Law Amending The Law Of 5 August 2006 On The Implementation Of The Principle Of Mutual Recognition Of Judicial Decisions In Criminal Matters Between The Member States Of The European Union (I) (1)

Original Language Title: Loi modifiant la loi du 5 août 2006 relative à l'application du principe de reconnaissance mutuelle des décisions judiciaires en matière pénale entre les Etats membres de l'Union européenne (I) (1)

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Posted the: 2012-04-04 Numac: 2012009154 FEDERAL JUSTICE PUBLIC SERVICE March 19, 2012. -Act to amend the 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 (I) (1) 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. -Amendments to the 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 Union European art.
2. in article 12 of the law of August 5, 2006 relating to the application of the principle of mutual recognition of judicial decisions in criminal matters between the Member States of the European Union, the following changes are made: 1 ° the existing text of § 1 form § 1/1 and inserted a new § 1 worded as follows: "§ 1.» For the execution of the seizure, the territorially competent prosecutor is that of the place where the goods in question or the majority of them are located. »;
2 ° in the § 2, 1 °, the figure ", 2/1" is inserted between the digit '2' and 'and 3 ';
3 ° in the Dutch text of § 2, 2 °, paragraph 1, the word «aangevoerd» is replaced by «toegepast.
4 ° in the Dutch text of § 2, 2 °, paragraph 2, the words «eerste bestudering» are replaced by «initieel onderzoek ";
5 ° in the Dutch text of § 4, "geen beroep worden dampstrygejern" shall be replaced by the words "geen rechtsmiddel worden aangewend.
S. 3. in chapter V of the Act, inserted by the Act of 19 January 2012 amending 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 (II), it is inserted a section 2 entitled "performance penalty".
S. 4. in section 2, inserted by article 3, article be inserted a 20 as follows: «art.» 20 § 1. For the execution of the penalty, the competent prosecutor territorially is that of the place of residence or domicile of the person concerned.
§ 2. To decide on the execution of the penalty, the Prosecutor checks: 1 ° if the conditions of articles 2, 2/1 and 3 are fulfilled.
2 ° if there is not appropriate to apply one of the causes of refusal provided for in articles 6, 7, 7/1, and 19;
3 ° where the fact at the base of the monetary penalty is contained in the list of article 6 §§ 2 and 2/1, if behaviors are described in the certificate correspond to those included in this list.

§ 3. Before you decide not to execute a decision, in whole or in part, the Prosecutor is required to consult without delay the competent authority of the issuing State by any means appropriate where the performance is likely to be refused on the basis of article 7, § 1, 3 °, 7/1 article, 1 ° or 3 ° or article 19, § 2.
§ 4. It can be suspended enforcement of the decision during the time needed for translation, costs related to it being taken over by the Belgian State. ».
S. 5. in the same section 2, inserted a section 21 read as follows: «art.» 21 § 1. When the Prosecutor decides not to execute the request, this decision is final.
§ 2. When the Prosecutor decides to execute the request, it shall inform the person concerned in writing. It has a period of 30 days from the notification of the decision to invoke one of the causes of applicable refusal and transmit the information needed on this subject to the Prosecutor of the King.

§ 3. When the person concerned is able to provide proof of payment, in whole or in part, in a State, King's Attorney consults the competent authority of the issuing State, as appropriate, requesting any information required. Any part of the amount of the penalty recovered in any way whatsoever in another State is fully deducted from the amount of the sanction being run in Belgium.
§ 4. The Prosecutor shall inform the person by judicial fold of the decision taken on the basis of the information obtained.
§
5. When the Prosecutor decides to still run the application, the person concerned can apply to the Correctional Court by application addressed to the registry, within a period of fifteen days from the notification of the decision. The Court can only decide on the basis of articles 20 to 22. The tribunal's decision may be the subject of an appeal in cassation. ».
S. 6. in chapter VI of the Act, inserted by the Act of 19 January 2012 amending 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 (II), it is inserted a section 2 entitled "Execution of confiscation."
S.
7. in section 2, inserted by article 6, it is inserted a section 30 read as follows: «art.» 30 § 1. For the execution of the confiscation, the Correctional Court of competent jurisdiction is that of the place where the goods in question or the majority of them are located.

§ 2. On referral to the Prosecutor, the Criminal Court ruling by a reasoned decision on the execution of the confiscation, after having heard the Prosecutor and the convicted person or his counsel.
§ 3. To decide, the Court checks: 1 ° if the conditions of articles 2, 2/1 and 3 are fulfilled.
2 ° if there is not appropriate to apply one of the causes of refusal provided for in articles 6, 7, 7/1, and 29;
3 ° in the case where the fact at the base of the confiscation order is contained in the list of article 6, § 2, if behaviors are described in the certificate correspond to those included in this list;
4 ° If there is reason to apply one of the grounds for stay of execution provided for in article 31.
§
4. If the Prosecutor proposes to require the non-enforcement of the decision on the basis of article 7, § 1, 2 ° of article 7/1, 2 ° or 3 °, and article 29, 1 ° or 2 ° of this article should first consult the competent authorities of the issuing State.

§ 5. In ordering the execution of the confiscation order, the Court converts, if needed, the amount to be confiscated in euro at the exchange rate in force at the time when the decision on confiscation was imposed.
§ 6. The tribunal's decision is likely to appeal to the Court of appeal. The decision on the appeal may be the subject of an appeal in cassation.
§
7. Any interested party which may, depending on the indications provided by the procedure and under the legitimate possession, assert rights on the object of confiscation, is informed of the fixing of the hearing before the competent criminal court.
§ 8. The competent authority of the issuing State is informed of any action brought pursuant to § 6".
S. 8. in the same section 2, inserted a section 31 worded as follows: «art.» 31 § 1. The criminal court or, before even the seisin of the Court, the Prosecutor may decide on the postponement of execution of the confiscation order in the following cases: 1 ° if the confiscation decision concerns a sum of money, and because of the simultaneous execution of the decision in several Member States, the total value from execution may be greater than the amount specified in the decision;
2 ° where its execution might damage a criminal investigation underway, until where the magistrate in charge of the case reasonable judge.
3 ° when a translation of all or part of the confiscation order is deemed necessary, during the period to get the translation at the expense of the executing State;
4 ° when the property is already the subject of a forfeiture procedure;
(5) in the event of action committed by a third party.

§ 2. During the time of the postponement, a power to seize is recognized to the Prosecutor of the King so that the property is no longer available for the purposes of the execution of the confiscation. ».
S. 9. in the same section 2, inserted a section 34 as follows: «art.» 34. in the case of a contest between two or several decisions of confiscation of money while the interested don't not have sufficient in its heritage assets so that decisions can be carried out, or on the same specific, the tribunal determines the decisions of confiscation to run taking due account of all the circumstances.
These circumstances may relate to the possible existence of other property seized in the same case, the relative seriousness and place of commission of the offences, and the dates on which the differentesdecisions were made and transmitted. ».
S.
10. in chapter VI of the Act, inserted by the Act of 19 January 2012 amending 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 (II), it is inserted a 3 section entitled "Destination of confiscated property."
S. 11. in section 3 inserted by article 10, it is inserted a section 38 as follows: «art.» 38 § 1. The Prosecutor of the King determines the destination of the goods confiscated in the following manner: 1 ° when it is a sum of money, the amount recovered is poured public Treasury is less than 10,000

euros. In other cases, it is allocated 50% of the amount recovered in the issuing State, the remainder reverting to the public Treasury;
2 ° when it comes to property other than money, the Prosecutor may decide: a) to order the sale of the property. In this case, the proceeds from the sale is distributed according to the § 1, 1 °;
(b) to transfer the property to the issuing State;
((c) where it is not possible to apply a) or (b)), it can be disposed of in accordance with Belgian law.
§ 2. The Belgian authorities are not required to sell or return the property confiscated when it comes of Belgian cultural heritage cultural goods.

§ 3. The Minister of Justice may agree with the issuing State to derogate from the rules laid down in §§ 1 and 2. ».
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on March 19, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Notes (1) Session 2010-2011.
House of representatives Documents.
B 53 - 1703 N ° 1: Bill No. 2: report on behalf of the Committee No. 3: text adopted by the commission No. 4: text adopted by the commission No. 5: text adopted in plenary meeting and transmitted to the Senate Senate Document. B 5 - 1278 No. 1: draft transmitted by the room no. 2: amendments N ° 3: report on behalf of the Committee No. 4: text corrected by the commission N ° 5: text adopted in plenary meeting and submitted to Royal assent.

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