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An Act To Amend Section 119 Of The Judicial Code And Article 57A Of The Act Of 8 April 1965 On The Protection Of Youth, Support Of Minors Who Have Committed An Act Classified As Offence And The Repair Of The Damage Caused By This Fact

Original Language Title: Loi modifiant l'article 119 du Code judiciaire et l'article 57bis de la loi du 8 avril 1965 relative à la protection de la jeunesse, à la prise en charge des mineurs ayant commis un fait qualifié infraction et à la réparation du dommage causé par ce fait

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belgiquelex.be - Carrefour Bank of Legislation

31 JULY 2009. - An Act to amend section 119 of the Judicial Code and section 57bis of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following.
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Provision amending the Judicial Code
Art. 2. Article 119 of the Judiciary Code is supplemented by a paragraph, which reads as follows:
"If the prosecution is carried out against at least one person who has been the subject of a divestiture decision, pursuant to the Act of 8 April 1965 on the protection of the youth, the care of minors who have committed an offence and the reparation of the damage caused by this fact, within the framework of a non-remedial crime, the Court of Assises, in order to be validly composed, must include two magistrates having supervised byer, 1°, paragraph 3, required for the performance of the duties of judge in the youth court. »
CHAPTER III. - Provision to amend the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation of Damage caused by this fact
Art. 3. In Article 57bis, § 1erParagraph 1er, of the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation caused by this fact, inserted by the Act of 13 June 2006 and partially annulled by the Constitutional Court Decision No. 49/2008, the words "or, if the person concerned is suspected of having committed a non-correcognizable crime, the competent jurisdiction under the common law, if are replaced by the words "either, if the person concerned is suspected of having committed a non-remedial crime, a trial court composed in accordance with the provisions of Article 119, paragraph 2, of the Judiciary Code, if applicable."
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given to Trapani, July 31, 2009.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) 2007-2008-2009:
House of Representatives.
Documents. - Doc. 52-1149. - No. 1: Proposal for a law by Mr. Baeselen and others. - No. 2: Amendments. - Number three: Report. - No. 4: Text adopted by the commission. - No. 5: Text adopted in plenary session and transmitted to the Senate.
See also:
Full report 12 February 2009:
Senate.
Documents. - 4-1175. - No. 1: Project transmitted by the House of Representatives. - Number two: Report. - No. 3: Text adopted in plenary and subject to Royal Assent.
See also:
Annales of the Senate July 15 and 16, 2009.