Law On Road Traffic Police, Coordinated March 16, 1968, In Relation To Delays In Secidive By Driving Offences (1)

Original Language Title: Loi relative à la police de la circulation routière, coordonnée le 16 mars 1968, en ce qui concerne les délais en matière de sécidive par les infractions de roulage (1)

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2 DECEMBER 2011. - Road Traffic Police Act, coordinated on March 16, 1968, with respect to the time limits for secidive traffic offences (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. In Article 29, § 4, paragraph 3, of the Law on Road Traffic Police, coordinated on 16 March 1968, the words "the year" are replaced by the words "the three years".
Art. 3. In article 29bis, paragraph 1er, of the same law, inserted by the law of August 4, 1996, the words "as of a previous judgment which sent a conviction and passed in force of tried things" are inserted after the words "in the three years".
Art. 4. In article 29ter of the same law, inserted by the law of August 4, 1996, the words "as of an earlier judgment which has been condemned and passed in force of a judgment" are inserted after the words "in the three years".
Art. 5. In article 30, § 4, of the same law, inserted by the law of 20 July 2005, the words "the year" are replaced by the words "the three years".
Art. 6. In section 31, paragraph 3, of the same law, the words "year" are replaced by the words "three years".
Art. 7. In article 33, § 3, 1°, of the same law, inserted by the law of June 4, 2007, the words "on the date of an earlier judgment in which the sentence and in force of judgment is pronounced" are inserted after the words "in the three years".
Art. 8. Article 34, § 1er, of the same Act, last amended by the Act of 7 February 2003, is supplemented by the following paragraph:
"In the event of a recidivism within three years of a previous judgment in which the sentence is condemned and passed in force, these penalties are doubled. "
Art. 9. In section 36, paragraph 1erthe same Act, as amended by the Acts of 18 July 1990 and 7 February 2003, the following amendments are made:
1° the words "to date from an earlier judgment condemning and forcibly passed" are inserted after the words "in the three years".
2° the words "after a sentence by application of Article 34, § 2 or Article 35" are replaced by the words "after a sentence by application of Article 34, § 2, Article 35 or Article 37bis, § 1er".
Art. 10. In Article 37bis, § 2, of the same Act, as amended by the Act of 31 July 2009, the following amendments are made:
1° the words "of Article 34, § 2, or Article 35" are inserted after the words "after a sentence by application of a provision of § 1er"
2° words "to date from an earlier judgment condemning and passed into force of tried things" are inserted after the words "in the three years".
Art. 11. In Article 38, § 1er, 4°, of the same law, last amended by the law of April 21, 2007, the words "the year" are replaced by the words "the three years".
Art. 12. In article 58, paragraph 3, of the same law, the words "year" are replaced by the words "three years".
Art. 13. This Act does not apply to offences found on a date prior to its entry into force.
Art. 14. This Act comes into force on the first day of the month following the expiration of a period of ten days following its publication in the Belgian Monitor.
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 on 2 December 2011.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Parliamentary references:
Documents of the House of Representatives:
53-438 - 2010/2011:
N° 1: Proposal for a bill by Mr. Van den Bergh et al.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 20 July 2011.
Documents of the Senate:
5-1190 - 2011-2012:
No. 1: Project not referred to by the Senate.