An Act To Amend The Law Of 7 July 2002 Containing Rules On The Protection Of Witnesses Under Threat And Other Provisions (1)

Original Language Title: Loi modifiant la loi du 7 juillet 2002 contenant des règles relatives à la protection des témoins menacés et d'autres dispositions (1)

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belgiquelex.be - Carrefour Bank of Legislation

14 JULY 2011. - An Act to amend the Act of 7 July 2002 containing rules relating to the protection of threatened witnesses and other provisions (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Code of Criminal Instruction
Art. 2. Article 103 of the Code of Criminal Instruction, restored by the law of 7 July 2002 and amended by the law of 20 June 2006, is supplemented by § 4 as follows:
“§4. The Minister of Justice and the Minister of the Interior shall, on the proposal of the Committee for the Protection of Witnesses, take the specific measures absolutely necessary to guarantee at any time the protection of the identity and security of the police officers referred to in paragraphs 2 and 3, paragraph 2, and of the officials referred to in § 3, paragraph 1erin the preparation and execution of their missions. There can be no offence when facts are committed within this framework. "
Art. 3. In section 104 of the same Code, restored by the Act of 7 July 2002 and amended by the Act of 5 August 2003, the following amendments are made:
(a) § 1er, paragraph 2, is supplemented by the 17°, as follows:
"17° registration to a contact address by derogation from the Act of 19 July 1991 on the registers of the population, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Natural Persons. »;
(b) § 2, paragraph 2, is supplemented by the 3rd written as follows:
"3° grant the person concerned with a temporary protection identity and documents strictly necessary to support this identity.
The temporary protection identity covers the name, first name, date and place of birth of the person concerned.
Its granting is revocable and cannot result in any legal effect.
There can be no offence when absolutely necessary facts are committed within this framework to ensure the protection of the witness. "
Art. 4. Section 106 of the same Code, restored by the Act of 7 July 2002, is replaced by the following:
« § 1er. If the Witness Protection Commission proposes the special protection measure referred to in Article 104, § 2, paragraph 2, 2°, the Minister of Justice may, by derogation from the provisions of the Law of 15 May 1987 on the names and names and articles 55 to 62 of the Civil Code, authorize the change of name, first name, date and place of birth of the person concerned. The identity change procedure is only applied in respect of persons who have Belgian nationality.
According to the new identity, the place of birth of the person concerned must be in Belgium and its date of birth must be modified as much as possible.
The new identity is determined on the proposal of the Witness Protection Service, after consultation with the person concerned or his legal representative, and is communicated to the Minister of Justice through the President of the Witness Protection Commission.
§ 2. Special records for the transcription of the device of the ministerial decree taken in execution of § 1er shall be established with the municipal authorities according to the manner determined by the King. The municipal authorities ensure that access to these special registers is strictly limited in accordance with Article 5bis of the Law of 11 December 1998 on classification and authorizations, certificates and security notices.
Special records referred to in paragraph 1er, are filed with the Witness Protection Service, referred to in Article 103, § 2.
Articles 34 to 54 of the Civil Code apply to special registers subject to this article.
§ 3. Within ten days of the signing of the ministerial order authorizing the change of name, first name, date and place of birth, the original of this order is forwarded to the Witness Protection Service. The latter informs the president of the Witness Protection Commission that requires the transcription of the order's device in the special registers of the municipal authorities referred to in § 2, which he designates.
The new civil status data produce their effects on the date of the transcript. The name change applies from that date to the minor children to whom it has been extended.
At the diligence of the municipal authorities, the civil status acts relating to the former identity of the beneficiaries are based on a reference which the following model:
"By application of section 106 of the Code of Criminal Investigation, ... (name and first names of origin of the beneficiary) has been authorized to modify its civil status data as of ...".
§ 4. The change of name, first name, date and place of birth is exempt from the registration fee.
§ 5. By derogation from section 45 of the Civil Code, an excerpt or a copy of an act of the civil status concerning a person who has been subject to a change of identity under this section may be issued only with the express authorization of the Witness Protection Board. "
CHAPTER 3. - Abrogatory provision
Art. 5. Article 1er, § 3, of the Act of 19 July 1991 relating to the registers of the population, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, inserted by the law of 7 July 2002, is repealed.
CHAPTER 4. - Entry into force
Art. 6. This Act comes into force on the day of 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 14 July 2011.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
The Minister of the Interior,
Ms. A. TURTELBOOM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Session 2010-211.
House of Representatives.
Documents. - Bill, 53-1472 - No. 1. - Report, 53-1472 - No. 2. - Text corrected by the commission, 53-1472 - No. 3. - Text adopted in plenary and transmitted to the Senate, 53-147-No. 4.
Full report. - 15 and 16 June 2011.
Senate.
Documents. - Project not referred to by the Senate, 5-1096 - No. 1.