, in a language he understands and the form set out in annex 2 of the decision to transmit the judgment to the executing State. The person, or his legal representative if his mental or physical state does not allow it, has the right to be assisted by counsel and to make representations orally or in writing to the competent authority.
These comments are taken into account for the decision to pass judgment. They are also transmitted to the executing State.
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5. When the sentenced person is located on the territory of the executing State and consent is not required under article 6, § 2, the Minister of Justice or the competent prosecutor, as the case may be, transmits the form according to the type specimen in annex 2 to the executing State to inform the sentenced person, using this form, and in a language he or she understands , the decision to transmit the judgment and the certificate.
S. 34 § 1.
When the executing State to which the Minister of Justice or the Prosecutor of the competent King, as the case, sent a judgment for the purposes of recognition and enforcement issues a reasoned opinion according to which the execution of the sentence in the State in question would not achieve the objective of rehabilitation and social reintegration, the Minister or the competent prosecutor as appropriate, consider this reasoned opinion and decides to remove or not the application for the purposes of recognition and enforcement.

§ 2. When the executing State requests consent to pursue, condemn, or deprive of freedom the person sentenced for an offence committed prior to his transfer, other than that which led to his transfer, the Prosecutor takes a decision within a period of thirty days from the date of receipt of the request.
Consent is obligatorily given when provided for by the law of 19 December 2003 on the European arrest warrant is required.
In the circumstances of section 7 of this Act, the guarantees requested by the Belgium are mandatory data.
S. 35 § 1. When the sentenced person is located in Belgium, it is transferred to the executing State at a date fixed by mutual agreement and no later than 30 days after the final decision of the status of implementation on the enforcement of the judgment.

§ 2. If the transfer cannot take place within the deadline to the § 1 due to unforeseen circumstances, the Prosecutor of the King or the Minister of Justice, as the case may be, goes in contact with the authorities of the executing State. When these unforeseen circumstances have ceased to exist, a new date is fixed for the transfer to take place no later than within ten days following.
S. 36. the Prosecutor shall immediately inform the authority of the State of enforcement of any decision or measure which has the effect to remove the condemnation immediately or ultimately enforceable.
S. 37 § 1. The penalty or measure can no longer be executed on Belgian territory as soon as the run began in the executing State.

§ 2. Execution can be resumed on Belgian territory as soon as the executing State shall inform the competent Belgian authorities of partial non-enforcement of the penalty or measure following the escape of the sentenced person.
CHAPTER 5. -Execution of the judgment following a European arrest warrant articles 38 § 1. When the room of the Council made under section 6, 4 °, of the European arrest warrant Act of 19 December 2003, its decision entails the recognition and execution of the sentence or deprivation of liberty referred to the judicial decision which is the subject of the European arrest warrant. The sentence is then performed in accordance with the provisions of this Act. The territorially competent prosecutor requires the issuing authority of the mandate of European arrest judgment, accompanied by the certificate, and if necessary to the adaptation of the penalty in accordance with article 18.
§ 2. When another European Union Member State has refused delivery requested by the Belgian authorities because it undertakes to execute the sentence, the competent Belgian Authority transmits to this State judgment, accompanied by the certificate, for the execution of the sentence or deprivation of liberty.
S. 39 § 1.
When a Member State has been subordinated by the discount on the condition that the person, after having been tried in Belgium, is returned to this State to undergo the sentence that would be imposed, the competent Belgian authority sends accompanied by judgment of the certificate for its recognition and its execution. Articles 6 and 33 shall not apply.
§ 2. When the Belgium

subject the surrender on the condition that the person, after having been considered in another Member State, be returned on Belgian territory to undergo the sentence that would be imposed, this decision entails the prior approval that would be required for the recognition and enforcement of the judgment in Belgium. The territorially competent prosecutor requires the issuing authority of the European arrest warrant judgment, accompanied by the certificate, proceeded to consideration of the grounds for refusal and if necessary, to adapt the penalty. Sentencing will be then executed in accordance with the provisions of this Act.
CHAPTER 6. -Amendments to the law of May 23, 1990 on the inter-State transfer of sentenced persons, recovery and transfer of monitoring of persons sentenced under condition or released conditionally as well as the recovery and transfer of execution of sentences and custodial measures art. 40. in article 18 of the law of May 23, 1990 on the inter-State transfer of sentenced persons, recovery, and the transfer of the supervision of conditionally sentenced conditionally or released conditionally as well as the resumption and transfer of execution of sentences and custodial measures inserted by the Act of May 26, 2005 , the following changes are made: 1 ° § 2 is replaced by the following;
« §
2. "In the cases specified in paragraph 1 and in accordance with the provisions of article 22, the punishment or deprivation imposed abroad against a person within the territory of the Kingdom is directly and immediately enforceable in Belgium."
2 ° § 3 is repealed.
S. 41. in article 25 of the same Act, inserted by the law of 26 May 2005, the words ", except in the cases referred to in article 18 § 2," are repealed.
CHAPTER 7. -Disposition transitional art. 42 § 1. This Act shall apply from 5 December 2011, the transmission of judgments relating to: 1 ° any person sentenced in Belgium to a Member State of the European Union;
2 ° any person convicted in a Member State of the European Union to the Belgium.
§ 2. In relations with the competent authorities of the Netherlands and the Poland and any other State having made a declaration to that effect to the general secretariat of the Council of the European Union, this Act will apply to final judgements handed down from December 5, 2011. This exception applies to those States as issuing State and executing State.
§ 3. In relations with the Polish authorities, the consent of the sentenced person will remain required in the case of enforcement of the sentence in the Member State which the sentenced person is a national and the territory where she lives. This exception applies to Poland as the issuing State and as execution state for all judgments before December 5, 2016.

§ 4. In relations with Member States which have not transposed the framework decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing penalties or measures involving deprivation of liberty for the purpose of their enforcement in the European Union in their domestic law and with the Member States which have done so but who reported not to apply this instrument only with criminal convictions from a certain date, the law of May 23, 1990 on the inter-State transfer of sentenced persons, the resumption and the transfer of supervision of conditionally sentenced conditionally or released conditionally and the resumption and transfer of execution of sentences and custodial measures and the existing instruments in the field of the transfer shall continue to apply.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
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) Session 2011-2012.
House of representatives: Documents. 53-1796 NO. 1.
Bill.
Nos. 2 and 3. Amendments.
NO. 4. Report on behalf of the Committee.
NO. 5. Text adopted by the commission.
NO. 6. Text adopted in plenary meeting and transmitted to the Senate.
NO. 7. Draft amended by the Senate.
NO. 8. Text corrected by the Committee on justice.
NO. 9. Text adopted in plenary meeting and submitted to Royal assent.
Senate: Documents. 5-1373 N ° 1. Draft transmitted by the House of representatives.
NO. 2. Amendments.
NO. 3. Report on behalf of the Committee.
NO. 4. Text amended by the commission.
NO. 5. Text amended by the Senate and returned to the House of representatives.

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