belgiquelex.be - Carrefour Bank of Legislation

30 NOVEMBER 2011. - An Act to amend legislation with respect to improving the approach to sexual abuse and child sex in a relationship of authority (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. - Extension of the statute of limitations to fifteen years
Art. 2. In Article 21 of the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure, replaced by the Act of 30 May 1961 and amended by the Acts of 24 December 1993, 16 July 2002, 5 August 2003 and 21 December 2009, is inserted between paragraphs 2 and 3 a paragraph written as follows:
“With respect to offences defined in articles 372 to 377, 379, 380, 409 and 433quinquies, § 1Paragraph 1er, 1°, of the Criminal Code, the period shall be fifteen years if committed on a person under the age of eighteen years. »
Art. 3. In section 21bis of the Act, inserted by the Act of 13 April 1995 and amended by the Acts of 28 November 2000 and 10 August 2005, the second paragraph is replaced as follows:
"In the event that a crime referred to in paragraph 1 is corrected, the limitation period for public action is the one provided for in section 21, paragraph 3. »
CHAPTER 3. - The obligation of audiovisual recording of hearings
Art. 4. Section 92 of the Code of Criminal Investigation, repealed by the Act of 20 July 1990 and restored by the Act of 28 November 2000, is replaced by the following:
"Art. 92. § 1er. The hearing of minors who are victims or witnesses of offences referred to in sections 372 to 377, 379, 380, §§ 4 and 5, and 409 of the Criminal Code is subject to audio-visual recording, unless the King's prosecutor or the investigating judge determines the circumstances of the case and in the interests of the minor.
The Crown Prosecutor or the investigating judge may order the audio-visual recording of the hearing of juvenile victims or witnesses of other offences referred to in section 91bis.
The registration is made with the consent of the minor. If the minor is less than twelve years old, it is sufficient to inform him.
§ 2. Audiovisual recording of the hearing of minors who are victims or witnesses of other offences than those referred to in section 91bis may be ordered due to serious and exceptional circumstances.
The registration is made with the consent of the minor. If the minor is less than twelve years old, it is sufficient to inform him. »
Art. 5. In section 95, paragraph 1^er, from the same Code, repealed by the law of 20 July 1990 and restored by the law of 28 November 2000, the words "he wishes to conduct audiovisual recording of the hearing" are replaced by the words "audiovisual recording of the hearing is carried out".
CHAPTER 4. - Professional secrecy: extension of the right of speech
Art. 6. Section 458 bis of the Criminal Code, inserted by the Act of 28 November 2000, is replaced by the following:
"Art. 458bis. Any person who, by state or profession, is liable to secrets and is aware of an offence under sections 372 to 377, 392 to 394, 396 to 405ter, 409, 423, 425 and 426, who has been committed on a minor or on a person who is vulnerable because of his or her age, a state of pregnancy, a disease, a disability or »
CHAPTER 5. - The clarification of the criminalization of child pornography
Art. 7. In article 383bis, § 2, of the same Code, inserted by the law of 13 April 1995 and amended by the law of 26 June 2000, the words "or there shall, in knowledge, be accessed by a computer system or by any technological means" are inserted between the words "under § 1^er and the words ", shall be punished."
CHAPTER 6. - Sexual assault sets
Art. 8. Article 44 of the Code of Criminal Instruction, inserted by the law of 7 November 2011 amending the Code of Criminal Instruction and the law of 22 March 1999 on the procedure of identification by DNA analysis in criminal matters, is supplemented by a paragraph 3, which reads as follows:
“§3. If, as part of a case file of a stench or rape, the Crown's prosecutor decides not to establish DNA profiles of traces or a sample of reference found or taken during the victim's bodily exploration, referred to in section 90bis, he shall provide an explanation to the victim at the end of the information. »
Art. 9. Article 90duodecies of the same Code, inserted by the law of 7 November 2011 amending the Code of Criminal Investigation and the law of 22 March 1999 on the procedure for identification by DNA analysis in criminal matters, is supplemented by a § 4, which reads as follows:
“§4. If, as part of a case file of a stench or rape, the investigating judge decides not to establish DNA profiles of traces or a sample of reference found or taken during the physical exploration of the victim, referred to in section 90bis, he shall provide the victim with explanations at the end of the investigation. »
CHAPTER 7. - The extension of the court's provision of enforcement of penalties
Art. 10. In section 3 of the Act of 26 April 2007 on the provision of the application of penalties to the court, section 34quater is supplemented by a 4° written as follows:
"4° in case of application of sections 61, 62 or 65, the convictions on the basis of competing offences not covered by 1° to 3°. »
CHAPTER 8. - The statement of an injured person
Art. 11. In section 5bis of the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure, inserted by the Act of 12 March 1998, the following amendments are made:
1° 1 § 1^er/1 is inserted, as follows:
« § 1^er/1 The person filing a complaint with the police will be systematically informed of the possibility of constituting an injured person and of the rights attached to it. An ad hoc form will be submitted to him when filing a complaint. »;
2° § 2, paragraph 3, shall be replaced by two subparagraphs as follows:
"The statement to be attached to the file, and of which it is noted, is received by the Secretariat of the Public Prosecutor's Office by the Police Secretariat, the police officer who prepares the minutes or sent by registered letter to the Secretariat of the Public Prosecutor's Office.
If the statement is received by the police secretariat or the police officer who prepares the minutes, it shall be forwarded to the public prosecutor's secretariat without delay. »
CHAPTER 9. - Entry into force
Art. 12. This Act comes into force ten days after its publication to the Belgian Monitor, with the exception of Articles 4 and 5.
Sections 4 and 5 come into force on 1^er January 2013.
The King may set a date in force prior to that referred to in paragraph 2.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 30 November 2011.
ALBERT
By the King:
Deputy Prime Minister and Minister of Employment and Equal Opportunities,
responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
The Minister of the Interior,
Ms. A. TURTELBBOM
The Secretary of State for Migration and Asylum Policy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) 2010-2011 session.
House of Representatives
Documents. - Doc 53 1639/:
001: Proposal by Ms. Lalieux, De Wit and Marghem,
MM. 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 and transmitted to the Senat.
See also:
Full record:
20 July 2011.
Senate
Document. - 5-1188 -2011/2012
No. 1: Project not referred to by the Senate.