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26 NOVEMBER 2011. - An Act to amend and supplement the Criminal Code with a view to criminalizing the abuse of the situation of weakness of persons and to extend the criminal protection of vulnerable persons against abuse (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Criminal Code
Art. 2. Article 142 of the Criminal Code is supplemented by a paragraph written as follows:
"If the offence has been committed to the harm of a person whose situation of vulnerability due to age, a state of pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator, the perpetrator will be punished by imprisonment for 15 days to six months and a fine of Euro20 to Euro5 hundred. »
Art. 3. Section 330bis of the same Code, repealed by the Act of 4 July 1972, is reinstated in the following wording:
"Art. 330bis. In the cases referred to in sections 327 to 330, the minimum of the penalties imposed by these articles will be doubled when the person to whom the threats of an attack or who are given false information relating to an attack is a person whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator. »
Art. 4. Article 347bis, § 2, paragraph 2, of the same Code, inserted by the law of 2 July 1975 and replaced by the law of 28 November 2000, is replaced by the following:
"The penalty will be life imprisonment if the person taken as a hostage is a minor or a person whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator. »
Art. 5. In section 376, paragraph 3, of the same Code, replaced by the Act of July 4, 1989 and amended by the Act of November 28, 2000, the words "particularly vulnerable because of a state of pregnancy, illness, disability or physical or mental impairment" are replaced by the words "whose situation of vulnerability was due to age, pregnancy, disability or apparent impairment of a mental illness or disability"
Art. 6. Article 377, paragraph 1^erthe same Code, replaced by the Act of 4 July 1989 and amended by the Act of 28 November 2000, is replaced by the following:
“The penalties will be set out in paragraphs 2 to 6:
- if the perpetrator is the victim's ascendant or opponent, a direct-line descendant of the victim or a direct-line descendant of a victim's brother or sister;
- if the perpetrator is either the brother or sister of the minor victim or any person who occupies a similar position within the family, or any person who usually or occasionally lives with her and has authority over her;
- if the perpetrator is of those who have authority over the victim; if it has abused the authority or facilities conferred upon it by its functions; if he is a doctor, surgeon, birth attendant or health officer and the child or any other vulnerable person referred to in section 376, paragraph 3, was entrusted to his care;
- if in the case of articles 373, 375 and 376, the perpetrator, whatever, was assisted in the execution of the crime or offence by one or more persons. »
Art. 7. Section 378 of the same Code, replaced by the Act of 28 November 2000 and amended by the Act of 14 April 2009, is supplemented by a paragraph written as follows:
"The courts may also prohibit a convict, in term or on a perpetual basis, from directly or indirectly exploiting a rest home, home, seigneury or collective accommodation structure of persons referred to in Article 376, paragraph 3, or from being a member, as a volunteer member, a member of the statutory or contractual personnel or as a member of the administrative and management bodies, of any institution or association whose activity relates primarily to persons The application of this prohibition shall be in accordance with Article 389. »
Art. 8. In Article 380, § 3, 2°, of the same Code, the words "specially vulnerable situation of a person because of his or her illegal or precarious administrative situation, a state of pregnancy, a disease, a disability or a physical or mental impairment" are replaced by the words "a situation of vulnerability in which a person is located because of his or her illegal or precarious administrative situation, of his or her age, a state of pregnancy
Art. 9. In article 391bis of the same Code, inserted by the law of January 14, 1928, replaced by the law of July 5, 1963 and last amended by the law of April 27, 2007, a paragraph written as follows is inserted between paragraphs 4 and 5:
"The same penalties will apply to any direct-line descendant who, condemned to an obligation of food, voluntarily refrains from completing the formalities provided by social legislation and thus deprives an ascendant of the benefits to which he could claim. »
Art. 10. In the introductory sentence of article 405bis of the same Code, inserted by the law of November 28, 2000, the words "who, because of his physical or mental state, was not able to provide for his or her maintenance" are replaced by the words "whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known."
Art. 11. In section 405ter of the same Code, inserted by the Act of 28 November 2000, the following amendments are made:
1° the words "who, because of his physical or mental state," are replaced by the words " vulnerable because of his age, state of pregnancy, illness, disability or physical or mental impairment and who";
2° the words "or collateral to the fourth degree" are inserted inte the word " ascendants" and the words "any other person having authority over the minor";
3° the words "incapable" are replaced by the words " vulnerable person".
Art. 12. In article 410, paragraph 1^er, from the same Code, replaced by the law of November 28, 2000, the words "direct or collateral to the fourth degree" are inserted between the words "other descendants" and the words ", the minimum".
Art. 13. In section 417ter, paragraph 2, 1°, (b) of the same Code, inserted by the law of June 14, 2002, the words "particularly vulnerable because of a state of pregnancy, illness, infirmity or physical or mental impairment or because of a precarious situation" are replaced by the words "whose situation of vulnerability due to age, a state of pregnancy, a patient's illness,
Art. 14. In section 417quater, paragraph 2, 1°, (b), of the same Code, inserted by the law of June 14, 2002, the words "particularly vulnerable because of a state of pregnancy, illness, infirmity or physical or mental impairment or because of a precarious situation" are replaced by the words "whose situation of vulnerability due to age, a state of pregnancy, a disability or
Art. 15. Article 417quinquies of the same Code, inserted by the law of 14 June 2002, is supplemented by a paragraph written as follows:
"If the degrading treatment is committed to a person whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator, the minimum penalty provided for in paragraph 1^er will be doubled. »
Art. 16. Section 422bis, paragraph 3, of the same Code, inserted by the Act of April 13, 1995, is supplemented by the words "or is a person whose vulnerability is due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator of the facts. »
Art. 17. In the title of Book II, Title VIII, Chapter III, of the same Code, replaced by the Act of 28 November 2000, the words "incompetent" are replaced by the words "incapable" 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 "incapable persons".
Art. 18. In Article 423, § 1^er, of the same Code, replaced by the Act of November 28, 2000, the words "a person who is out of state to protect himself because of his physical or mental state" are replaced by the words "a person whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator of the facts".
Art. 19. In section 424 of the same Code, replaced by the Act of 28 November 2000, a paragraph is inserted between paragraphs 2 and 3:
"The direct-line descendants who abandon their father, mother, adopter or other ascendant in need, although they have not been left alone, who refuse to resume it or refuse to pay for their interview when they have entrusted it to a third party or have been entrusted 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 law of November 28, 2000, the words "incompetent" are replaced by the words "in vulnerable persons".
Art. 21. In Article 425, § 1^er, of the same Code, replaced by the Act of November 28, 2000, the words "a person who, because of his or her physical or mental state" are replaced by the words "a person whose vulnerability is due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator of the facts and who".
Art. 22. In section 426 of the same Code, replaced by the Act of 28 November 2000, the following amendments are made:
1° in § 1^er, the words "out of state to be able to maintain it because of its physical or mental condition" are replaced by the words " vulnerable because of its age, pregnancy, illness, disability or physical or mental impairment and that are not capable of being able to maintain it";
2° in § 2, the words "of the person out of state to be able to maintain him because of his physical or mental state" are replaced by the words "of a person referred to in § 1^er and who was not able to provide for his interview."
Art. 23. Section 427 of the same Code, replaced by the Act of 28 November 2000, is supplemented by a paragraph written as follows:
"The penalty under section 33 may also be applied. »
Art. 24. The title of Book II, Part VIII, Chapter III, Section 4, of the same Code, inserted by the Act of 28 November 2000, is supplemented by the words "and vulnerable persons".
Art. 25. In section 428 of the same Code, replaced by the Act of 28 November 2000 and amended by the Act of 14 June 2002, the following amendments are made:
1° in § 2, the words "or any person whose situation of vulnerability due to age, state of pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator of the facts," are inserted between the words "Twelve years" and the words "will be punished";
2° in § 4, the words "or the person referred to in § 2" are inserted between the words "of the minor removed" and the words " caused".
Art. 26. In section 429 of the same Code, replaced by the Act of 28 November 2000, the words "that he knows he has been removed" are replaced by the words "or a vulnerable person, referred to in section 428, § 2, whom he knows he has been abducted".
Art. 27. Section 430 of the same Code, replaced by the Act of 28 November 2000, is supplemented by the words "or the vulnerable person removed".
Art. 28. In the title of Book II, title VIII, chapter III, section 6, of the same Code, inserted by the law of 10 August 2005, the words "and vulnerable persons" are inserted after the words "From the use of minors".
Art. 29. In section 433 of the same Code, as amended by the Act of 10 August 2005, the words "or a person whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator of the facts," are inserted between the words "a minor" and the words "in order to commit".
Art. 30. In section 433quater, 2°, of the same Code, inserted by the law of 10 August 2005, the words "particularly vulnerable situation in which a person is located because of his or her illegal or precarious administrative situation, his or her precarious social situation, a state of pregnancy, a disease, a disability or a physical or mental disability" are replaced by the words "an illegal situation of vulnerability in which a person is located because of
Art. 31. In article 433s, 2°, of the same Code, inserted by the law of 10 August 2005, the words "particularly vulnerable situation in which a person is located because of his or her illegal or precarious administrative situation, his or her precarious social situation, a state of pregnancy, a disease, a disability or a physical or mental disability" are replaced by the words "an illegal situation of vulnerability in which a person is located because of his or his or his or his or her
Art. 32. In the Dutch text of the title of Book II, Title VIII, Chapter IIIquater, of the same Code, inserted by the law of 10 August 2005, the words "bijzonder kwetsbare positie" are replaced by the words "kwetsbare toestand".
Art. 33. In section 433decies of the same Code, inserted by the Act of 10 August 2005, the words "particularly vulnerable position in which a person is located because of his or her illegal or precarious administrative situation or precarious social situation" are replaced by the words "a situation of vulnerability in which a person is located because of his or her illegal or precarious administrative situation, his or her precarious social situation, his or her age, a state of pregnancy, a sickness, a mental illness,
Art. 34. In section 442bis of the same Code, inserted by the Act of 30 October 1998, the following amendments are made:
1° it is inserted between paragraphs 1^er and 2, a paragraph reading:
"If the facts referred to in paragraph 1^er is committed to the injury of a person whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator, the minimum penalty provided for in paragraph 1^er will be doubled. »;
2° Paragraph 2, which becomes paragraph 3, is supplemented by the words "or, if it is a person referred to in paragraph 2, public utility institutions or associations referred to in section 43 of the Act of 26 November 2011 amending and supplementing the Criminal Code with a view to criminalizing the abuse of the situation of weakness of persons and extending the criminal protection of vulnerable persons against abuse. »
Art. 35. In Book II, Title VIII, of the same Code, it is inserted a chapter IVter entitled "De l'abus de la situation de weakness des personnes".
Art. 36. In chapter IVter inserted by section 35, an article 442quater is inserted as follows:
"Art. 442quater. § 1^er. Anyone who, while he knew the situation of physical or mental weakness of a person, would seriously alter the ability to discern that person, fraudulently abused of that weakness to lead that person to an act or forbearance that seriously affects his or her physical or mental integrity or heritage, will be punished by a penalty of one month to two years' imprisonment and a fine of only one hundred euros to one thousand euros or one thousand euros.
§ 2. The penalties will be imprisonment for one month to four years and a fine of two hundred euros to two thousand euros or one of these penalties only in the following cases:
1° if the act or forbearance referred to in § 1^er results from a physical or psychological stipulation by the exercise of severe or repeated pressures or techniques to alter the capacity of discernment;
2° if the abuse referred to in § 1^er was committed to a minor;
3° if it is the result of the act or forbearance referred to in § 1^ereither a seemingly incurable disease or a permanent incapacity for personal work, or a complete loss of the use of an organ or a serious mutilation;
4° if the abuse referred to in § 1^er constitutes an act of participation in the principal or incidental activity of an association.
§ 3. The penalty will be imprisonment from ten years to fifteen years if the act or forbearance of the person caused his death.
§ 4. The court may, pursuant to §§ 1^er and 2, prohibit all or part of the rights listed in article 31, paragraph 1^erfor a term of five to ten years.
§ 5. The court may order that the judgment or summary of the judgment be published, at the expense of the convicted person, in one or more newspapers, or in any other way. »
Art. 37. In section 462 of the same Code, the following amendments are made:
1° it is inserted between paragraphs 1^er and 2, a paragraph reading:
"Paragraph 1^er is not applicable if these flights have been committed to the injury of a vulnerable person because of his or her age, pregnancy, illness, disability or physical or mental impairment. »;
2° in current paragraph 2, which becomes paragraph 3, the words "the foregoing provision" are replaced by the words "paragraph 1^er "
Art. 38. Article 463 of the same Code, as amended by the laws of 25 June 1964 and 26 June 2000, is supplemented by a paragraph written as follows:
"The minimum penalty will be three months' imprisonment and fifty euros' fine if the flight was committed to the injury of a person whose situation was particularly vulnerable because of his or her age, pregnancy, illness or impairment or physical or mental disability was apparent or known to the perpetrator of the offence. »
Art. 39. In section 471 of the same Code, as amended by the Act of 11 December 2001, the enumeration is supplemented by the following phrase:
"if the offence has been committed to the injury of a person whose situation is particularly vulnerable because of his or her age, a state of pregnancy, illness or impairment or physical or mental disability was apparent or known to the perpetrator. »
Art. 40. In section 493, paragraph 1^er, of the same Code, as amended by Royal Decree No. 148 of 18 March 1935, the words "or a person whose situation of vulnerability because of age, state of pregnancy, illness, infirmity or physical or mental impairment was apparent or known to the perpetrator of the facts," are inserted between the words "of a minor" and the words "to make him/her known."
Art. 41. In section 496 of the same Code, as amended by the Act of 16 June 1993, a paragraph is inserted between paragraphs 1^er and 2:
"If the facts referred to in the preceding paragraph have been committed to the prejudice of a person whose situation of vulnerability due to age, pregnancy, illness, disability or physical or mental impairment was apparent or known to the perpetrator of the offence, the person shall be liable to imprisonment from six months to five years and to a fine from twenty-six euros to three thousand euros. »
CHAPTER 3. - Amendment of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 42. In section 77quater, 2°, of the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the law of 10 August 2005, the words "especially vulnerable situation in which a person is located because of his or her illegal or precarious administrative situation, his or her precarious social situation, a state of pregnancy, a disease, a disability or a physical disability
CHAPTER 4. - Final provision
Art. 43. 433,430, of which 4,430,
However, this right to be tried can only be exercised if these institutions and associations have been approved by the King who sets out the terms and conditions of such approval.
The victim may, at any time, waive, by herself or her representative, the agreement referred to in paragraph 1^erthe effect of which is to put an end to the possibility, for the establishment of public utility or the association concerned, to continue to be tried in the proceedings referred to in the same paragraph.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Ciergnon, November 26, 2011.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Special Session 2010.
House of Representatives.
Documents. - Bill of law by Mr. Frédéric et al., 53-80 No. 1.
Session 2010-2011.
House of Representatives.
Documents. - Amendments, 53-80 - n^bones 2 to 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 and transmitted to the Senate, 53-80 - No. 9.
Full report. - 16 June 2011.
Senate.
Documents. - Project referred to 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 referred the House, 5-1095 - No. 5.
Annales. - 20 July 2011.
House of Representatives.
Documents. - Draft amended by the Senate, 53-80 - No. 10. - Amendments, 53-80 - n^bones 11-13
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 referred to the Senate, 53-80 - No. 16.
Full report. - 20 October 2011.
Senate.
Documents. - Bill amended by the House and referred 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 - No. 9.
Annales. - 10 November 2011.