belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2009. - Law on the Reform of the Court of Assault

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. - Provisions amending the Criminal Code
Art. 2. In section 25 of the Criminal Code, replaced by the Act of January 23, 2003, paragraph 1^er is replaced by five paragraphs as follows:
"The duration of correctional imprisonment is, except as provided by law, at least eight days and not more than five years.
It is not more than five years of age if it is a punishable crime of imprisonment from five years to ten years that has been corrected.
It is not more than 10 years if it is a punishable crime of imprisonment from ten years to fifteen years that has been corrected.
It is not more than fifteen years old if it is a punishable crime of imprisonment from fifteen years to twenty years that has been corrected.
It is not more than twenty years old if it is a crime punishable by imprisonment from twenty years to thirty years or life imprisonment that has been corrected. »
Art. 3. In section 84 of the same Code, as amended by the Acts of 9 April 1930 and 14 April 2009, paragraph 2 is replaced by the following:
"They may be condemned to the prohibition of all or part of the rights referred to in article 31, paragraph 1^erfor a period of not less than ten years and not more than twenty years for punishable crimes of imprisonment of more than twenty years, and for a period of not less than five years and not more than ten years for other crimes. »
Art. 4. In section 99 of the same Code, paragraph 2 is repealed.
CHAPTER 3. - Provision amending the Act of 17 April 1878
containing the Preliminary Title of the Code of Criminal Procedure
Art. 5. In Article 21 of the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure, last amended by the Act of 5 August 2003, a paragraph read as follows is inserted between paragraphs 2 and 3:
"The time limit will, however, be ten years if this offence is a crime that is punishable by more than twenty years' imprisonment and is corrected under section 2 of the Act of 4 October 1867 on mitigating circumstances. »
CHAPTER 4. - Provisions amending
the Code of Criminal Investigation
Art. 6. Book 1, Chapter VI, Section II, Distinction II, § 1^er, of the Code of Criminal Investigation, is supplemented by article 62quater as follows:
Art. 62quater. § 1^er. If it results from the investigation that the crime charged to the accused appears to be within the jurisdiction of the court of siege, the investigating judge orders, as soon as possible, a moral investigation.
This investigation gathers the relevant information on the individual, collected from people around him, as well as relevant information about the victim's personality. A summary of each interview is written.
The King determines the modalities of the moral investigation.
§ 2. The investigating judge also orders, as soon as possible, psychological or psychiatric expertise of the accused. »
Art. 7. In article 80 of the same Code, amended by the Act of 10 July 1967, the words "one hundred francs" are replaced by the words "one thousand euros".
Art. 8. Section 130 of the Code, last amended by the Act of 12 March 1998, is replaced by the following:
"Art. 130. If the board finds that the offence falls within the jurisdiction of the correctional court, the accused is referred to the court. »
Art. 9. Section 133 of the Code, last amended by the Act of 12 March 1998, is replaced by the following:
"Art. 133. If, on the report of the investigating judge, the board's board considers that the fact falls within the jurisdiction of the court of attendance and that the prevention of the accused is sufficiently established, the evidence, the record of the offence's body, a statement of the evidence used for conviction and the order of taking the body shall be transmitted as soon as possible, by the Crown's prosecutor, to the Attorney General near the court of appeal, Indictment.
The evidence shall be retained in the court of the place where the instruction was held, unless it is applied to section 228. »
Art. 10. In Book II of the same Code, title II is replaced by the following:
« Title II. From the court of siege »
Art. 11. In Book II, Title II, of the same Code, it is inserted a Chapter I^erentitled “Chapter I^er. General provision", including section 216octies.
Art. 12. In Book II, Part II, Chapter I, of the same Code, an article 216octies is inserted as follows:
"Art. 216octies. For the purposes of this title, it is appropriate to hear by "court": the president and the two assessors. The court is assisted by a jury."
Art. 13. In Book II, Title II, of the same Code, a Chapter II, entitled "Chapter II, is inserted after section 216octies. From the jurisdiction of the court of siege.", including section 216novies.
Art. 14. In Book II, Part II, Chapter II of the same Code, an article 216 was inserted as follows:
"Art. 216novies. The court of siege has committed crimes, with the exception of cases in which section 2 of the Act of 4 October 1867 on mitigating circumstances is applied. »
Art. 15. In Book II, Title II, Chapter I^er. "Indictments" becomes Chapter III, with the following title:
“Chapter III. From indictment »
Art. 16. Section 217 of the same Code, the French text of which was amended by the Act of 10 July 1967, is replaced by the following:
"Art. 217. The Attorney General near the Court of Appeal is obliged to put the case in a state as soon as possible after the receipt of the documents transmitted to him pursuant to section 133 or section 135, and to request the settlement of the proceedings before the Trial Chamber. »
Art. 17. Section 218 of the same Code, as amended by the Act of 10 July 1967, is repealed.
Art. 18. Section 219 of the same Code, whose French text was amended by the Act of 10 July 1967, is replaced by the following:
"Art. 219. When the indictment board held the case in deliberation to issue its order, it fixed the day on which it was pronounced. »
Art. 19. In section 221 of the same Code, the French text of which was amended by the Act of 10 July 1967, the words "a crime by law" are replaced by the words "a fact falling within the jurisdiction of the court of siege".
Art. 20. Section 222 of the same Code, whose French text was amended by the Act of 10 July 1967, is repealed.
Art. 21. In section 223 of the same Code, last amended by the Act of 10 July 1967, the words "ten days" are replaced by the words "15 days".
Art. 22. Section 226 of the same Code is replaced by the following:
"Art. 226. The Indictment Chamber shall rule by a single judgment on the related offences at the same time the exhibits will be produced before it. »
Art. 23. The French text of section 227 of the Code, replaced by the Act of 21 June 2001, is replaced by the following:
"Art. 227. The offences are related to:
1° or when they were committed at the same time by several persons gathered;
2° or when they were committed by different people, even at different times and in various places, but as a result of a concert formed in advance between them, or when the culprits committed the ones to obtain the means to commit others, to facilitate, to consume the execution, or to ensure impunity;
3° or where the link between two or more offences is such that it requires, for a good administration of justice and subject to respect for the rights of defence, that these offences be submitted at the same time for trial to the same repressive court. »
Art. 24. Section 228 of the same Code is replaced by the following:
"Art. 228. The Indictment Chamber may order, if applicable, as soon as possible:
1° of new information;
2° the contribution of the evidence that remained filed at the court of first instance. »
Art. 25. Section 229 of the same Code, the French text of which was amended by the Act of 10 July 1967, is replaced by the following:
"Art. 229. If the indictment board is of the opinion that there are no sufficient charges against the accused, it states that there is no need to prosecute. »
Art. 26. The following amendments are made to section 230 of the Code, the French text of which was amended by the Act of 10 July 1967:
1° in paragraph 1^er, the words "the court" are replaced by the words "the board of indictments";
2° in the same paragraph, in the Dutch text, the word "het" is replaced by the word "zij";
Paragraph 2 is repealed.
Art. 27. Section 231 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 231. If it is an act within the jurisdiction of the court of siege, and the board of indictment considers that the charges are sufficient to justify the indictment, it will return the accused to the court of siege, subject to the application of section 2 of the Act of 4 October 1867 on mitigating circumstances.
If the crime has been misqualified in the body order, the indictment board will cancel this order and issue a new one. »
Art. 28. Section 232 of the Code, repealed by the Act of 20 July 1990, is reinstated in the following wording:
"Art. 232. The parties are required to elect domicile in Belgium, if they do not have their domicile or residence, at the latest at the time of the dismissal, by the board of indictments, before the trial court. The election of domicile governs the proceedings before the court of siege, the execution of the order that follows and the appeal against this judgment. In the absence of an election of domicile by the parties, they will not be able to oppose the lack of meaning to the acts that should have been served by them under the law. Any service is validly served at this elected home, as long as the party does not send a notice of amendment to the Attorney General by registered letter to the position with acknowledgement of receipt".
Art. 29. Section 233 of the Code, as amended by the Act of 7 May 1999, is replaced by the following:
“Art. 233. The order for the body to be taken, issued by the board's chamber or by the board of indictments pursuant to section 26, § 5, of the Act of 20 July 1990 on preventive detention, will be inserted in the order of indictment.
This decision contains the order to conduct the accused during the execution of the order in the arrest house established near the court of siege where he is dismissed. »
Art. 30. In section 234 of the same Code, the words "both the requisition of the public prosecutor and" are repealed.
Art. 31. In section 235 of the same Code, whose French text was amended by the Act of 10 July 1967, the words "course of appeal" are replaced by the words "chambers of indictments".
Art. 32. In article 235bis, § 5, of the same Code, inserted by the law of 12 March 1998, the words "or which concern public order" are repealed.
Art. 33. Section 236 of the same Code, as amended by the Act of 12 March 1998, is replaced by the following:
"Art. 236. In the case of section 235, the Indictment Chamber shall designate a judge as an Instructor Counsel. It may designate one of its members. »
Art. 34. In the Dutch text of article 237 of the same Code, whose French text was amended by the law of 10 July 1967, the word "green" is replaced by the word "geft".
Art. 35. Sections 238 and 239 of the Code are repealed.
Art. 36. Section 240 of the same Code is replaced by the following:
"Art. 240. In addition, the other provisions of this Code are observed which are not contrary to articles of heading II. »
Art. 37. Section 241 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 241. After the referral, the accused retains the right to communicate freely with his counsel. »
Art. 38. Section 242 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 242. The accused and the civil party have the capacity to consult the file in the registry. If requested, the accused and the civil party may obtain a free copy of the file. »
Art. 39. In section 246 of the same Code, as amended by the Act of 10 July 1967, the words "the court of appeal" are replaced by the words "the board of indictments".
Art. 40. In section 247 of the same Code, as amended by the Act of 10 July 1967, the words "the court of appeal" and "the court" are replaced each time by the words "the board of indictments".
Art. 41. In section 248 of the same Code, paragraph 2 is replaced as follows:
"The investigating judge may, however, award, if applicable, on the new charges, and before they are sent to the Attorney General, an arrest warrant against the accused who has already been released under the provisions of Article 26, § 1^erthe Act of 20 July 1990 on preventive detention. »
Art. 42. In Book II, Title II, of the same Code, Chapter II. "From the formation of seating courses," becomes Chapter IV, entitled "Chapter IV. An appeal against the removal order, which includes sections 251 to 253.
Art. 43. Section 251 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 251. The Attorney General and the other parties have the right to file a cassation appeal against the decision referring to the court of siege. In all cases, this appeal is formed within fifteen days of the pronouncement of the judgment, by a statement made to the court of appeal in the forms provided for in section 417. »
Art. 44. Section 252 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 252. The statement must state the purpose of the appeal.
Without prejudice to section 416, paragraph 2, this appeal may only be filed against the decision to refer to the court of siege, and in the following cases:
1° if the act is not defined as an offence by law;
2° if the public prosecutor has not been heard;
3° if the decision has not been rendered by the number of judges established by law;
4° if the legal provisions relating to the use of languages in judicial matters have not been complied with;
5° if the rules of the contradictory procedure provided for in Article 223 have not been complied with. »
Art. 45. Section 253 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
“Art. 253. As soon as the Clerk has received the statement, the shipment of the order is forwarded by the Attorney General to the Court of Appeal to the Attorney General near the Court of Cassation, which is required to make a decision on all cases that have been discontinued. »
Art. 46. In Book II, Title II, of the same Code, it is inserted, after section 253, a Chapter V entitled "Chapter V. From pre-hearing proceedings to the merits", including sections 254 to 273.
Art. 47. In Book II, Title II, Chapter V, of the same Code, it is inserted, after the title of Chapter, a Section 1^re entitled “Section 1^re. Functions of the President", comprising sections 254 to 258.
Art. 48. Section 254 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 254. At least fifteen days prior to the preliminary hearing, the president checks whether the accused has chosen counsel to assist him in his defence. If this is not the case, he designates him one immediately, in consultation with the sticker, barely nullity of all that will follow.
If the accused makes a choice of counsel, this designation shall be deemed to be invalid and nullity shall not be pronounced.
The president may question the accused. In this case, the interrogation is the subject of a minutes signed by the president, the clerk and the accused. »
Art. 49. Section 255 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 255. The President, if he or she considers incomplete instruction or if new evidence has been revealed since his or her closing, may order any instruction that he or she considers useful, except for an arrest warrant. Minutes and other documents or documents gathered during this additional instruction shall be filed with the Registry and attached to the record of the proceedings.
The Clerk shall inform the Attorney General and the parties of this filing and shall issue a free copy of the supplementary file to each party. »
Art. 50. Section 256 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 256. Prior to the commencement of the hearing, the President may, either on his or her own motion or at the request of the Public Prosecutor's Office, the accused or the civil party, order the referral to a subsequent hearing of a case that is not in a position to be tried or extend the date on which the proceedings begin. »
Art. 51. Section 257 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 257. When it is formed, on the basis of the same offence, several indictments against various defendants, the Attorney General may request the junction, and the President may order it, even on his own motion. »
Art. 52. Section 258 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 258. Where the indictment contains several non-related offences, the President may, on his or her own motion or on the requisition of the Attorney General, order that the accused be tried only on one or more of these offences. »
Art. 53. In Chapter V, Part II, Book II of the same Code, a Section 2, entitled "Section 2. Duties of the Attorney General", comprising articles 259 to 273.
Art. 54. Section 259 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 259. The Attorney General shall continue, either in person or by the judge delegated by him, any person charged in accordance with the forms prescribed in chapter III. The indictment, this title. He will not be able to bring to the court any other charge, barely invalid, and, if necessary, to take part. »
Art. 55. Section 260 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 260. As soon as the Attorney General or the judge delegated by him receives the documents, he ensures that the preparatory acts are made and that everything is in a state for the proceedings. »
Art. 56. Section 261 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
“Art. 261. In all cases where the accused is referred to the court of siege, the Attorney General is required to draft an indictment.
The indictment states:
1 the nature of the offence that forms the basis of the charge;
2° the act and all circumstances that may aggravate or decrease the penalty; the accused will be named and clearly designated.
The indictment ends with:
"Accordingly, N... is accused of committing such murder, such robbery, or other crime, with such and such circumstances. »
Art. 57. Section 262 of the same Code is repealed.
Art. 58. Section 264 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 264. He makes, on behalf of the law, all requisitions that he considers useful; the court is obliged to give it an act and to decide on them. »
Art. 59. Section 265 of the same Code, the French text of which was amended by the Act of 10 July 1967, is replaced by the following:
"Art. 265. The Attorney General signs his requisitions. Those made during the proceedings are recorded by the Registrar in his minutes and are also signed by the Attorney General. All decisions to which these requisitions have been made are signed by the judge who presided and by the clerk. »
Art. 60. In the same Code, after Article 265, the title "§ 1^er. Functions of the Chair" is repealed.
Art. 61. Section 266 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 266. Where the court does not refer to the requisition of the Attorney General, neither the investigation nor the judgment shall be arrested or suspended, except after the order, if any, the appeal for cassation by the Attorney General. »
Art. 62. Are repealed:
1° Article 267 of the same Code, as amended by the Act of 18 August 1907;
2° Article 268 of the same Code;
3° Article 269 of the same Code, as amended by the Act of 30 June 2000;
4° Article 270 of the same Code.
Art. 63. In the same Code, after section 270, the title "§ II. Attorney General's duties near the Court of Appeal" is repealed.
Art. 64. Sections 271 and 272 of the Code are repealed.
Art. 65. Section 273 of the same Code is replaced by the following:
“Art. 273. In all cases where the King's prosecutors and presidents are allowed to perform the functions of a judicial police officer or investigating judge, they may delegate to the King's prosecutor, the investigating judge and the justice of the peace, even a judicial district near the place of the offence, the duties assigned to them, other than the power to issue the warrants of bringing and arresting the accused. »
Art. 66. In Book II, Title II, of the same Code, it is inserted after Article 273, a Chapter VI, entitled "Chapter VI. From the proceedings before the court of siege", including articles 274 to 354.
Art. 67. In the same Chapter VI, a Section 1 entitled "Section 1. From the preliminary hearing," including sections 274 to 279.
Art. 68. Section 274 of the same Code, the French text of which was amended by the Act of 10 July 1967, is replaced by the following:
"Art. 274. Prior to the hearing on the merits, the Chair held a preliminary hearing to compile the list of witnesses referred to in section 278.
The president decides as soon as possible."
Art. 69. Section 275 of the same Code, the French text of which was amended by the Act of 10 July 1967, is replaced by the following:
"Art. 275. The Attorney General shall convey to the accused and other parties, by a single feat, the indictment and the summons to appear at the preliminary hearing. He encloses a copy of the removal order. If the accused is detained, that meaning must be made to no one. »
Art. 70. Section 276 of the same Code is replaced by the following:
"Art. 276. The time limit is at least twenty days, unless the parties expressly waive it.
If this period is not met and one of the parties invokes this non-compliance at the latest at the opening of the preliminary hearing and before any exception or defence, the president of the court of attendance shall, by order, set a new date and time for the preliminary hearing. »
Art. 71. Section 277 of the same Code is replaced by the following:
"Art. 277. The accused and the civil party appear in person or are represented by their lawyer.
If the accused appears in person, he appears free and only accompanied by guards to prevent him from evading. The president asks him his name, his first names, his age, his profession, his home and the place of his birth.
The provisions of Article 190, paragraph 1^erand articles 282, subparagraphs 1^er to 3, and 283 are applied. »
Art. 72. Section 278 of the same Code is replaced by the following:
Art. 278. § 1^er. No later than five days before the preliminary hearing, the Attorney General and the parties shall file with the Registry the list of witnesses they wish to hear, with their contact information. If the contact details of some witnesses are missing or incomplete, the Attorney General is conducting the necessary research. A motivation for choosing these witnesses can be attached to the list.
In the list, the distinction is made between, on the one hand, persons called to testify on facts and guilt, and on the other, witnesses of morality.
§ 2. The President, after hearing the Attorney General and the parties in their comments, lists the witnesses and sets out the order in which they will be heard. Witnesses of morality of the accused will always be heard last.
However, if a witness of morality must also be heard in relation to the facts or guilt, the President may decide that his testimony concerning morality will be received at the same time as his testimony concerning the facts or guilt.
The Chair shall endeavour to limit the duration of the hearing as much as possible.
The President may reject the requests of the parties when the witnesses presented are manifestly alien to the facts and questions of the accused's guilt and morality.
With regard to persons called to testify on the facts, one or more police officers responsible for the drafting of the chronological synthesis of the facts, the first findings and the conduct of the investigation are in any case referred to the list of witnesses.
With regard to witnesses of morality, one or more police officers responsible for the drafting of the morality investigation are in any case referred to the list of witnesses.
§ 3. The list of witnesses heard at the hearing is included in the preliminary hearing order. This list contains the names, occupation and residence of witnesses, as well as the number of witnesses whose identity data are not mentioned at the hearing in accordance with section 296, without prejudice to the ability granted to the President by section 281.
Where applicable, the terms and conditions for the hearing of certain witnesses may also already be established, in accordance with sections 294, 298 and 299.
§ 4. This decision is not subject to appeal. »
Art. 73. Section 279 of the Code, as amended by the Act of 12 March 1998, is replaced by the following:
"Art. 279. On the basis of concrete elements that appeared later in the control of the board of indictments under section 235ter, the President may, either on his or her own motion or on the requisition of the public prosecutor's office or at the request of the accused, the civil party or their lawyers, charge the board of indictments to control the application of the specific methods of observation or infiltration, pursuant to article 235.
This requisition or request must, under penalty of deprivation of liberty, be raised before any other means of law, unless this means specific and new elements that appeared at the hearing.
The President shall forward the case to the Public Prosecutor's Office, in order to bring the case to the indictment chamber.
In addition to the case referred to in paragraph 1^er, the President may, in the event of any incidents involving the legality of the control of the specific methods of observation and infiltration, forward the case to the Public Prosecutor's Office in order to bring it to the Competent Indictment Chamber for the control provided for in section 235ter. »
Art. 74. In Book II, Part II, Chapter VI of the same Code, it is inserted after section 279, a Section 2 entitled "Section 2. From the hearing to the merits", including sections 280 to 346.
Art. 75. In Book II, Part II, Chapter VI, Section 2, of the same Code, it is inserted a Subsection 1^re entitled: “Subsection 1^re. General provision", including section 280.
Art. 76. Section 280 of the Code, as amended by the Act of 12 March 1998, is replaced by the following:
"Art. 280. The hearing is conducted orally.
The accused appears free and only accompanied by guards to prevent him from escaping. The president asks him his name, his first names, his age, his profession, his home and the place of his birth.
The provision of section 190, paragraph 1^er, also applies to the seating court.
The proceedings, once begun, must be continued without interruption, and without any kind of communication outside, until after the decision on the issue of guilt. The President may suspend them only during the intervals necessary for the rest of the court, jurors, witnesses, accused persons and civil parties. »
Art. 77. In Section 2 of Book II, Part II, Chapter VI, of the same Code, it is inserted, after section 280, a Sub-section 2 entitled "Sub-section 2. Duties of the President", including articles 281 to 283.
Art. 78. Section 281 of the same Code is replaced by the following:
"Art. 281. § 1^er. The president is personally responsible for guiding jurors in the performance of their duties, informing them of the instances to which they may seek psychological support at the end of their mission, reminding them of their duties, in particular their duty of discretion, and urging them to stand away from the media. He is also personally responsible for presiding over all the instruction and determining the order in which the word is given to those who request it.
He's got the hearing police.
Nevertheless, it cannot admit to reserved places persons whose presence would not be justified, either by the instruction of the cause or the service of the hearing, or by reason of their duties or professions.
§ 2. The President shall, even on his own motion, take all necessary measures to collect all evidence on his behalf and on his behalf. It conducts the proceedings in an objective and impartial manner. The president is vested with discretion, by virtue of which he can take on him everything he believes is useful to discover the truth; the law shall employ him in honor and conscience all his efforts to promote his manifestation.
The President may in the course of the debate, call, even by warrant, to bring, and hear all persons, or be brought in any new documents that would appear to him, according to the new developments given at the hearing, either by the accused or by the witnesses, to be able to provide useful insight on the disputed fact.
Such witnesses shall be heard in the forms provided for in articles 295 to 299.
The president must reject everything that would tend to prolong the debates without giving rise to more certainty in the results. »
Art. 79. Section 282 of the same Code is replaced by the following:
"Art. 282. In the event that the accused, the civil party, the witnesses or one of them would not speak the same language or the same idiom, the president appointed ex officio, barely nullity, an interpreter who was at least twenty-one years old, and made an oath to him, under the same penalty, to faithfully translate the speeches to be transmitted between those who speak different languages.
The accused, the civil party and the Attorney General may challenge the interpreter by motivating their recusal.
The president's ruling.
The interpreter may not, at a time of nullity, even the consent of the accused, the civil party and the Attorney General, be taken among witnesses and jurors. »
Art. 80. Article 282bis of the same Code, inserted by Royal Decree No. 275 of 30 March 1936 and amended by the Royal Decree of 5 August 1991, is repealed.
Art. 81. Section 283 of the same Code, as amended by the Act of 10 July 1967, is replaced as follows:
“Art. 283. If the accused is deaf-muth and does not know how to write, the president appoints the person who will have the most habit of conversing with him as an executor.
The same applies to the deaf-mute witness or a deaf-mune civil party.
The surplus of the provisions of section 282 is applicable.
In the event that the deaf-mute can write, the clerk writes the questions and observations made to him; they shall be delivered to the accused, the civil party or the witness, who shall give written replies or statements. It is read at all by the clerk. »
Art. 82. In Section 2, Chapter VI, Part II, Book II, of the same Code, it is inserted after section 283, a Sub-section 3: "Sub-section 3. Duties of the Attorney General", comprising articles 284 and 284bis.
Art. 83. Section 284 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 284. The Attorney General participates in the proceedings; it requires the application of the criminal law; He is present at the pronouncement of the judgment. »
Art. 84. In the same Code, an article 284bis is inserted as follows:
"Art. 284bis. The provisions relating to the functions of the Attorney General, contained in articles 264, 265 and 266, are applicable. »
Art. 85. In Section 2 of Chapter VI, of the same Code, after section 284bis, a Sub-section 4 entitled "Subsection 4. The summons and appearance of the parties, including articles 285 and 286.
Art. 86. Section 285 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 285. § 1^er. The Attorney General shall serve the accused and the civil party by one feat:
1 the preliminary hearing order;
2° the summons to appear at the hearing devoted to the composition of the jury, and
3° the summons to appear at the hearing on the merits.
§ 2. This service must be made to anyone if the accused is detained. The time limit is fifteen days, unless the parties expressly waive it. If this period is not met and one of the parties invokes this non-compliance at the latest at the opening of the session and before any exception or defence, the President shall, by order, set a new date and time for the opening of the hearing. »
Art. 87. Section 286 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 286. When on the date fixed for the opening of the proceedings, the accused who is not in a state of detention does not appear in person or is not represented by a lawyer, the president of the court of siege makes an order on the field that the accused will be tried by default.
It will then be done as described in chapter VII, section 2. »
Art. 88. In Section 2 of Book II, Part II, Chapter VI of the same Code, it is inserted after section 287, a Sub-section 5 entitled "Sub-section 5. From the composition of the jury, including articles 287 to 290.
Art. 89. Section 287 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 287. At least two working days before the hearing on the merits, jurors are called to the court of attendance in the presence of the Attorney General and the accused or his counsel and the civil party or his counsel.
Notwithstanding the presumption of Article 234 of the Judiciary Code, the President shall exempt persons who, since their registration on the communal list, no longer meet the requirements of Article 217 of the said Code or have acquired one of the qualities provided for in Article 224 of the same Code.
He ruled on requests for the dispensation of jurors summoned.
He dispenses those who, obviously, are not in a position to perform the task of juror.
The names of the jurors present and not exempted are deposited in an urn. »
Art. 90. Section 288 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 288. If there are not enough jurors present, the president of the court of siege shall charge the president of the court of first instance to draw the lot of jurors he determines, in accordance with articles 238 and 239 of the Judicial Code. They are immediately summoned, by any means, to appear on the day fixed by the President. The jurors thus summoned, present and not exempted serve, in the order of the drawing, to obtain the required number. »
Art. 91. Section 289 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 289. § 1^er. The president pulls one in the urn the names of the jurors.
§ 2. The accused in the first place, the Attorney General then may challenge an equal number of jurors, which will be six if there are no alternate jurors, seven if there are one or two, eight if there are three or four, nine if there are five or six, ten if there are seven or eight, twelve if there are nine or ten. The accused or the Attorney General cannot state their grounds for recusal.
If there are several accused, they may exercise their recussions separately or consult to exercise them, without being able to exceed the number of recussions to which one accused would be entitled.
If the accused do not agree, the president of the court of siege shall rule by lot the order in which they may, for each juror, exercise their recussions. In this case, the jurors challenged by a single accused will be for all, until the number of recussions is exhausted.
The accused may consult to exercise part of the recussions, except to exercise the surplus according to the rank fixed by the spell.
The president may challenge jurors to meet the requirement of § 3.
§ 3. The jury is validly constituted as soon as twelve jurors were appointed. During the composition of the jury, not more than two thirds of the members of the jury are of the same sex. Then, the president of the court of siege draws the number of alternate jurors determined pursuant to section 124 of the Judicial Code.
§ 4. An information session, the terms of which are determined by the King, is intended for jurors and alternate jurors.
§ 5. If the case is referred to an indeterminate date, the jury list of the case is cancelled and a new jury will be formed. »
Art. 92. Section 290 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 290. The President then addressed the jury with the following speech:
"You swear and promise to examine with the most scrupulous attention the charges that will be brought against N., not to betray the interests of the accused, nor those of the society accusing him; not communicate with anyone until after your return; not to listen to hatred or misfortune or fear or affection; to decide according to the evidence and means of defence, with the impartiality and firmness that suits a prob and free person."
or:
"Gij zweert en belooft dat gij de aan N. ten laste gelegde feiten met de grootste aandacht zult onderzoeken; dat gij geen afbreuk zult doen aan de belangen van de beschuldigde of aan de belangen van de maatschappij, die hem beschuldigt; dat gij met niemand in verbinding zult komen voordat uw verklaring is afgelegd; dat gij geen gehoor zult geven aan haat of kwaadwilligheid, aan vrees of genegenheid; dat gij zult beslissen op grond van de bewijzen en de middelen van verdediging, met onpartijdigheid en vastberadenheid zoals het een vrij en rechtschapen mens betaamt »
or:
« Sie schwören und versprechen, die gegen N. erhobenen Beschuldigungen mit grösster Aufmerksamkeit zu prüfen, weder das Interesse des Angeklagten noch das der menschlichen Gesellschaft, die Anklage gegen ihn erhebt, zu verletzen; mit niemandem bis zur Abgabe Ihrer Erklärung in Verbindung zu treten; sich weder von Hass noch Bosheit, Furcht oder Zuneiging leiten zu lassen; Ihre Entscheidung aufgrund der vorgebrachten Belastungs- und Entlastungsmittel zu fällen, und zwar nach Ihrem Gewissen und Ihrer festen Ueberzeugung, mit der Unparteilichkeit und Standhaftigkeit eines freien und anständigen Men
Each of the jurors, called individually by the president, responded by lifting his hand: "I swear" barely null. »
Art. 93. In the same Code, after section 290, the existing title "Chapter III. Proceedings before the court of siege" is repealed.
Art. 94. In Section 2 of Book II, Part II, Chapter VI of the same Code, a Sub-section 6, entitled "Sub-section 6, shall be inserted after section 291. From examination to hearing," including sections 291 to 321.
Art. 95. Section 291 of the same Code, replaced by the Act of 30 June 2000, is replaced by the following:
"Art. 291. Before the reading referred to in section 292, the parties shall specify by conclusions the means referred to in section 235bis that they may submit to the judge of the merits. The court immediately decides on these. The application for a cassation of this judgment shall be filed together with the application for a final order referred to in section 359. »
Art. 96. Section 292 of the same Code, replaced by the Act of 30 June 2000, is replaced by the following:
"Art. 292. Immediately thereafter, the chair may order the clerk to read in whole or in part the order of reference.
The Clerk shall give each juror a copy of the indictment and, if any, of the defence.
The Attorney General reads the indictment and the accused or his counsel the defence.
The Attorney General will explain the subject of the prosecution.
If he wishes, the accused or his counsel briefly outlines his defence. »
Art. 97. Sections 292bis and 292ter of the same Code, inserted by the Act of 30 June 2000, are repealed.
Art. 98. Section 293 of the Code, replaced by the Act of 20 September 2002, is replaced as follows:
“Art. 293. The president orders witnesses to withdraw from the room for them. They only go out to drop it. The president takes precautions, if necessary, to prevent witnesses from conferring the offence and the accused before their testimony. »
Art. 99. Section 294 of the same Code, replaced by the Act of 30 June 2000, is replaced as follows:
"Art. 294. The witness whose identity was kept secret under sections 86bis and 86ter cannot be called as a witness at the hearing unless he consents to it. The president read his testimony at the hearing and mentions that the identity of the witness was kept secret pursuant to articles 86bis and 86ter. If the witness consents to testify at the hearing, he retains his complete anonymity. In this case, the president takes the necessary steps to ensure the anonymity of the witness.
The President may order the investigating judge, either on his or her own motion or on the requisition of the public prosecutor's office or at the request of the accused, the civil party or their counsel, to rehear this witness or to hear a new witness pursuant to articles 86bis and 86ter for the purposes of the truth demonstration. The president may decide that he will be present at the hearing of the witness by the investigating judge. »
Art. 100. Section 295 of the same Code, replaced by the Act of 30 June 2000, is replaced by the following:
"Art. 295. Witnesses file, in the order established by the president. Before they lay down, they take the oath to speak without hatred and fear, to speak all the truth and nothing but the truth.
The president asks them their names, names, age, profession, domicile or residence, if they knew the accused before the fact mentioned in the indictment, if they were parents or allies, either of the accused or of the civil party, and to what degree; he still asks them whether they are not attached to the service of one or the other; That's right. Witnesses are testifying orally.
However, the President may authorize or invite the persons heard as an expert or witness to have, during their testimony, notes that have been filed before or at the hearing and that are attached to the record.
Witnesses who have obtained a change of identity in accordance with Article 104, § 2, always file under their former identity. »
Art. 101. Section 296 of the same Code, restored by the Act of 30 June 2000, is replaced by the following:
"Art. 296. The President who wishes to proceed with the hearing of a witness who has not been heard by the examining magistrate may decide, either on his or her own motion or on the request of the witness, or on the requisition of the public prosecutor or on the request of the accused, the civil party or their counsel, that no mention shall be made at the hearing and at the record of the hearing of certain identity data provided for in the reasonable article. The Chair mentioned at the hearing the reasons that prompted him to make that decision. These are repeated in the minutes.
The witness to whom the partial anonymity was granted in accordance with section 75bis retains his partial anonymity. Part anonymity granted in accordance with section 75bis or pursuant to paragraph 1^er, does not prevent the witness's hearing at the hearing.
The Attorney General shall keep a record of all witnesses whose identity data, in accordance with this section, were not mentioned at the hearing.
The Attorney General and the President shall take, each with respect to it, the reasonable measures necessary to avoid the disclosure of identity data referred to in paragraph 1^er. »
Art. 102. Section 297 of the same Code, restored by the Act of 30 June 2000, is replaced by the following:
"Art. 297. By derogation from section 295, it is not necessary to mention the domicile or residence of persons who, in the exercise of their professional activities, are responsible for the recognition and instruction of an offence or who, in the course of the application of the law, are aware of the circumstances under which the offence was committed, and who are in that capacity heard as witnesses. Instead, they may indicate their service address or address to which they usually practise their profession. The summons to testify at the hearing can be regularly served at this address. »
Art. 103. Section 298 of the same Code, restored by the Act of 30 June 2000, is replaced by the following:
"Art. 298. § 1^er. On a reasoned requisition of the Attorney General, the court may decide to hear through a videoconference:
1° a threatened witness, to whom the Witness Protection Commission has granted protection,
2° a witness or expert residing abroad where reciprocity in this matter is guaranteed, with the consent of the witness, if it is not desirable or possible that the person to be heard appear in person at the hearing.
§ 2. On a reasoned requisition of the Attorney General, the court may decide to hear through a closed television circuit a threatened witness, to whom the Witness Protection Commission has granted a protective measure, with its agreement, if it is not desirable or possible that the person to appear in person at the hearing.
§ 3. Nearly the person to be heard is a judicial police officer or, where the person to be heard is abroad, a foreign judicial authority. This person verifies the identity of the person to hear and prepares a report that is signed by the person to hear.
§ 4. The person heard through a videoconference or a closed television circuit is expected to have appeared and responded to the summons.
§ 5. On a reasoned requisition from the Attorney General, the court may decide to authorize the alteration of the image and voice. In this case, statements made through videoconferencing or the closed television system may only be considered as evidence if they are corroborated to a determinant extent by other means of evidence. »
Art. 104. Section 299 of the same Code, restored by the Act of 30 June 2000, is replaced by the following:
"Art. 299. § 1^er. On a reasoned requisition from the Attorney General, the court may decide to hear through a telephone conference:
1° a threatened witness, to whom the Witness Protection Commission has granted protection,
2° a witness or expert residing abroad where reciprocity in this matter is guaranteed, with the consent of the witness, if it is not desirable or possible that the person to be heard appear in person or be heard through a videoconference or a closed television circuit.
§ 2. Nearly the person to be heard is a judicial police officer or, where the person to be heard is abroad, a foreign judicial authority. This person verifies the identity of the person to hear and prepares a report that is signed by the person to hear.
§ 3. The person heard through a telephone conference is supposed to have appeared and responded to the summons.
§ 4. Statements made through a telephone conference can only be considered as evidence if they are corroborated to a determinant extent by other means of evidence.
§ 5. On a reasoned requisition from the Attorney General, the court may decide to authorize the alteration of the voice. »
Art. 105. Section 300 of the Code, repealed by the Act of 12 March 1998, is reinstated in the following wording:
"Art. 300. The Chair noted by the Clerk the additions, changes or variations that might exist between the testimony of a witness and his previous statements.
The Attorney General, the civil party and the accused may require the President to keep the notes of these changes, additions and variations. »
Art. 106. Section 301 of the same Code, repealed by the Act of 12 March 1998, is reinstated in the following wording:
"Art. 301. The president may ask the witnesses and the accused all the clarifications he deems necessary for the manifestation of the truth.
The assessors and jurors have the same faculty, asking the president to speak. The accused and his counsel may ask questions to the witness through the president. The Attorney General, the civil party and his counsel may ask questions either to the witness or to the accused, through the President.
However, the President may prohibit certain questions from being asked. »
Art. 107. Section 302 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 302. After each statement, the president asks the witness if he persists in his statements. If this is the case, he asks the Attorney General, the accused and the civil party if they have any observations to be made on what has been declared.
The President may order the witness, after his or her testimony, to remain at the disposal of the court of siege until the court has withdrawn from the chamber of proceedings. »
Art. 108. Section 303 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
“Art. 303. § 1^er. No statements may be received:
1° of the father, the mother, the ulch, the aïula or any other ascendant of the accused or one of the co-accused present and subject to the same debate;
2° of the son, daughter, grandson, granddaughter, or any other descendant;
3° of brothers and sisters;
4° of allies to the same degree;
5° of spouses, even after separation or divorce and legal cohabitants, even after they have terminated legal cohabitation;
6° of children under 15 years of age.
§ 2. Hearing of persons referred to in § 1^er may not be a cause of nullity when neither the Attorney General nor the civil party nor the accused objected to the hearing.
In the event of opposition from the Attorney General or from one or more of the parties, the President may hear these persons without oath. Their statements are considered simple information.
§ 3. Children under the age of fifteen and legal prohibitions may never be heard under oath. »
Art. 109. Section 304 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 304. Witnesses produced by the Attorney General, the accused or the civil party are heard in the debate, even when they have not previously filed in writing, and even when they have not received any summons, provided, in all cases, that these witnesses are taken up in the order referred to in section 278. »
Art. 110. Section 305 of the same Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 305. The civil party, if requested, is heard as a party and not as a witness. »
Art. 111. Section 306 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 306. The Attorney General, the accused and the civil party may request, during the proceedings, that witnesses not taken up in the order referred to in section 278 be cited. The President authorizes the hearing of these witnesses when it appears necessary in the light of the evidence revealed in the proceedings. »
Art. 112. Section 307 of the same Code is replaced by the following:
"Art. 307. Witnesses mentioned in the order referred to in section 278 are quoted to appear at the request of the Attorney General. The summonses made at the request of the accused and the civil party pursuant to section 306 are at their expense, as well as the salaries of the witnesses cited, if they require it; except to the Attorney General and the President to have the witnesses indicated to them by the accused or the civil party, in cases where they consider that their statement may be useful for the manifestation of the truth. »
Art. 113. Section 308 of the same Code is replaced by the following:
"Art. 308. Witnesses, by any part they are produced, can never question each other. »
Art. 114. Section 309 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 309. The accused and the civil party may request, after the witnesses have filed, that the witnesses to whom they designate withdraw from the courtroom, and that one or more of them be introduced and heard again, either separately or in the presence of each other.
The Attorney General has the same faculty.
The president can also order it on his own. »
Art. 115. In the same Code, after section 309, the existing titles "Chapter IV. Review, arrest and enforcement and Section I^re. From examination" are repealed.
Art. 116. Section 310 of the same Code, as amended by the Act of 4 July 1989, is replaced by the following:
"Art. 310. The President may, before, during or after the hearing of a witness, remove one or more accused and question them separately on a few circumstances of the trial. He resumed the continuation of general debates only after having instructed each accused of what had been done in his absence, and of what had happened. »
Art. 117. Section 311 of the same Code, repealed by the Act of 21 December 1962, is reinstated in the following wording:
"Art. 311. With respect to minor witnesses, the President shall, where appropriate, apply sections 92 to 101 with respect to the recorded hearing.
When it considers the appearance of the minor necessary for the manifestation of the truth, it is organized by videoconference, unless the minor expresses the will to testify at the hearing.
In the event of videoconferencing, the minor is heard in a separate room, in the presence, if any, of the person referred to in section 91bis, his lawyer, one or more members of the technical service and a psychiatrist or psychologist expert.
If the President considers it necessary for the serenity of the testimony, he may, in any case, limit or exclude the visual contact between the minor and the accused.
This section applies to minors whose hearing has been registered under section 92 and who have reached the age of majority at the time of the hearing. »
Art. 118. Section 312 of the same Code, as amended by the Act of 27 May 1974, is replaced by the following:
"Art. 312. During the examination, jurors, the Attorney General and the court may take note of what they consider important, either in the testimony of witnesses or in the defence of the accused, provided that the discussion is not interrupted. »
Art. 119. Section 312bis of the same Code, inserted by the Act of 30 June 2000, is repealed.
Art. 120. Section 313 of the same Code, as amended by the Act of 30 June 2000, is replaced by the following:
“Art. 313. In the course or subsequent to the statements, the President shall cause the accused to represent all the evidence relating to the offence and may serve as evidence; he asks him to respond personally if he recognizes them; the president also makes them represent the witnesses, if any. »
Art. 121. Section 314 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 314. If, according to the proceedings, the testimony of a witness appears to be false, the President may, upon the requisition of either the Attorney General or the civil party, or the accused, and even on his own motion, immediately put the witness under arrest, and either perform the duties of the examining magistrate or send him back to the competent investigating judge.
If the President performs the duties of an investigating judge, the Attorney General shall serve as a judicial police officer and the board of indictment shall determine both the confirmation of the arrest warrant and the indictment. »
Art. 122. Section 315 of the same Code, as amended by the Act of 8 April 2002, is replaced by the following:
"Art. 315. In the case referred to in section 314, the Attorney General, the civil party or the accused may immediately request, and the court may order, even on an ex officio basis, the referral of the case to an indeterminate date. »
Art. 123. Section 315bis of the same Code, inserted by the Act of 8 April 2002, is repealed.
Art. 124. Section 316 of the same Code is replaced by the following:
"Art. 316. When a witness who has been summoned does not appear or when a witness has died, the president may read the statements of that witness made during the course of the investigation, even those made under oath. The President may, except as opposed to the parties, decide that a witness who has been cited, and who appears, is not heard in his or her statement.
He may, under the same condition, decide that there is no reason to hear in his or her statement the person called to testify by application of article 281, § 2, paragraph 2. »
Art. 125. Section 317 of the Code, as amended by the Acts of 30 June 2000 and 7 July 2002, is replaced by the following:
"Art. 317. If, due to the failure of the witness, the case is referred to an indefinite date, all costs of summons, acts, travel of witnesses, and others for the purpose of judging the case shall be borne by that witness; and he shall be compelled, on the requisition of the Attorney General, by the order that returns the proceedings to an indefinite date.
Nevertheless, in all cases, the witness who does not appear or refuses either to take an oath or to make his or her statement is sentenced to the penalty provided for in section 80. »
Art. 126. Sections 317 bis to 317quinquies of the same Code, inserted by the Act of 8 April 2002, are repealed.
Art. 127. Section 318 of the same Code, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 318. The convicted witness may object to these convictions within fifteen days of the service made to him or her at his home; the opposition is received if it proves that it has been legitimately prevented, or that the fine against it pronounced must be moderated. »
Art. 128. Section 319 of the same Code, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 319. The President determines that of the accused who must be submitted the first to the proceedings, beginning with the principal accused, if any.
A special debate on each of the other accused is then held. »
Art. 129. Section 320 of the Code, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 320. Following the testimony of the witnesses and the respective statements to which they are given, the civil party or its counsel and the Attorney General are heard and develop the means that support the prosecution.
The accused and his counsel can answer them.
The reply is allowed to the civil party and the Attorney General; but the accused or his counsel always have the last word.
The Chair then said that the discussions were over. »
Art. 130. Section 321 of the same Code, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 321. On the basis of new and concrete elements that appeared during the hearing, the President may, either on his or her own motion or at the request of the accused, the civil party or their lawyers, charge the board of indictments to control the application of the specific methods of observation or infiltration pursuant to section 235ter.
This requisition or request must, under penalty of deprivation, be raised before any other means of law.
The President shall forward the case to the Public Prosecutor's Office, in order to bring the case to the indictment chamber.
The President may, in the event of any incidents involving the legality of the control of the specific methods of observation and infiltration, forward the case to the Public Prosecutor's Office in order to bring the case to the Competent Indictment Chamber for the control provided for in section 235ter. »
Art. 131. In Section 2 of Book II, Part II, Chapter VI of the same Code, a Sub-section 7 entitled "Sub-section 7. Guilty.", comprising sections 322 to 340.
Art. 132. Section 322 of the Code, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 322. The president reminds jurors of the functions they will have to perform before they withdraw to deliberate.
He asks the questions and says below. »
Art. 133. Section 323 of the Code, repealed by the Act of 30 June 2000, is reinstated in the following wording:
"Art. 323. The question resulting from the indictment is asked in these terms:
"Is the accused guilty of committing such murder, such robbery, or any other crime?" »
Art. 134. Section 324 of the same Code is replaced by the following:
"Art. 324. If one or more aggravating circumstances arise, not mentioned in the indictment, the President adds the following question:
"Did the accused commit the crime with a particular circumstance?" »
Art. 135. Section 325 of the same Code is replaced by the following:
"Art. 325. When the accused offered for apology a fact admitted as such by law, the question is as follows:
"Is that consistent?" »
Art. 136. Section 326 of the same Code, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 326. The president, after asking questions, gives them to the jury in the person of the jury leader(s); at the same time, he shall hand over the indictment, if any, the defence, the minutes which determine the offence and the evidence of the trial.
The president reminds the jury of their oath. He indicates that a conviction can only be pronounced if evidence admitted and subject to the contradiction of the parties indicates that the accused is guilty beyond reasonable doubt of the facts in which he is charged.
Where applicable, the president warns the jurors that the testimonies obtained pursuant to articles 86bis, 86ter, 112bis, § 6, 294, 298, § 5, and 299, §§ 4 and 5, can only be considered as evidence provided that they are corroborated to a determinant measure by other means of evidence.
He warned the jurors that if the accused is found guilty of the main fact by a simple majority, they must mention it at the head of their statement.
When the president of the court of siege gives the jury questions, he will inform them of how they must proceed and vote. Articles 329bis to 329sexies will be printed in large prints and displayed in the jury's Chamber of Deliberations.
He has the accused removed from the courtroom. »
Art. 137. Section 327 of the same Code is replaced by the following:
"Art. 327. The questions being asked and handed over to the jurors, they went to the chamber of deliberations to deliberate on them.
Their leader is the first juror out of the spell, or the one who will be designated by them and the consent of the latter.
Before commencing the deliberation, the jury leader or the jury leader shall read the following instruction, which is also displayed in large characters in the most apparent place in the Chamber of Deliberation: "The law provides that a conviction may only be pronounced if it appears from the evidence admitted that the accused is guilty beyond any reasonable doubt of the facts incriminated to him. "."
Art. 138. Section 327bis of the same Code, inserted by the Act of 28 November 2000, is repealed.
Art. 139. Section 328 of the same Code is replaced by the following:
"Art. 328. Jurors can only leave the chamber of proceedings after they have made their statements.
No one can enter during the deliberation, for any cause, without a written authorization from the president. The judge must only enter it if he or she is called by the chief of the jury, in particular to answer questions of law, and accompanied by his or her assessors, the accused and his or her defence counsel, the civil party and his or her counsel, the public ministry and the clerk. Mention of the incident is made in the minutes.
The chair is required to give the chief of the police service concerned special order and in writing to keep the issues from the chamber of deliberations.
The President shall take the necessary steps to ensure that, during the jury's deliberation, alternate jurors may not communicate with other persons.
The court may punish the sworn offender with a fine of not more than one thousand euros. Any other person who has broken the order, or whoever has not executed it, may be punished with the same penalty. »
Art. 140. Section 329 of the same Code is replaced by the following:
"Art. 329. The jury delibrated each accused on the main fact, and then on each circumstance. »
Art. 141. In the same Code, an article 329bis is inserted:
"Art. 329bis. The questions raised in sections 323 et seq. will be the subject of a folded ticket vote.
To this effect, the tickets will be printed and filled, using a stamp, with the seal of the court of seats.
At the top of these notes will be the words: "in honor and conscience, my answer is";
In the middle, in very legible characters, the word "yes";
And at the bottom, in very legible characters, the word "no". »
Art. 142. In the same Code, an article 329ter is inserted:
"Art. 329ter. After the deliberation, each juror will receive one of these tickets, which will be given to him not folded by the juror's chief.
The juror preferred to answer "yes" will delete the word "no". The juror preferred to answer "no" will delete the word "yes".
It will then fold the ticket and hand it over to the jury leader, who will deposit it in the ballot box. »
Art. 143. In the same Code, an article 329quater is inserted:
"Art. 329quater. The president of the court of siege will give the jurors the questions they have to answer separately and one after another, first on the main fact and then on each aggravating circumstance.
The jurors will answer separately and one after another to each question so asked and if necessary to each question asked in the cases provided for in section 325. »
Art. 144. In the same Code, an article 329quinquies is inserted:
"Art. 329quinquies. The table for the jury's activities will be arranged so that no one can see what every juror does. »
Art. 145. In the same Code, an article 329sexies is inserted:
"Art. 329sexies. The voting ticket on which the words "yes" and "no" or the corresponding words in Dutch or German would both be whistled or on which none of these two words would be whistled, will be recorded as bearing a favorable response to the accused.
After each count of votes, the tickets will be burned in the presence of the jury. »
Art. 146. Section 330 of the same Code, as amended by the Act of 21 December 1930, is replaced by the following:
"Art. 330. After each election, the jury leader or the jury leader strips him in the presence of the jury and immediately records the resolution on the margins of the question, without expressing the number of votes, except in the case where the affirmative statement on the main fact would only have been made by a simple majority. »
Art. 147. Section 331 of the same Code is replaced by the following:
"Art. 331. The jury's decision is, for or against the accused, by majority, barely invalid.
In the event of an equal vote, the favourable opinion to the accused prevails. »
Art. 148. Section 332 of the same Code, last amended by the Act of 3 May 2003, is replaced by the following:
“Art. 332. The jury then returned to the courtroom and resumed their place.
The president asks them what the outcome of their deliberation is.
The jury or the jury leader declares:
"In eer en geweten is de jury tot een verklaring gekomen".
or:
"In honour and conscience, the jury reached a declaration."
or:
"Auf Ehre und Gewissen sind die Geschworenen zu einer Erklärung gekommen". »
Art. 149. Section 333 of the same Code, as amended by the Act of 3 May 2003, is replaced by the following:
“Art. 333. The statement is signed by the jury leader(s) and delivered by him to the president, all in the presence of the jury.
The president signs it, signs it by the clerk and slips it into an envelope that will be closed by the clerk, all in the presence of the jury. The clerk takes a copy of the statement beforehand. »
Art. 150. Section 334 of the same Code is replaced by the following:
"Art. 334. The court and jurors then withdraw immediately into the chamber of proceedings.
Without having to respond to all the conclusions filed, they make the main reasons for their decision.
The decision is signed by the President, the Chief of the Jury and the Clerk. »
Art. 151. Section 335 of the same Code is replaced by the following:
"Art. 335. If the accused is found guilty of the main fact only by a simple majority, the court shall decide. The acquittal is pronounced if the majority of the court does not join the position of the majority of the jury. »
Art. 152. Section 335bis of the same Code, inserted by the Act of 27 December 2005 and amended by the Act of 16 January 2009, is repealed.
Art. 153. Section 336 of the same Code, as amended by the Decree of 19 July 1831 and by the Act of 10 July 1967, is replaced by the following:
"Art. 336. If the court is unanimous in the drafting of the reasoning that the jurors have clearly deceived about the main reasons, in particular with regard to the evidence, the content of legal terms or the application of rules of law, having led to the decision, the court declares, through a reasoned decision, that the case is postponed and returns it to the next session, to be submitted to a new jury and to a new court. None of the first jurors or professional judges can be part of it.
No one has the right to provoke this measure; the court may order it on its own motion, only in the event that the accused has been convicted; never when he was found guilty. »
Art. 154. Section 337 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 337. The court and jury then return to the courtroom and resume their place.
The president introduces the accused, opens the envelope containing the jury's statement, which is placed on file, and reads the decision in his presence. The decision contains the jury's statement and mentions, if any, the application of section 335 and the motivation.
Except in the event of the acquittal and application of section 336, the cassation appeal against this judgment shall be introduced together with the cassation appeal against the final order referred to in section 359. »
Art. 155. Section 338 of the same Code is replaced by the following:
"Art. 338. When the accused has been found not guilty, the President shall declare that he is acquitted of the charge and order that he be released if he is not detained for another cause. »
Art. 156. Section 339 of the same Code is replaced by the following:
"Art. 339. The accused acquitted by a court of attendance may no longer be prosecuted for the same facts, regardless of the legal qualification attributed to them. »
Art. 157. Section 340 of the same Code, repealed by the Act of 15 May 1912, was reinstated in the following wording:
"Art. 340. When, in the course of the proceedings, the accused was charged with another act, either by evidence or by the testimony of the witnesses, the President, having pronounced that he is acquitted of the charge, orders that he be prosecuted on account of the new fact; Accordingly, he refers him to the competent King's Prosecutor.
However, this provision is only implemented in the event that, prior to the closure of the proceedings, the Public Prosecutor's Office made reservations at the end of the proceedings. »
Art. 158. In Section 2 of Chapter VI, Part II, Book II, of the same Code, a Sub-section 8, entitled "Sub-section 8. Setting the sentence", including articles 341 to 346.
Art. 159. Section 341 of the same Code, as amended by the Act of 8 April 2002, is replaced by the following:
“Art. 341. When the accused was found guilty, the Attorney General requisitioned the law.
The president gives the floor to the accused and his counsel.
The accused and his counsel can no longer plead on guilt.
The civil party may request that the effects to be confiscated that belong to it be returned. »
Art. 160. Section 342 of the same Code, as amended by the Act of 23 August 1919, is replaced by the following:
“Art. 342. The court pronounces the accused's absolution, if the fact that he is convicted does not result in a penalty or if the public action relating to the fact that he is found guilty is extinguished. »
Art. 161. Section 343 of the same Code, last amended by the Act of 30 June 2000, is replaced by the following:
“Art. 343. If this is punishable, even if it is no longer within the jurisdiction of the court of siege, the president removes the accused from the courtroom, and the court, together with the jury, goes to the chamber of proceedings. The college thus constituted, chaired by the president of the court, deliberates on the penalty to be pronounced in accordance with the criminal law and its motivation.
Decisions shall be taken by an absolute majority of votes.
The president collects opinions individually; the jurors express themselves first, beginning with the youngest, then the assessors, beginning with the last appointed, and finally the president.
If different opinions are expressed, we go to the vote a second time.
If, after this second vote, more than two opinions remain without the absolute majority, the court or jurors who have issued the least favourable opinion to the accused are required to meet in one of the other opinions.
If, after that, more than two opinions still remain without the absolute majority being collected, the provision in paragraph 5 shall be re-applyed until an opinion has obtained an absolute majority.
On the proposal of the President, it is then decided, by an absolute majority, of the formulation of the grounds leading to the determination of the penalty imposed. »
Art. 162. Section 344 of the same Code is replaced by the following:
"Art. 344. All convictions mention the grounds for determining the penalty imposed.
The order contains the indication of the applied criminal law. »
Art. 163. Section 345 of the same Code, as amended by the Act of 10 October 1967, is replaced by the following:
"Art. 345. The accused who succumbed is sentenced to charges against the State. »
Art. 164. Section 346 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 346. The court and jury then return to the courtroom and resume their place. The president introduces the accused and reads the decision; it also indicates the law on which the conviction is based.
After giving the order, the President may, under the circumstances, urge the accused to firmness, resignation or reform his conduct. He informed him of the faculty granted to him to obtain in cassation and of the term in which the exercise of this faculty is circumscribed. »
Art. 165. In Book II, Part II, Chapter VI of the same Code, a Section 3, entitled "Section 3. Civil interests", including articles 347 to 352.
Art. 166. Section 347 of the same Code is replaced by the following:
"Art. 347. Requests for damages, whether by the accused against the civil party or by the civil party against the accused or the convicted person, are brought to the court of siege.
The civil party is required to file a claim for damages before the judgment; later, she's not admissible. »
Art. 167. Section 348 of the same Code, as amended by the Act of 27 May 1974, is replaced by the following:
"Art. 348. In the case of absolution, as in the case of conviction, the court decides, without the jury, on the damages or restitutions claimed by the civil party.
This one's requisitioning. The accused and his counsel may only argue that the fact does not damage the civil party or that the civil party is too high for the damages caused to him.
The court becomes aware of the pieces and hears the parties. »
Art. 168. Section 349 of the same Code is replaced by the following:
"Art 349. The court takes the matter in deliberation and then decides. »
Art. 169. Section 350 of the same Code is replaced by the following:
"Art. 350. The court condemns the defendant who succumbs to the civil party; it may condemn the civil party who succumbs to all or part of the costs to the State and to the accused. »
Art. 170. Section 351 of the same Code, as amended by the Act of 10 October 1967, is replaced by the following:
"Art. 351. The court condemns the accused who succumb to the compensation referred to in section 1022 of the Judicial Code to the civil party. »
Art. 171. Section 352 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 352. The court orders that the seized objects are returned to the owner.
However, if there has been a conviction, this restitution is only done by justifying, by the owner, that the convict has allowed to pass the deadlines without being admitted to cassation, or, if he has satisfied himself, that the case is definitely over. »
Art. 172. In Book II, Part II, Chapter VI of the same Code, after section 352, a Section 4 entitled "Section 4. General provisions", including articles 353 and 354.
Art. 173. Article 353 of the Code is replaced as follows:
“Art. 353. The judgments are drafted by the president, assisted by the clerk, and signed by them or, if the president is prevented from signing, by the oldest judge and by the clerk.
The clerk assists the court in the various stages of the proceedings. »
Art. 174. Section 354, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 354. The Registrar shall issue a record of the hearing, as the required formalities have been observed.
No reference is made to the minutes, the answers of the accused, or the contents of the statements, subject to the application of section 300.
The minutes are signed by the president and the clerk. »
Art. 175. In Book II, Title II of the same Code, after section 354, a Chapter VII, entitled "Chapter VII. Appeals", including articles 355 to 359.
Art. 176. In Book II, Title II, Chapter VII of the same Code, it is inserted, after the title, a Section 1^reentitled “Section 1^re. General provision", including section 355.
Art. 177. Section 355 of the same Code, as amended by the Act of 30 June 2000, is replaced by the following:
"Art. 355. The judgments of the court of siege may not, subject to the application of the sections of section 2, be attacked only by way of cassation and in the forms determined by law. »
Art. 178. In Book II, Part II, Chapter VII of the same Code, a Section 2 entitled "Section 2. From the opposition", including articles 356 to 358.
Art. 179. Section 356 of the same Code, as amended by the Act of 10 July 1967, is replaced by the following:
"Art. 356. The judgments of the court of siege in which the accused is convicted by default are served on the accused.
The defective convict may object in accordance with the terms and conditions set out in section 187. »
Art. 180. In the same Code, after section 356, the title "Section II. Existing order and execution is repealed.
Art. 181. Section 357 of the same Code is replaced by the following:
"Art. 357. The opposition is served on the Attorney General and the parties against whom it is directed. »
Art. 182. Section 358 of the same Code, as amended by the Act of 21 December 1930, is replaced by the following:
"Art. 358. The indictment board ruled on the admissibility of the opposition. If the opponent or the lawyer who represents him does not appear, the opposition is declared unfavourable.
If the opposition is declared admissible, the conviction is declared null and the case is tried in accordance with the provisions of Chapters V and VI of this title. »
Art. 183. In Book II, Part II, Chapter VII of the same Code, it is inserted after section 358, a Section 3 entitled "Section 3. Sentence in cassation" with section 359.
Art. 184. Section 359 of the same Code is replaced as follows:
"Art. 359. The convict has fifteen frank days after the one where the order was pronounced in his presence to declare to the court that he is sent in cassation.
The Attorney General may, within the same period, declare to the Registry that he requests the cassation of the order.
The civil party also has the same deadline; but it can only be satisfied with the provisions relating to its civil interests.
During these fifteen days, and, if there has been an appeal in cassation, until the Court of Cassation receives its decision, it is suspended from the execution of the court's decision.
The rules of Book II, Title III, Chapter II are applicable. »
Art. 185. In Book II, Title II, of the same Code, a Chapter VIII entitled "Chapter VIII is inserted after Article 359. Execution of the decision", including sections 360 to 363.
Art. 186. Section 360 of the same Code, replaced by the Act of 26 February 1981, is replaced by the following:
"Art. 360. The conviction shall be executed within twenty-four hours of the time limits referred to in Article 359, if there is no appeal for cassation or, in the event of an appeal, within twenty-four hours of the receipt of the decision of the Court of Cassation which rejected the application. »
Art. 187. Section 361 of the same Code is replaced by the following:
"Art. 361. The conviction is executed according to the Attorney General's orders; He has the right to directly request the assistance of the public force.
When the conviction takes away the forfeiture of things or amounts found or to be recovered out of the Kingdom, the Public Prosecutor shall transmit a copy of the relevant documents of the repressive file to the Minister of Justice. He advises the Central Organ for Seizure and Confiscation by sending a copy. »
Art. 188. Section 362 of the same Code, replaced by the Act of 23 August 1919, is replaced by the following:
"Art. 362. When, during the debates that preceded the conviction, the accused was charged, either by evidence or by testimony of witnesses, on other crimes than those of which he was charged, if these newly manifested crimes merit a more serious penalty than the first, or if the accused has accomplices in a state of arrest, the court orders that he be prosecuted, on the basis of these new facts, in accordance with the present Code.
In these two cases, the Attorney General survives the execution of the judgment which pronounced the first conviction, until it was decided on the second trial. »
Art. 189. Section 363 of the same Code, replaced by the Act of 23 August 1919, is replaced by the following:
“Art. 363. Every minute of the seating orders are brought together and filed at the office of the court of first instance of the province.
Except for the minutes of the arrests made by the court of siege of the province or the administrative district of Brussels-Capital where the court of appeal sits, which remain deposited at the court of appeal. »
Art. 190. In the same Code, a title IIbis, comprising articles 364 to 371, is inserted as follows:
« Title IIbis - General provisions concerning the functions and duties of the Public Prosecutor ' s Office. »
Art. 191. In Part IIbis of the same Code, section 364, as amended by the Acts of 23 August 1919, 10 July 1967 and 30 June 2000, is replaced by the following:
"Art. 364. The Attorney General, either ex officio or by the Minister of Justice, shall charge the King's Prosecutor to prosecute the offences of which he is aware. »
Art. 192. Section 364bis of the same Code, inserted by the Act of 30 June 2000, is repealed.
Art. 193. In Part IIbis of the same Code, section 365, as amended by the Act of 23 August 1919, is replaced by the following:
"Art. 365. He receives the denunciations and complaints addressed to him directly either by the Court of Appeal or by a public official or by a simple citizen, and keeps records of them.
He transmits them to the King's Prosecutor if it falls within his jurisdiction. »
Art. 194. In Title IIbis of the same Code, Article 366, as amended by the Act of 23 August 1919 and Royal Decree No. 252 of 8 March 1936, is replaced by the following:
"Art. 366. The Attorney General may, even if he is present, delegate his duties to a judge delegated by him. This provision is common to the Court of Appeal and the Court of Sittings. »
Art. 195. In Part IIbis of the same Code, section 367, as amended by the Act of 23 August 1919, is replaced by the following:
"Art. 367. All judicial police officers are subject to the supervision, according to the distinction established by law, of the Attorney General near the Court of Appeal or the Federal Prosecutor.
All those who, according to Article 9, are, on account of functions, even administrative, called by law to do some judicial police acts, are, in this report only, subject to the same monitoring. »
Art. 196. In Part IIbis of the same Code, section 368, as amended by the Act of 23 August 1919, is replaced by the following:
"Art. 368. In cases of negligence of judicial police officers, the Attorney General shall notify them; this warning shall be recorded by the State party on a register for this purpose. »
Art. 197. In Part IIbis of the same Code, section 369, as amended by the Act of 21 December 1930, is replaced by the following:
"Art. 369. In case of recidivism, the Attorney General denounces them to the Court of Appeal.
On the authorization of the Court of Appeal, the Attorney General shall circulate them to the Board Chamber.
The Court of Appeal directs them to be more accurate in the future, and condemns them at the expense of both the quotation and the shipping and the meaning of the order. »
Art. 198. Section 369bis of the same Code, inserted by the Act of April 21, 2007, is repealed.
Art. 199. In Part IIbis of the same Code, section 370, as amended by the Act of 23 August 1919, is replaced by the following:
"Art. 370. There is a recidivism when the grievor is taken over for any case, before the expiry of a year, from the day of the notice on the record. »
Art. 200. In Title IIbis of the same Code, Article 371, as amended by the Act of 2 January 1924 and Royal Decree No. 252 of 8 March 1936, is replaced by the following:
"Art. 371. The order made by the Court of Appeal under section 369, as well as any new warning given by the Attorney General to the police officers of the local police and the federal police, dressed as an auxiliary judicial police officer of the Crown Prosecutor or a forest guard, even after the expiration of one year from the first warning, will carry deprivation of treatment for a period of eight days. »
Art. 201. Are repealed:
1° Article 372 of the same Code, as amended by the Act of 26 June 2000;
2° Article 373 of the same Code, replaced by the Act of 5 July 1939 and amended by the Act of 15 June 1981;
3° Article 375 of the same Code;
4° Article 376 of the same Code, as amended by the Act of 27 December 2006;
5° Articles 377 to 379 of the same Code;
6° Article 380 of the same Code, as amended by the Act of 10 July 1967;
7° Articles 381 to 385 of the same Code, as amended by the Act of 30 June 2000;
8° the titles "Chapter V. From the default and opposition procedure, "Section I^re. Jury" and "Section II. In the way of forming and convening the jury".
Art. 202. In section 410, paragraph 2, of the same Code, as amended by the Act of 23 August 1919, the following amendments are made:
1° the words "acquitment and" are inserted between the word "stops" and the words "absolution";
2° the number "363" is replaced by the number "342";
3° the words ", if absolution was pronounced on the basis of non-existence of a criminal law that nevertheless existed" are repealed.
Art. 203. In section 434 of the same Code, as amended by the Acts of 23 August 1919 and 10 July 1967, the number "362" is replaced by the number "341".
Art. 204. In section 594, paragraph 1^er, of the same Code, repealed by the law of 10 July 1967, restored by the law of 8 August 1997 and amended by the law of 17 April 2002, the 4th is repealed.
Art. 205. In section 611 of the same Code, as amended by the Act of 7 May 1999, paragraph 2 is repealed.
CHAPTER 5. - Provisions amending the Judicial Code
Art. 206. Article 92, § 1^er, paragraph 1 of the Judicial Code, last amended by the Act of 13 June 2006, is supplemented by an 8th drafted as follows:
"8° repressive cases relating to crimes punishable by imprisonment for more than twenty years. »
Art. 207. In Article 115 of the same Code, as amended by the Act of 16 July 1993, paragraph 2 is supplemented by the words "or in the administrative district of Brussels-Capital".
Art. 208. In article 116 of the same Code, the words "or the administrative district of Brussels-Capital" are inserted between the word "province" and the words ", either in the chief place of other judicial districts".
Art. 209. Section 119 of the Code, as amended by the Act of 31 July 2009, is replaced by the following:
"Art. 119. § 1^er. The seating court includes a president and two assessors. She sits with the jury's assistance. For the instruction and judgment of civil actions, she sits without the jury.
§ 2. If proceedings are instituted against at least one person who, pursuant to the Act of 8 April 1965 relating to the protection of youth, the care of minors who have committed a crime and the compensation of the damage caused by this fact, is subject to a decision to dive in the context of a non-remedial crime, the court of siege must, to be validly constituted, be composed of at least two judges.^er, 1°, 3, or 259sexies, § 1^er2°, paragraph 2. »
Art. 210. In section 120 of the same Code, as amended by the laws of 13 November 1987 and 9 July 1997, the following amendments are made:
1° Paragraph 1 is supplemented by the following sentence:
"In order to be able to serve as president of the court of siege, a specialized training has to be conducted by the Judicial Training Institute. »;
2° a paragraph written as follows is inserted between subparagraphs 1^re and 2:
"The King sets out the conditions that the president must meet to be exempted from specialized training. »
Art. 211. Section 121 of the Code, as amended by the Act of 23 September 1985, is replaced by the following:
"Art. 121. The assessors are appointed for each case by the first president of the Court of Appeal, in consultation with the presiding officers of the Court of First Instance concerned, among the Vice-Presidents and the oldest judges in the court of appeal.
When, as a result of the incapacitation of one or both assessors, the court of attendance cannot be composed, the first president of the court of appeal shall promptly replace them.
When before the court of siege of the province of Liège, the procedure is made in German, the designated assessors are members of the Eupen court of first instance. »
Art. 212. Section 122 of the same code is replaced by the following:
"Art. 122. The Court of Appeal may, in exceptional circumstances related to the organization of the courts and tribunals, on the requisitions of the Attorney General, and deciding in the General Assembly, that one or more of its members whom it designates shall serve as an assailant or alternate assailant instead of members of the Court of First Instance. »
Art. 213. Section 217 of the same Code, as amended by the Act of 5 January 1983, is replaced by the following:
"Art. 217. To be included in the jury list, the following requirements must be met:
1st to be registered in the register of electors;
2° enjoy its civil and political rights;
3° to be aged twenty-eight years and under sixty-five years;
4th to read and write;
5° has not been sentenced to imprisonment for more than four months or to work for more than sixty hours. »
Art. 214. In Article 218 of the same Code, as amended by the Law of 5 January 1983, the words "Article 14, paragraph 1" are replaced by the words "Article 10, § 1^er "
Art. 215. In article 221 of the same Code, the words "and in the administrative district of Brussels-Capital" are inserted between the words "in each province" and the words "to obtain the necessary number of jurors".
Art. 216. In section 222 of the same Code, the word "thousand" is replaced by the words "thousand eight" and the word "seven" is replaced by the words "seventy-five".
Art. 217. Section 223, paragraph 1, of the same Code, as amended by the Acts of 23 September 1985 and 16 July 1993, is replaced by the following:
“Art. 223. The bourgmestre is required to conduct an investigation with each of the remaining electors on the pre-list to determine:
1° if he can read and write;
2° (a) in the provinces of Antwerp, West Flanders, Eastern Flanders, Limburg and Flemish Brabant, if he is able to follow the proceedings of the court of seats in Dutch;
(b) in the provinces of Hainaut, Liege, Luxembourg, Namur and Walloon Brabant, if he is able to follow the proceedings of the French seating court;
(c) in the administrative district of Brussels-Capital, if it is able to follow the proceedings of the court of seats in French, Dutch or both languages; in the latter case, the elector may indicate the language he chooses;
(d) in the judicial districts of Verviers and Eupen, if he is able to follow the proceedings of the court of attendance in French, German or both languages; in the latter case, the elector may indicate the language he chooses;
3° if it actually performs a function and which;
4° if, as a principal or non-principal, a public service, and
5° if he is a minister of a worship recognized by the State or delegate of an organization recognized by law that offers moral assistance according to a non-denominational philosophical conception;
6° if it is military in active service;
7° if he is in possession of a diploma issued by a university or by an assimilated institution, a diploma of higher secondary education, a diploma or a certificate of technical education created, subsidized or approved by the State or by one of the Communities or by a board of examination instituted under a law or decree, a degree of teacher or teacher
8° if he is a former member of the European Parliament, the Federal Legislative Chambers, the Parliaments of the Community and Region, the Provincial Councils, the Communal Councils, the Councils of Agglomeration, the Councils of Federation, the Joint Community Commission, the French Community Commission, the Flemish Community Commission, the Federal Government and the Governments of Communities and Regions or former mayor;
9° if a member or former member of an advisory board established under a law or a royal order;
10° if there are impediments for him that make it impossible to perform the duties of juror;
11° if he has been sentenced to imprisonment for more than four months or to work for more than sixty hours. »
Art. 218. Section 224 of the same Code, replaced by the Act of 5 January 1983, is replaced by the following:
"Art. 224. Based on the evidence gathered by the investigation under section 223, the mayor omitted from the preparatory list of jurors:
1st people who cannot read or write;
2° persons who do not know the language used in the proceedings at the hearing of the court of attendance at which they would be called to perform the duties of juror;
3° the members of the European Parliament, the Federal Legislative Chambers, the Parliaments of Community and Region, the Provincial Councils, the Communal Councils, the Councils of Agglomeration, the Council of Federation, the Joint Community Commission, the French Community Commission, the Flemish Community Commission, the federal government and the governments of Communities and Regions and the Communities;
4° the effective magistrates of the judicial order, the social and consular advisers and judges, the assessors in the enforcement of sentences, the referenda to the Court of Cassation, the clerks and members of the prosecutor's secretariats;
5° the members of the Council of State, the assessors of the section of legislation, the members of the auditorate, the coordinating office, the members of the Council of the Litigation of Aliens and the Registry;
6° the members of the Constitutional Court, the references to the Constitutional Court and the members of the Registry;
7° the members of the Court of Auditors;
8° provincial governors, borough commissioners and provincial clerks;
9° the members of the Supreme Council of Justice;
10° the holders of a management or supervision function in a department, a federal public service or a public programming service, the general public servants and the directors of the ministerial departments of the Communities and Regions;
11° the military in active service;
12° Ministers of a worship recognized by the State and delegates of organizations recognized by the law that offer moral assistance according to a non-denominational philosophical conception;
13° persons who have been sentenced to imprisonment for more than four months or to work for more than sixty hours. »
Art. 219. Section 231 of the same Code, as amended by the Act of 10 May 2007, is supplemented by a d) as follows:
“(d) who have been sentenced to imprisonment for more than four months or to work for more than sixty hours. »
Art. 220. Section 233 of the same Code is repealed.
Art. 221. In article 234 of the same Code, the words "or in the administrative district of Brussels-Capital" are inserted between the words "in the province" and the words ", during the validity of the list".
Art. 222. In section 236 of the same Code, the words "and the records of the jurors of supplement" are repealed and the words "in which" are replaced by the words "in which".
Art. 223. In section 237 of the same Code, as amended by the Act of 15 July 1993, the following amendments are made:
1° in paragraph 1^er, the words "or the administrative district of Brussels-Capital" are inserted between the words "head of the province" and the words "to proceed";
2° Paragraph 2 is replaced by the following:
"The first president of the Court of Appeal, on the advice of the Attorney General, indicates, for each case, to the President of the Court of First Instance, the number of names to be taken from the final jury list. This number cannot be less than sixty. »
Art. 224. In section 238 of the same Code, as amended by the Act of 15 July 1993, the following amendments are made:
1° in paragraph 1^er, the words "and the same number of names in the Jurors of Supplement survey" are repealed;
2° Paragraph 2 is replaced by the following:
"Where applicable, at least fifteen days before the opening of the proceedings, the president of the court of siege, on his or her own motion or on the requisitions of the public prosecutor's office, shall charge the president of the court of first instance of the head of the province or of the district of Brussels-Capital to have, within forty-eight hours, proceeded with the drawing of an additional number of names he determines, in the final list of names. »
Art. 225. In section 239 of the same Code, the following amendments are made:
1° 1° is repealed;
2° the 2° becomes the 1°;
3° the 3° becomes the 2°.
Art. 226. In section 240bis of the same Code, inserted by the Act of 28 March 2000, the words "and the reading of jurors of supplement" are repealed.
Art. 227. In section 241 of the same Code, the words "staff and jurors" are repealed.
Art. 228. Sections 242 to 253 of the same Code are repealed.
CHAPTER 6. - Provisions amending the Act of 4 October 1867
on mitigating circumstances
Art. 229. In Article 1^er of the Act of 4 October 1867 on mitigating circumstances, replaced by the Act of 23 August 1919 and amended by the Act of 11 July 1994, the following amendments are made:
1° in paragraph 1^er, the words "and causes of apology" are inserted between the word "criminal", and the word "own";
2° in paragraph 2, the words "and causes of apology" are inserted between the words "attenuating circumstances" and the words "will be indicated".
Art. 230. Section 2 of the Act, replaced by the Act of 1^er February 1977 and amended by the laws of 11 July 1994 and 23 January 2003, is replaced by the following:
“Art. 2. In the event that a correctional sentence is required due to mitigating circumstances or a cause of apology, the board or the board of indictments may, by reason of order, refer the accused to the correctional court.
Similarly, in cases where an instruction has not been required, the Public Prosecutor's Office may, if it considers that it is not necessary to require a more severe penalty than a correctional penalty due to mitigating circumstances or a cause of apology, directly cite or summon the accused before the Correctional Tribunal by indicating these mitigating circumstances or the cause of apology.
The direct summons or summons by the Public Prosecutor's Office, as well as the referral by the board or board of indictments due to mitigating circumstances, are only possible in the following cases:
1° if the penalty provided by law does not exceed twenty years ' imprisonment;
2° if it is an attempted crime that is punishable by life imprisonment;
3° if it is a crime referred to in article 216, paragraph 2, of the Criminal Code;
4° if it is a crime referred to in Article 347bis, §§ 2 and 4, of the Criminal Code;
5° if it is a crime referred to in article 375, last paragraph, of the Criminal Code, and for which the penalty may, if any, be increased under article 377bis of the same Code;
6° if it is a crime referred to in Article 408 of the Criminal Code;
7° if it is a crime referred to in Articles 428, § 5, and 429 of the Criminal Code;
8° if it is a crime referred to in section 473, last paragraph, of the Criminal Code;
9° if it is a crime referred to in Article 474 of the Criminal Code;
10° if it is a crime referred to in section 476 of the Criminal Code;
11° if it is a crime referred to in Article 477sexies of the Criminal Code;
12° if it is a crime referred to in section 513, paragraph 2, of the Criminal Code, and for which the penalty may, if any, be increased under section 514bis of the same Code;
13° if it is a crime referred to in section 518, paragraph 2, of the Criminal Code;
14° if this is a crime referred to in Article 530, last paragraph, of the Criminal Code, which is punishable under Article 531 of the same Code and for which the penalty may, if any, be increased under Article 532bis of the same Code. »
CHAPTER 7. - Provisions amending the Act of 20 July 1990
on preventive detention
Art. 231. In section 22, paragraph 2, of the Act of 20 July 1990 on preventive detention, inserted by the Act of 31 May 2005, the words "a fact for which section 2 of the Act of 4 October 1867 on mitigating circumstances is not applicable" are replaced by the words "an offence under the jurisdiction of the court of siege".
Art. 232. In the French text of Article 26, § 5, paragraph 2, of the same law, the words "of the offence" are replaced by the words "of the offence".
CHAPTER 8. - Provision amending the Act of 1^er July 1964 social defence in respect of abnormals, habitual offenders and perpetrators of certain sexual offences
Art. 233. In Article 10, paragraph 1^erof the law of 1^er July 1964, a social defence in respect of abnormals, habitual offenders and perpetrators of certain sexual offences, the words "and section 364 of the Code of Criminal Investigation, as amended by the Act of 23 August 1919", are replaced by the words "and section 343 of the Code of Criminal Investigation".
CHAPTER 9. - Provision amending the Act of April 21, 2007
relative to the internment of persons with mental disorder
Art. 234. In Article 13, § 2, of the Act of April 21, 2007 on the internship of persons with mental disorder, the number "364" is replaced by the number "343".
CHAPTER 10. - Abrogatory provision
Art. 235. The Jury Act of 15 May 1838 was repealed.
CHAPTER 11. - Transitional provision
Art. 236. § 1^er. For cases to be examined by the court of attendance after the coming into force of this Act, the following rules are applied as a transitional measure:
- the provisions of this Act apply to the crimes that the Indictment Chamber has referred to the court of siege after its entry into force;
- the cases for which the board of indictments has already rendered a decision of reference to the court of siege at the time of the coming into force of this Act, but which have not yet been examined before the court of siege, are dealt with in accordance with the provisions that were applicable at the time the order of dismissal was rendered, with the exception of sections 341, 342, 348 to 352 and 357 of the Code of Criminal Procedure Sections 136, 137, 148 to 151, 153 and 154 of this Act are applicable in this regard and sections 326, 327, 332 to 337 of the Code of Criminal Investigation, as drafted prior to the coming into force of this Act, remain in force as a transitional measure.
§ 2. Sections 213 and 216 to 219 of this Act apply to the constitutions of the lists of jurors that will take place after the coming into force of this Act. In the meantime, the lists of current jurors remain valid. »
CHAPTER 12. - Entry into force
Art. 237. This Act comes into force ten days after its publication to the Belgian Monitor, with the exception of:
- Article 6, Article 289, § 4, of the Criminal Code referred to in Article 91, and Article 210, which come into force on the date fixed by the King;
Articles 5, 8, 9, 14, 229 and 230, which come into force on the first day of the fourth month following that of the publication of the law 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 in Brussels on 21 December 2009.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DECLERCK
____
Note
(1) Senate
Documents:
4-924 - 2007/2008:
No. 1: M. Mahoux's Bill.
4-924 - 2008/2009:
Number two: Opinion of the Superior Council of Justice.
No. 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
See also:
Annales of the Senate: July 16, 2009.
House of Representatives
Documents: 52-2127 - 2008/2009:
Number 1: Project transmitted by the Senate.
No. 2: Opinion of the State Council.
No. 3-5: Amendments.
52-2127 - 2009/2010:
No. 6: Opinion of the State Council.
No. 7: Amendments.
Number 8: Report.
No. 9: Text adopted by the commission.
No. 10: Amendment.
No. 11: Text amended by the House of Representatives and referred to the Senate
See also:
Full report: 29 October 2009.
Senate
Documents: 4-924 - 2009/2010:
No. 6: Draft amended by the House of Representatives and referred to the Senate.
No. 7: Amendments.
Number 8: Report.
No. 9: Text adopted in plenary and subject to Royal Assent.
See also:
Annales of the Senate: December 10, 2009.