Act To Amend The Law In What Concerns The Improvement Of The Approach To Sexual Abuse And The Facts Of Pedophilia In A Relationship Of Authority (1)

Original Language Title: Loi modifiant la législation en ce qui concerne l'amélioration de l'approche des abus sexuels et des faits de pédophilie dans une relation d'autorité (1)

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Posted the: 2012-01-20 Numac: 2011009810 FEDERAL JUSTICE PUBLIC SERVICE November 30, 2011. -An act to amend the law with respect to the improvement of the approach to sexual abuse and the facts of pedophilia in a relationship of authority (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. -The extension of the Statute of limitations to 15 years art. 2. in article 21 of the Act of 17 April 1878 containing the preliminary of the Code of criminal procedure, replaced by the law of 30 May 1961 and amended by the law of 24 December 1993, 16 July 2002, 5 August 2003 and December 21, 2009, is inserted between paragraphs 2 and 3 a paragraph worded as follows: "with respect to the offences defined in articles 372 to 377. , 379, 380, 409 and 433quinquies, § 1, paragraph 1, 1 °, of the penal Code, the period shall be 15 years if they have been committed on a person under 18 years of age. » Art. 3. in article 21bis of the Act, inserted by the Act of 13 April 1995 and amended by the acts of 28 November 2000 and August 10, 2005, paragraph 2 is replaced as follows: "in case of punishment of a crime referred to in paragraph first, the prosecution limitation period remains as specified in article 21. paragraph 3. "CHAPTER 3. -The obligation of the audiovisual recording of hearings s. 4. article 92 of the Code of criminal procedure, abrogated by the law of 20 July 1990 and restored by Act of November 28, 2000, is replaced by the following: «art.» 92 § 1. The hearing of minors victims or witnesses of offences referred to in articles 372-377, 379, 380, §§ 4 and 5, and 409 of the penal Code made the object of an audiovisual recording, unless reasoned otherwise decided by the Prosecutor or the investigating judge taking into account the circumstances in the case and in the interest of the minor.
The Crown Procurator or the examining magistrate may order the audiovisual recording of the hearing of minors who are victims or witnesses of other offences referred to in article 91bis.
The registration is done with the consent of the minor. If the minor is under 12 years, just to inform.

§ 2. The audiovisual recording of the hearing of minors who are victims or witnesses of offences other than those referred to in article 91bis may be ordered due to serious and exceptional circumstances.
The registration is done with the consent of the minor. If the minor is under 12 years, just to inform.
» Art. 5. in article 95, paragraph 1, of the same Code, repealed by the law of 20 July 1990 and restored by Act of 28 November 2000, "he wishes to proceed with the audiovisual recording of the hearing" shall be replaced by the words "the audiovisual recording of the hearing is realized.
CHAPTER 4. -Professional secrecy: the extension of the right to speak s.
6. article 458 bis of the penal Code, inserted by the Act of November 28, 2000, is replaced by the following: «art.» 458bis. any person who, by State or by profession, is custodian of secrets and as such has knowledge of an offence under articles 372 to 377, 392-394, 396 405ter, 409, 423, 425 and 426, which was committed on a minor or a person who is vulnerable because of his age, a State of pregnancy illness, infirmity or physical or mental disabilities may, without prejudice to the obligations imposed by article 422bis, inform the Attorney of the King, either when there is a grave and imminent danger to the physical or mental integrity of the minor or the vulnerable person, and it is not able, alone or with the help of others, to protect the integrity , either when there is evidence of a serious and real danger that other minors or vulnerable persons are victims of the offences provided for in the aforementioned articles and that it is not able, alone or with the help of others, to protect this integrity. » CHAPTER 5. -Clarification of the criminalization of pornography art. 7. in article 383bis, § 2, of the same Code, inserted by the Act of 13 April 1995 and amended by the Act of June 26, 2000, words "or will be informed, accessed by a computer system or by any technological means" are inserted between the words "referred under the § 1» and the words ', will be punished.
CHAPTER 6. -Sexual assault sets art. 8. article 44sexies of the Code of criminal procedure, inserted by the law of November 7, 2011, amending the Code of criminal procedure and act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, is supplemented by a paragraph 3 as follows: "§ § 3 3» If an issue of indecent assault or rape, the Prosecutor decides not to establish a profile of DNA traces or a reference sample discovered or collected during the body of the victim exploration, referred to in article 90bis, it provides explanations for the victim at the end of the information thereon. » Art.
9. article 90duodecies of the Code, inserted by the law of November 7, 2011, amending the Code of criminal procedure and act of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, is supplemented by a § 4 worded as follows: ' ' § § 4 4 If an issue of indecent assault or rape, the investigating judge decides not to establish a profile of DNA traces or a reference sample discovered or collected during the body of the victim exploration, referred to in article 90bis, it provides thereon of the explanation to the victim at the end of the statement. "CHAPTER 7. -The extension of the provision of the Court of the enforcement of sentences s. 10. in section 3 of the Act of April 26, 2007 on the placing at the disposal of the Court of the application of punishments, article 34quater is supplemented by a 4 ° as follows: '4 ° in case of application of articles 61, 62 or 65, convictions on the basis of concurrent offences not referred to in 1 ° to 3 °. "CHAPTER 8. -The declaration of victim art. 11A article 5bis of the Act, on April 17, 1878, containing the preliminary title of the Code of criminal procedure, inserted by the Act of 12 March 1998, the following changes are made: 1 ° a § 1/1 is inserted, worded as follows: "§ 1/1 the person who filed a complaint with the police services will be informed systematically of the possibility of becoming injured and the rights attached thereto." An ad hoc form will be awarded upon its filing of complaint. »;
2 ° § 2, paragraph 3, is replaced by two paragraphs worded as follows: "the declaration included in the file, and which it is drawn up deed, is received by the secretariat of the public prosecutor, by the secretariat of police, the police officer who establishes the minutes or sent by registered letter to the secretariat of the Crown."
If the declaration is received by the secretariat of police or police officer who establishes the minutes, it is forwarded without delay to the secretariat of the Crown. "CHAPTER 9. -Entry into force art. 12. this Act comes into force ten days after its publication in the Moniteur belge, with the exception of articles 4 and 5.
Articles 4 and 5 come into force on January 1, 2013.
The King may set a date of entry into force earlier than that referred to in paragraph 2.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, November 30, 2011.
ALBERT by the King: Deputy Prime Minister and Minister for employment and equal opportunities, responsible for the policy of migration and asylum, Ms. J. MILQUET. the Minister of the Interior, Ms. A. TURTELBBOM the Secretary of State for migration and asylum, M. WATHELET Scellé of the seal of the State policy: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2010-2011.
House of representatives Documents. -Doc 53 1639 /: 001: Bill Mrs Lalieux, De Wit and Marghem, Mr. Terwingen, Landuyt, Deleuze and Van Hecke, Mrs Van Cauter and Mr. Brotcorne.
002: Amendments.
003: Report.
004: Text adopted by the commission.
005: Text adopted in plenary meeting and transmitted to the Senate.
See also: full report: July 20, 2011.
Senate Document.
-5 - 1188 - 2011/2012 No. 1: project not referred by the Senate.

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