belgiquelex.be - Carrefour Bank of Legislation

15 MAI 2012. - Law on the application of the principle of mutual recognition to the penalties or custodial measures imposed in a Member State of the European Union

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - General principles
Art. 2. § 1^er. This Act governs the recognition of judgments and the enforcement of custodial sentences or measures in the territory of a Member State of the European Union other than that which pronounced the judgment.
The aim is to facilitate the reintegration and social reintegration of the sentenced person.
§ 2. In the relations between Belgium and the other Member States of the European Union and without prejudice to Article 42, this Act replaces, for the execution of penalties or custodial measures, the provisions of the Act of 23 May 1990 on the interstate transfer of convicted persons, the resumption and transfer of supervision of persons convicted under condition or released under condition as well as the resumption and transfer of the execution of sentences and measures of deprivation of liberty.
Art. 3. For the purposes of this Act:
1° Judgment: a final decision issued by a court of the issuing State in criminal matters that imposes a penalty or deprivation of liberty;
2° State of issue: the Member State of the European Union in which a judgment was rendered;
3° Implementing State: the Member State of the European Union to which a judgment is transmitted for the purpose of its recognition and execution;
4° Certificate: the document whose model is listed in Appendix 1^resigned by the competent authority of the issuing State which certifies that its content is accurate.
Art. 4. § 1^er. This Act establishes a regime without prior agreement of the enforcement State and a regime with prior agreement of the enforcement State.
§ 2. The regime without prior agreement applies to the transmission of judgments and certificates for recognition and enforcement in the following Member States:
1st the Member State whose sentenced person is a national and on whose territory it lives;
2° the Member State of nationality to which, although it is not the Member State in the territory of which it lives, the person shall be expelled once dispensed from the execution of the sentence under an order of expulsion contained in the judgment or in a judicial or administrative decision or any other measure consecutive to the judgment.
§ 3. The regime with prior agreement of the enforcement State shall apply to the transmission of judgments and certificates for the purpose of recognition and enforcement to any other Member State other than those referred to in § 2.
Art. 5. § 1^er. This Act applies when the convicted person is in the issuing State or in the enforcement State.
§ 2. The issuing State alone decides to transmit the judgment and the certificate to another Member State.
However, the enforcement State and the sentenced person may also request, on their own initiative, that the judgment and the certificate be transmitted to the enforcement State, without however creating an obligation in the head of the issuing State.
§ 3. The competent Belgian authorities consult the competent authorities of the other Member State concerned whenever the situation requires.
§ 4. Where only partial recognition of the judgment is considered, the competent authorities may agree to partial enforcement in accordance with the conditions they set, provided that such execution does not lead to an increase in the duration of the sentence.
§ 5. The execution of the sentence in Belgium is governed by Belgian law and the Belgian authorities are solely competent to decide on the execution modalities and to determine the measures therein, including the reasons for early or conditional release.
§ 6. Only the issuing State may rule on an appeal for a review of the judgment stating the conviction to be executed under this Act.
§ 7. The fact that a fine or a decision of confiscation has been imposed in addition to the penalty or custodial measure and has not yet been acquitted, recovered or executed cannot hinder the execution of the sentence or custodial measure. Where applicable, the Act of 5 August 2006 on the application of the principle of mutual recognition of judicial decisions in criminal matters between the Member States of the European Union is enforced.
Art. 6. § 1^er. Subject to § 2, the judgment accompanied by the certificate may only be transmitted with the consent of the convicted person.
§ 2. The consent of the convicted person is not required when the judgment is transmitted to:
1st the Member State whose sentenced person is a national and on whose territory it lives;
2° the Member State to which the person shall be deported after dispensing from the execution of the conviction under an order of expulsion in the judgment or in a judicial or administrative decision or any other measure consecutive to the judgment;
3° the Member State in which the convicted person has taken refuge or has returned due to the criminal procedure of which he is the subject in the issuing State or following his conviction in that State.
Art. 7. The judgment, or a certified copy thereof, is transmitted by any means leaving a written record. He is accompanied by the certificate.
The original of the judgment or certificate, or a certified copy thereof, shall be sent upon request.
Art. 8. The costs resulting from the execution of the judgment pronounced in another Member State are borne by Belgium, excluding the costs associated with the transfer of the convict to 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 rendered in another Member State of the European Union
Section 1^re. - Competent authority to give the prior agreement
Art. 9. In the cases referred to in Article 4, § 3, the competent authority to give the prior agreement to the transmission of a judgment accompanied by the certificate for recognition and enforcement is the Minister of Justice. To make its decision, the Minister appreciates the goal of reintegration and social reintegration of the person in Belgian territory.
Art. 10. The Minister of Justice shall promptly inform the issuing State of its decision to consent to the transmission of the judgment. If he consents to the transmission of the judgment, the Minister also informs the prosecutor of the King of Brussels of his decision.
Section 2. - Conditions of execution
Art. 11. § 1^er. Enforcement is denied if the facts for which the judgment was pronounced are not an offence under Belgian law.
§ 2. Paragraph 1^er does not apply if the facts constitute one of the following offences provided that they are punished in the State of issue of deprivation of liberty for a maximum of three years:
1st participation in a criminal organization;
2° terrorism;
3° deals with human beings;
4° sexual exploitation of children and child pornography;
5° illicit trafficking in narcotic drugs and psychotropic substances;
6° illicit trafficking in weapons, 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 proceeds of crime;
10° false monnayage and counterfeit of the euro;
11° cybercrime;
12° crimes against the environment, including illicit trafficking in endangered animal species, and illicit trafficking in endangered species and plant species;
13° assists in the irregular entrance and stay;
14° wilful homicide, serious injuries and injuries;
15° illicit trafficking in human organs and tissues;
16° kidnapping, sequestration and hostage taking;
17° Racism and xenophobia;
18° organized or with weapon;
19° Illicit trafficking in cultural property, including antiques and works of art;
20° scam;
21st racket and extortion of funds;
22° counterfeit and hacking of products;
23° falsification of administrative documents and traffic of false;
24° falsification of means of payment;
25° illicit trafficking in hormones and other growth factors;
26° illicit trafficking in nuclear and radioactive materials;
27° traffic of stolen vehicles;
28° rape;
29° voluntary fire;
30° crimes within the jurisdiction of the International Criminal Court;
31° diversion of aircraft or vessels;
32° sabotage.
§ 3. With respect to taxes, customs and currency, the execution of a judgment may not be refused on the ground that the Belgian law does not impose the same type of taxes or taxes or does not contain the same type of regulation in respect of taxes or taxes, customs and currency as the legislation of the issuing State.
§ 4. § 2, 14°, does not apply to the acts of abortion referred to in section 350, paragraph 2, of the Criminal Code, or to the acts of euthanasia referred to in the Act of 28 May 2002.
Art. 12. The execution is refused in the following cases:
1° the convicted person has not given consent when required under section 6;
2° the execution of the decision is contrary to the principle "ne bis in idem";
3° Belgian law provides for immunity which makes it impossible to execute the decision;
4° the penalty or measure was pronounced against a person who, according to Belgian law, could not, because of his age, be criminally responsible for the facts on which the judgment is based;
5° the transmission of the judgment shall be subject to the regime with prior agreement and the Minister's agreement has not been given in accordance with sections 9 and 10;
6° the execution of the decision is prescribed under Belgian law;
7° the judgment includes a measure of psychiatric or medical care or other deprivation of liberty which, even after application of article 18, cannot be executed in Belgian territory in accordance with the Belgian legal or health system;
8° Belgium is not a member State under the regime without prior agreement as defined in Article 4 § 2;
9° the sentenced person is not in the territory of the issuing State or in the Belgian territory;
10° if there are serious reasons to believe that the enforcement of the decision would have the effect of violating the fundamental rights of the person concerned, as enshrined in Article 6 of the Treaty on the European Union.
Art. 13. § 1^er. The execution may be refused in the following cases:
1° the judgment deals with offences which, according to Belgian law, are considered to have been committed in whole or in large part or for the most part in its territory or in a place assimilated to its territory;
2° on the date of receipt of the judgment by the competent enforcement authority, the length of the remaining sentence to be served is less than six months;
3° the competent enforcement authority may only recognize the judgment in part and no agreement may be found in accordance with Article 5, § 4, to execute the penalty or measure;
4° the State of issue does not give the consent provided for in Article 25, § 2, 7°, so that the person concerned may be prosecuted, convicted or deprived of liberty in Belgium for an offence committed before his transfer, other than the person who motivated his transfer;
5° according to the certificate, the individual 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 defined in the national legislation of the issuing State:
(a) in a timely manner,
- has been cited to anyone and has been informed of the date and place set for the trial that led to the decision, or has been formally and effectively informed by other means of the date and place set for the trial, so that it has been unequivocally established that it has been informed of the trial scheduled;
and
- was informed that a decision could be made in case of non-compartment;
or
(b) having been informed of the scheduled trial, gave a warrant to a legal council, which was designated either by the person concerned or by the State, to defend him at trial, and was effectively defended by that council during the trial;
or
(c) after being served on the decision and having been expressly informed of its right to a new trial or appeal procedure, to which the person concerned has the right to participate and which allows the case to be reviewed on the merits, taking into account the new evidence, and may result in a failure of the original decision:
- expressly stated that it did not contest the decision,
or
- did not request a new trial or appeal procedure within the time limit.
§ 2. If the certificate is incomplete or is manifestly not consistent with the judgment, the performance may be authorized if the competent enforcement authority considers that sufficient information is available.
If the competent enforcement authority considers that it does not have sufficient information to allow the execution, it shall grant a reasonable period of time to the issuing State to complete or corrected the certificate. If the information is not provided within the time limit, the execution is refused.
Section 3. - Enforcement procedure
Art. 14. The competent authority for the recognition and enforcement of a judgment is the prosecutor of the King of Brussels.
Art. 15. § 1^er. The certificate sent to the King's Prosecutor is translated into Dutch, French, German or English.
§ 2. When another authority receives the judgment and the certificate, it transmits them to the King's Prosecutor and informs the issuing State by any means leaving a written record.
Art. 16. § 1^er. If the issuing authority consults the King's Prosecutor beforehand, the King may present a reasoned opinion on this occasion that the execution of the sentence or measure in Belgium does not contribute to the goal of social reintegration and reintegration of the convicted person in society. In the absence of prior consultation, the King's Attorney may always present such notice without delay after the delivery of the judgment. The King's Prosecutor may collect all relevant information for this purpose.
§ 2. In order to decide on the recognition and execution of the judgment, the King's Prosecutor shall, upon receipt of the judgment and the certificate:
1° if there is no reason to apply one of the causes of refusal listed in articles 11 to 13;
2° if the behaviours as described in the certificate correspond well to those found in the list of Article 11, § 2, in case the fact at the basis of the judgment is contained in this list.
§ 3. When the convicted person is in Belgian territory, the King's Prosecutor may, upon receipt of the judgment and the certificate and at the request of the issuing State, but before the decision of recognition and enforcement of the judgment is rendered, proceed to the provisional arrest of that person pending the decision to execute the judgment.
§ 4. The Crown Prosecutor may, if he deems the contents of the certificate insufficient to rule on the recognition and enforcement of the judgment, request that the judgment or its essential parts be accompanied by a translation into Dutch, French or German.
§ 5. Before deciding not to recognize or execute the judgment on the grounds provided for in Article 12, 2°, 5° and 7°, or Article 13, § 1^er, 1° and 5°, and § 2, the King's attorney consults the issuing authority with all appropriate means and, if necessary, asks him to promptly send any additional information necessary.
Art. 17. § 1^er. Within 24 hours after the effective deprivation of liberty decided in accordance with Article 16, § 3, the person concerned shall be presented to the examining magistrate, who shall inform him of the existence and content of the judgment and the certificate transmitted by the issuing State.
§ 2. The investigating judge then hears the person concerned about the fact that he or she is being detained and his or her observations on this matter.
§ 3. At the end of the hearing, the examining magistrate may order the detention or detention, on the basis of the judgment transmitted and taking into account the factual circumstances referred to in the hearing and those invoked by the person.
§ 4. The examining magistrate may, on his or her own motion, at the request of the public prosecutor or at the request of the person concerned, leave the person in liberty by imposing on him or her to respect one or more conditions, until the final decision on the recognition and enforcement of the judgment is reached.
These conditions must be of a nature to ensure that the person concerned does not commit new crimes or offences or is not subtracted from the execution of the judgment.
During the proceedings, the investigating judge may, on his or her own motion or on the requisition of the King's Prosecutor, impose one or more new conditions, remove, modify or extend, in whole or in part, conditions already imposed. It may dispense from the observation of all conditions or some of them.
The data subject may request the withdrawal or modification of all or part of the conditions imposed; it may also request that certain conditions or conditions be exempted.
When conditions are not observed, the examining magistrate may issue a warrant of arrest, under the conditions laid down in the Act of 20 July 1990 on preventive detention.
§ 5. The examining magistrate may also require the prior and full payment of a bail, to which he sets the amount.
The bond is paid to the Caisse des dépôts et consignations, and the Public Prosecutor's Office, in the light of the receipt, enforces the release order.
Bailing shall be returned after the final decision on the recognition and enforcement of the judgment, if the person concerned has remained permanently in Belgian territory until the final decision of the King's Prosecutor made pursuant to Article 19.
Bailing is granted to the State as soon as the person concerned, without a legitimate excuse, has left the Belgian territory without informing the Belgian judicial authorities or has withdrawn from the execution of the judgment.
§ 6. If the person is released by application of §§ 4 or 5, the examining magistrate immediately informs the public prosecutor who, in turn, informs the authorities of the issuing State.
§ 7. The reasoned order referred to in §§ 3, 4 and 5 shall be served to the person concerned within twenty-four hours referred to in § 1^er. It is not subject to appeal.
Art. 18. § 1^er. If the length of the sentence is incompatible with Belgian law, the King's prosecutor can only decide to adapt this sentence when it exceeds the maximum penalty provided by Belgian law for similar offences. The appropriate sentence must correspond to that of the maximum penalty provided by Belgian law for similar offences.
§ 2. If the nature of the sentence is incompatible with Belgian law, the King's Prosecutor may adapt the sentence to a sentence or measure provided for in Belgian law for similar offences. This penalty or measure must be commensurate with the conviction in the issuing State and cannot be commuted to a monetary penalty.
§ 3. In no case may the penalty or measure imposed in the issuing State be aggravated with respect to its duration or nature.
§ 4. If the convicted person considers that the adaptation decided by the King's prosecutor increases the penalty or measure imposed in the issuing State as to its duration or nature, it may challenge this decision to the Brussels Court of enforcement within fifteen days after being informed of the decision to adapt in accordance with Article 19, § 2, or Article 24, paragraph 2.
Art. 19. § 1^er. Subject to the application of Article 20, the Crown Prosecutor shall decide as soon as possible, and no later than thirty days after the receipt of the judgment and the certificate, on the recognition and execution of the judgment.
§ 2. If the decision concerns a person who is in Belgian territory, the King's prosecutor informs him of his decision to recognize and enforce the judgment and, if any, of his decision to adapt the sentence and makes the arrest of the person if he has decided to recognize and execute the judgment. The person may challenge the decision of the King ' s Prosecutor and apply to the Board by request to the Registry within fifteen days of the notification of the decision. The Council Chamber shall rule only on the basis of Article 16, § 2. The decision of the board's board may be appealed in cassation.
§ 3. As soon as the decision of recognition and enforcement of the judgment is final, and no later than within a period of nounding days after the receipt of the judgment and the certificate, the King's prosecutor informs the State of issue.
§ 4. When the King's prosecutor decides to recognize and execute the judgment, he shall inform the issuing State of any decision to adapt to article 18 and shall promptly take all necessary measures to enforce the sentence. The decision to recognize and enforce the judgment makes the penalty or measure imposed in the issuing State directly and immediately enforceable in Belgium for the remaining party to be subjected.
§ 5. If the King's prosecutor is not in a position to comply with the period of non-ante days provided for in § 3, he shall promptly inform the issuing State by indicating the reasons for the delay and the time it considers necessary to make the final decision.
Art. 20. The decision concerning the recognition and enforcement of the judgment may be postponed:
1° where the certificate is incomplete or manifestly not in accordance with the judgment, for a reasonable period fixed by Belgium so that it may be completed or corrected in accordance with Article 13, § 2;
2° where the King's Prosecutor has requested that the judgment or essential parts of the judgment be translated by the issuing State in accordance with Article 16 § 4.
Art. 21. § 1^er. In the event that the issuing State withdraws the certificate while the execution of the penalty or measure has not commenced in Belgian territory, the Crown Prosecutor no longer executes the penalty or measure.
§ 2. The King's Prosecutor shall terminate the execution of the conviction as soon as he is informed by the issuing State of any decision or measure that has the effect of removing his enforceable character from the conviction.
Art. 22. The period of deprivation of liberty already suffered in the context of the conviction, including the periods of transfer and the duration of detention when ordered under Article 16, § 3, and § 19, § 2, shall be fully deducted from the total duration of the deprivation of liberty to be carried out.
Section 4. - Transfer of the person and its consequences
Art. 23. § 1^er. When the convicted person is in the issuing State, he is transferred to Belgium on a mutually agreed date and no later than thirty days after the King's prosecutor's decision on the recognition and enforcement of the judgment.
§ 2. If the transfer cannot intervene within the time limit specified in § 1^er due to unforeseen circumstances, the King's attorney contacted the authorities of the issuing State. As soon as these circumstances have ceased to exist, a new date is set for the transfer to take place no later than ten days after the transfer.
Art. 24. Within 24 hours of his arrival in Belgium, the transferred person appeared before the King's Prosecutor.
The person shall conduct his or her interrogation of identity, in the form of a record, inform the person of the possible adaptation of the sentence decided in accordance with section 18 and order his or her immediate incarceration or placement in the psychiatric annex to the prison.
Art. 25. § 1^er. Subject to § 2, a person transferred to Belgium under this Act may not be prosecuted, convicted or deprived of liberty for an offence committed before his transfer, other than that which has motivated his transfer.
§ 2. § 1^er does not apply in the following cases:
1° where, having had the opportunity to do so, the person did not leave the Belgian territory within forty-five days of its final release, or returned to it after leaving it;
2° where the offence is not punishable by a penalty or a measure of deprivation of liberty;
3° where the criminal procedure does not result in the application of a measure restricting the individual liberty of the person;
4° where the sentenced person is liable to a penalty or non-custodial measure, including a monetary penalty or an alternative measure, even if that penalty or alternative measure is likely to restrict his or her individual freedom;
5° when the person sentenced to consent to the transfer;
6° where the convicted person has expressly waived, after his transfer, the principle of speciality for specific facts prior to his transfer;
7° in cases other than those covered by 1° to 6°, when the issuing State gives its consent.
§ 3. The renunciation of the speciality principle provided for in § 2, 6°, is made before the King's prosecutor in the place of detention and is recorded in a report. It is written in such a way that it is voluntary and that its author is fully aware of the consequences that result. The person concerned has the right, for that purpose, to be assisted by counsel.
§ 4. The request for consent addressed to the issuing State under § 2, 7°, is accompanied by the information provided for in Article 2, § 4, of the law of 19 December 2003 concerning the European arrest warrant. This request and information are translated in accordance with Article 2, § 5, of the same law.
Section 5. - Information to be transmitted to the issuing State
Art. 26. The King's Prosecutor shall promptly inform the issuing State by any means leaving a written record:
1° the practical impossibility of performing the sentence or measure because the sentenced person cannot be found in Belgian territory;
2° of the final decision to execute the judgment, and of the date on which the decision was made;
3° of the decision to refuse to execute the judgment, and of the ground on which it is based;
4° of the decision to adapt the sentence or measure in accordance with section 18 indicating the reasons;
5° of the decision not to execute a judgment when amnesty or grace are granted, and the reason for this decision;
6° of the start and end dates of parole, when the issuing State has applied for it in the certificate;
7° of the escape of the sentenced person;
8° of completion of execution of sentence or measure.
Art. 27. When the State of issue so requests, the King's Prosecutor shall inform him of the applicable provisions on conditional release.
Section 6. - Transit
Art. 28. § 1^er. Belgium allows the transit on its territory of a sentenced person provided that they have received the application for this purpose and the copy of the certificate from which they may request the translation into Dutch, French, German or English.
§ 2. The competent authority responsible for receiving transit requests, as well as any other official correspondence concerning these applications, is the Minister of Justice.
§ 3. The transit request and the copy of the certificate may be transmitted by any means to leave a written record. The Minister of Justice makes his decision known by the same process.
§ 4. The Minister of Justice shall decide no later than one week after the receipt of the transit request and shall inform the issuing State of its decision by any means leaving a written record. This decision may be deferred to the transmission of the translation when requested in accordance with § 1^er.
§ 5. The Minister of Justice informs the issuing State when it cannot guarantee that the sentenced person will not be prosecuted, detained or subjected to any restrictions on his or her individual freedom in Belgian territory for acts or convictions prior to his or her departure from the territory of the issuing State. In this case, the issuing State may withdraw its application.
§ 6. The sentenced person may only be detained in Belgium for the strictly necessary period of transit in Belgian territory.
Art. 29. § 1^er. The transit request is not required in the case of a non-stop air transport planned on Belgian territory.
§ 2. However, when an unforeseen landing occurs, the transit request and the copy of the certificate must be provided within seventy-two hours.
CHAPTER 4. - Procedure for recognition and enforcement in another Member State of the European Union of a judgment rendered in Belgium
Art. 30. § 1^er. When the convicted person is not detained, the competent authority to transmit a judgment rendered in Belgium for the purpose of his recognition and execution in another Member State is the prosecutor of the King of the judicial district in which the judgment was pronounced.
§ 2. Whereas the convicted person is detained in Belgium, the competent authority to transmit a judgment rendered in Belgium for the purpose of his recognition and execution in another Member State is the Minister of Justice. The Minister of Justice shall consult with the Prosecutor of the King of the judicial district of the place of detention in order to determine the possible counter-indications to the sending of the judgment to another Member State resulting from ongoing investigations or prosecutions.
Art. 31. § 1^er. Where the prior agreement of the enforcement State is required under Article 4, § 3, the Minister of Justice shall request the competent authority of the enforcement State to give this agreement before the transmission of the judgment.
§ 2. If the Implementing State gives its prior consent, the Minister or the competent King's Prosecutor shall, as the case may be, transmit the judgment accompanied by the certificate to the competent authority of the enforcement State for the purpose of recognition and enforcement.
Art. 32. § 1^er. The competent Belgian authority shall give to the competent authority of another Member State the judgment accompanied by the certificate which, if any, is translated into the official language or in one of the official languages of that State or in one or more other official languages of the institutions of the European Union that this State accepts under a declaration made with the General Secretariat of the Council of the European Union, when the following conditions are met:
1° the convicted person has consented to the transmission of the judgment in accordance with Article 6 § 1^er and section 33;
2° the State of enforcement has consented to the transmission of the judgment and certificate, in accordance with Article 4;
3° the competent Belgian authority has acquired the certainty that the execution of the sentence in the enforcement State contributes to the objective of reintegration and social reintegration.
The judgment accompanied by the certificate can only be transmitted to a single state of execution at a time.
§ 2. If the competent authority of the enforcement State is not known, the necessary research may be carried out by any means, including via the points of contact of the European judicial network, in order to obtain this information from the enforcement State.
Art. 33. § 1^er. When the convicted person is in Belgian territory and his or her consent is required under Article 6, § 1^er, it is heard by the King's attorney at the court of the place of detention, or by the King's attorney at the place of his residence if he is not detained. The King's prosecutor informs him of the transmission of the judgment to the enforcement State for the purpose of recognition and enforcement and the consequences thereof, in particular because consent to the transmission of the judgment results in the renunciation for the benefit of the speciality rule. The person concerned is assisted by counsel, either when he or she asks, or when the King's Prosecutor considers it necessary given the mental state or age of the inmate.
§ 2. When the convicted person is in the territory of the enforcement State and his or her consent is required under Article 6, § 1^er, the Minister of Justice asks the enforcement State to collect the consent of the person at the same time as he requests the prior consent of the person for the transmission of the judgment under Article 31.
§ 3. When the person consents to the transmission of the judgment, the consent is irrevocable for a period of nounding days from the date of the appearance before the Crown Prosecutor. If the transfer did not take place at the expiry of this period, the sentenced person may freely revoke his or her consent, by letter addressed to the King's Prosecutor until the date of the transfer is notified to him.
§ 4. When the convicted person is in Belgian territory and the consent of the convicted person is not required under Article 6, § 2, it is informed, in a language that it understands and through the form set out in Annex 2, of the decision to transmit the judgment to the enforcement State. The person, or his or her legal representative, if his or her mental or physical condition does not permit him or her, has the right to be assisted by counsel and to make oral or written submissions to the competent authority.
These observations are taken into account in making the decision to transmit the judgement. They are also transmitted to the State of execution.
§ 5. When the convicted person is in the territory of the enforcement State and the consent of the convicted person is not required under Article 6, § 2, the Minister of Justice or the competent King's Prosecutor shall, as the case may be, transmit the form of which the model type appears in Appendix 2 to the enforcement State with a view to informing the convicted person, by means of this form and in a language that the convicted person understands, of the decision to transmit the certificate.
Art. 34. § 1^er. When the State of execution to which the Minister of Justice or the competent King's Prosecutor, as the case may be, sent a judgment for the purpose of recognition and enforcement, issued a reasoned opinion that the execution of the sentence in the State in question would not contribute to achieving the objective of reintegration and social reintegration, the Minister or the competent King's Prosecutor, as the case may be, shall examine this reasoned opinion and decide whether or not to withdraw the application for the purpose of recognition or not.
§ 2. When the enforcement State requests consent to prosecute, condemn or deprive the person convicted of an offence committed before his transfer, other than the person who has motivated his transfer, the King's attorney shall make a decision within thirty days of receipt of the application.
Consent is obligatory when the surrender provided by the law of 19 December 2003 on the European arrest warrant is mandatory.
For the particular cases of Article 7 of the same Law, the guarantees requested by Belgium are mandatory.
Art. 35. § 1^er. When the sentenced person is in Belgium, he or she is transferred to the enforcement State on a mutually agreed date and no later than thirty days after the final decision of the enforcement State on the execution of the judgment.
§ 2. If the transfer cannot intervene within the time limit specified in § 1^er due to unforeseen circumstances, the Crown Prosecutor or the Minister of Justice, as the case may be, contact the enforcement authorities. When these unforeseen circumstances have ceased to exist, a new date is set for the transfer to take place no later than ten days after.
Art. 36. The King's Prosecutor shall immediately inform the authority of the enforcement State of any decision or measure that has the effect of withdrawing from the conviction, immediately or in term, its enforceability.
Art. 37. § 1^er. The penalty or measure can no longer be executed on Belgian territory as soon as the execution began in the enforcement State.
§ 2. Execution may be resumed in Belgian territory as soon as the enforcement State informs the competent Belgian authorities of the partial non-performance of the sentence or measure following the escape of the sentenced person.
CHAPTER 5. - Enforcement of judgement
following a European arrest warrant
Art. 38. § 1^er. When the Council Chamber applies Article 6, 4°, of the Act of 19 December 2003 on the European arrest warrant, its decision shall prevail over the recognition and enforcement of the sentence or custodial measure referred to in the judicial decision under the European arrest warrant. The sentence shall then be executed in accordance with the provisions of this Act. The procurator of the territorially competent King requires the authority to issue the European arrest warrant, accompanied by the certificate, and if necessary to adapt the sentence in accordance with Article 18.
§ 2. When another Member State of the European Union has refused the surrender requested by the Belgian authorities as it undertakes to execute the sentence, the competent Belgian authority shall transmit to that State the judgment, accompanied by the certificate, for the execution of the sentence or for the deprivation of liberty.
Art. 39. § 1^er. When a Member State has subordinated the surrender to the condition that the person, after being tried in Belgium, be returned to that State to suffer the conviction that would be pronounced against him, the competent Belgian authority shall send the judgment accompanied by the certificate for his recognition and execution. Sections 6 and 33 are not applicable.
§ 2. When Belgium subordinates the surrender provided that the person, after being tried in another Member State, is returned to Belgian territory for the purpose of receiving the conviction that would be pronounced against him, this decision shall prevail the prior agreement that would be required for the recognition and enforcement of the judgment in Belgium. The prosecutor of the territorially competent King requires the authority to issue the European arrest warrant, accompanied by the certificate, to review the grounds for refusal and, if necessary, to adapt the sentence. The conviction shall then be executed in accordance with the provisions of this Act.
CHAPTER 6. - Amendments to the Act of 23 May 1990 on the interstate transfer of convicted persons, the resumption and transfer of supervision of persons sentenced under condition or released on condition, as well as the resumption and transfer of enforcement of sentences and custodial measures
Art. 40. In section 18 of the Act of 23 May 1990 on the interstate transfer of convicted persons, the resumption and transfer of supervision of persons convicted under condition or released under condition, as well as the resumption and transfer of enforcement of sentences and custodial measures, inserted by the Act of 26 May 2005, the following amendments are made:
1° § 2 is replaced by the following:
Ҥ2. In the cases referred to in paragraph 1^er and in accordance with the provisions of Article 22, the penalty or deprivation of liberty imposed abroad in respect of a person in the territory of the Kingdom is directly and immediately enforceable in Belgium";
2° § 3 is repealed.
Art. 41. In section 25 of the Act, inserted by the Act of 26 May 2005, the words ", except in the cases referred to in section 18, § 2," are repealed.
CHAPTER 7. - Transitional provision
Art. 42. § 1^er. This Act applies to the transmission of judgments relating to:
1° any person sentenced in Belgium to a Member State of the European Union;
2° any person sentenced in a Member State of the European Union to Belgium.
§ 2. In relations with the competent authorities of the Netherlands and Poland and any other member State that has made such a declaration with the General Secretariat of the Council of the European Union, this Act will apply to the final judgements rendered on 5 December 2011. This exception applies to these states as a state of issue and as a state of execution.
§ 3. In relations with the competent Polish authorities, the consent of the convicted person will remain required in the case of the execution of the sentence in the Member State of which the convicted person is a national and in the territory of which he lives. This exception applies to Poland as a state of issue and as a state of execution for all judgments pronounced before 5 December 2016.
§ 4. in relations with Member States that have not transposed the Council's Framework Decision 2008/909/JAI of 27 November 2008 concerning the application of the principle of mutual recognition to the judgments in criminal matters that impose penalties or custodial measures for the purpose of their execution in the European Union in their internal legal order and with the Member States that have done so but that have declared to apply this instrument only with the convictions given
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
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) Session 2011-2012.
House of Representatives:
Documents. 53-1796.
No. 1. Bill.
n^bones 2 and 3. Amendments.
No. 4. Report made on behalf of the commission.
No. 5. Text adopted by the Commission.
No. 6. Text adopted in plenary and transmitted to the Senate.
No. 7. Project amended by the Senate.
No. 8. Text corrected by the Justice Commission.
No. 9. Text adopted in plenary and subject to Royal Assent.
Senate:
Documents. 5-1373.
No. 1. Project transmitted by the House of Representatives.
No. 2. Amendments.
No. 3. Report made on behalf of the commission.
No. 4. Text amended by the commission.
No. 5. Text amended by the Senate and referred to the House of Representatives.

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