belgiquelex.be - Carrefour Bank of Legislation 30 DECEMBER 2009. - Justice Act (I) (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1
er. - General provision
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Miscellaneous amendments to criminal proceedings
Section 1
re. - Amendment of the Code of Criminal Investigation to provide the police court with litigation in respect of railway accidents
Art. 2. In Article 138 of the Code of Criminal Investigation, 6°bis, inserted by the law of 21 February 1959, replaced by the law of 7 February 2003 and amended by the law of 20 July 2005, is supplemented by the words ", and Article 422 of the Criminal Code".
Art. 3. Section 2 is applicable:
1° to the cases where the judge or an investigating court has been seized, and the latter court orders the referral after 1
er September 2010;
2° to cases where no investigating judge or court has been seized, and where the defendant is quoted after 1
er September 2010.
Section 2. - Amendment of the Act of 26 March 2003 establishing a Central Body for Seizure and Confiscation and providing provisions on the constant management of seized property and the execution of certain heritage sanctions
Art. 4. In the Dutch text of Article 4, § 2, of the Act of 26 March 2003 establishing a Central Body for Seizure and Confiscation and bringing provisions on the constant value management of seized property and the execution of certain heritage sanctions, replaced by the Act of 27 December 2006 on various provisions (II), the words "kennisgeving vermeld in" are replaced by the words "kengeving in"
Art. 5. Section 15 of the Act, replaced by the Act of 27 December 2006 on various provisions (II), is replaced by the following:
“Art. 15. § 1
er. Without prejudice to the competence of the receiver of the domains and the receiver of the penal fines, the Central Organ may, to assess the feasibility of an effective execution of the confiscation, investigate the solvency of a convicted person.
§ 2. The Central Organ may request the administrative services of the federal State, communities, regions, local administrations and public enterprises, with the exception of the Financial Information Processing Unit, to communicate to it, within the time it sets out, all information it considers useful in this investigation.
§ 3. Where there is insufficient information from the receiver of the estates or the receiver of the penal fines regarding the solvency of a convicted person, or if there are indications that the convicted person tries to avoid the execution of the judicial decision of confiscation, the Central Organ may collect information on the solvency of that person sentenced to the enterprises and persons referred to in Article 2 of the Law of 11 January 1993 on the financing of
§ 4. The Central Organ may also request the King's Prosecutor to charge the police to investigate the solvency of a convicted person.
§ 5. The Central Organ may transmit to the competent administrations of the General Administration of Heritage Documentation information obtained under this section. "
Art. 6. In chapter III, section 4, entitled “Execution”, of the same Act, a section 15bis is inserted, as follows:
"Art. 15bis. § 1
er. Under the conditions laid down in Article 15, § 3, the Central Organ may require companies and persons referred to in Article 2 of the Law of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering and the financing of terrorism, the following information shall be communicated:
1° a list of bank accounts, bank deposit boxes or financial instruments as defined in section 2, 1°, of the Financial Sector Supervision and Financial Services Act of August 2, 2002, of which the convict is the holder, agent or real beneficiary and, where applicable, all data on this matter;
2° banking transactions that have been carried out for a specified period on one or more of these bank accounts or financial instruments, including information on any issuer or receiver account;
3° data concerning holders or agents who, for a specified period of time, have or had access to these bank boxes.
§ 2. The Central Organ specifies in its written and motivated request, in what form and in what time, the data referred to in § 1
er shall be communicated to it.
§ 3. If the information provided to the Central Organ in accordance with §§ 1
er and 2 reveal the existence of assets in the head of the convict, the Central Organ may require in written and motivated manner that the enterprises and persons referred to in § 1
er will no longer be able to withdraw claims and commitments related to these bank accounts, bank deposit boxes or financial instruments for a period not exceeding three working days and taking place on the day the Central Organ sends its request by registered letter or by fax.
The measure ends ex officio on the expiration of the three working days. Every day is working days excluding a Saturday, a Sunday or a legal holiday. The measure ends before the expiry of this period in the event of a voluntary payment of the sum due under confiscation, or when the recipient of the domains or the receiver of the penal fines has taken the necessary precautionary measures.
§ 4. Companies and persons referred to in § 1
er are required to lend their assistance without delay.
If they refuse to lend their assistance to the requisitions and the measures referred to in this article, they shall be punished by a fine of Euro20 to Euro10 thousand.
§ 5. Companies and persons referred to in § 1
er or any third party that keeps or manages property covered by a measure provided for in § 3 and that detracts them with fraudulent intent, shall be punished by the penalties provided for in Article 507 of the Criminal Code. The attempt is punishable by the same penalties.
§ 6. Any person who, from the head of his or her office, is aware of the requisitions or measures referred to in this article or lends his or her assistance, is required to keep the secret. Any breach of secrecy is punishable under section 458 of the Criminal Code.
§ 7. The King sets out, on the proposal of the Minister of Justice, the modalities for the pricing of the investigations referred to in sections 15 and 15 bis. "
Art. 7. In chapter III of the Act, the division into sections, as amended by the Act of 27 December 2006 on various provisions (II), is replaced by the following:
1° After the title of Chapter III, it is inserted the title of Section 1st, including Articles 4 and 5, as follows:
“Section 1
re. Management of data relating to heritage assets »
2° After section 5, the title of section 2, including sections 6 to 11, is inserted as follows:
“Section 2. Constant value management »
3° After section 11, the title of section 3, including articles 12 to 14, is inserted as follows:
“Section 3. Special management »
4° After section 14, the title of section 4, including section 15 and article 15bis, is inserted as follows:
“Section 4. Implementation »
5° After section 15bis, the title of section 5, including section 16, is inserted as follows:
“Section 5. Support Mission »
Art. 8. In Article 17bis, § 1
er, of the same law, inserted by the Programme Law (II) of 27 December 2006, the sentence "They are in particular responsible for the solvency investigations of the convicted person referred to in section 15" is replaced by the following sentence:
"They are responsible for the investigations referred to in Articles 15 and 15bis under the authority of the Director of the Central Organ. "
Art. 9. In the Dutch text of Article 18, § 1
er, from the same law, the word "little" is replaced by the word "Het".
Art. 10. In section 24 of the Act, paragraph 4 is replaced by the following provision:
"Under the agreement of the Minister of Justice after the reasoned advice of the Director of the Central Organ, the benefits to be paid to other consultants may not exceed the remuneration that experts may claim under the order made by the King pursuant to section 6 of the Program Law (II) of 27 December 2006. "
CHAPTER 3. - Amendments to the Act of 26 June 1990 on the protection of the person of the mentally ill
Art. 11. In Article 1
er, § 2, of the Law of 26 June 1990 on the Protection of the Person of the Mentally Impaired, inserted by the Law of 13 June 2006, a paragraph written as follows is inserted between paragraphs 3 and 4:
"The functions of the Public Prosecutor's Office are carried out in accordance with Article 8 of the above-mentioned Act of 8 April 1965, by the King's Prosecutor at the Youth Court or the local youth judge. "
Art. 12. In article 9, paragraph 1
er, of the same law, the words "or if he buys, the procurator of the King referred to in Article 1
er, § 2, paragraph 4, are inserted between the words "where the patient is" and the words ", can decide".
CHAPTER 4. - Miscellaneous amendments to the Judicial Code
Section 1
re. - Amendment of the Judicial Code on the list of certified training
Art. 13. In section 281 of the Judicial Code, replaced by the Act of April 25, 2007, the words "by industry" and the words ", on the proposal of the commissions constituted by the latter" are repealed.
Section 2. - Amendments to the Judicial Code pursuant to the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the register of trade and creation of registered business windows, and bringing various provisions
Art. 14. In section 574, 5°, of the same Code, the words "in the trade register" are replaced by the words "in the Bank-Carrefour des Entreprises, as a merchant".
Art. 15. In section 627, 7°, of the same Code, the words "where the trade register is located when it comes to changes and delisting in the trade register" are replaced by the words "of the applicant's domicile or head office, when it comes to changes and delistings, to the Bank-Carrefour des Entreprises, as a merchant".
Art. 16. In Article 631, § 1
erParagraph 1
er, of the same Code, amended by the laws of 8 August 1997, 4 September 2002 and 16 July 2004, the words "in the register of trade" are replaced by the words "in the Bank-Carrefour des Entreprises, as a merchant".
Section 3. - Amendments to the Judicial Code with a view to giving the police court the litigation concerning railway accidents
Art. 17. In article 601bis of the same Code, inserted by the law of 11 July 1994, the words "or a railway accident" are inserted between the words "carriage" and "even".
Art. 18. Section 17 applies to cases that are registered in the role of the police court after 1
er September 2010.
Section 4. - Amendment of the Judicial Code with regard to the territorial jurisdiction of judicial officers
Art. 19. Section 513, paragraph 4, of the Judicial Code, as amended by the Act of 22 April 1999, is replaced by the following:
"The provisions relating to territorial jurisdiction provided for in Article 633, § 2, apply by analogy to the bailiffs. "
Art. 20. Section 633 of the Code, last amended by the Act of 27 December 2004, is replaced by the following:
“Art. 633. § 1
er. Requests for provisional seizures and enforcement channels shall be made exclusively before the judge of the place of seizure, unless the law otherwise provides.
In the matter of arrest, the competent judge is that of the domicile of the seized debtor. If the domicile of the seized debtor is located abroad or is unknown, the competent judge is that of the place of execution of the seizure.
§ 2. For requests for arrest and enforcement under the Act of 20 January 1999 concerning the protection of the marine environment in the marine areas under the jurisdiction of Belgium, judges of the seizures of the districts of Furnes, Bruges and Antwerp are also competent.
If the application relates to seizure in the territorial sea referred to in section 1
er of the law of 6 October 1987 establishing the width of the territorial sea of Belgium or in the exclusive economic zone referred to in article 2 of the law of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea, the judges of the seizures of the districts of Antwerp, Bruges and Furnes are also competent.
The judge of the seizures of the borough of Antwerp is also competent for applications relating to a vessel seizure in the part of the territory of the port of Antwerp which is located in the borough of Termonde. "
CHAPTER 5. - Amendment of the Act of 15 June 1935 concerning the use of languages in judicial matters with a view to making the operational framework of the Federal Prosecutor's Office complete
Art. 21. Article 43bis, § 4, paragraph 6, of the Act of 15 June 1935 concerning the use of languages in judicial matters, inserted by the law of 21 June 2001, is supplemented by the following sentence:
"As long as a federal magistrate who justifies the knowledge of the German language cannot be designated, he or she shall be entitled to a supernumerable designation of a federal magistrate who justifies by his or her degree in French or Dutch the examinations of a doctor or law graduate in accordance with paragraphs 4 and 5. "
CHAPTER 6. - Amendment of Article 2 of the Law of 3 April 1953 of a judicial organization in order to complement the framework of the Federal Prosecutor's Office, for the exercise of public action for offences committed by Belgian soldiers in peacetime
Art. 22. in section 2, of the Act of 3 April 1953 of a judicial organization, replaced by the Act of 21 June 2001 and amended by the Act of 14 December 2004, the number "22" is replaced by the number "24".
CHAPTER 7. - Amendment of section 94 of the Act of 17 February 1997 amending certain provisions of the Judicial Code with regard to the staff of the office of the court and the public prosecutors
Art. 23. Section 94 of the Act of 17 February 1997 amending certain provisions of the Judicial Code with respect to the staff of the office of the office of the court, as amended by the Act of 12 April 1999, the following amendments are made:
1° the words "Deputy Advisor" are replaced by the word "attached";
2° the article is supplemented by a paragraph written as follows:
"To continue to benefit from the provisions of paragraph 1
er, the winners must, by registered letter to the position, not later than three months after the coming into force of the Act of 30 December 2009 on various provisions concerning Justice (I), have communicated to the Minister who has Justice in his jurisdictions the wish to retain, for an unlimited period, the benefit of their success. For this purpose, the Minister who has Justice publishes a special appeal to 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 to Châteuneuf-de-Grasse, December 30, 2009.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DECLERCK
Notes
(1) Documents of the House of Representatives:
52-2160 - 2008-2009:
Nr. 1: Bill.
52-2160 - 2009-2010:
n
bones 2-4: Amendments. - Nr. 5: Report. - No. 6: Text adopted by the commission. - No. 7: Text adopted in plenary and transmitted to the Senate.
Full report: 15 December 2009.
Documents of the Senate:
4-1550 - 2009/2010:
Nr. 1: Project transmitted by the House of Representatives. - Number two: Report. - Nr. 3: Text corrected by commission - No. 4: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 17, 2009.