Act To Amend Articles 259A, 314Bis, 504Quater, 550Bis And 550Ter Of The Criminal Code (1)

Original Language Title: Loi modifiant les articles 259bis, 314bis, 504quater, 550bis et 550ter du Code pénal (1)

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Posted the: 2006-09-12 Numac: 2006009679 FEDERAL JUSTICE PUBLIC SERVICE May 15, 2006. -Law amending articles 259a, 314bis, 504quater, 550bis and 550ter of the Criminal Code (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The House had passed and we endorse the following: chapter I:. -Available general Article 1. This Act rule a matter referred to in article 78 of the Constitution.
CHAPTER II. -Provisions amending the penal Code art. 2A article 259a of the penal Code, inserted by the law of 30 June 1994 and amended by the Act of April 3, 2003, the following changes are made: 1 ° a new § 2A is inserted before the § 3, as follows: "§ 2A.» Shall be punished by a term of imprisonment of six months to two years and a fine of five hundred euro at twenty thousand euros or one of these penalties only, any officer or public officer, custodian or agent of the public force who, on the occasion of the exercise of its functions, off cases provided by law or without complying with the formalities prescribed unduly, has, produces, sells, gets to its use, imports, broadcasts or makes available another form to a device, including computer data, primarily designed or adapted to give the commission of the offence in the § 1.
»;
2 ° in § 3, the words «§§ 1 or 2» are replaced by the words "§§ 1, 2 or 2A.
3 ° in § 4, the words 'provided for in §§ 1, 2 and 3' shall be replaced by the words "provided for in §§ 1 to 3", and the words "article 314bis, §§ 1, 2 or 3" are replaced by the words "article 314bis, §§ 1 3.
S. 3. at article 314bis of the Code, inserted by the law of 30 June 1994, the following changes are made: 1 ° it is inserted before the current paragraph 3 a new § 2A, as follows: "§ 2A.» Shall be punished by imprisonment from six months to one year and a fine of two hundred euro to ten thousand euros or one of those penalties only, one that unduly, owns, produces, sells gets for its use, imports, distributes or makes available another form to a device, including computer data, primarily designed or adapted to give the commission of the offence in the § 1. »;
2 ° in § 3, the words «§§ 1 or 2» are replaced by the words "§§ 1, 2 or 2A.
3 ° in § 4, the words "referred to in the §§ 1, 2 and 3" are replaced by the words "provided for in §§ 1 to 3", and the words "in article 259a, §§ 1, 2 or 3» are replaced by the words" in article 259a, §§ 1 3.
S. 4 A article 504quater, § 1, of the same Code, inserted by the Act of 28 November 2000, "The one who obtains, for oneself or for others, a fraudulent heritage benefit" shall be replaced by the words "He who seeks to procure for himself or for another person, with intent to defraud, unlawful economic advantage" and the words "possible utilization" are replaced by the words "normal use".
S. 5. article 550bis, § 5, of the same Code, inserted by the Act of November 28, 2000, is replaced by the following provision: "§ § 5 5.» One that unduly, has produced, sells, gets to its use, imports, distributes or makes available in another form, a any device, including computer data, primarily designed or adapted to enable the commission of the offences provided for in §§ 1 to 4, is punished by imprisonment of six months to three years and a fine of twenty-six hundred thousand euros or one of those penalties only. ».
S. 6 A article 550ter of the Code, inserted by the Act of 28 November 2000, the following changes are made: 1 ° the § 1 is replaced by the following provision: «§ 1.» One who, knowing that he is is not allowed, directly or indirectly, introduced in a computer system, amend or delete data, or which changes by any technological means normal use of data in a computer system, is punished by imprisonment of six months to three years and a fine of twenty to twenty-five thousand euros or one of those penalties only.
If the offence referred to in paragraph 1 is committed with fraudulent intent or for the purpose of harm, the sentence of imprisonment is six months to five years. »;
2 ° § 4 is replaced by the following provision: "§ § 4 4» One that unduly, has produced, sells, gets for its use, imports, distributes or makes available in another form, including computer data device, primarily designed or adapted to give the commission of offences in the §§ 1 to 3, while he knows that these data can be used to cause damage to data or prevent ', totally or partially, the correct operation of a computer system, is punishable by imprisonment from six months to three years and a fine of twenty - six euros at one hundred thousand euros or one of those penalties only ".
3 ° is added a § 6, as follows: ' ' § § 6 6 The attempt to commit the offence in the § 1 shall be punished by the same penalties. ».
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, May 15, 2006.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX. the Minister of the economy, energy, foreign trade and science policy, M. VERWILGHEN Scellé the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Note (1) Session 2003-2004: House of representatives: Documents. -Bill: 51-1284, no. 1. -Amendments: 51-1284, our 2-7. -Report on behalf of the Committee: 51-1284, no. 8. -Text adopted by the commission: 51-1284, no. 9. -Amendment submitted after the filing of the report: 51-1284, no. 10. -Text adopted in plenary meeting and transmitted to the Senate: 51-1284, no. 11.
See also: full report: April 21, 2005.

Session 2004-2005: Senate: Documents. -Project mentioned by the Senate: 3-1135, no. 1. -Amendment: 3-1135, no. 2. -Report on behalf of the Committee: 3-1135, no. 3. -Text amended by the commission: 3-1135, no. 4. -Text amended by the Senate and returned to the House of representatives: 3-1135, no. 5.
Annals of the Senate: June 30, 2005.
House of representatives: Documents.
– Draft amended by the Senate: 51-1284, no. 12.
Session 2005-2006: report on behalf of the Committee: 51-1284, no. 13. -Text adopted in plenary meeting and submitted to the Royal assent: 51-1284, no. 14.
See also: full report: April 20, 2006.