The Reform Of The Court Of Assizes Act

Original Language Title: Loi relative à la réforme de la cour d'assises

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Posted the: 2010-01-11 Numac: 2009090000 SERVICE PUBLIC FÉDÉRAL JUSTICE 21 December 2009. -Law on the reform of the Court of Assizes ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Provisions amending the penal Code art. 2. in article 25 of the penal Code, replaced by the Act of 23 January 2003, the 1st paragraph is replaced by five paragraphs worded as follows: "the term of correctional imprisonment is, except the cases provided by law, at least eight days and five years.
It is more than five years if it is a crime punishable by imprisonment from five to ten years which has been correctionnalisé.
It is more than ten years if it is a crime punishable by imprisonment from ten to fifteen years that has been correctionnalisé.
It's more than fifteen years if it is a crime punishable by imprisonment from fifteen to twenty years which has been correctionnalisé.
It's more than twenty years if it is a crime punishable by imprisonment of twenty to thirty years or life imprisonment which has been correctionnalisé. » Art.
3. in article 84 of the same Code, as amended by laws of April 9, 1930 and April 14, 2009, paragraph 2 is replaced by the following: "they can be sentenced to the prohibition of all or part of the rights mentioned in article 31, paragraph 1, for at least ten years and twenty years for crimes punishable by imprisonment over twenty years at most , and during at least five years and ten years for other crimes. » Art. 4 article 99 of the same Code, paragraph (2) is repealed.
CHAPTER 3. -Provision amending the law of April 17, 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 of the Code of criminal procedure, as amended by the Act of 5 August 2003, a paragraph worded as follows is inserted between paragraphs 2 and 3: "the delay will be however of ten years if the offence is a crime that is punishable by more twenty years of imprisonment and that is correctionnalisé in application of article 2 of the Act of. October 4, 1867 on mitigating circumstances. » CHAPTER 4. — Provisions amending the Code of criminal procedure art. 6 the book first, chapter VI, Section II, Distinction II, § 1, of the Code of criminal investigation, is complemented by an article 62quater as follows: art.
62quater. § 1. If it follows from the statement that the crime alleged the accused seems to fall within the competence of the Court of Assizes, the investigating judge orders as soon as possible, an investigation of morality.
This survey gathers information on the accused, collected from persons associated with him, as well as relevant information on the personality of the victim. A record of each interview is written.
The King determines the procedures for the investigation of morality.
§ 2. The investigating judge also ordered in the shortest time, psychological or psychiatric accused's expertise. » Art.
7. in article 80 of the same Code, as amended by the law of July 10, 1967, 'one hundred francs' shall be replaced by the words "one thousand euro.
S. 8. article 130 of the same Code, as last amended by the Act of 12 March 1998, is replaced by the following: «art.» 130. If the Board of the Council finds that the offence falls within the jurisdiction of the Criminal Court, the accused is referred to this Court. » Art. 9. article 133 of the same Code, as 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 of the Council considers that falls within the competence of the Court of Assizes and prevention against the accused is sufficiently established, parts of statement, the minutes finding the body of the crime, a State of parts needed for conviction and order of decision-making body are transmitted as soon as possible , by the Prosecutor of the King, to the Prosecutor the Court of appeal, to be process as provided for in chapter III. Of the indictment.
The exhibits are kept at the Court of the place where the instruction is held, unless it is provided for under article 228. » Art. 10. in book II of the Code, the title of title II is replaced by the following: ' title II '. Of the Court of Assizes' s. 11. in book II, title II, of the same Code, inserted a chapter I, entitled "chapter I:.
General provision", with article 216octies.
S. 12. in book II, title II, chapter I, of the Code, it is an article inserted 216octies as follows: «art.» 216octies. for the purposes of this title, it should be understood by 'Court': president and two assessors. The Court is assisted by a jury.
S. 13. in book II, title II, of the same Code, it is be inserted after article 216octies, a chapter II, entitled ' chapter II '. The jurisdiction of the Court of Assizes. ', comprising section 216novies.
S. 14. in book II, title II, chapter II of the Code, it is inserted an article 216novies as follows: «art.» 216novies. the Assize Court known crimes, except in cases where application is made to article 2 of the law of October 4, 1867, extenuating circumstances. » Art. 15. in book II, title II, chapter I. «Of the indictments» becomes chapter III, with the following title: ' chapter III '. Of the indictment"art. 16. article 217 of the Code, which the french text was amended by the law of July 10, 1967, is replaced by the following: «art.» 217. the public prosecutor at the Court of appeal is required to put the case in State in the shortest time from the receipt of the parts which are communicated in pursuance of article 133 or article 135, to require the regulation of the procedure before the Board of indictments. » Art. 17. article 218 of the same Code, as amended by the law of July 10, 1967, is hereby repealed.
S. 18. article 219 of the same Code, which the french text was amended by the law of July 10, 1967, is replaced by the following: «art.» 219. when the indictments chamber shall take the issue under advisement for his order, it fixes the day of this announcement. » Art. 19. in article 221 of the Code, which the french text was amended by the law of July 10, 1967, 'a fact qualified under law' shall be replaced by the words "a fact within the jurisdiction of the Court of Assizes.
S. 20. article 222 of the Code, which the french text was amended by the law of July 10, 1967, is hereby repealed.
S.
21. in article 223 of the Code, as last amended by the law of July 10, 1967, 'ten days' shall be replaced by the words "fifteen days".
S. 22. article 226 of the Code is replaced by the following: «art.» 226. the indictments chamber statue by one and the same judgment on related offences which parts will be at the same time produced before it. » Art. 23. the french text of article 227 of the Code, replaced by the law of June 21, 2001, is replaced by the following: «art.» 227. the offences are related: 1 ° either when they were committed at the same time by several people gathered;
2 ° or when they were committed by different people, even in different times and in different places, but as the result of a concert formed in advance between them, either when the culprits were committed together to procure the means of committing other, to facilitate, to consume the execution, or to ensure impunity;
3 ° or when the link that exists between two or more offences is of such nature that it requires, for a good administration of justice and subject to respect for the rights of the defence, that these offences be submitted at the same time for judgment to the same repressive Court.
» Art. 24. article 228 of the Code is replaced by the following: «art.» 228. the indictments chamber may order, if applicable, in the shortest delays: 1 ° the new information.
2 ° the provision of exhibits which are remained lodged at the registry of the Court of first instance. » Art. 25. article 229 of the Code, which the french text was amended by the law of July 10, 1967, is replaced by the following: «art.»
229. If the indictments chamber is of the opinion that there is not sufficient charges against the accused, she said that it did not further. » Art. 26A article 230 of the Code, which the french text was amended by the law of July 10, 1967, the following changes are made: 1 ° in the paragraph 1, the words 'the Court' shall be replaced by the words "room charges";
2 ° in the same paragraph, in the Dutch text, the word 'het' is replaced by 'zij ';
3 ° paragraph (2) is repealed.
S. 27. article 231 of the same Code, as amended by the law of July 10, 1967, is replaced by the following: «art.» 231. If it is a fact within the jurisdiction of the Court of Assizes, and the indictments Chamber considers that the charges are sufficient to motivate indictment, it will return the accused before the Assize Court, subject to the application of article 2 of the law of October 4, 1867, extenuating circumstances.
If the crime has been mischaracterized in order of

body, the indictments chamber will rescind this order and award a new.
» Art. 28. article 232 of the Code, repealed by the law of 20 July 1990, was re-established in the following wording: «art.» 232. the parties are obliged to elect domicile in Belgium, if they are not their domicile or residence, no later than at the time of the reference, by the indictments chamber, the Court of Assizes. The election of domicile governs the procedure before the Court of Assizes, the execution of the judgment that ensues and the appeal against that judgment. Absence of election of domicile by the parties, they may oppose the lack of meaning acts that should have them be served pursuant to the Act. All meaning is validly served on this address for service, as long as the party does not send a notice to the Attorney general by registered mail with acknowledgement of receipt letter.
S. 29. article 233 of the same Code, as amended by the Act of 7 May 1999, is replaced by the following: «art.» 233. the order of decision-making body, issued by the Council Chamber or the Chamber of indictments in accordance with article 26, § 5, of the pre-trial detention Act of 20 July 1990, will be inserted in the judgment of indictment.
This judgment contains the agenda driving the accused during the execution of the judgment in the Assize Court established near remand home where he is returned. » Art. 30A article 234 of the Code, the words "both the requisition of the Crown that" are repealed.
S.
31 article 235 of the Code, which the french text was amended by the law of July 10, 1967, "appellate courts" shall be replaced by the words «bedroom indictments.
S.
32. in article 235A, § 5, of the same Code, inserted by the Act of 12 March 1998, the words "or which concern public order" are repealed.
S. 33. article 236 of the Code, as amended by the Act of 12 March 1998, is replaced by the following: «art.» 236. in the case of article 235, the indictments Chamber designates a judge as Advisor-instructor. It may designate one of its members. » Art. 34. in the Dutch text of article 237 of the same Code, which the french text was amended by the law of July 10, 1967, the word «verleent» is replaced by the word 'food '.
S. 35. articles 238 and 239 of the Code are repealed.
S.
36. article 240 of the Code is replaced by the following: «art.» 240 are, moreover, seen the other provisions of this Code which are point contrary to the articles of title II. » Art. 37. article 241 of the Code, as amended by the law of July 10, 1967, is replaced by the following: «art.» 241. after removal, the accused retains the right to communicate freely with his counsel. » Art. 38. article 242 of the same Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 242. the accused and the injured party have the right to consult the file at the registry. If they so request, the accused, as well as the civil party may obtain free of charge a copy of the file. » Art. 39. in article 246 of the Penal Code, amended by the law of July 10, 1967, the words "Court of appeal" are replaced by the words "room charges".
S. 40. in article 247 of the Penal Code, amended by the law of July 10, 1967, 'Court of appeal' and 'Court' shall be replaced each time by the words "room charges".
S. 41. in article 248 of the Code, paragraph 2 is replaced as follows: "However, the investigating judge may award, if applicable, on the new charges, and before sending them to the Attorney general, an arrest warrant against the accused which would have already been put in freedom according to the provisions of article 26, § 1, of the pre-trial detention Act of 20 July 1990.»
S. 42. in book II, title II, of the same Code, chapter II. "The training of the assize courts, becomes chapter IV, entitled" chapter IV ". Of the appeal against the judgment of dismissal", comprising articles 251 to 253.
S.
43. article 251 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 251. the Attorney general and the other parties have the right to an appeal in cassation against the judgment on the reference to the Court of Assizes. In all cases, this appeal is brought within 15 days of the delivery of the judgment, by a declaration made at the registry of the Court of appeal in the manner provided in article 417. » Art. 44. article 252 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 252. the declaration shall state the subject of the appeal.
Without prejudice to article 416, paragraph 2, this appeal cannot be lodged against the decision of referral to the Court of Assizes, and in the following cases: 1 ° if the fact is not qualified offence by law;
2 ° If the Crown has not been heard;
3 ° If the judgment was not made 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 met;
5 ° If the rules of the contradictory procedure provided for in article 223 have not complied. » Art.
45. article 253 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 253. as soon as the Registrar received the declaration, the expedition of the judgment passed by the Attorney general at the Court of appeal to the Attorney general about the Court of cassation, which is required to adjudicate all cases postpone. » Art. 46. in book II, title II, of the same Code, it is inserted, after article 253, a chapter V entitled "chapter v Of the procedure prior to the hearing on the merits", with articles 254 to 273.
S. 47. in book II, title II, chapter V, of the same Code, it is inserted, after the title of chapter a Section entitled 1st: «Section 1st.» Functions of the president", with articles 254-258.
S. 48. article 254 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 254. at least fifteen days before the preliminary hearing, the president checks if the accused has made choice of a Board to assist in its defence.
If not, it him appoint one immediately, in consultation with the Bâtonnier, on pain of nullity of everything that follows.
If the accused made choice of counsel, this designation is considered non-avenue and invalidation will not be pronounced.
The president may question the accused. In this case, the interrogation subject of minutes which shall be signed by the president, the Registrar and the accused. » Art. 49. article 255 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 255. president, considers the incomplete statement or if new elements have been revealed since its end, may order any acts that he considers useful, with the exception of an arrest warrant. Minutes and other parts or documents gathered during this extra instruction are deposited at the registry and attached to the record of the proceedings.
The Clerk shall inform the Attorney general and the parts of this deposit and shall issue to each of the parties a free copy of the additional folder. » Art. 50. article 256 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 256. prior to the opening of the hearing, the president may, either ex officio or at the request of the public prosecutor, the accused or the injured party, order the reference to a subsequent hearing of a case that is not in a State to be judged or extend the date on which to begin discussions. » Art.
51. article 257 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 257 when it was formed, at the rate of the same offence, several indictments against different defendants, the Attorney general may require the junction, and the president can order it, even office. » Art. 52. article 258 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 258. when the indictment contains several non-related offences, the president may, ex officio or at the request of the Attorney general, order that the accused be put into judgement present on one or more of these offences. » Art. 53. in chapter V, title II, book II of the Code, it is inserted after article 258 a Section 2, entitled 'Section 2. Functions of the Attorney general", comprising articles 259-273.
S. 54. article 259 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 259. the Prosecutor continued, either in person or by a judge delegated by him, any person indicted following the forms prescribed in chapter III. Of the indictment, of the present title. It may refer to the Court any other charge, on pain of nullity, and, if applicable, taken in part. » Art.
55. article 260 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 260. as soon as the Attorney general or the judge delegated by him receives the coins, it ensures preparatory acts are made and that everything is in order for the debates. » Art. 56. article 261 of the same Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 261. in all cases where an acknowledgement is returned to the Court

Assize, the Attorney general is required to prepare an indictment.
The indictment exposes: 1 ° the nature of the offence which forms the basis of the charge;
2 ° the fact and the circumstances that can increase or decrease the penalty; the accused will be referred to as and clearly designated.
The indictment ends with: "as a result, N... is accused of committing as murder, theft, or such other crime, with such and such circumstance."
S. 57. article 262 of the Code is repealed.
S. 58. article 264 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 264. it does, on behalf of the Act, all of the requisitions it deems appropriate; the Court is required to give him Act and adjudicate them. » Art. 59. article 265 of the Code, which the french text was amended by the law of July 10, 1967, is replaced by the following: «art.» 265. the Attorney general signs its requisitions. Those made during the debates are recorded by the clerk in his minutes and shall also be signed by the Attorney general. All decisions to which these requisitions resulted are signed by the judge who presided over and by the Registrar. » Art. 60. in the same Code, according to article 265, the title "§ 1.» Functions of the president"is repealed.
S.
61. article 266 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 266. when the Court refers not at the request of the Attorney general, neither education nor judgment is stopped or suspended, except after stopping, if applicable, the appeal in cassation by the Attorney general. » Art. 62 are repealed: 1 ° article 267 of the same Code, as amended by the Act of August 18, 1907;
2 ° article 268 of the Code;
3 ° article 269 of the same Code, amended by the Act of 30 June 2000;
4 ° article 270 of the same Code.

S. 63. in the same Code, article 270, the title "§ II. '' Functions of the public prosecutor at the Court of appeal"is repealed.
S. 64. sections 271 and 272 of the Code are repealed.
S. 65. article 273 of the Code is replaced by the following: «art.»
273. in all cases where counsel for the King and the presidents are allowed to serve judicial or investigative judge police officer, they may delegate to the Prosecutor of the King, to the judge of instruction and the Justice of the peace, even a judicial district adjacent to the place of the offence, the functions that are respectively assigned to them, other than the power to issue the warrants and arrest against the accused. » Art. 66. in book II, title II, of the same Code, it is inserted, after article 273, chapter VI, entitled ' chapter VI '. The procedure before the Court of Assizes", comprising articles 274 to 354.
S. 67. in the same chapter VI, it is inserted after the title of the chapter, a Section 1 entitled "Section 1. Preliminary hearing", comprising articles 274-279.
S. 68. article 274 of the Code, which the french text was amended by the law of July 10, 1967, is replaced by the following: «art.» 274. prior to the hearing on the merits, the president holds a preliminary hearing to compose the list of witnesses referred to in article 278.
"President statue as soon as possible.
S. 69. article 275 of the Code, which the french text was amended by the law of July 10, 1967, is replaced by the following: «art.» 275. the Attorney general is to serve on the accused and the other parties, by a single exploit, the indictment and the summons to appear at the preliminary hearing. He attached a copy of the order for reference. If the accused is detained, that meaning must be made in person.
» Art. 70. article 276 of the Code is replaced by the following: «art.» 276. the quotation period is at least 20 days, unless the parties expressly renounce.
If this deadline is not respected and that a party invokes this non-compliance no later than at the opening of the preliminary hearing and before any exception or defense, the president of the Court of Assizes fixed office, by order, a new date and a new time for the preliminary hearing. » Art.
71. article 277 of the Code is replaced by the following: «art.» 277. the accused and the injured party appearing in person or are represented by their lawyer.
If the accused appears in person, he appears free and only accompanied by guards to prevent escape. The president asks him his name, forenames, his age, his profession, his home and his birthplace.
The provisions of article 190, paragraph 1, and articles 282, paragraphs 1 to 3, 283 shall apply. » Art. 72. article 278 of the Code is replaced by the following: art. 278 § 1. No later than five days before the preliminary hearing, the Attorney general and the parties submit to file the list of witnesses they wish to hear, their contact. If the coordinates of some witnesses are missing or incomplete, the Attorney general did the necessary research. Reasons for the choice of those witnesses can be joined to the list.
In the list, the distinction is made between, on the one hand, those called to testify on the facts and guilt, and, secondly, the witnesses of morality.
§
2. The president, after hearing the Attorney general and the parties in their submissions, lists of witnesses and sets the order in which they will be heard. The accused's character witnesses will be always heard last.
However, if a witness of morality must also be heard relating to facts or guilt, the president may decide that his evidence as to morality will be received at the same time that his evidence relating to facts or guilt.
The president strives to limit as far as possible the duration of the hearing.
The president may reject the claims of the parties where these witnesses are obviously foreign to the facts and issues of the guilt of the accused and his or her character.
With regard to those called to testify on the facts, one or more police officers responsible for the drafting of the chronological synthesis of facts, the initial findings and the conduct of instruction are in any case worn on the list of witnesses.
With regard to witnesses of morality, one or more officials responsible for the drafting of the investigation of morality police joined in any case on the list of witnesses.
§ 3. The list of witnesses who are heard at the hearing is included in the judgment of the preliminary hearing. This list contains the names, profession and residence of witnesses, as well as the number of witnesses including some identity data are not mentioned in the hearing in accordance with article 296, without prejudice to the granted to the president by article 281.
Where appropriate, the arrangements for the hearing of certain witnesses may also already be fixed, in accordance with articles 294, 298 and 299.
§ 4. This judgment is likely to no remedy. » Art. 73. article 279 of the same Code, as amended by the Act of 12 March 1998, is replaced by the following: «art.» 279. on the basis of concrete elements that have emerged subsequent to the control of the Chamber of indictments under article 235ter, the President may, either ex officio or at the request of the public prosecutor or at the request of the accused, the prosecution or their lawyers, load the Chamber in charge of monitoring the implementation of the specific research observation or infiltration methods , pursuant to article 235ter.
This requisition or this request must, under penalty of forfeiture, be raised before any other means of law, unless this plea concerns concrete and new elements that appeared at the hearing.
The president transmits the file to the Crown, in order to bring the matter to this effect before the indictments chamber.
In addition to the case referred to in paragraph 1, the President may in the case of incidents concerning the legality of the control of the special research observation and infiltration methods, refer the matter to the public prosecutor so that he carries it to the Chamber competent for the intended control charges in article 235ter. » Art. 74. in book II, title II, chapter VI of the Code, it is inserted after article 279, a Section 2 entitled 'Section 2. The hearing at the bottom", comprising articles 280 to 346.
S. 75. in book II, title II, chapter VI, Section 2, of the same Code, it is inserted a subsection entitled 1st: «sub-section. 1st.
General provision", with article 280.
S. 76. article 280 of the Code, as amended by the Act of 12 March 1998, is replaced by the following: «art.» 280. the statement at the hearing is conducted orally.
The accused appeared free and only accompanied by guards to prevent escape. The president asks him his name, forenames, his age, his profession, his home and his birthplace.
The provision of article 190, paragraph 1, applies to the Court of Assizes.
The debates, once begun, should be continued without interruption, and without any kind of communication outdoors, until after the decision on the question of guilt.
The president cannot suspend them while the necessary intervals for the rest of the Court, jurors, witnesses, defendants and civil parties. » Art. 77. in Section 2 of book II, title II, chapter VI, of the same Code, it is inserted after article 280 a sub-section 2

called "sub-section 2. Functions of the president", with articles 281 to 283.
S.
78. article 281 of the Code is replaced by the following: «art.» 281 § 1.
The president is personally guide the jury in the exercise of their functions, to inform them of the instances to which they can seek psychological counseling at the end of their mission, to remind them of their duties, in particular their duty to discretion and to urge them to keep away from the media. He is also responsible personally preside over all training and determine the order in which the floor is given to those who ask it.
There the police of the hearing.
However, it cannot admit to reserved seating people whose presence is not justified either by the statement of the cause or service of hearing or because of their functions or professions.
§ 2. The president takes, even ex officio, all appropriate measures to collect all the evidence to charge and discharge. He led the discussions of an objective and impartial manner. The president is vested with a discretion under which he can take on him about what he believes to be useful to discover the truth; Act the charge to use in honour and conscience all its efforts to promote the event.
The president may in the course of the debates, call even mandated to bring, and hear all persons, or to make all new parts that him would appear to be, according to new developments given at the hearing, either by the accused or witnesses, give a useful light on the disputed fact.
The so called witnesses will be heard in the manner provided in articles 295 to 299.
The president must dismiss anything that would tend to prolong the discussions without giving rise to hope for more certainty in the results. » Art. 79. article 282 of the Code is replaced by the following: «art.» 282. in cases where the accused, civil party, witnesses or one of them speak the same language or the same idiom, the president appoints ex officio, on pain of nullity, an interpreter at least twenty-one years old, and him, under the same penalty, take an oath to faithfully translate the speech to be transmitted between people who speak different languages.
The accused, the civil party and the Attorney general can recuse the interpreter, motivating their recusal.
The president shall decide.
The interpreter cannot, on pain 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 Code inserted by order royal No. 275 of March 30, 1936 and modified by order royal August 5, 1991, is repealed.
S. 81. article 283 of the Code, as amended by the law of July 10, 1967, is replaced as follows: «art.» 283 if the accused is deaf-mute and is unable to write, the president appoints to office for his interpreter the person who will be the more usual to converse with him.
It is same for the dumb witness or a civil party dumb.
The provisions of article 282 is application.
Where the dumb can write, the clerk wrote the questions and comments that are made;
they are handed over to the accused, the civil party or witness, giving in writing their answers or statements. Reading is made at all by the clerk. » Art. 82. in Section 2, chapter VI, title II, book II, of the same Code, it is inserted after article 283, a sub-section entitled 3: subsection 3. Functions of the Attorney general", comprising articles 284 and 284bis.
S.
83. article 284 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 284. the Attorney general is involved in the discussions; It requires the application of the criminal law; It is present at the delivery of the judgment. » Art. 84. in the same Code, it is inserted an article 284bis as follows: «art.» 284bis. provisions relating to the functions of the Attorney general, contained in articles 264, 265 and 266, shall apply. » Art.
85. in Section 2 of Chapter VI, of the same Code, it is inserted, after article 284bis, a sub-section 4 entitled "subsection 4. The convening and the appearance of the parties", comprising articles 285 and 286.
S. 86. article 285 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 285 § 1. The Attorney general did serve on the accused and the injured party by a single feat: 1 ° the preliminary hearing judgement;
2 ° the summons to a hearing devoted to the composition of the Board, and 3 ° the summons to appear at the hearing on the merits.
§ 2. This service must be made in person if the accused is detained. The quotation period is 15 days, unless the parties expressly renounce. If this deadline is not respected and that a party invokes this non-compliance no later than during the opening of the session and before any exception or defense, the president fixed ex officio, by order, a new date and a new time for the opening of the hearing. » Art. 87. article 286 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 286. when at the date fixed for the opening of the proceedings, an accused who is not in a State of detention does not in person or is not represented by a lawyer, the president of the Assize Court makes on the field an order that the accused will be judged by default.
It will be then proceeded as indicated in Chapter VII, section 2. » Art. 88. in Section 2 of book II, title II, chapter VI of the same Code, it is inserted after article 287, a sub-section 5: 'subsection 5. The composition of the jury", containing the articles 287-290.
S. 89. article 287 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 287. at least two working days prior to the hearing, jurors are called before the Assize Court in presence of the Prosecutor and the accused or counsel and the civil party or its Board.
Notwithstanding the presumption of article 234 of the Judicial Code, the exemption from office president people who, since their registration on the municipal list, no longer satisfy the conditions of article 217 of the Code or have acquired one of the qualifications provided for in article 224 of the Code.
It decides on applications for exemption of convened jury.
It provides those who, obviously, are not able to fulfil the task of juror.
The names of the jurors present and not delivered are deposited in a ballot box. » Art. 90. article 288 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 288. If there is not enough of these jurors, the president of the Assize Court charge the president of the Court of first instance to have the draw of the number of jurors that it determines, in accordance with articles 238 and 239 of the Judicial Code.
These are immediately convened by all appropriate means, to attend on the day fixed by the Chairman.
Jurors so summoned, present and not delivered are used, in the order of the draw, to obtain the required number. » Art. 91. article 289 of the Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 289. § 1. The president draws one the ballot box the names of jurors.
§ 2. The accused in the first place, the Attorney general may then object to an equal number of jurors, who will be six if there is no alternate jurors, seven if there are one or two, eight if there are three or four of nine if there are five or six of ten if there are seven or eight , eleven if there are nine or ten and twelve if there are eleven or twelve.
The accused and the Attorney general can make known their reasons for disqualification.
If there are several defendants, they can exercise their peremptory separately or together to exercise without being able to exceed the number of challenges that one accused would be eligible.
If the defendants do not agree, the president of the Assize Court rule by lot the order in which they will be able, for each juror, exercise their peremptory. In this case, the jury objected to by one accused will be for all, until the number of challenges is exhausted.
The accused may consult to exercise part of the challenges, except to exercise the surplus following the rank determined by fate.
The president may challenge of jurors in order to satisfy the requirement laid down in § 3.
§
3. The jury is validly made the moment where twelve jurors have been designated. During the composition of the Board, up to two thirds of the Board members are of the same sex. Then, the president of the Assize Court draws draw the number of alternate jurors determined pursuant to article 124 of the Judicial Code.
§ 4. An information session, whose modalities are determined by the King, is scheduled for the jurors and alternate jurors.
§ 5. In case of referral to an unspecified date, the list of jurors of the case is cancelled and will be conducted to the formation of a new jury. » Art. 92. article 290 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 290. next, the president extended to jurors the following speech: "you swear and promise to examine with the most scrupulous attention to charges that will be brought against n., do not betray nor the interests of the accused,

nor those of society that accuses him; to communicate with anyone until after your return; don't listen to hatred or malice, fear or affection; you decide based on the evidence and means of defence, with impartiality and firmness that are suitable for a probe and free person.
or: "Gij zweert in belooft dat aan n. ten laste gelegde feiten gij met de grootste aandacht zult onderzoeken; dat gij geen uitvalsbasis zult doen aan belangen van beschuldigde of belangen maatschappij van aan, die hem beschuldigt; dat gij puts niemand in verbinding zult komen Harlingen uw verklaring is afgelegd; dat gij geen gehoor zult geven aan haat of kwaadwilligheid aan vrees of genegenheid;
"dat gij zult beslissen op grond bewijzen van en of middelen van verdediging, puts onpartijdigheid in vastberadenheid zoals het een vrij in rechtschapen mens betaamt" or: "Sie schworen und versprechen, die gegen n. erhobenen Beschuldigungen, mit größter Aufmerksamkeit zu prüfen, weder das interested of Angeklagten noch das der menschlichen Gesellschaft, die Anklage gegen ihn erhebt, zu degenen; MIT niemandem bis zur Abgabe Ihrer Erklärung in Verbindung zu treten. sich weder von Hass noch malice, Furcht oder Zuneiging leiten zu lassen. «Ihre Entscheidung aufgrund der vorgebrachten-Belastungs und Entlastungsmittel zu fallen, und zwar nach Ihrem Gewissen und Ihrer festen Ueberzeugung, mit der Unparteilichkeit und eines freien und anständigen Menschen steadfastness.»
Each of the jurors, called individually by the president, responded by raising the hand: "I swear" under penalty of nullity.
» Art. 93. in the same Code, after article 290, the title existing 'chapter III. The procedure before the Court of Assizes"is repealed.
S. 94. in Section 2 of book II, title II, chapter VI of the same Code, it is inserted after article 291, a sub-section entitled 6: "subsection 6. Examination at the hearing", comprising articles 291 to 321.
S. 95. article 291 of the Code, replaced by the law of June 30, 2000, is replaced by the following: «art.» 291. before that he could proceed to the reading referred to in article 292, parties must specify by finding the means referred to in article 235A, they can submit to the trier of fact. The Court shall immediately decide on these. The application for judicial review of that judgment is formed while the application to quash the final judgment referred to in article 359. » Art. 96. article 292 of the Code, replaced by the law of June 30, 2000, is replaced by the following: «art.» 292. immediately after, the president may order the Clerk to read in whole or in part the order for reference.
The Clerk shall deliver to each juror a copy of the indictment and, if any, of the Defence Act.
The Attorney general reads the indictment and the accused or his counsel Act of defense.
The Attorney general exposes the subject of the charge.
If desired, the accused or his counsel outlines his defence. » Art. 97. articles 292bis and 292ter of the Code inserted by the Act of 30 June 2000, be repealed.
S. 98. article 293 of the Code, replaced by the law of 20 September 2002, is replaced as follows: «art.» 293. the president directs witnesses to withdraw in the room intended for them. They leave that to file. The president takes precautions, if necessary, to prevent the witnesses to confer among themselves of the offence and the accused, prior to their testimony. » Art. 99. article 294 of the Code, replaced by the law of June 30, 2000, is replaced as follows: «art.» 294. the witness whose identity has been kept secret in accordance with sections 86bis and 86ter, cannot be called as a witness at the hearing, unless he consents. President makes the reading of his testimony at the hearing and stated that the identity of the witness data were held secret pursuant to sections 86bis and 86ter.
If the witness agrees to testify at the hearing, he retains his anonymity. In this case, the president takes the necessary measures to ensure the anonymity of the witness.
The president may order the investigating judge, either ex officio or at the request of the Crown, or at the request of the accused, the civil party or their counsel, to rehear this witness or hear a new witness pursuant to articles 86bis and 86ter for the purposes of establishing the truth. The Chairman may decide that it will be present at the hearing of the witness by the investigating judge. » Art. 100. article 295 of the same Code, replaced by the law of June 30, 2000, is replaced by the following: «art.» 295. the witnesses testify, in the order established by the president. Before filing, they swear, on pain of nullity, the oath to speak without hatred and without fear, to tell the truth and nothing but the truth.
The president asked their name, surname, age, profession, their domicile or residence, if they knew the accused before the fact mentioned in the indictment, they are relatives or allies, or the accused, the civil party and to what degree. He still asks them if they are not attached to the service of one or the other; This is done, the witnesses testify orally.
However, the president may allow or invite persons heard as expert or witness to have, during their testimony, of notes which have been filed before or at the hearing and which are attached to the folder.
Witnesses who have obtained a change of identity in accordance with article 104, § 2, lay still under their former identity. » Art. 101. article 296 of the same Code, restored by the law of June 30, 2000, is replaced by the following: «art.» 296. president who wishes to proceed with the hearing of a witness who has not been heard by the examining magistrate, may decide, either ex officio, or at the request of the witness, or at the request of the public prosecutor or at the request of the accused, civil party or their advice, that there will be not mention at the hearing and in the minutes of the hearing of certain data of identity under article 295 If there is a reasonable presumption that the witness, or someone from his entourage, could suffer a serious injury as a result of the disclosure of these data and its deposition. The Chair noted at the hearing the reasons which led to this decision. These are included in the minutes.
The witness who has been granted partial anonymity in accordance with article 75A retains its partial anonymity.
The partial anonymity granted pursuant to article 75 or in accordance with paragraph 1 shall not prevent the hearing of a witness at the hearing.
The Attorney general shall keep a register of all witnesses whose identity, in accordance with article data, were not mentioned at the hearing.
The Attorney general and the president take, each for what concerns measures reasonably necessary to prevent the disclosure of the identity data, referred to 1 paragraph.
» Art. 102. article 297 of the same Code, restored by the law of June 30, 2000, is replaced by the following: «art.» 297. by way of derogation from article 295, should not make State of residence or the residence of persons who, in the exercise of their professional activities, are responsible for the finding and the investigation of an offence or who, on the occasion of the implementation of the law, take knowledge of the circumstances in which the offence was committed, and which are in this quality heard as witnesses. In place, they can indicate their service or the address at which they usually exercise their profession. The summons to testify at the hearing may be regularly served at this address. » Art. 103. article 298 of the Code, restored by the law of June 30, 2000, is replaced by the following: «art.» 298. § 1.
At the reasoned request of the Attorney general, the Court may decide to hear through a videoconference: 1 ° a witness threatened, who the witness protection Commission has granted a measure of protection, 2 ° a witness or an expert residing abroad when the material reciprocity is guaranteed with its agreement, if it is not desirable or possible for the person to be heard to appear in person at the hearing.
§ 2. At the reasoned request of the Attorney general, the Court may decide to hear through closed circuit television a witness threatened, who the witness protection Commission has granted a measure of protection, with its agreement, if it is not desirable or possible the person to be heard to appear in person at the hearing.
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3. Located near the person hearing is a judicial police officer or, where the person to be heard is located abroad, a foreign judicial authority. This person verifies the identity of the person to hear and draws up a report which is signed by the person to hear.
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4. The person heard through a videoconference or a closed television circuit is supposed to have appeared and have responded to the call.
§ 5. At the reasoned request of the Attorney general, the Court may decide to allow the image and voice alteration. In this case, the statements made through video conferencing or closed television circuit cannot be taken into account as evidence if they are corroborated to a decisive extent by other means of evidence. » Art. 104. article 299 of the same Code, restored by the law of June 30, 2000, is replaced by the following: «art.» 299 § 1. On requisition motivated

the Attorney general, the Court may decide to hear through a conference call: 1 ° a witness threatened, who the witness protection Commission has granted a measure of protection, 2 ° a witness or an expert residing abroad when the material reciprocity is guaranteed, and this, with his agreement, if it is not desirable or possible for the person to be heard to appear in person or she heard through a videoconference or a circuit television closed.
§
2. Located near the person hearing is a judicial police officer or, where the person to be heard is located abroad, a foreign judicial authority. This person verifies the identity of the person to hear and draws up a report which is signed by the person to hear.
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3. The person heard through a telephone conference is supposed to have appeared and have responded to the call.
§ 4. Statements made through a conference call may not be taken into account as evidence if they are corroborated to a decisive extent by other means of evidence.
§ 5. At the reasoned request of the Attorney general, the Court may decide to allow the alteration of the voice. » Art. 105. article 300 of the same Code, repealed by the Act of 12 March 1998, was re-established in the following wording: «art.» 300. the president made hold note by the Registrar of 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 transmit the notes to these changes, additions and variations. » Art. 106. article 301 of the same Code, repealed by the Act of 12 March 1998, was re-established in the following wording: «art.» 301. the president may ask the witnesses and the accused all clarification as it deems necessary to the manifestation of the truth.
Assessors and jurors have the same option, asking the floor to the president. The accused and his counsel may ask questions of the witness through the president. The Attorney general, the civil party and its Board can ask questions to the witness or the accused, through the Chairman.
However, the president may prohibit some questions being asked. » Art.
107. article 302 of the Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 302. after each witness, the president asked the witness if he persists in his statements. If this is the case, he asked the Attorney general, the accused and the civil party if they have comments on what has been declared.
The president may direct the witness, after his deposition, to remain available to the Assize Court until it is withdrawn in the deliberations room. » Art. 108. article 303 of the same Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 303 § 1.
May not be received, the evidence: 1 ° of the father, mother, grandfather, grandmother or other ascendant of the accused or of one of the co-defendants present and subject to the same debate.
2 ° the son, daughter, grandson, granddaughter or any other descendant;
3 ° of the brothers and sisters;
4 ° the allies to the same degrees;
5 ° of the spouses, even after separation or divorce and cohabiting, even after they have put an end to the legal cohabitation;
6 ° of children less than 15 years.
§ 2. The hearing of the persons referred to the § 1 can only be a cause of nullity when the Attorney general, the civil party, nor the accused objected to the hearing.
In the event of opposition from the Attorney general or, one or more of the parties president can hear these people off oath. Their statements are regarded as simple information.
§ 3. Children 15 years of age and legal prohibitions cannot be heard under oath. » Art. 109. article 304 of the Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 304. the witnesses produced by the Attorney general, by the accused or by the civil party are heard in the debate, even when they have not previously filed in writing, and even when they received no summons, provided, in all cases, these witnesses to be included in the judgment referred to in article 278. » Art. 110. article 305 of the same Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 305. the civil party, if requested, is heard as a party and not as a witness. » Art. 111. article 306 of the same Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 306. the public prosecutor, the accused and the civil party may request, during the debates, that witnesses not listed in the case referred to in article 278 are cited. President authorizes these witnesses when it appears necessary in the light of disclosed the discussions. » Art. 112. article 307 of the Code is replaced by the following: «art.» 307. the witnesses mentioned in the case referred to in article 278 are summoned to appear at the request of the Attorney general. Citations at the request of the accused and the injured party in accordance with article 306 are at their own expense, as well as the salaries of the witnesses, if they require; except for the Attorney general and the president to make witnesses at their request the them entered by the accused or civil party, in cases where they deem that their statement may be useful for establishing the truth. » Art.
113. article 308 of the same Code is replaced by the following: «art.» 308. the witnesses, by part as they are produced, can never stop between them. » Art. 114. article 309 of the same Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 309. the accused and the injured party may request, after the witnesses have testified, that those they designate withdraw from the courtroom, and that one or more of them are introduced and heard again, either separately or in the presence of each other.
The Attorney general has the same Faculty.
The president may also order it ex officio. » Art.
115. in the same Code, after article 309, the existing headings "chapter IV. Review the judgment and execution» and «Section Ire. Review"are repealed.
S.
116. article 310 of the 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 ask them separately about some circumstances of the trial. It includes the continuation of the general debate after examining each acknowledgment of what has been done in his absence, and what resulted. » Art. 117. article 311 of the same Code, repealed by the law of 21 December 1962, was re-established in the following wording: «art.» 311. in regard to minor witnesses, the president made, where applicable, pursuant to articles 92 to 101 relatively to the hearing recorded.
When he considers the appearance of the minor necessary to the manifestation of the truth, it is organized by videoconference, unless the minor expresses the willingness to testify at the hearing.
In the case of hearing by videoconference, the minor is heard in a separate room, in the presence, as appropriate, of the person referred to in article 91bis, his lawyer, one or members of the technical service and an expert psychiatrist or psychologist.
If president considers necessary to the serenity of the testimony, it may, in all cases, limit or exclude visual contact between the minor and the accused.
This article is applicable 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. article 312 of the Code, as amended by the Act of May 27, 1974, is replaced by the following: «art.» 312. during the examination, the jury, the Attorney general and the Court can take note of what is important in the depositions of witnesses, either in defence of the accused, provided that the discussion is not interrupted. » Art. 119. article 312bis of the Code, inserted by the Act of 30 June 2000, is repealed.
S. 120. article 313 of the Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 313. in the course or as a result of the testimony, the president made represent the accused all documents relating to the offence, that can serve as evidence; He calls it to respond personally if it recognizes; the president makes also represent witnesses, if applicable. » Art. 121. article 314 of the Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» 314. If after the debates, the testimony of a witness appears to be false, the president may, on the requisition of the civil party, either of the accused, and even office, either the Attorney general immediately put the witness under arrest, and either respect the duties of investigating judge, or return it in this state before the competent examining magistrate.
If the president performs the functions of examining magistrate, the Attorney general fulfils those judicial police officer and the indictments chamber statue both on the confirmation of the arrest as pre-indictment warrant.
» Art. 122. article 315 of the same Code, as amended by the law of April 8, 2002, is replaced by the following:

«Art.» 315. in the case referred to in article 314, the Attorney general, the prosecution or the accused may immediately require, and the Court may order, even ex officio, the referral indefinitely. » Art. 123. article 315bis of the Code, inserted by the law of April 8, 2002, is repealed.
S. 124. article 316 of the Code is replaced by the following: «art.» 316 when a witness who was quoted does not appear or when a witness is deceased, the president may read the witness statements made during the statement, even from those made under oath. Except opposition of the parties, the president may decide that a witness who has been cited, and which appear, is not heard in his testimony.
Under the same condition, it can decide not to be understood in his testimony the person called to testify by application of article 281, § 2, paragraph 2. » Art. 125. article 317 of the same Code, amended by the acts of 30 June 2000 and July 7, 2002, is replaced by the following: «art.»
317. If, at the rate of the non-appearance of the witness, the matter is referred to an unspecified date, all fees quotation, acts, travel of witnesses, and other aimed to judge the case, are borne by the witness; and it will be forced, on the requisition of the Attorney general, by the judgment that returns the discussion indefinitely.
However, in all cases, the witness who does appear not or refuses either swear an oath or give evidence, is sentenced to the penalty laid down in article 80. » Art. 126. articles 317bis to 317quinquies of the same Code, inserted by the law of April 8, 2002, are repealed.
S. 127. article 318 of the same Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 318. the sentenced witness may oppose these convictions within fifteen days of the meaning that it has been made or which has been made at his home; the opposition is received if he proves that it was legitimately prevented, or that the fine against him made must be moderate. » Art. 128. article 319 of the Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 319. the Chairman determines that accused persons who must be submitted first to the debates, starting with the main accused, if there is one.
It is then a particular debate on each of the other accused.
» Art. 129. article 320 of the same Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 320. as A result of the testimony of the witnesses and respective according to which they have given rise, the civil party or counsel and the Attorney general agreed, and develop ways in which support the charge.
The accused and his counsel may answer them.
The replica is permitted in the civil party and the Attorney general; but the accused or his counsel always have the floor last.
The president said then that the discussions have been completed. » Art.
130. article 321 of the Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 321. on the basis of new and concrete elements that have emerged during the hearing, the Chair may, either ex officio or at the request of the public prosecutor or at the request of the accused, the prosecution or their lawyers, load the Chamber of indictments to monitor the application of the special methods of research observation or infiltration, in application of article 235ter.
This requisition or this request shall, under penalty of forfeiture, be raised before any other means of law.
The president transmits the file to the Crown, in order to bring the matter to this effect before the indictments chamber.
The president may, incidents concerning the legality of the control of the special methods of research of observation and infiltration, refer the matter to the public prosecutor so that he carries it to the Chamber of the competent indictments for review provided for in article 235ter. » Art. 131. in Section 2 of book II, title II, chapter VI of the same Code, it is inserted after article 321 a sub-section 7 headed 'sub-section 7. Of guilt. ', comprising articles 322-340.
S. 132. article 322 of the same Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 322. the Chairman reminded jurors the functions that they will have to complete before they retire to deliberate.
It asks the questions as it says below. » Art. 133. article 323 of the Code, repealed by the Act of 30 June 2000, was re-established in the following wording: «art.» «323. the resulting from the indictment question in these terms: "is the accused guilty of committing such murder, theft, or such other crime?".»
S. 134. article 324 of the Code is replaced by the following: «art.» «324. If it appears from the discussion one or more aggravating circumstances that are not mentioned in the indictment, the president adds the following question: "the accused has committed the crime with this or that circumstance?".»
S. 135. article 325 of the Code is replaced by the following: «art.» «325 when the accused suggested to excuse a fact admitted as such by the law, the question is thus raised: "such done is it constant?".»
S. 136. article 326 of the Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 326. the president, after having asked the questions, returns them to the jurors in the person of or the foreman of the jury; It shall at the same time provide the indictment, if necessary the Defence Act, reports which state the offence and the parts of the trial.
The president reminded the jurors their oath. He tells them that a conviction may be imposed if it appears of the evidence accepted and submitted to the contradiction of the parties that the accused is guilty beyond a reasonable doubt facts that him are criminalized.
Where appropriate, the President warned the jury that the evidence obtained pursuant to sections 86bis, 86ter, 112A, § 6, 294, 298, § 5, and 299, §§ 4 and 5, cannot be taken into account as evidence only if they are corroborated key by other means of evidence to the extent.
He warned jurors that if the accused is found guilty of the main fact simple majority, they must be mentioned at the top of their declaration.
When the president of the Assize Court will present questions to jurors, he will inform them of how they should proceed and vote. Articles 329bis to 329sexies will be printed in big type and displayed in the House of the jury's deliberations.
He remove the accused from the courtroom.
» Art. 137. article 327 of the Code is replaced by the following: «art.» 327. the questions being asked and given to the jurors, they went into the Chamber of the deliberations to be deliberate.
Their leader was the first juror released by fate, or one who shall be appointed by them and the consent of the latter.
Before the deliberation, or the Manager of the jurors made them reading the following instruction, that is, in addition, wholesale displayed characters in the most apparent place of the Chamber's deliberations: "Act provides that a conviction may be imposed only if it demonstrated in accepted evidence that the accused is guilty beyond a reasonable doubt facts that him are criminalized." ».
S. 138. article 327bis of the Code, inserted by the Act of 28 November 2000, is repealed.
S. 139. article 328 of the Code is replaced by the following: «art.» 328. the jurors cannot leave the deliberations room after having formed their declaration.
One can enter during the deliberation, for any reason whatsoever, without written permission from the president. It shall enter them only if it is invoked by the foreman of the jury, including to answer questions right, and accompanied his assessors, the accused and his Defender, the civil party and its Board, the public prosecutor and the Registrar. The incident is mentioned in the minutes.
The president is required to give the head of the relevant police service special order and in writing to keep the issues of the House of the deliberations.
The president takes the necessary measures to ensure, during the deliberation of the jury, alternate jurors to communicate with other people.
The Court may punish the offending juror with a fine of one thousand euros at most. Any other that has violated the order, or the one who did not run, may be punished by the same penalty. » Art. 140. article 329 of the Code is replaced by the following: «art.» 329. the jurors deliberate for each defendant on the main fact, and then each of the circumstances. » Art. 141. in the same Code, it is inserted an article 329bis, worded as follows: «art.» 329bis. the questions asked in the context of articles 323 and following will be a vote of bent notes.
For this purpose, the tickets will be printed and filled, with a stamp of the seal of the Court of Assizes.

Up said tickets will appear the words: "honour and conscience, my answer is ';
In the Middle will be included, very legible, the word: "Yes."
And at the bottom will be, very legible, the word: 'no '. » Art. 142. in the same Code, it is inserted an article 329ter, worded as follows: «art.» 329ter. After deliberation, each juror will receive one of these tickets, which will be awarded not folded by the head of the jury.
The juror preferring to answer 'yes '.

hasten the word 'no '. The juror preferring to answer 'no' hasten the word 'yes '.
It then fold the ticket and will present it to the or to the head of the jury, to be loaded in the scheduled ballot box for this purpose. » Art. 143. in the same Code, it is inserted an article 329quater, worded as follows: «art.» 329quater. the president of the Assize Court will the jury questions to which they must respond separately and one after another, first on the main fact and then on each of the aggravating circumstances.
The jury will meet separately and one after another to each question and necessary to each question in the cases provided by article 325. » Art. 144. in the same Code, it is inserted an article 329quinquies, worded as follows: «art.» 329quinquies. the table used in the activities of the Board will be prepared so that nobody can see what each juror. » Art. 145. in the same Code, it is inserted an article 329sexies, worded as follows: «art.» 329sexies. ticket to vote on which the words 'yes' and 'no' or the corresponding Dutch or German words would be both strikethrough or where none of these two words only would be deleted, will be counted as a positive response to the accused.
After each recount votes, tickets will be burned in the presence of the jury. » Art. 146. article 330 of the same Code, as amended by the law of December 21, 1930, is replaced by the following: «art.» 330. after each election, the foreman of the jury the strips in the presence of the jury and immediately record resolution in conjunction with the question, without expressing the number of votes, if this is where the affirmative statement on the main fact allegedly was formed by simple majority. » Art. 147. article 331 of the Code is replaced by the following: «art.» 331. the decision of the Board is formed, for or against the accused, by a majority, on pain of nullity.
In the event of equality of votes, the opinion is favourable to the accused shall prevail. » Art.
148. article 332 of the Code, as last amended by the Act of 3 May 2003, is replaced by the following: «art.» 332. the jurors then enter the courtroom and took their places.
President asks what is the result of their deliberation.
The foreman of the jury said: «In era in geweten jury tot een verklaring gekomen is».
or: "honour and conscience, the jury reached a statement.
or: "Auf Ehre und Gewissen sind die Geschworenen zu einer Erklärung gekommen. » Art. 149. article 333 of the Code, as amended by the Act of 3 May 2003, is replaced by the following: «art.» 333. the declaration is signed by the foreman of the jury and surrender by him to the president, all in the presence of the jury.
President signs, is signed by the clerk and the slides in an envelope which will be closed by the Registrar, all in the presence of the jury. The Registrar shall first take a copy of the declaration. » Art. 150. article 334 of the Code is replaced by the following: «art.» 334. the Court and the jurors withdrew then immediately in the deliberations room.
Without having to meet all of the trademarks conclusions, formulating the main reasons for their decision.
The decision shall be signed by the president, the foreman of the jury and the Registrar. » Art.
151. article 335 of the Code is replaced by the following: «art.» 335. If the accused is found guilty of the main fact that simple majority, the Court. The acquittal is pronounced if the majority of the Court will not endorse the position of the majority of the jury. » Art. 152. article 335bis of the Code, inserted by the Act of 27 December 2005 and amended by the Act of January 16, 2009, is repealed.
S. 153. article 336 of the Code, amended by the Decree of July 19, 1831 and the law of July 10, 1967, is replaced by the following: «art.» 336. If the Court is unanimously convinced the drafting of motivation that the jurors were clearly wrong about the reasons, in particular in relation to the evidence, the content of legal terms or the application of rules of law, that led to the decision, the Court declares, by means of a reasoned judgment, that the case is postponed and returns it to the next session to be subject to a new Board and a new Court. None of the first jurors or judges may be part.
No one has the right to cause this measure; the Court cannot order it that ex officio, the drafting of the motivation on the guilt, and only where the accused has been found guilty; never when he has not been convicted. » Art. 154. article 337 of the Code, as amended by the law of July 10, 1967, is replaced by the following: «art.» 337. the Court and the jurors then enter the courtroom and took their seats.
The president made introduce the accused, opens the envelope containing the statement of the jury, which is paid to the folder, and read out the judgment in his presence. The judgment contains the declaration of the jury and mention should be made, where appropriate, the application of article 335 and motivation.
Except in the case of acquittal and pursuant to article 336, an appeal in cassation against that judgment must be introduced while the appeal in cassation against the final judgment referred to in article 359. » Art.
155. article 338 of the Code is replaced by the following: «art.» 338. when the accused was found not guilty, the president pronounced that he is acquitted of the charge and directs that he be released, if he is not selected for another cause. » Art. 156. article 339 of the Code is replaced by the following: «art.» 339. the accused acquitted by an Assize Court can no longer be prosecuted for the same facts, irrespective of the legal classification attributed to them. » Art. 157. article 340 of the same Code, repealed by Act of 15 may 1912, was re-established in the following wording: «art.» 340 when, in the course of the proceedings, the accused was charged with another fact, either by parts, the testimony of the witnesses, the president, after he is acquitted of the charge, ordered that he be prosecuted at the rate of the new fact; as a result, he returns before the competent prosecutor.
This provision is however performed only in the case where, before the close of the debates, the Crown did reserves at end of pursuit. » Art. 158. in Section 2 of Chapter VI, title II, book II, of the same Code, it is inserted after section 340, subsection 8 entitled "subsection 8. The fixing of the penalty", comprising articles 341-346.
S. 159. article 341 of the same Code, as amended by the law of April 8, 2002, is replaced by the following: «art.» 341. when the accused has been convicted, the Attorney general made requisition for the purposes of the Act.
The Chairman gave the floor to the accused and his counsel.
The accused and his counsel can no longer plead guilt.
The civil party may request that the effects to confiscate owned are returned to him. » Art. 160. article 342 of the Code, as amended by the law of 23 August 1919, is replaced by the following: «art.» 342. the Court discharge the accused, if the fact of which he is convicted does not punishment or public action to the fact on which he is convicted is off. » Art. 161. article 343 of the same Code, as last amended by the Act of June 30, 2000, is replaced by the following: «art.» 343. If the Act is punishable, even if it is no longer be the jurisdiction of the Court of Assizes, the president made remove the accused from the courtroom, and the Court goes, with the jurors in the deliberation room. The college formed, chaired by the president of the Court deliberates on sentencing to decide in accordance with the criminal law and its motivation.
Decisions are taken by an absolute majority of the votes.
The president collects opinions individually; the jurors express themselves first, starting with the youngest, then judges assessors, starting with the last named, and, finally, the Chairman.
If different views are expressed, we will a second time to vote.
If, after this second vote, more than two opinions remain without though none won the absolute majority, the Court or the jurors who expressed the least favourable to the accused opinion are required to meet one of the other views.
If, after that, more than two opinions still exist without though neither won an absolute majority, the provision laid down in paragraph 5 receives again until the moment where absolute majority has expressed a view.
On proposal of the president, it is then decided by an absolute majority, of the formulation of the reasons leading to the determination of the sentence. » Art. 162. article 344 of the Code is replaced by the following: «art.» 344. any judgment of conviction makes mention of the reasons leading to the determination of the sentence.
The judgment contains an indication of the criminal law applied.
» Art. 163. article 345 of the Code, as amended by the Act of 10 October 1967, is replaced by the following: «art.» 345. the accused who succumbs is sentenced to the costs to the State. » Art.
164. article 346 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 346. the Court and the jurors then enter the courtroom and took their seats. The president introduced the accused and gives reading of the judgment; It also shows the text of the Act on which the conviction is based.

After the judgment, the president may, depending on the circumstances, urge the accused to the firmness, resignation or to reform his conduct.
He warns him of the faculty which is granted to appeal in cassation and the term in which the exercise of this power is circumscribed. » Art. 165. in book II, title II, chapter VI of the same Code, it is inserted after article 346, a Section 3, entitled "Section 3. Civilian interests", comprising articles 347 to 352.
S. 166. article 347 of the Code is replaced by the following: «art.» 347. claims damages, formed either by the accused against the civil party, either by the civil party against the accused or the convicted person, are brought to the Court of Assizes.
The civil party is obliged to form its request for damages prior to judgment; later, she is non-responsive. » Art. 167. article 348 of the same Code, as amended by the Act of May 27, 1974, is replaced by the following: «art.» 348. in the case of absolution, as in the case of conviction, the Court, without a jury, on the refunds or damages alleged by the civil party.
It made its request. The accused and his counsel can only plead that the fact does not damages in favour of the civil party or that it raises too high damages owing to him.
The Court becomes aware of parts and hear the parties. » Art. 168. article 349 of the Code is replaced by the following: «Art 349. The Court took the matter under advisement and decide then. » Art. 169. article 350 of the Code is replaced by the following: «art.»
350. the Court condemns the accused who succumbs to the costs towards the civil party; It can condemn the civil party who succumbs to all or part of the costs towards the State and the accused. » Art.
170. article 351 of the Code, as amended by the Act of 10 October 1967, is replaced by the following: «art.» 351. the Court condemns the accused who succumbs to the allowance referred to in article 1022 of the Judicial Code against the civil party. » Art. 171. article 352 of the Code, as amended by the law of July 10, 1967, is replaced by the following: «art.» 352. the Court ordered that the seized items are returned to the owner.
However, if there were a conviction, this restitution is made that in justifying, the owner, that the convicted person left without time to appeal in cassation, or, if it is provided, that the affair is definitely over. » Art.
172. in book II, title II, chapter VI of the same Code, it is inserted after article 352, a Section 4 entitled "Section 4. General provisions', containing the articles 353 and 354.
S.
173. article 353 of the Penal Code is replaced as follows: «art.» 353. the judgments are written by the president, assisted by the Registrar, and signed by them or, if the president is unable to sign, by the most senior judge and the Registrar.
The clerk assists the Court in the different phases of the procedure. » Art. 174. article 354, amended by the law of June 30, 2000, is replaced by the following: «art.» 354. the clerk provides a record of the hearing, in order to see that the prescribed formalities have been observed.
There is mention in the minutes, nor answers of the accused, nor content of such evidence, subject to the application of article 300.
The minutes shall be signed by the president and by the Registrar. » Art.
175. in book II, title II of the Code, it is inserted, after article 354, a chapter VII, entitled ' chapter VII '. Recourse", comprising articles 355 to 359.
S. 176. in book II, title II, Chapter VII of the Code, it is inserted after the title, a 1st, entitled "Section. 1st Section. General provision", with article 355.
S.
177. article 355 of the Code, as amended by the law of June 30, 2000, is replaced by the following: «art.» 355. the judgments of the Court of Assizes cannot, subject to the application of articles of section 2, be attacked through the cassation and in the form determined by law. » Art.
178. in book II, title II, Chapter VII of the same Code, it is inserted after article 355, a Section 2 entitled 'Section 2. Of the opposition", comprising articles 356-358.
S.
179. article 356 of the same Code, as amended by the law of July 10, 1967, is replaced by the following: «art.» 356. the judgments of the Court of Assizes on the conviction of the accused by default are served on it.
The default sentenced may lodge opposition as laid down in article 187. » Art. 180. in the same Code, after article 356, the heading «Section II.
The judgment and execution"existing is repealed.
S. 181. article 357 of the Code is replaced by the following: «art.» 357. the opposition shall be served on the Attorney general and the parties against whom it is directed. » Art. 182. article 358 of the Code, as amended by the law of December 21, 1930, is replaced by the following: «art.» 358. the indictments chamber shall decide on the admissibility of the opposition. If the opposing party or counsel representing does not appear, the opposition is declared void.
If the opposition is declared admissible, the conviction is declared void and the case is tried in accordance with the provisions of chapters V and VI of this title. » Art. 183. in book II, title II, Chapter VII of the Code, it is inserted after article 358, a Section 3 entitled "Section 3. The appeal in cassation"with section 359.
S. 184. article 359 of the Code is replaced as follows: «art.»
359. the convicted person has fifteen clear days after that where the judgment was delivered in his presence to declare in the registry it is appealing to the Supreme Court.
The Attorney general may, within the same period, declare to the registry that it seeks the quashing of the decision.
The prosecution also has the same time;
but it cannot fill that with respect to the provisions relating to civil interests.
During these fifteen days, and, if there has been appeal in cassation until the receipt of the judgment of the Court of cassation, is suspended the execution of the judgment of the Court.
The rules of book II, title III, chapter II shall apply. » Art. 185. in book II, title II, of the same Code, it is inserted, after article 359, a chapter VIII entitled ' chapter VIII '. Execution of the decision", comprising articles 360 to 363.
S. 186. article 360 of the same Code, replaced by the Act of February 26, 1981, is replaced by the following: «art.» 360. the sentence is executed within 24 hours following the time limits referred to in article 359, if there is no appeal in cassation or, in case of appeal, within 24 hours of receipt of the judgment of the Court of cassation, which dismissed the application. » Art. 187. article 361 of the Code is replaced by the following: «art.» 361. the sentence is executed according to the orders of the Attorney general;
It has the right to require directly, for this purpose, the assistance of the security forces.
When the judgment of conviction carries the forfeiture of things or are located or to recover out of the Kingdom, the Crown transmits a copy of the relevant parts of the repressive file to the Minister of Justice. Notify the central organ for seizure and Confiscation by sending a copy.
» Art. 188. article 362 of the Code, replaced by the law of 23 August 1919, is replaced by the following: «art.» 362 when, during the debates that preceded the judgment of conviction, the accused has been charged, either by parts, testimony of witnesses, other crimes than those which he was charged, if these newly evident crimes deserve a more serious than the first sentence, or if the accused accomplices under arrest, the Court ordered that he be prosecuted at the rate of these new facts, according to the forms prescribed by this Code.
In these two cases, the Attorney general stays the execution of the judgment who delivered the first conviction until it ruled on the second trial. » Art. 189. article 363 of the Code, replaced by the law of 23 August 1919, is replaced by the following: «art.» 363. all minutes of judgments at the Assizes are collected and filed in the registry of the Court of first instance of the capital of the province.
Are excepted, the minutes of the judgments of the Court of Assizes of the province or the arrondissement of Brussels-capital seat of the Court of appeal, which remains lodged at the registry of the Court. » Art. 190. in the same Code, inserted a title IIbis, comprising articles 364-371, written as follows: "Title IIbis - General provisions concerning the functions and missions of the public prosecutor."
S. 191. in title IIbis of the same Code, article 364, amended by the acts of the 23 August 1919, 10 July 1967 to 30 June 2000, is replaced by the following: «art.» 364. the Attorney general, either ex officio or by the orders of the Minister of Justice, instructs the Prosecutor to prosecute the offences of which he has knowledge. » Art. 192. article 364bis of the Code, inserted by the Act of 30 June 2000, is repealed.
S. 193. in title IIbis of the same Code, article 365, as amended by the law of 23 August 1919, is replaced by the following: «art.» 365. it receives denunciations and complaints addressed to it directly or by the Court of appeal, either by a public officer, or by a private citizen, and it maintains register.
It transmits it to the Attorney for the King if it falls within its jurisdiction. » Art. 194. in title IIbis of the same Code, article

366, amended by the law of 23 August 1919 and by order No. 252 royal on March 8, 1936, is replaced by the following: «art.» 366. the Attorney general could even present, delegate its functions to a judge delegated by him. This provision is common to the Court of appeal and the Court of Assizes. » Art. 195. in title IIbis of the same Code, article 367, as amended by the law of 23 August 1919, is replaced by the following: «art.» 367. all judicial police officers are subject to surveillance, according to the distinction drawn by the Act, the Attorney general at the Court of appeal or the federal prosecutor.
Under this report only, all those which, according to article 9, are reason for even administrative functions called by the Act to make some acts of judicial police, are subject to the same supervision. » Art. 196. in title IIbis of the same Code, section 368, as amended by the law of 23 August 1919, is replaced by the following: «art.» 368. in the case of negligence of judicial police officers, the Attorney general warns;
This warning is logged by him in a register kept for that purpose. » Art. 197. in title IIbis of the same Code, article 369, as amended by the Act of 21 December 1930, is replaced by the following: «art.» 369. in the case of recidivism, the general prosecutor denounced to the Court of appeal.
On the authorization of the Court of appeal, the Attorney general makes mention to the Council Chamber.
The Court of appeal directed to be more accurate in the future, and condemns them to the costs both of the quote as the expedition and the meaning of the judgment. » Art. 198. article 369bis of the Code, inserted by the Act of April 21, 2007, is repealed.
S. 199. in title IIbis of the same Code, article 370, amended by the law of 23 August 1919, is replaced by the following: «art.»
370. There are recurrence when the official is resumed, for any matter whatsoever, before the expiry of one year, effective agenda for the warning logged in the register. » Art. 200 in title IIbis of the same Code, section 371, amended by the Act of 2 January 1924 and order royal No. 252 of 8 March 1936, is replaced by the following: «art.» 371. the injunction made by the Court of appeal under article 369, as well as about new warning given by the Attorney general to police officers of the local police and the federal police coated quality officer of judicial police auxiliary of the Attorney of the King or a Ranger, even after the expiry of one year from the first warning outmatched deprivation of treatment during a period of eight days. » Art. 201 are repealed: 1 ° article 372 of the same Code, as amended by the Act of June 26, 2000;
2 ° article 373 of the Code, replaced by the law of July 5, 1939 and amended by the Act of June 15, 1981;
3 ° article 375 of the Code;
4 ° article 376 of the Code, as amended by the Act of 27 December 2006;
5 ° articles 377 to 379 of the Code;
6 ° article 380 of the same Code, as amended by the law of July 10, 1967;
7 7 ° ° articles 381 to 385 of the same Code, amended by the Act of 30 June 2000;
8 ° the headings 'chapter v Procedure by default and the opposition», «Section Ire. The Board» and «Section II». The way to train and to convene the jury.
S. 202A article 410, paragraph 2, of the same Code, as amended by the law of 23 August 1919, the following changes are made: 1 ° the words ' of acquittal and» are inserted between the word 'stops' and the word ' absolution '.
2 ° the "363" figure is replaced by the figure '342 ';
3 ° the words ", if the absolution has been pronounced on the basis of non-existence of a criminal law which still existed" are repealed.
S.
203. in article 434 of the Code, as amended by the laws of August 23, 1919 and July 10, 1967, "362" is replaced by "341".
S. 204. in article 594, paragraph 1, of the same Code, repealed by the law of July 10, 1967, restored by the law of 8 August 1997 and amended by the Act of 17 April 2002, 4 ° is repealed.
S. 205 article 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 articles 206. article 92, § 1, first paragraph, of the judiciary, amended Code as last amended by the Act of 13 June 2006, is complemented by an 8 ° as follows: "8 ° business enforcement relating to crimes of imprisonment over twenty years."
S. 207 in article 115 of the same Code, amended by the law of 16 July 1993, paragraph 2 is supplemented by the words "or in the administrative arrondissement of Brussels-capital.
S. 208. in article 116 of the Code, the words "or of the administrative arrondissement of Brussels-capital" shall be inserted between the word "province" and the words ", or other judicial districts to the capital.
S. 209. article 119 of the Code, as amended by the Act of July 31, 2009, is replaced by the following: «art.» 119 § 1. The Assize Court consists of a president and two assessors. She sits with the assistance of the jury. To the statement and the trial of civil actions, she sits without the jury.
§ 2. If proceedings are initiated against at least one person who, pursuant to the law of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and compensation for the damage caused by this fact, is subject to a decision of divestment in the framework of a crime not triable , to be validly constituted, the Assize Court must be composed of at least two judges following the training referred to in article 259sexies, § 1, 1 °, paragraph 3, or article 259sexies, § 1, 2 °, paragraph 2. » Art.
210. in article 120 of the Penal Code, amended by the acts of 13 November 1987 and 9 July 1997, the following changes are made: 1 ° the first paragraph is supplemented by the following sentence: "In order to perform the duties of president of the Assize Court, should have completed specialized training organized by the Institute of judicial training.";
2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "The King establishes the conditions that the president must fill out to be given specialized training."
S.
211. article 121 of the same Code, as amended by the Act of September 23, 1985, is replaced by the following: «art.» 121. assessors are appointed for each case by the first president of the Court of appeal, in consultation with the Chairmen of Court of first instance concerned among the vice-presidents and the oldest rank within the jurisdiction of the Court of appeal judges.
When, as a result of the impediment of one or two assessors, the Assize Court can consist, the first president of the Court of appeal appeals without delay to their replacement.
When before the Court of Assizes of the province of Liège, the procedure is done in German, designated assessors are members of the Court of first instance in Eupen. » Art. 212. article 122 of the 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 requisition of the Attorney general, and acting in General Assembly, decide that one or more of its members that it designates will fill the duties of assessor or assessor substitute instead of the members of the Court of first instance. » Art. 213. article 217 of the same Code, as amended by the law of 5 January 1983, is replaced by the following: «art.» 217. to be worn on the list of jurors, it must fulfil the following conditions: 1 ° be entered in the register of electors;
2 ° enjoy his civil and political rights.
3 ° to be twenty-eight years of age and less than sixty-five years;
4 ° able to read and write;
5 ° had no criminal conviction to imprisonment over four months or sentenced to work more than 60 hours. » Art. 214. in article 218 of the Penal Code, amended by the law of 5 January 1983, the words 'article 14, paragraph 1' are replaced by the words "article 10, § 1.
S. 215. in article 221 of the Code, the words "and in the administrative arrondissement of Brussels-capital" are inserted between the words "in each province" and the words "to obtain the number of required jurors.
S. 216. in article 222 of the Code, the word "thirty" is replaced by "twenty-eight" words and the word "sixty" is replaced by "sixty-five.
S. 217. article 223, first paragraph, of the same Code, as amended by law of September 23, 1985 and July 16, 1993, is replaced by the following: «art.» 223. the Mayor is required to carry out a survey of each of the electors remained on the preparatory list, for the purpose of determining: 1 ° if it can read and write;
2 ° a) in the provinces of Antwerp, West Flanders, East Flanders, Limburg and Flemish Brabant, if he is able to follow the proceedings of the Court of Assizes in Dutch;
(b) in the provinces of Hainaut, Liège, Luxembourg, Namur and Walloon Brabant, if he is able to follow the proceedings of the Court of Assizes in french;
(c) in the borough administrative Brussels-capital, if it is able to follow the debates of the Court of Assizes in french, Dutch or in both languages; in the latter case, the voter can indicate the language he chooses;
(d) in the judicial districts of Verviers and Eupen, if he is able to follow the debates of

the Court of Assizes in french, in German or in both languages; in the latter case, the voter can indicate the language he chooses;
3 ° if it actually performs a function and which;
4 ° if he exercises, primary or not, as a public service and which;
5 ° if it is Minister of a religion recognized by the State or delegated to an organization recognized by law that offer moral assistance according to a non-denominational philosophical conception;
6 ° if it is military in active service;
7 ° if it is in possession of a degree issued by a university or an assimilated, graduated from upper secondary education institution, a diploma or a certificate of technical education created, subsidised or approved by the State or by one of the communities or by a Board of review established under a law or a decree, a teacher or teacher or an associate degree graduate secondary lower level;
8 ° if it is former member of Parliament, federal legislative chambers, parliaments of community and Region, provincial councils, communal councils, councils of agglomeration, councils 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 it is a member or former member of an Advisory Board established under an act or a royal decree;
10 ° if there is for him to the impediments that make impossible the exercise of juror;
11 ° if it received a criminal conviction to a term of imprisonment of more than four months or sentenced to work more than 60 hours. » Art. 218. article 224 of the Code, replaced by the law of 5 January 1983, is replaced by the following: «art.» 224. on the basis of the evidence gathered by the investigation provided for in article 223, the Mayor fails the preparatory list of jurors: 1 ° individuals who cannot read or write;
2 ° those who do not know the language that is used in the procedure at the hearing of the Assize Court near where they would be called upon to perform the duties of a juror;
3 ° the members of the European Parliament, of the federal legislative chambers, parliaments of community and Region, for provincial councils, of communal councils, town councils, 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 mayors;
4 ° the actual magistrates of judicial order, advisors and social and consular judges, assessors for the enforcement of sentences, the Court of cassation referendum, clerks and members of the secretariats of parquet;
5 ° the members of the Council of State, the assessors of the legislation section, the members of the auditor's office, the coordination office, the members of the Council of litigation of foreigners and the registry;
6 ° the members of the Constitutional Court, the referendum about the Constitutional Court and members of the registry;
7 ° the members of the Court of Auditors;
8 ° the Governors of province, District Commissioners and provincial clerks;
9 ° the members of the High Council of Justice;
10 ° the office holders of management or coaching in a Ministerial Department, a federal public service or a public service programming, general staff and directors of administration of ministerial departments of the communities and Regions;
11 ° the soldiers on active service;
12 ° the Ministers of a religion recognized by the State and delegates from organizations recognized by law that offer moral assistance according to a non-denominational philosophical conception;
13 ° individuals who have undergone a criminal conviction to imprisonment over four months or sentenced to work more than 60 hours. » Art. (219. article 231 of the Code, as amended by the law of 10 May 2007, is supplemented by a d) as follows: "d) who have suffered sentenced to imprisonment for more than four months or sentenced to work more than 60 hours."
S.
220. article 233 of the Code is repealed.
S. 221. in article 234 of the Code, the words "or in the administrative arrondissement of Brussels-capital" are inserted between the words "in the province" and the words ", during the period of validity of the list.
S. 222. in article 236 of the Code, the words "and juries to supplement statements" are repealed and the words ' which» shall be replaced by the words "in which".
S. 223. in article 237 of the same Code, as amended by the law of 15 July 1993, the following changes are made: 1 ° in the paragraph 1, the words "or the administrative arrondissement of Brussels-capital" shall be inserted between the words 'capital of the province' and ' to have '.
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 that will be taken in the final list of jurors. This number cannot be less than sixty. » Art. 224. in article 238 of the Penal Code, amended by the law of 15 July 1993, the following changes are made: 1 ° in the paragraph 1, the words "and the same number of names in the statement of the jurors to complement" are repealed;
2 ° paragraph 2 is replaced by the following: "where appropriate, fifteen days before the opening of the discussion, the president of the Court of Assizes, office or on orders of the public prosecutor, charging the president of the Court of first instance of the capital of the province or district of Brussels-capital, conduct within forty-eight hours, the draw of an additional number of names that it determines , in the definitive list of jurors. » Art. 225. in article 239 of the Code, the following changes are made: 1 ° 1 is repealed;
2 ° 2 ° becomes 1 °;
3 3 ° ° is 2 °.
S. 226. in article 240A of the same Code, inserted by the law of March 28, 2000, the words "and statement of additional jurors" are repealed.
S.
227. in article 241 of the Code, the words "staff and supplement jurors ' are hereby repealed.
S.
228. articles 242-253 of the same Code are repealed.
CHAPTER 6. -Provisions amending the law of October 4, 1867, extenuating circumstances art. 229. in article 1 of the law of October 4, 1867, extenuating circumstances, replaced by the law of 23 August 1919 and amended by the Act of 11 July 1994, the following changes are made: 1 ° in the paragraph 1, the words "and causes of excuse" are inserted between the word "criminal", and the word "belongs."
2 ° in paragraph 2, the words "and causes of excuse" are inserted between the words "extenuating circumstances" and the words "will be indicated.
S.
230. article 2 of the Act, replaced by the law of 1 February 1977 and amended by the law of July 11, 1994 and January 23, 2003, is replaced by the following: «art.» 2. where should decide that a lesser penalty because of extenuating circumstances or cause of excuse, the Council or the indictments chamber may, by reasoned order, refer the accused to the Criminal Court.
Similarly, in cases where a statement is not been required, the public prosecutor may, if it considers that there is no reason to require a more severe sentence than a lesser penalty because of mitigating factors or a cause of excuse, quote directly or convene the accused before the correctional tribunal, indicating these extenuating circumstances or the cause of excuse.
Direct quotation or the convening by the Crown, as well as the referral by the Council Chamber or the Chamber of indictments because of extenuating circumstances, are possible only in the following cases: 1 ° if the penalty provided for by law does not exceed 20 years in prison;
2 ° if it is an attempt of crime which is punishable by life imprisonment;
3 ° if there is a crime referred to in article 216, paragraph 2, of the penal Code;
4 ° If there is a crime referred to in article 347 bis, §§ 2 and 4, of the penal Code;
5 ° if there is a crime referred to in article 375, last paragraph, of the penal Code and for which the penalty may, where appropriate, be increased in accordance with article 377bis of the Code;
6 ° if there is a crime referred to in article 408 of the penal Code;
7 ° if there is a crime referred to in articles 428, § 5, and 429 of the penal Code;
8 ° if there is a crime referred to in article 473, last paragraph, of the penal Code;
9 ° if there is a crime referred to in article 474 of the penal Code;
10 ° if there is a crime referred to in article 476 of the penal Code;
11 ° if there is a crime referred to in article 477sexies of the penal Code;
12 ° if there is a crime referred to in article 513, paragraph 2 of the penal Code and for which the penalty may, where appropriate, be increased pursuant to article 514bis of the Code;
13 ° if there is a crime referred to in article 518, paragraph 2, of the penal Code;
14 ° if it is a crime that is referred to in article 530, last paragraph, of the penal Code, which is punished by application of article 531 of the same Code and for which the penalty may, where appropriate, be increased pursuant to article 532bis of the same Code. »

CHAPTER 7. — Provisions amending Act of 20 July 1990 on pre-trial detention s. 231. in article 22, paragraph 2, of the pre-trial detention Act of 20 July 1990, inserted by the law of 31 May 2005, "a fact to which article 2 of the law of October 4, 1867, extenuating circumstances is not applicable" shall be replaced by the words "an offence within the jurisdiction of the Court of Assizes.
S. 232. in the french text of article 26, § 5, paragraph 2, of the Act, the words "the offence" are replaced by the words "of the offence.
CHAPTER 8. -Provision amending the Act of 1 July 1964 of social defence against the abnormal, habitual offenders and perpetrators of certain sexual offences art. 233. in article 10, paragraph 1, of the Act of 1 July 1964 of social defence against the abnormal, habitual offenders and certain sexual offenders, the words "and in article 364 of the Criminal Code, amended by the law of 23 August 1919" are replaced by the words "and in article 343 of the Code of criminal procedure".
CHAPTER 9. -Provision amending Act of April 21, 2007 on the internment of people with a mental disorder art. 234. in article 13, § 2 of the internment of people with a mental disorder Act of April 21, 2007, the figure '364' is replaced by the figure '343 '.
CHAPTER 10. -Provision repealing art. 235. the Act of 15 may 1838 on board is repealed.
CHAPTER 11. -Disposition transitional art. 236. § 1.
For Affairs which will be reviewed by the Court of Assizes after the entry into force of this Act, the following rules shall apply on a transitional basis:-the provisions of this Act apply to the crimes that the indictments chamber has referred to the Court of Assizes after its entry into force;
-cases for which indictments Chamber already rendered a judgment of dismissal before the Assize Court at the time of the entry into force of this Act, but which have not yet been examined before the Assize Court, are handled in accordance with the provisions that were applicable at the time where the order for reference was made, with the exception of articles 341 342, 348-352-357 of the Code of criminal procedure, concerning the motivation of the guilt. Articles 136, 137, 148-151, 153 and 154 of this Act are applicable in this regard and articles 326, 327, 332-337 of the Code of criminal investigation, as they were written before the entry into force of this Act, shall remain in force on a transitional basis.
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2. Articles 213 and 216 to 219 of this Act apply to the constitutions of the lists of jurors who will take place after the entry into force of this Act. In the meantime, the currently lists of jurors remain valid. » CHAPTER 12. -Entry into force art. 237. this Act comes into force ten days after its publication in the Moniteur belge, except:-article 6, article 289, § 4, of the Code of criminal procedure referred to in article 91, and article 210, which enter into force on the date fixed by the King;
-articles 5, 8, 9, 14, 229 and 230, which enter into force the first day of the fourth month following that of the publication of the law in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2009.
ALBERT by the King: the Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. Davis _ Note (1) Senate Documents: 4 - 924 - 2007/2008: No. 1: Bill of Mr. Mahoux.
4 - 924 - 2008/2009: No.2: opinion of the High Council of Justice.
No. 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
See also: annals of the Senate: July 16, 2009.
House of representatives Documents: 52-2127-2008/2009: No. 1: draft transmitted by the Senate.
No. 2: Notice of the State Council.
No. 3-5: amendments.
52 - 2127 - 2009/2010: No. 6: notice of the State Council.
No. 7: amendments.
No. 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: October 29, 2009.
Senate Documents: 4 - 924 - 2009/2010: No. 6: draft amended by the House of representatives and sent to the Senate.
No. 7: amendments.
No. 8: report.
No. 9: Text adopted in plenary meeting and submitted to Royal assent.
See also: annals of the Senate: December 10, 2009.