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An Act To Amend Sections 1022 Of The Judicial Code And 162Bis Of The Code Of Criminal Procedure And Repealing Article 6 Of The Law Of 2 August 2002 On Combating Late Payment In Commercial Transactions (1)

Original Language Title: Loi modifiant les articles 1022 du Code judiciaire et 162bis du Code d'instruction criminelle et abrogeant l'article 6 de la loi du 2 août 2002 concernant la lutte contre le retard de paiement dans les transactions commerciales (1)

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belgiquelex.be - Carrefour Bank of Legislation

21 FEBRUARY 2010. - An Act to amend sections 1022 of the Judicial Code and 162bis of the Code of Criminal Investigation and to repeal section 6 of the Act of 2 August 2002 concerning the fight against payment delay in commercial transactions (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. - Amendment of the Judicial Code
Art. 2. In section 1022 of the Judicial Code, replaced by the Act of 21 April 2007 and amended by the Act of 22 December 2008, the following amendments are made:
1° to paragraph 4, the words "The judge specifically motivates his decision on this point. are replaced by the words "On this point, the judge specifically motivates his reduction decision. »;
2° Paragraph 5 is replaced by the following:
"When, in the same proceeding link, several parties benefit from the dependant procedural allowance of one or more succumbing parties, this amount is not more than double the maximum procedural allowance to which the beneficiary is entitled to claim the highest compensation. It is distributed among the parties by the judge. »;
3° the article is supplemented by two paragraphs, written as follows:
"When the proceeding closes by a default decision and no succumbing party has ever appeared or when all the succumbing parties have appeared at the introductory hearing but have not contested the application or have applied exclusively for terms and time, the amount of the procedural allowance is that of the minimum allowance.
No compensation is payable by the State:
1° where the public prosecutor intervenes by action in civil proceedings in accordance with Article 138bis, § 1er;
2° where the labour auditor shall bring an action before the labour courts in accordance with Article 138bis, § 2. "
CHAPTER 3. - Amendment of the Code of Criminal Investigation
Art. 3. In section 162bis, paragraph 2, of the Code of Criminal Investigation, inserted by the Act of April 21, 2007, the words "as well as the civilly responsible" are inserted between the word "indicted" and the words "indemnity referred to in section 1022 of the Judicial Code".
CHAPTER 4. - Amendment of the Act of 2 August 2002 on the Control of Delay in Business Transactions
Art. 4. Section 6 of the Act of 2 August 2002 on combating delay in payment in commercial transactions is repealed.
CHAPTER 5. - Transitional provision
Art. 5. Sections 2, 3 and 4 apply to ongoing cases at the time of their entry into force.
CHAPTER 6. - Entry into force
Art. 6. With the exception of this section, the King shall determine the effective date of each of the provisions of this Act.
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 21 February 2010.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
(1) Documents of the House of Representatives:
Doc 52-2313 - 2009/2010:
Number 1: Bill.
nbones 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 28 January 2010.
Documents of the Senate:
4-1617 - 2009/2010:
No. 1: Project not referred to by the Senate.