An Act To Amend Sections 216Bis And 216Ter Of The Code Of Criminal Procedure And Article 7 Of The Law Of 6 June 2010 Introducing The Social Criminal Code (1)

Original Language Title: Loi modifiant les articles 216bis et 216ter du Code d'instruction criminelle et l'article 7 de la loi du 6 juin 2010 introduisant le Code pénal social (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

11 JULY 2011. - An Act to amend sections 216bis and 216ter of the Criminal Code and section 7 of the Act of 6 June 2010 introducing the Social Criminal Code (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 section 216bis of the Code of Criminal Investigation, last amended by the Act of 14 April 2011, the following amendments are made:
1° paragraph 1erParagraph 1er, is replaced by the following:
« § 1er. When the King's Attorney finds that the act does not appear to be of a nature to be punishable by a principal correctional imprisonment of more than two years or a heavier penalty, including confiscation if applicable, and does not involve a serious breach of physical integrity, he may invite the author to pay a specified amount of money to the Federal Public Service Finance. »;
2° paragraph 2, paragraph 10, is replaced by the following:
"On the requisition of the King's Prosecutor and after verifying whether he is satisfied with the formal conditions of application of § 1erParagraph 1er, if the author has accepted and observed the proposed transaction, and if the victim and the tax or social administration have been compensated in accordance with § 4 and § 6, paragraph 2, the competent judge observes the termination of the public action in the author's head. "
Art. 3. Article 216ter, § 5, of the same Code, inserted by the Act of 10 February 1994, is replaced by the following:
“§ 5. The right granted to the Crown Prosecutor by § 1er may not be exercised when the court is already seized of the fact or when the investigating judge is required to instruct.
The law provided for in § 1er also belongs, for the same offences, to the auditor of work, and in respect of persons referred to in sections 479 and 483, to the Attorney General near the Court of Appeal. "
Art. 4. Section 7 of the Act of 6 June 2010 introducing the Social Criminal Code is replaced by the following:
“Art. 7. Article 216bis, § 1er, paragraph 4, of the same Code, last amended by the Act of April 14, 2011, is replaced by the following paragraph:
"The amount referred to in paragraph 1er may not exceed the maximum of the fine prescribed by law, plus additional decimals and must be proportional to the severity of the offence. For offences covered by the Social Criminal Code, the amount provided for in paragraph 1er may not be less than 40% of the minimum amounts of the administrative fine, if any multiplied by the number of workers, workers, independent candidates, interns, independent interns or children concerned. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 11 July 2011.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) 2010-2011 session.
Senate.
Documents. - Proposal by Ms. Defraigne, Mr. Delpéré and Mr. Mahoux, Ms. Taelman and Mr. Van Rompuy, 5-893 - No. 1. - Amendments, 5-893 - No. 2. - Report made on behalf of the commission, 5-893 - No. 3. - Text corrected by commission, 5-893 - No. 4. - Amendments filed after approval of the report, 5-893 - No. 5. - Text adopted in plenary and transmitted to the House of Representatives, 5-893 - No. 6.
Annales. - 31 March 2011.
House of Representatives.
Documents. - Project transmitted by the Senate, 53-1344 - No. 1. - Amendments, 53-1344 - No. 2. - Report made on behalf of the commission, 53-1344 - No. 3. - Opinion of the Council of State, 53-1344 - No. 4. - Opinion of the Council of State, 53-1344 - No. 5. - Amendments, 53-1344 No. 6. - Supplementary report on behalf of the Commission, 53-1344 - No. 7. - Text adopted in plenary and subject to Royal Assent, 53-1344 - No. 8.
Full report. - 30 June 2011.