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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

6 FEBRUARY 2012. - An Act to amend the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure with respect to the prosecution of certain offences committed abroad (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 10, 5°, of the Act 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, the prosecution, including the investigation, for the offences referred to in articles 347bis, 393-397, and 475 of the Criminal Code and committed against a person who, at the time of the incident, is a Belgian national, can only be initiated at the request of the Federal Prosecutor or the King's Prosecutor, who appreciates any complaints.
Following a complaint pursuant to the preceding paragraph, the Federal Prosecutor or the King's Attorney requires the investigating judge to investigate the complaint unless:
1° the complaint is manifestly unfounded; or
2° the facts in the complaint do not correspond to a qualification of the offences referred to in articles 347bis, 393-397 and 475 of the Criminal Code; or
3° an admissible public action cannot result from this complaint; or
4° of the concrete circumstances of the case, it appears that, in the interest of a good administration of justice and in compliance with Belgium's international obligations, this case should be brought before international courts, either before the jurisdiction of the place where the facts have been committed, or before the jurisdiction of the State of which the author is a national or that of the place where he can be found, and as long as this jurisdiction presents the qualities of independence,
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 shall take before the board the indictments of the requisitions to declare, as the case may be, that there is no need to prosecute or that public action is not admissible. Only the federal prosecutor or the King's attorney is heard.
When the board of indictment finds that none of the conditions set out in paragraph 3, 1°, 2° and 3° is met, it shall designate the judge of territorially competent instruction and shall state the facts on which the instruction will be carried.
It is then proceeded in accordance with common law.
The Federal Prosecutor or the Attorney General has the right to file a cassation appeal against the judgements rendered pursuant to paragraphs 4 and 5. In any case, this appeal will be formed within fifteen days of the pronouncement of the order.
In the case provided for in paragraph 3, 4°, the Federal Prosecutor or the King's Prosecutor shall class the case without action and notify the Minister of Justice of his decision. This decision to rank without action is subject to no appeal. »
Art. 3. Section 10ter, 4°, of the same Act, inserted by the Act of 28 November 2000 and amended by the Act of 19 December 2003, is supplemented by the following paragraphs:
"If the accused is not found in Belgium, the prosecution, including the investigation, cannot be initiated, when the offence has been committed by a foreigner against a person who, at the time of the incident, is a Belgian national or against an institution referred to in paragraph 1eronly at the request of the Federal Prosecutor or the King's Attorney, who appreciates any complaints.
Following a complaint pursuant to the preceding paragraph, the Federal Prosecutor or the King's Attorney requires the investigating judge to investigate the complaint unless:
1° the complaint is manifestly unfounded; or
2° the facts in the complaint do not correspond to a qualification of the offences referred to in section 137 of the Criminal Code; or
3° an admissible public action cannot result from this complaint; or
4° of the concrete circumstances of the case, it appears that, in the interest of a good administration of justice and in compliance with Belgium's international obligations, this case should be brought before international courts, either before the jurisdiction of the place where the facts have been committed, or before the jurisdiction of the State of which the author is a national or that of the place where he can be found, and as long as this jurisdiction presents the qualities of independence,
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 shall take before the board the indictments of the requisitions to declare, as the case may be, that there is no need to prosecute or that public action is not admissible. The Federal Prosecutor or the Attorney General is heard alone.
When the board of indictment finds that none of the conditions set out in paragraph 3, 1°, 2° and 3° is met, it shall designate the judge of territorially competent instruction and shall state the facts on which the instruction will be carried. If the application referred to in paragraph 4 is made by the federal prosecutor, it shall seize the dean of the investigating judges referred to in section 47duodecies, § 3, of the Code of Criminal Investigation.
It is then proceeded in accordance with common law.
The Federal Prosecutor or the Attorney General has the right to file a cassation appeal against the judgements rendered pursuant to paragraphs 4 and 5. In any case, this appeal will be formed within fifteen days of the pronouncement of the order.
In the case provided for in paragraph 3, 4°, the Federal Prosecutor or the King's Prosecutor shall class the case without action and notify the Minister of Justice of his decision. This decision to rank without action is subject to no appeal. »
Art. 4. Article 12, paragraph 1erthe Act, amended by the Acts of 14 July 1951 and 5 August 2003, is replaced by the following:
"The prosecution of offences in this chapter will only take place if the accused is found in Belgium, except in the cases covered by:
1° Article 6, 1°, 1° bis and 2°, as well as Article 6, 1° ter, with regard to the offences provided for in Article 137 of the Criminal Code;
2° Article 10, 1°, 1° bis and 2° as well as Article 10, 5°, with regard to the offences provided for in Articles 347bis, 393-397, and 475 of the Criminal Code;
3° Article 10bis;
4° Article 10ter, 4°, with respect to offences under Article 137 of the Criminal Code;
5th article 12bis. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 February 2012.
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) 2010-2011 session.
House of Representatives.
Documents. - Proposal by Mrs. De Wit et al., 53-1541 - No. 1. - Amendment, 53-1541 - No. 2.
Session 2010-2011.
House of Representatives.
Documents. - Amendments, 53-1541 - nbones 3 to 5. - Report, 53-1541 - No. 6. - Text adopted by the commission, 53-1541 - No. 7. - Text adopted in plenary and transmitted to the Senate, 53-1541 - No. 8.
Full report. - 17 November 2011.
Senate.
Documents. - Project not referred to by the Senate, 5-1334 - No. 1.