Law Amending The Law Of April 17, 1878, Containing The Preliminary Title Of The Code Of Criminal Procedure With Regard To The Prosecution Of Certain Offences Committed Abroad (1)

Original Language Title: Loi modifiant la loi du 17 avril 1878 contenant le titre préliminaire du Code de procédure pénale en ce qui concerne la poursuite de certaines infractions commises à l'étranger (1)

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Posted the: 2012-03-07 Numac: 2012009087 SERVICE PUBLIC FÉDÉRAL JUSTICE 6 February 2012. -Law amending the law of April 17, 1878, containing the preliminary title of the Code of criminal procedure with regard to the prosecution of certain offences committed abroad (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. article 10, 5 °, of the law of 17 April 1878 containing the preliminary title of the Code of criminal procedure, as amended by the Act of 12 July 1984, is supplemented by the following paragraphs: "If the accused is not found in Belgium, prosecutions, including the statement, for the offences referred to in articles 347 bis, 393-397, and 475 of the penal Code and committed against a person who. at the time of the facts, is a Belgian national, may be initiated only at the request of the federal prosecutor or the Attorney of the King, who enjoys any complaints.
Seized of a complaint pursuant to the preceding paragraph, the federal prosecutor, or procureur du Roi requires the investigating judge to inquire into this complaint unless: 1 ° the complaint is manifestly unfounded; or 2 ° the facts identified in the complaint do not correspond to a qualification of the offences referred to in articles 347 bis, 393-397 and 475 of the penal Code; or 3 ° admissible public action cannot arise from this complaint; or (4) of the concrete circumstances of the case, it spring that, in the interests of good administration of justice and in the respect of the international obligations of the Belgium, this case should be brought before international courts, either before the Court of the place where the facts occurred, either before the Court of the State of which the author is a national, or the place where it can be found , and provided that this jurisdiction does the qualities of independence, impartiality and fairness, such as this may highlight relevant international commitments between the Belgium and this State.
If it is of the opinion that one or more of the conditions set out in paragraph 3, 1 °, 2 ° and 3 °, are met, the federal prosecutor or the Attorney general takes to the Chamber of indictments of the requisitions to declare, as the case may be, that there is no reason to continue or that public action is not admissible. Only the federal prosecutor, or procureur du Roi is heard.
When the indictments Chamber finds that none of the conditions set out in paragraph 3, 1 °, 2 ° and 3 °, is filled, it means the territorially competent investigating judge and indicate the facts on which will be the statement.
It is then proceeded in accordance with the common law.
The federal prosecutor or the Attorney general has the right to an appeal in cassation against judgments rendered pursuant to paragraphs 4 and 5. In all cases, this appeal will be brought within fifteen days as of the pronouncement of the judgment.
In the case provided for in paragraph 3, 4 °, the federal prosecutor, or procureur du Roi class the case no further action and notify its decision to the Minister of Justice. This decision of no further action is likely to no remedy. » Art. 3. article 10B, 4 °, of the same Act, inserted by the Act of 28 November 2000 and amended by the law of 19 December 2003, is supplemented by the following paragraphs: "If the accused is not found in Belgium, the prosecution, including the statement, may be incurred, where the offence is committed by a foreigner against a person who, at the time of the facts. is a Belgian national or against a prescribed institution 1 paragraph, at the request of the federal prosecutor or the Attorney of the King, who enjoys any complaints.
Seized of a complaint pursuant to the preceding paragraph, the federal prosecutor, or procureur du Roi requires the investigating judge to inquire into this complaint unless: 1 ° the complaint is manifestly unfounded; or 2 ° the facts identified in the complaint do not correspond to a qualification of the offences referred to in article 137 of the Criminal Code; or 3 ° admissible public action cannot arise from this complaint; or (4) of the concrete circumstances of the case, it spring that, in the interests of good administration of justice and in the respect of the international obligations of the Belgium, this case should be brought before international courts, either before the Court of the place where the facts occurred, either before the Court of the State of which the author is a national, or the place where it can be found , and provided that this jurisdiction does the qualities of independence, impartiality and fairness, such as this may highlight relevant international commitments between the Belgium and this State.
If it is of the opinion that one or more of the conditions set out in paragraph 3, 1 °, 2 ° and 3 °, are met, the federal prosecutor or the Attorney general takes to the Chamber of indictments of the requisitions to declare, as the case may be, that there is no reason to continue or that public action is not admissible. The federal prosecutor or the Attorney general is only heard.
When the indictments Chamber finds that none of the conditions set out in paragraph 3, 1 °, 2 ° and 3 °, is filled, it means the territorially competent investigating judge and indicate the facts on which will be the statement. If the request referred to in paragraph 4 is the federal prosecutor, she grabbed the Dean of examining magistrates referred to in article 47duodecies, § 3, of the Code of criminal procedure.
It is then proceeded in accordance with the common law.
The federal prosecutor or the Attorney general has the right to an appeal in cassation against judgments rendered pursuant to paragraphs 4 and 5. In all cases, this appeal will be brought within fifteen days as of the pronouncement of the judgment.
In the case provided for in paragraph 3, 4 °, the federal prosecutor, or procureur du Roi class the case no further action and notify its decision to the Minister of Justice. This decision of no further action is likely to no remedy. » Art. 4. article 12, paragraph 1, of the Act, as amended by the law of July 14, 1951 and August 5, 2003, is replaced by the following: «the prosecution of offences in question in this chapter will take place only if the accused is found in Belgium, except in the cases referred by: 1 ° article 6, 1 °, 1 ° a and 2 °. as well as article 6, 1 ° ter with regard to offences under article 137 of the Criminal Code;
2 ° article 10, 1 °, 1 ° bis and 2 as well as article 10, 5 °, in what concerns offences under articles 347 bis, 393-397, and 475 of the penal Code;
3 ° article 10A;
4 ° article 10ter, 4 °, in what concerns offences under article 137 of the Criminal Code;
(5) article 12bis. "Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on 6 February 2012.
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 2010-2011.
House of representatives.
Documents. -Proposal of Act, Ms. Wit et al., 53-1541 - No. 1. -Amendment 53-1541 - No. 2.
Session 2010-2011.
House of representatives.
Documents. -Amendments 53-1541 - Nos. 3 to 5. -Report, 53-1541 - No. 6. -Text adopted by the commission, 53-1541 - No. 7. -Text adopted in plenary meeting and forwarded to the Senate, 53-1541 - No. 8.
Compte rendu intégral. -17 November 2011.
Senate.
Documents.
-Project not mentioned by the Senate, 5-1334 - No. 1.

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