Act Amending And Supplementing The Criminal Code To Criminalize The Abuse Of The Position Of Weakness Of People And Expand The Criminal Protection Of Vulnerable Persons From Abuse (1)

Original Language Title: Loi modifiant et complétant le Code pénal en vue d'incriminer l'abus de la situation de faiblesse des personnes et d'étendre la protection pénale des personnes vulnérables contre la maltraitance (1)

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Posted the: 2012-01-23 Numac: 2011009809 FEDERAL JUSTICE PUBLIC SERVICE November 26, 2011. -Law amending and supplementing the Criminal Code to criminalize the abuse of the position of weakness of people and expand the criminal protection of vulnerable persons from abuse (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 general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code penal Art. 2. article 142 of the Criminal Code is supplemented by a paragraph worded as follows: "If the offence has been committed to the detriment of a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator, it shall be punished by imprisonment from 15 days to six months and a fine of twenty five hundred euro EUR.
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3. article 330bis of the Code, repealed by the law of July 4, 1972, was re-established in the following wording: «art.» 330bis. in the case referred to in articles 327-330, the minimum of penalties carried by these articles will be doubled when the person who addressed threats of attack or who are given false information concerning an attack is a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the author of facts. » Art. 4. article 347 bis, § 2, paragraph 2, of the same Code, inserted by the Act of 2 July 1975 and replaced by the Act of November 28, 2000, is replaced by the following: "the penalty shall be life imprisonment if the person taken as hostage is a minor or a person whose situation of vulnerability because of age, a State of pregnancy. illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator. » Art. 5. in article 376, paragraph 3, of the same Code, replaced by the Act of 4 July 1989 and amended by Act of 28 November 2000, 'particularly vulnerable due to a State of pregnancy, illness, infirmity or physical or mental disabilities' shall be replaced by the words "including the situation of vulnerability because of age, a State of pregnancy. ', illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator.
S. 6. article 377, paragraph 1, of the same Code, replaced by the Act of 4 July 1989 and amended by the Act of November 28, 2000, is replaced by the following: "the penalties will be determined as provided for in paragraphs 2 to 6:-If the perpetrator is the ascendant or the adoptive parent of the victim, a direct descendant of the victim or a direct descendant of a brother or sister of the victim;
-If the culprit is either the brother or the minor victim's sister or any person who occupies a similar position within the family, or any person cohabiting usually or occasionally with her and who has authority on it;
-If the offender is of those who have authority over the victim;
If he has abused the authority or facilities conferred on it by its functions; If it is physician, surgeon, midwife or health officer and that the child or other vulnerable person referred to in article 376, paragraph 3, was entrusted to his care;
-If in the case of articles 373, 375 and 376, the culprit, whatever it is, was helped in the execution of the crime or the offence, by one or more persons. » Art.
7. article 378 of the Code, replaced by the Act of 28 November 2000 and amended by the law of April 14, 2009, is supplemented by a paragraph worded as follows: "the courts may also prohibit the convicted person, term or perpetuities, operate directly or indirectly a rest home, a home, a Lordship or any structure collective accommodation of persons referred to in article 376 , paragraph 3, or to be part, as a volunteer member, Member of the staff or contract, or as a member of the bodies of administration and management, any institution or association whose activity concerns primarily vulnerable as referred to in article 376, paragraph 3. The application of this prohibition will be in accordance with article 389. » Art. 8. in article 380, § 3, 2 °, of the same Code, ' particularly vulnerable situation of a person due to his administrative status illegal or precarious, a State of pregnancy, illness, infirmity or physical or mental disability' shall be replaced by the words "situation of vulnerability in which a person because of his illegal or insecure administrative status". his age, a State of pregnancy, illness, infirmity or physical or mental disabilities.
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9. in article 391bis of the Code, inserted by the law of 14 January 1928, replaced by the law of 5 July 1963 and amended by the law of 27 April 2007, a paragraph worded as follows is inserted between paragraphs 4 and 5: "the same penalties shall be applicable to any direct descendant who, sentenced to an obligation of food. fails to voluntarily comply with the formalities laid down by the social legislation and thus deprives an ascendant of the benefits to which he was entitled.
» Art. 10. in the introductory sentence of article 405bis of the Code, inserted by the Act of 28 November 2000, "who because of his physical or mental state was not able to provide for his maintenance" shall be replaced by the words "whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator".
S. 11. in article 405ter of the Code inserted by the Act of 28 November 2000, the following changes are made: 1 ° words "which, due to his physical or mental state" are replaced by the words "vulnerable because of his age, a State of pregnancy, illness, infirmity or physical or mental disabilities and that»
2 ° the words 'or collateral to the fourth degree' are inserted ente the 'bottom-up' word and the words "any other person with authority over minor";
3 ° "incapable" shall be replaced by the words "vulnerable person".
S. 12. in article 410, paragraph 1, of the same Code, replaced by the Act of 28 November 2000, the words ' direct or collateral line up to the fourth degree"shall be inserted between the words 'other descendants' and the words ', minimum '.
S. 13. in article 417, paragraph 2, 1 °, b) of the same Code, inserted by the law of 14 June 2002, 'particularly vulnerable due to a State of pregnancy, illness, infirmity or physical or mental disabilities or because of a precarious situation' shall be replaced by the words "including the situation of vulnerability because of age, a State of pregnancy. illness, infirmity or physical or mental disabilities or due to its precarious situation was apparent or known to the perpetrator.
S. 14. in article 417quater, paragraph 2, 1 °, b), of the same Code, inserted by the law of 14 June 2002, 'particularly vulnerable due to a State of pregnancy, illness, infirmity or physical or mental disabilities or because of a precarious situation' shall be replaced by the words "including the situation of vulnerability because of age, a State of pregnancy. illness, infirmity or physical or mental disabilities or due to its precarious situation was apparent or known to the perpetrator.
S. 15. article 417quinquies of the same Code, inserted by the law of 14 June 2002, is supplemented by a paragraph worded as follows: "If the degrading treatment is committed against a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the author facts. the minimum penalty provided for in paragraph 1 shall be doubled. » Art. 16. article 422bis, paragraph 3, of the same Code, inserted by the Act of 13 April 1995, is supplemented by the words "or is a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator."
S. 17. in the title of book II, title VIII, chapter III, of the same Code replaced by Act of 28 November 2000, the words ' incompetent' are replaced by the words "to the vulnerable", and in the title of section 1 of the same chapter, inserted by the Act of 28 November 2000, the words "incapable" are replaced by the words "vulnerable persons".
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18. in article 423, § 1, of the same Code replaced by Act of 28 November 2000, the words "a person out of State to protect itself by reason of his physical or mental state"are replaced by the words "a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator".
S. 19. in article 424 of the Code replaced by Act of 28 November 2000, a written paragraph as follows is inserted between paragraphs 2 and 3: ' descendants in direct line who abandon their father, mother, adopting or other ascendant in the.

need, yet it has not been left alone, who refuse to take it back or refuse to pay maintenance when they entrusted it to a third party or given to a third party by judicial decision.
» Art. 20. in the title of book II, title VIII, chapter III, section 2, of the same Code, inserted by the Act of 28 November 2000, the words ' incompetent' are replaced by the words "vulnerable people".
S. 21. in article 425, § 1, of the same Code replaced by Act of 28 November 2000, the words "a person who, due to his physical or mental state» are replaced by the words" someone whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator and which.
S. 22. in article 426 of the Code replaced by Act of 28 November 2000, the following changes are made: 1 ° in the § 1 "out of State to provide his interview because of his physical or mental state" shall be replaced by the words "vulnerable because of his age, a State of pregnancy, illness, infirmity or impairment physical or mental, and who is unable to provide for its maintenance."
2 ° in § 2, the words "the person out of State to provide his interview because of his physical or mental state" are replaced by the words "of a person in the § 1 and was not able to provide for its maintenance.
S. 23. article 427 of the same Code, replaced by the Act of 28 November 2000, is supplemented by a paragraph worded as follows: «the penalty laid down in article 33 may, in addition, be applied.»
S. 24. the title of book II, title VIII, chapter III, section 4, of the same Code, inserted by the Act of 28 November 2000, is supplemented by the words "and vulnerable people".
S. 25. in article 428 of the same Code, replaced by the Act of 28 November 2000 and amended by the Act of 14 June 2002, the following changes are made: 1 ° in § 2, the words "or any person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator ' shall be inserted between the words "twelve years" and the words "shall be liable";
2 ° in § 4, the words "or the person referred to in § 2" are inserted between the words "of the abducted minor" and the words "caused".
S. 26. in article 429 of the Code replaced by Act of 28 November 2000, 'that he knows have been removed' shall be replaced by the words "or a vulnerable person, referred to in article 428, paragraph 2, that he knows have been removed".
S.
27. article 430 of the Code, replaced by the Act of 28 November 2000, is supplemented by the words 'or the vulnerable person removed'.
S. 28. in the title of book II, title VIII, chapter III, section 6, of the same Code, inserted by the law of August 10, 2005, the words "and vulnerable" are inserted after the words "the use of minors.
S. 29. in article 433 of the Code, as amended by the law of August 10, 2005, the words "or a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator," shall be inserted between the words "a minor" and the words "with a view to commit".
S. 30. in article 433quater, 2 °, of the same Code, inserted by the law of August 10, 2005, the words 'particularly vulnerable in which lies a person due to his illegal administrative or precarious, its social situation of a State of pregnancy, illness, infirmity or physical or mental disabilities"are replaced by the words"situation of vulnerability in which a person because of his illegal or insecure administrative status ". its precarious social situation, her age, a State of pregnancy, illness, infirmity or physical or mental disabilities.
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31. in article 433septies, 2 °, of the same Code, inserted by the law of August 10, 2005, the words 'particularly vulnerable in which lies a person due to his illegal administrative or precarious, its social situation of a State of pregnancy, illness, infirmity or physical or mental disabilities"are replaced by the words"situation of vulnerability in which a person because of his illegal or insecure administrative status ". its precarious social situation, her age, a State of pregnancy, illness, infirmity or physical or mental disabilities.
S. 32. in the Dutch text of the title of book II, title VIII, chapter IIIquater, of the same Code, inserted by the law of August 10, 2005, "bijzonder kwetsbare positie" shall be replaced by the words "kwetsbare toestand.
S. 33. in article 433decies of the Code inserted by the law of August 10, 2005, 'particularly vulnerable position' in a person due to his illegal or insecure administrative status or its precarious social situation shall be replaced by the words "situation of vulnerability in which a person because of his illegal or insecure administrative status". its precarious social situation, her age, a State of pregnancy, illness, infirmity or physical or mental disabilities.
S. 34. in article 442bis of the Code inserted by the law of 30 October 1998, the following changes are made: 1 ° it is inserted between paragraphs 1 and 2, a paragraph worded as follows: "If the matters referred to in paragraph 1 are committed to the detriment of a person whose situation of vulnerability because of age, a State of pregnancy. an illness, a disability or a physical or mental impairment was apparent or known to the perpetrator, the minimum penalty provided for in paragraph 1 will be doubled. »;
2 ° paragraph 2, which becomes article 3, is supplemented by the words "or, if he is a person described in paragraph (2), establishments of public utility or associations referred to in article 43 of the law of November 26, 2011 amending and supplementing the Criminal Code to criminalize the abuse of the position of weakness of people and expand the criminal-law protection of the vulnerable against abuse."
S. 35. in book II, title VIII, of the same Code, it is inserted an IVter chapter entitled "abuse of the position of weakness of people.
S. 36. in the chapter IVter inserted by article 35 article be inserted a 442quater as follows: «art.» 442quater. § 1. Anyone who will be, whereas he knew the situation of weak physical or psychic of a person, altering severely the ability of discernment of this person, fraudulently abused this weakness to drive this person act or establishing forbearance severely impair physical or mental or its heritage, will be punished with a sentence of one month to two years of imprisonment and a fine of one hundred thousand euros or one of those penalties only.
§ 2. The penalties shall be a term of imprisonment of one month to four years and a fine of two hundred euros to two thousand euros or one of those penalties only in the following cases: 1 ° if the Act or forbearance referred to the § 1 is the result of a bet in a State of psychological or physical subjection by serious or repeated pressure or techniques to alter the ability of discernment;
2 ° If the abuse referred to the § 1 has been committed against a minor;
3 ° if it is the Act or forbearance referred to the § 1, a disease apparently incurable, or permanent incapacity for work, or the complete loss of the use of a body organ either mutilation serious;
4 ° If the abuse referred to the § 1 constitutes an act of participation in the principal or accessory of an association activity.
§ 3. The penalty shall be imprisonment from ten years to fifteen years if the Act or forbearance from the person caused his death.
§ 4. The Court may, in application of §§ 1 and 2, prohibit the convicted person all or part of the rights listed in article 31, paragraph 1, for a term of five to ten years.

§ 5. The Court may order that the judgment or a summary thereof be published, at the expense of the convicted person, in one or more newspapers, or in any other manner whatsoever. » Art.
37. in article 462 of the Penal Code, the following changes are made: 1 ° it is inserted between paragraphs 1 and 2, a paragraph worded as follows: '1 article is not applicable if these flights have been committed to the detriment of a vulnerable person due to his age, a State of pregnancy, illness, infirmity or physical or mental disabilities.';
2 ° in the current 2 paragraph, which becomes paragraph 3, "the provision that precedes" shall be replaced by the words "paragraph 1".
S. 38. article 463 of the same Code, as amended by law of June 25, 1964-June 26, 2000, is supplemented by a paragraph worded as follows: 'the minimum sentencing will be of three months imprisonment and a fine of 50 euros if the flight has been committed to the detriment of a person particularly vulnerable situation because of his age. a State of pregnancy, illness or a physical or mental infirmity or disability was apparent or known to the perpetrator. » Art. 39. in article 471 of the same Code, as amended by the law of December 11, 2001, the enumeration is completed by the following phrase:

"If the offence has been committed to the detriment of a person whose particularly vulnerable situation because of his age, a State of pregnancy, illness or a physical or mental infirmity or disability was apparent or known to the author of the facts."
S. 40. in article 493, paragraph 1, of the same Code, as amended by order royal No. 148 on March 18, 1935, the words "or a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator," shall be inserted between the words "of a minor" and the words "to subscribe.
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41. in article 496 of the Code, as amended by the Act of 16 June 1993, a paragraph worded as follows is inserted between paragraphs 1 and 2: "If the matters referred to in the preceding paragraph have been committed to the detriment of a person whose situation of vulnerability due to age, a State of pregnancy, illness, infirmity or physical or mental disabilities was apparent or known to the perpetrator It shall be punished by imprisonment from six months to five years and a fine of 26 euros to three thousand euros. "CHAPTER 3. -Amendment of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts
42. in article 77quater, 2 °, of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, inserted by the law of August 10, 2005, the words "particularly vulnerable situation in which a person due to his illegal administrative or precarious, of its precarious social situation of a State of pregnancy, illness. infirmity or physical or mental disabilities"are replaced by the words"situation of vulnerability in which a person because of his illegal or precarious administrative status, its precarious social situation, her age, a State of pregnancy, illness, infirmity or physical or mental disabilities.
CHAPTER 4. -Disposition final art. 43. any institution of public utility and any association with legal personality for at least five years at the date of the facts and proposing by statute to protect victims of sectarian practices, to prevent violence or abuse against anyone vulnerable because of his age, a State of pregnancy, illness a disability or a mental or physical disability may with the agreement of the victim or his representative, ester to justice in proceedings that would give place the application of sections 142, 330bis, 347 bis, 376, 377, 378, 380, 391bis, 405bis, 405ter, 410, 417, 417quater, 417quinquies, 422bis, 423-430, 433, 433quater, 433septies, 433decies, 442bis, 442quater, 462, 463, 471, 493 and 496 of the Criminal Code and section 77quater of the Act of 15 December 1980 on access to the territory the residence, establishment and removal of foreigners.
This right to sue can however be exercised only if these institutions and associations have been approved by the King who sets the terms and conditions of this approval.
The victim may at any time waive, by itself or its representative, the agreement referred to in paragraph 1, which has the effect of terminating the possibility for the establishment of public utility or association concerned, to continue to litigate in the procedures referred to in the same paragraph.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given Ciergnon, November 26, 2011.
ALBERT by the King: the Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) extraordinary 2010 Session.
House of representatives.
Documents. -Bill M. Frédéric et al. proposal, 53-80 1.
Session 2010-2011.
House of representatives.
Documents.
-Amendments, 53-80 - our 2-4. -Addendum, 53-80 - No. 5. -Amendments, 53-80 - No. 6. -Report, 53-80 - No. 7. -Text adopted by the commission, 53-80-No. 8. -Text adopted in plenary meeting and forwarded to the Senate, 53-80 - No. 9.
Compte rendu intégral. -16 June 2011.
Senate.
Documents.
-Project mentioned by the Senate, 5-1095 - No. 1. -Amendments 5-1095 - No. 2. -Report 5-1095 - No. 3. -Text adopted by the commission, 5-1095 - No. 4. -Text amended by the Senate and returned to the Chamber, 5-1095 - No. 5.
Annals. -20 July 2011.
House of representatives.
Documents.
– Draft amended by the Senate, 53-80-No. 10. -Amendments, 53-80 - Nos. 11 to 13.
Session 2011-2012.
House of representatives.
Documents. -Report, 53-80 - No. 14. -Text adopted by the commission, 53-80-No. 15. -Text amended by the House of representatives and sent to the Senate, 53-80 - No. 16.
Compte rendu intégral. -20 October 2011.
Senate.
Documents.
– Draft amended by the House and sent to the Senate, 5-1095 - No. 6. -Amendments 5-1095 - No. 7. -Report 5-1095 - No. 8. -Decision to join the draft amended by the House of representatives, 5-1095 - N ° 9.
Annals. -10 November 2011.

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