3 DECEMBER 2006. - An Act to amend various legal provisions in social criminal law (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Judicial Code
Art. 2. Section 76 of the Judicial Code, as amended by the Act of 28 March 2000, the Act of 15 May 2006 amending the legislation relating to the protection of youth and the care of minors who have committed a crime and the Act of 17 May 2006 establishing courts of enforcement of sentences, is supplemented by the following paragraph:
"A correctional board at least knows in particular the offences of laws and regulations relating to one of the matters that fall within the jurisdiction of the labour courts and, in the event of competition or connexity, the offences cited with one or more offences that are not within the jurisdiction of the labour courts. "
Art. 3. Section 78 of the same Code, as amended by the Act of 15 May 2006 amending legislation on the protection of youth and the care of minors who have committed a crime, and the Act of 17 May 2006 establishing courts of enforcement of sentences, is supplemented by the following paragraphs:
"When the specialized correctional board referred to in section 76, paragraph 6, consists of a judge, the judge receives a continuing specialized training in the training of judges referred to in section 259bis -9, § 2.
When the Specialized Correctional Chamber referred to in section 76, paragraph 6, consists of three judges, it consists of two judges of the Court of First Instance and a judge of the Labour Court. "
Art. 4. Article 88, § 1^erParagraph 1^er, of the same Code, as amended by the Act of 15 July 1970, is replaced by the following paragraph:
"The special regulation of each court shall be established by the King, on the advice of the first president of the Court of Appeal, the first president of the Labour Court, the Attorney General and, as the case may be, the President of the Court of First Instance, the President of the Labour Court or the President of the Commercial Court, the Crown Prosecutor or the Labour Auditor, the Chief Clerk of the Court and the Bar Association. The opinion of the Chairperson of the Labour Court is also required for the specialized correctional chambers referred to in section 76, paragraph 6. "
Art. 5. An article 99bis, which reads as follows, is included in the second part, book 1, title 1, chapter II, section IX, of the same Code:
"Art. 99bis. In each borough of the court's jurisdiction, the first president of the labour court delegated by order, a judge in the labour court's jurisdiction who accepts this delegation, to serve as a supplementary member in a special correctional chamber referred to in section 76, paragraph 6.
The delegation is valid for a one-year renewable period.
The judge in the Labour Court whose delegation to the Specialized Correctional Chamber ends continues to sit in this chamber in cases under debate or in deliberation until final judgment. "
Art. 6. Section 101 of the Code, as amended by the Acts of 19 July 1985, 22 December 1998 and the Act of 15 May 2006 amending the legislation relating to the protection of youth and the care of minors who have committed a crime, are amended as follows:
1° the following paragraph is inserted between paragraphs 2 and 3:
"A correctional board at least hears appeals against judgments in the matters referred to in section 76, paragraph 6,"
2° Article 101 is supplemented by the following paragraph:
"The Specialized Correctional Chamber, referred to in paragraph 3, is composed of two counsellors to the Court of Appeal, including the Chair, and one advisor to the Labour Court. "
Art. 7. Article 106, paragraph 1^erthe same Code, as amended by the Law of 1^er December 1994 is supplemented as follows:
"For the specialized correctional board referred to in section 101, paragraph 3, the opinion of the first president of the labour court is also required. "
Art. 8. An article 113ter, which reads as follows, is inserted in the second part, book 1, title 1, chapter III, section V, of the same Code:
"Art 113ter. The first president of the Labour Court delegates by order, after having previously taken the advice of the first president of the Court of Appeal, an adviser to the Labour Court who accepts this delegation to serve as a complementary member in a special correctional chamber referred to in section 101, paragraph 3.
The delegation is valid for a one-year renewable period.
Renewal shall take place on notice of the first president of the Court of Appeal.
The adviser to the Labour Court whose delegation to the Specialized Correctional Chamber ends continues to sit in this chamber in matters under debate or in deliberation until the final judgment. "
Art. 9. Section 138 of the Code, as amended by the Acts of 22 December 1998 and 12 April 2004, is replaced by the following provision:
"Art. 138. Subject to the provisions of section 141, the Public Prosecutor's Office shall exercise public action in the manner determined by law.
In each court of appeal, the Attorney General, the King's Attorneys and the Labour Auditors ensure, in a concerted manner, the consistent and integrated exercise of public action. To this end, the Attorney General shall, at least once a quarter, bring together the King's prosecutors. It also brings together, as appropriate, the auditors of work.
Except as provided by the law of June 25, 1998 regulating the criminal responsibility of ministers and by the special law of June 25, 1998 regulating the criminal responsibility of members of community and regional governments, as well as by sections 479 to 503bis of the Code of Criminal Investigation, the functions of the Public Prosecutor's Office to the Correctional Chambers of the Court of Appeal, the Chamber of indictments and the Court of Appeals may be exercised, The magistrate exercises these functions under the direction and supervision of the Attorney General.
The functions of the Public Prosecutor's Office in the Correctional Court may be exercised, as the case may be, by a Public Prosecutor's Office at the Court of Appeal or the Auditor General of Labour, with the consent, as the case may be, of the Crown Prosecutor or the Labour Auditor and of the Attorney General at the Court of Appeal. The magistrate exercises these functions under the supervision and supervision of the Crown Prosecutor or the Labour Auditor.
The provisions of paragraphs 3 and 4 are applicable to proceedings before the youth court and the youth court of the court of appeal against persons prosecuted because of an offence committed before the age of eighteen years. "
Art. 10. An article 138bis, as follows, is inserted in the second part, Book I, Title II, of the same Code:
"Art. 138bis. § 1^er. In civil matters, the Public Prosecutor's Office intervenes through action, requisition or notice. The Public Prosecutor's Office shall act as an ex officio in the cases specified by law and in addition whenever the public order requires its intervention.
§ 2. For offences under the laws and regulations that fall within the jurisdiction of the labour courts and which affect the whole or part of the workers of a company, the labour auditor may, on his or her own motion, in accordance with the formalities of this Code, bring an action to the labour court, in order to make known the offences of the so-called laws and regulations.
In the event of competition or connexity of such offences with one or more offences to other legal provisions that are not within the jurisdiction of the labour courts, the auditor of work shall transmit a copy of the file to the Crown Prosecutor for the purpose of exercising public action for the latter offences.
Action referred to in paragraph 1^er may no longer be exercised if the public action has been brought or if, pursuant to Article 7, § 4, paragraph 2, of the Act of 30 June 1971 on administrative fines applicable in the event of a violation of certain social laws, the notification of the amount of the administrative fine has been made. "
Art. 11. An article 138ter, as follows, is inserted in the second part, Book I, Title II, of the same Code:
"Art. 138ter. In all disputes that fall within the jurisdiction of the labour courts, the Public Prosecutor's Office in the labour courts may require the Minister or competent public institutions or services to obtain the necessary administrative information. This may require the assistance of officials responsible by the competent administrative authority to monitor the application of the legal and regulatory provisions referred to in sections 578 to 583. "
Art. 12. In Article 341, § 1^er, 2°, of the same Code, as amended by the Act of 22 December 1998 and the Act of 15 May 2006 amending the legislation on the protection of youth and the care of minors who have committed a crime, the words "paragraph 3" are replaced by the words "paragraph 4".
Art. 13. Section 578 of the Code, amended by the Acts of 5 December 1968, 4 August 1978, 17 July 1997, 13 February 1998, 7 May 1999, 17 June 2002, 20 December 2002, 28 January 2003, 25 February 2003, 8 April 2003 and 13 December 2005, is supplemented as follows:
"17° of the action referred to in Article 138bis, § 2, paragraph 1^er. "
Art. 14. Section 764, paragraph 2, of the same Code, replaced by the Act of 3 August 1992, is supplemented as follows:
"The ex officio communication cannot be ordered for the action referred to in Article 138bis, § 2, paragraph 1^er. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 December 2006.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
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Note
(1) Session 2004-2005.
House of Representatives.
Parliamentary documents. - Bill, 51-1610 - No. 1. - Opinion of the Superior Council of Justice, 51-1610 - No. 2.
Session 2005-2006.
House of Representatives.
Parliamentary documents. - Amendment, 51-1610 - No. 3. - Amendments, 51-1610 - No. 4. - Opinion of the National Labour Council, 51-1610 - No. 5. - Amendments, 51-1610 - No. 6. - Amendment, 51-1610 - No. 7. - Report made on behalf of the commission, 51-1610 - No. 8. - Text adopted by the commission, 51-1610 - No. 9. - Text adopted by the comission, 51-1610 - No. 10. - Text adopted in plenary and transmitted to the Senate, 51-1610 - No. 11.
Session 2006-2007.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, 3-1755 - No. 1. - Report made on behalf of the Commission, 3-1755 - No. 2. - Text adopted in plenary and subject to Royal Assent, 3-1755 - No. 3.
Annales of the Senate. - 16 November 2006.