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28 DECEMBER 2011. - Act respecting various provisions in respect of justice (I) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART II. - Miscellaneous provisions
CHAPTER 1^er. - Amendment of the Judicial Code with regard to judicial pensions
Art. 2. In Part II, Book II, Part IV, Chapter II, of the Judicial Code, an article 391/1 is inserted as follows:
"Art. 391/1. By derogation from article 391, judges who at 1^er January 2012 has not reached the age of 55, cannot claim the pension calculated on the basis of section 391. They nevertheless retain the right to the benefit of the fortieth 1/30^e provided for in Article 391 for services preceded in the judiciary until 31 December 2011. In addition, if they have at least fifteen years in the judiciary, they also retain the benefit of the fortieth 1/30^e for services other than those in the judiciary.
For services preceded from 1^er January 2012, the fortieth 1/30^e is replaced by the fortieth 1/48^e".
Art. 3. In the same chapter II, an article 392/1 is inserted as follows:
"Art. 392/1. By derogation from article 392, for the magistrate who is less than 55 years of age at 1^er January 2012 and which is recognized out of state to continue his duties as a result of infirmities, the fortieths of 1/30^e and 1/35^e provided for in section 392, paragraph 2, shall be replaced by the fortieth 1/48^e for services preceded from 1^er January 2012. ".
Art. 4. This chapter comes into force on 1^er January 2012.
Judges who reached the age of 55 on 1^er January 2012, retain the benefit of the calculation method applicable to them as of December 31, 2011.
CHAPTER 2. - Amendment of the legislation relating to temporary frameworks to appeal courses and general prosecutors
Section 1^re. - Amendment of the Act of 29 November 2001 establishing a temporary framework for advisers to resorb the backlog in appeal courses
Art. 5. In section 2 of the Act of 29 November 2001 establishing a temporary framework for counsellors to resolve the backlog in appeals courses, as amended by the Act of 29 December 2010, the words "of ten years" are replaced by the words "of eleven years".
Art. 6. In article 3, paragraph 1^er of the same law, as amended by the law of 29 December 2010, the words "of ten years" are replaced by the words "of eleven years".
Section 2. - Amendment of the Act of 14 December 2004 amending the Act of 3 April 1953 of judicial organization, the Act of 2 July 1975 defining the framework of the staff of the courts of first instance and section 211 of the Judicial Code
Art. 7. In Article 8, paragraph 1^er, from the law of 14 December 2004 amending the law of 3 April 1953 of judicial organization, the law of 2 July 1975 determining the framework of the staff of the courts of first instance and section 211 of the Judicial Code, amended by the law of 29 December 2010, the word "2011" is replaced by the word "2012".
Art. 8. In article 9, paragraph 1^er, of the same law, amended by the law of 29 December 2010, the word "2011" is replaced by the word "2012".
Section 3. - Amendment of the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of supernumed magistrates with respect to the Court of Appeal of Ghent
Art. 9. In article 3, paragraph 1^er, of the Act of 10 August 2005 amending the Act of 3 April 1953 of a judicial organization and temporarily authorizing the appointment of judges overnumbered, with respect to the Court of Appeal of Ghent, as amended by the Act of 29 December 2010, the word "2011" is replaced by the word "2012".
Art. 10. In section 4 of the Act, amended by the Act of 29 December 2010, the word "2011" is replaced by the word "2012".
Art. 11. In Article 5, paragraph 1^er, of the same law, amended by the law of 29 December 2010, the word "2011" is replaced by the word "2012".
Section 4. - Amendment of the Act of 20 December 2005 on various legal provisions
Art. 12. In section 8 of the Act of 20 December 2005 dealing with various provisions on justice, as amended by the Act of 29 December 2010, the word "2011" is replaced by the word "2012".
Section 5. - Amendment of the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, with respect to the Court of Appeal of Mons
Art. 13. In section 4 of the Act of 12 March 2007 amending the Act of 3 April 1953 of a judicial organization in respect of the Court of Appeal of Mons and the Court of First Instance of Ghent and temporarily authorizing the appointment of Magistrates, in respect of the Court of Appeal of Mons, as amended by the Act of 29 December 2010, the word "2011" is replaced by the word "2012".
Art. 14. In Article 5, paragraph 1^er, of the same law, as amended by the law of 29 December 2010, the word "2011" is replaced by the word "2012".
Section 6. - Entry into force
Art. 15. This chapter comes into force on 1^er January 2012, with the exception of articles 5 and 6 that produce their effects on December 18, 2011.
CHAPTER 3. - Amendment of the Act of April 21, 2007 on the Internship of Persons with Mental Disorder
Art. 16. In section 157 of the Act of 21 April 2007 relating to the interception of persons with mental disorder, as amended by the Act of 24 July 2008, the words ", and no later than the first day of the fifty-fourth month following that in which this Act was published in the Belgian Monitor" are replaced by the words "and no later than 1^er January 2013".
Art. 17. This chapter comes into force on 1^er January 2012.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 28, 2011.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
For the Minister of Pensions, absent:
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives.
Documents.
53 1953/(2011/2012).
001: Bill.
002 and 003: Amendments.
004: Report.
005: Text adopted by the commission.
006 and 007: Opinion of the State Council.
008: Supplementary report.
009: Amendments.
010: Supplementary report.
011: Text adopted by the commission (art. 77 of the Constitution).
012: Text adopted by the commission (art. 78 of the Constitution).
Full report: 22 December 2011.
Senate.
Documents.
5 - 1409 - 2011/2012:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 23, 2011.