15 MAI 2006. - An Act to amend sections 259bis, 314bis, 504quater, 550bis and 550ter of the Criminal Code (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 78 of the Constitution.
CHAPTER II. - Provisions amending the Criminal Code
Art. 2. In section 259bis of the Criminal Code, inserted by the Act of 30 June 1994 and amended by the Act of 3 April 2003, the following amendments are made:
1° a new § 2bis is inserted before § 3, which reads as follows:
Ҥ 2bis. shall be punished by imprisonment of six months to two years and by a fine of five hundred euros to twenty thousand euros or of one of these penalties only, any officer or public official, depositary or agent of the public force who, on the occasion of the exercise of his duties, excluding the cases provided by the law or without respect the formalities that it prescribes, unduly, possesses, produces, sells, obtains in view of its use, imports,^er.
2° in § 3, the words “§§ 1^er or 2 are replaced by the words “§§ 1^er2 or 2 bis;
3° in § 4, the words "as provided in §§ 1^er, 2 and 3 are replaced by the words "as provided in §§ 1^er to 3", and the words "to Article 314bis, §§ 1^er, 2 or 3" are replaced by the words "in article 314bis, §§ 1^er to 3".
Art. 3. In section 314bis of the same Code, inserted by the Act of 30 June 1994, the following amendments are made:
1° it is inserted before the present § 3 a new § 2bis, which reads as follows:
“§ 2bis. Will be punished by imprisonment from six months to one year and a fine of two hundred euros to ten thousand euros or one of these penalties only, who, unduly, possesses, produces, sells obtains for its use, imports, diffuses or makes available in another form a device, including computer data, mainly designed or adapted to allow the commission of the offence under § 1^er.
2° in § 3, the words “§§ 1^er or 2 are replaced by the words “§§ 1^er2 or 2 bis;
3° to § 4, the words "as provided in §§ 1^er, 2 and 3 are replaced by the words "as provided in §§ 1^er to 3", and the words "in Article 259bis, §§ 1^er, 2 or 3" are replaced by the words "in article 259bis, §§ 1^er to 3".
Art. 4. Article 504quater, § 1^er, of the same Code, inserted by the law of November 28, 2000, the words "Whoever obtains, for himself or for others, a fraudulent heritage advantage" are replaced by the words "He who seeks to obtain, for himself or for others, with fraudulent intention, an illegal economic advantage" and the words "possible use" are replaced by the words "normal use".
Art. 5. Article 550bis, § 5, of the same Code, inserted by the law of 28 November 2000, is replaced by the following provision:
“§ 5. Who, unduly, possesses, produces, sells, obtains for its use, imports, distributes or makes available in another form, any device, including computer data, primarily designed or adapted to allow the commission of the offences provided for in §§ 1^er to 4, is punishable by imprisonment from six months to three years and a fine of twenty-six euros to one hundred thousand euros or one of these penalties only. "
Art. 6. In section 550ter of the same Code, inserted by the Act of 28 November 2000, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. Anyone who, knowing that it is not authorized, directly or indirectly, to introduce into a computer system, to modify or delete data, or to modify by any technological means the normal use of data in a computer system, is punished by imprisonment from six months to three years and a fine of twenty-six euros to come-five thousand euros or one of these penalties only.
If the offence referred to in paragraph 1^er is committed with fraudulent intent or with the aim of harm, the prison sentence is six months to five years. »;
2° § 4 is replaced by the following provision:
“§4. Who, unduly, possesses, produces, sells, obtains for its use, imports, distributes or makes available in another form, a device including computer data, mainly designed or adapted to allow the commission of offences provided for in §§ 1^er at 3, while he knows that these data can be used to cause damage to data or to prevent, totally or partially, the correct functioning of a computer system, is punishable by imprisonment from six months to three years and a fine of ving-six euros to one hundred thousand euros or one of these penalties only";
3° it is added a § 6, written as follows:
“§ 6. The attempt to commit the offence referred to in § 1^er is punished with the same penalties. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2006.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Economy, Energy, Foreign Trade
and the Science Policy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2003-2004:
House of Representatives:
Documents. - Bill: 51-1284, No. 1. - Amendments: 51-1284, n^bones 2 to 7. Report made on behalf of the Commission: 51-1284, No. 8. - Text adopted by the Commission: 51-1284, No. 9. - Amendment submitted after the report is filed: 51-1284, No. 10. - Text adopted in plenary and transmitted to the Senate: 51-1284, No. 11.
See also: Full transcript: April 21, 2005.
2004-2005:
Senate:
Documents. - Project referred to by the Senate: 3-1135, No. 1. - Amendment: 3-1135, No. 2. - Report made on behalf of the commission: 3-1135, No. 3. - Text amended by the Commission: 3-1135, No. 4. - Text amended by the Senate and referred to the House of Representatives: 3-1135, No. 5.
Annales du Sénat : 30 juin 2005.
House of Representatives:
Documents. - Draft amended by the Senate: 51-1284, No. 12.
Session 2005-2006 :
Report made on behalf of the Commission: 51-1284, No. 13. - Text adopted in plenary and subject to Royal Assent: 51-1284, No. 14.
See also: Full transcript: April 20, 2006.