21 JUIN 2006. - An Act to amend certain provisions of the Judicial Code concerning the Bar and Disciplinary Procedure applicable to members of the Court

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. An article 432bis, as follows, is included in the Judicial Code:
"Art. 432bis. A person who requests a registration or is the subject of an omission may appeal to decisions made by the College's counsel to the appeal discipline board.
The appeal shall be notified by registered letter to the position addressed to the Chair of the Appeal Discipline Board, within fifteen days of notification of the decision. "
Art. 3. Section 435 of the same Code is replaced by the following provision:
"Art. 435. The obligations of the internship are determined by the College's Council, without prejudice to the powers assigned to the Order of Francophone and German-speaking Bars and to the Orde van Vlaamse Balies under section 495.
Except as provided by the College authorities, the internship cannot be interrupted or suspended.
The College Council organizes the courses for the training of interns lawyers. It ensures the completion of all the obligations of the internship, which it may, if any, extend the duration, without prejudice to the right to refuse entry to the table.
A trainee who does not justify, no later than five years after his entry to the list of trainees, having fulfilled all the obligations established by his bar, may be omitted from the list. »
Art. 4. An article 446ter, as follows, is inserted in the second part, book III, title 1, chapter II of the same Code:
"Art. 446ter. Lawyers tax their fees with the discretion that they should be expected in the exercise of their duties. Any pact on fees exclusively related to the outcome of the contestation is prohibited to them.
In the event that the fixation exceeds the limits of a fair moderation, the College's counsel reduces it, in particular with regard to the importance of the cause and the nature of the work, subject to the restitutions that it orders, if any, all without prejudice to the right of the party to seek justice if the cause is not subject to arbitration.
If the case is brought before the court, it is dealt with in a public hearing, unless the parties jointly request that it be dealt with in the board's chamber.
In addition, the court may, at the request of the most diligent party, order by reason of decision that the matter be dealt with in the board's chamber for the whole or part of the proceedings, in the interest of morality or public order, where the interests of the juveniles or the protection of the privacy of the parties to the trial require it, or to the extent deemed strictly necessary by the court, when, in special circumstances, the publicity would be infringed "
Art. 5. Section 455 of the same Code, repealed by the Act of 23 November 1998, is reinstated in the following wording:
"Art. 455. The College's Council is responsible for safeguarding the honour of the Bar Association and maintaining the principles of dignity, probity and delicacy that form the basis of their profession and must guarantee an adequate exercise of the profession. "
Art. 6. In the second part, book III, title first, chapter IV, of the same Code, it is inserted, after section 455, the following title:
“Section 1^re. Discipline advice »
Art. 7. Section 456 of the same Code is replaced by the following provision:
"Art. 456. It is established, at the headquarters of each court of appeal, a disciplinary council, which is responsible for punishing violations of the honour of the Order and the principles of dignity, probity and delicacy that form the basis of the profession and must guarantee an adequate exercise of the profession, as well as violations of the regulations, without prejudice to the jurisdiction of the courts, if applicable. »
In the Brussels Court of Appeal, there are two disciplinary councils, one for the French-speaking Orders and one for the Dutch-speaking Orders.
These disciplinary councils are competent for lawyers belonging to the relevant Court of Appeals Orders.
With respect to the president, chamber chairs, assessors and alternate assessors, secretaries and deputy secretaries of the Disciplinary Council and lawyers members of the appeal discipline board, and with respect to the staff and members of the boards of the Order, the disciplinary procedure at first instance is the competence of the disciplinary council of another jurisdiction, designated by the president of the appeal discipline board. The disciplinary investigation shall be conducted in such cases by the sticker or, where appropriate, by the chair of the disciplinary board of the jurisdiction in question. "
Art. 8. Section 457 of the same Code is replaced by the following provision:
"Art. 457. § 1^er. The discipline board is composed of one or more rooms.
§ 2. The Disciplinary Board includes a Chair, who is responsible for the referral of the Disciplinary Board. The president does not sit on the Disciplinary Board.
The president of the Disciplinary Council is elected for a period of three years by the Orders' stickers belonging to the Order of the French-speaking and German-speaking Bars, on the one hand, and to the Orde van Vlaamse Balies, on the other.
§ 3. The Disciplinary Board includes a secretary and two alternate secretaries.
§ 4. The advice of the Order of each bar that is part of the jurisdiction concerned shall be at least two effective members and two alternate members to be part of the Disciplinary Board.
The president and the chairs of chambers are chosen from the former stickers.
The assessors are chosen from the former members of the College's councils.
Every three years, at the beginning of the judicial year, the staff members of the Court of Appeal established the list of chamber chairs and actual and alternate assessors. They also designate the secretary and alternate secretaries.
The rank of the chairs and assessors on the lists is determined taking into account a balance between the bars that make up the spring and the number of their members.
The terms of office of president, chamber chair, assessor and secretary, as well as their alternates, are renewable.
§ 5. The Disciplinary Board sits on a chamber chair, four assessors and a secretary who does not participate in the deliberation. The Disciplinary Board includes at least one member of the lawyer's bar against whom disciplinary proceedings are prosecuted.
The discipline council at the headquarters of the Court of Appeal in Liège includes a room composed of at least two members who know the German language and the French language and are not part of the Eupen bar.
§ 6. The secretary composes the rooms. The president and assessors are called, unless otherwise prevented, in the order of their rank. »
Art. 9. An article 457bis, as follows, is inserted in the same Code:
"Art. 457bis. The procedure before the Disciplinary Council is followed in the College's language of which the lawyer is charged.
Without prejudice to Article 457, § 5, paragraph 2, all members of the seat must know the language of the proceedings.
However, when the disciplinary procedure concerns a German-speaking lawyer, the latter is allowed to speak in German. »
Art. 10. Section 458 of the same Code is replaced by the following provision:
"Art. 458. § 1^er. The sticker receives and examines complaints concerning the lawyers of its Order. To be admissible, the complaints are filed in writing, must be signed and dated and must contain the complainant's complete identity. The staff member may also conduct an ex officio investigation or the written denunciations of the Attorney General.
The sticker conducts the investigation or designates an investigator, whose mission and skills it defines. The complainant and the lawyer who is the subject of the investigation are informed in writing of the initiation of the investigation.
The complainant has the right to be heard during the investigation and may, where appropriate, provide additional information and evidence.
The statements of the complainant, counsel and witnesses are recorded in a minutes. A copy of the minutes of their statements shall be provided to the persons heard upon request.
A lawyer who is subject to a disciplinary investigation may, in the course of the disciplinary investigation, be assisted by the lawyer of his choice, but may not be represented.
§ 2. The sticker who, after investigation, considers that the lawyer must be brought before the discipline board, forwards the file and its decision motivated to the chair of the discipline board for the purpose of convening under section 459. He informs the lawyer and the complainant.
If the sticker considers that the complaint is non-receivable, is unfounded or a venial nature, it shall inform the complainant and the lawyer in writing. The complainant may challenge the decision within three months, by registered letter to the position addressed to the Chair of the Disciplinary Board.
The lawyer or the complainant may also address the latter within the same time and in the same form if the sticker has not made a decision to leave or prosecute within six months of the filing of the complaint.
§ 3. The chair of the Disciplinary Board who is seized of the matter by the lawyer or the complainant may act as follows within three months of the referral:
1 if he finds that the investigation of the sticker is not yet open, is still in progress or is not complete, he or she may or may invite the sticker to complete the investigation within a time limit that he or she determines, or to instruct the complaint himself or to designate an investigator, whose mission and skills he or she defines. In the latter case, the sticker dives from the case and transmits its file immediately to the chair of the Disciplinary Board;
2 may refuse by a reasoned and written decision, if any after an investigation, to follow up on a non-receivable, unfounded or venial complaint;
If necessary after an investigation, he or she may decide that the lawyer must appear before the Disciplinary Board, in which case section 459 is applied.
The sticker, the lawyer and the complainant receive in all cases a copy of this decision, which is not subject to appeal. "
Art. 11. Section 459 of the same Code, as amended by the Act of 19 November 1992, is replaced by the following provision:
"Art. 459. § 1^er. The Disciplinary Board is involved in disciplinary matters, at the initiative of the solicitor's staff or, in the case referred to in section 458, § 3, paragraph 1^er3, the president of the Disciplinary Council.
The chair of the Disciplinary Board shall summon the lawyer, on his or her own motion or at the request of the sticker, by registered letter to the position to appear before the Disciplinary Board. The summons mentions the facts against him. In case of invalidity, the time limit for convening is at least 15 days.
The Chairperson shall inform the complainant of the date and place of the hearing.
§ 2. The Disciplinary Board shall treat the matter in public hearing unless the lawyer concerned requests the closed hearing.
The Disciplinary Board may also sit in private for all or part of the proceedings in the interest of morality or public order, where the interests of the juveniles or the protection of the privacy of the prosecuted lawyer require it, or to the extent deemed strictly necessary by the Disciplinary Board, where in special circumstances, the advertisement would be of a nature to affect the interests of the administration of justice.
The complainant is, at his request, heard at the hearing and possibly confronted with the lawyer concerned.
The investigator is heard at the hearing in his report. »
Art. 12. Section 460 of the same Code, as amended by the Act of 22 November 2001, is replaced by the following provision:
"Art. 460. The Disciplinary Council may, by a reasoned decision, as the case may be, notify, reprimand, suspend for a period not exceeding one year, remove from the table, from the list of lawyers who practise their profession under the professional title of another Member State of the European Union or from the list of trainees.
A lawyer who for the second time has a suspended sentence may, under the same decision, be removed from the table, from the list of lawyers who practise their profession under the professional title of another Member State of the European Union or from the list of interns.
The Disciplinary Council may add to the penalties for reprimand or suspension, the prohibition to take part in the vote provided for in section 450 for a period that may not exceed three years, in case of reprimand, and five years, in case of suspension, as well as the ineligibility at the same time to the function of a sticker or member of the Council of the Order, a member of the General Council or the Board of Directors of the French-Language
The Disciplinary Council shall, on a reasoned basis, decide whether to make public the suspension and delisting penalties and, where appropriate, in what form.
The Disciplinary Board may suspend the award of the conviction or suspend the performance of the disciplinary penalty, if any, under the specific conditions that it sets. In the event of non-compliance, the President summons the lawyer, pursuant to section 459, on his or her own motion or at the request of the sticker, to a hearing of the disciplinary council with a view to either serving a sentence or revoking the stay.
The Disciplinary Board may, in its award, charge the costs incurred by the investigator and the hearing instruction to the lawyer concerned. »
Art. 13. Section 461 of the same Code, as amended by the Act of 22 November 2001, is replaced by the following provision:
“Art. 461. § 1^er. Suspension or delisting penalties are mentioned, in relation to the names of those who are the subject, in a register that is held at the secretariat of the bar and the Order of the French- and German-speaking bars or the Orde van Vlaamse balies and that lawyers can consult.
§ 2. Within eight days of its pronunciation, any disciplinary award shall be notified by the Secretary of the Disciplinary Council to the lawyer, his staff member and the Attorney General by registered letter to the position.
The sticker or, where appropriate, when the person has seized the discipline board, the chair of the discipline board may, if the complainant so requests, provide the person orally or in writing with the information that he or she considers appropriate with respect to the decision made, as well as the remedies for which it is the subject.
A copy of all sentences is sent to the Order of French-speaking and German-speaking Bars or to the Orde van Vlaamse Balies.
They may, if they deem it useful, publish in whole or in part the sentences without the name of the lawyer concerned being mentioned. "
Art. 14. Section 462 of the same Code, as amended by the Act of 22 November 2001, is replaced by the following provision:
“Art. 462. If the sentence is rendered by default, opposition may be filed by the lawyer within fifteen days of the notification.
The late opposition is declared inadmissible, unless the council has found the opponent of the foreclosure, which he considers sovereignly and without recourse.
The opposition is addressed, by registered letter to the position, to the chair of the Disciplinary Council.
The President summons the opponent to the Disciplinary Council in the forms and deadlines of the initial summons. The Disciplinary Council even decides in his absence. The sentence is in any case deemed contradictory. »
Art. 15. Section 463 of the same Code is replaced by the following provision:
“Art. 463. Awards issued by the Disciplinary Board are likely to be appealed by the lawyer concerned, by the bar of the lawyer concerned or by the Attorney General.
The appeal shall be notified by registered letter to the chair of the appeal discipline board within fifteen days of notification of the award.
The Chair of the Appeal Discipline Board denounces the appeal, by registered letter, to the Chair of the Disciplinary Board and, as the case may be, to the appropriate counsel, the College's staff member or the Attorney General.
The Attorney General, the sticker and the lawyer may file, by registered letter to the position, an incident call within one month from the notification of the main appeal. "
Art. 16. In the second part, book III, title first, chapter IV of the same Code, it is inserted after section 463, the following title:
"Section II. Appeal discipline advice »
Art. 17. Section 464 of the same Code is replaced by the following provision:
"Art. 464. The appeal of the sentences of the Dutch-speaking discipline councils is brought before the Dutch-speaking call discipline council.
The appeal of the sentences of the French- and German-speaking discipline councils is brought before the French- and German-speaking call discipline council.
The headquarters of appeal discipline councils is established in Brussels. »
Art. 18. Section 465 of the same Code, as amended by the Act of 19 November 1992, is replaced by the following provision:
"Art. 465. § 1^er. Each call discipline board is composed of one or more rooms. It is chaired by a first court of appeal.
§ 2. Each room sits with a president, four assessors and a lawyer secretary. The Presidency is, in turn, assumed by the first presidents of the appeal courses or by the chamber chair appointed by the first president. The first presidents of the Brussels, Mons and Liège appeal courses sit on the French-speaking and German-speaking call discipline board; the first presidents of the appeal courses of Antwerp, Brussels and Ghent sit on the Dutch-speaking call discipline board.
When the disciplinary procedure concerns a lawyer from the Eupen Bar, the Appeal Disciplinary Board Chamber will be composed of at least two members familiar with the German language and the French language and not part of the Eupen Bar.
§ 3. The Attorney General at the Brussels Court of Appeal or the General Counsel appointed by him shall perform the functions of the Public Prosecutor's Office.
§ 4. Each Order that is part of the Order of French-speaking and German-speaking Bars or the Orde van Vlaamse Balies is among the former members of the Order's Council at least two assessors and two alternate assessors. The assessors are offered among the former members of the College's councils by the Councils of the Order concerned.
§ 5. Every three years, at the beginning of the judicial year, the directors of the Order of the French-speaking and German-speaking Bars and the Orde van Vlaamse Balies, establish each time under the presidency of the first president near the Brussels Court of Appeal, the list of the actual assessors and alternate assessors. They also refer to secretaries and alternate secretaries.
The rank of lawyers on these lists is determined taking into account a balance between the bars that make up the Order of Francophone and German-speaking Bars and the Orde van Vlaamse Balies and the number of their members.
§ 6. The term is valid for three years and is renewable.
§ 7. Unless otherwise, the secretary composes the rooms in the order of the rank that appears on the lists. "
Art. 19. Section 466 of the same Code is replaced by the following provision:
"Art. 466. The proceedings before the appeal discipline board are followed in the language of the sentence appealed. Except for the application of Article 457, § 5, paragraph 2, all members of the seat must know the language of the proceedings.
However, when the disciplinary procedure concerns a German-speaking lawyer, the latter is allowed to speak in German. »
Art. 20. Section 467 of the same Code is replaced by the following provision:
"Art. 467. The proceedings before the appeal discipline board shall be held in accordance with the requirements of Article 459, § 2. »
Art. 21. Section 468 of the same Code, as amended by the Act of 22 November 2001, is replaced by the following provision:
"Art. 468. § 1^er. The decision of the Appeal Disciplinary Board is, through the care of its secretary, notified to the lawyer, the College's staff member to whom the lawyer concerned and the Attorney General belong, by registered letter to the position. He sends a copy of the sentence to the Order of Francophone and German-speaking Bars or to the Orde van Vlaamse Balies.
§ 2. The lawyer's opposition to the decisions rendered by default by the appeal discipline board is made in the same forms and deadlines as the appeal. It is educated and judged in accordance with the rules applied in the first instance.
§ 3. The lawyer, the College's staff member or the Attorney General may, within one month of the notification, refer the sentences of the appeal discipline board to the Court of Cassation in the form of civil claims.
Unless the sentence decides otherwise, the appeal is suspensive.
If the award is cancelled, the Court of Cassation shall refer the case to the Disciplinary Board of Appeal otherwise composed. "
Art. 22. In the second part, book III, title first, chapter IV of the same Code, it is inserted, after section 468, the following title:
"Section III. Miscellaneous provisions".
Art. 23. Section 469 of the same Code is replaced by the following provision:
"Art. 469. The Disciplinary Board is competent to rule on disciplinary proceedings brought on account of the facts committed before the decision that omitted the lawyer from the College's table, the list of lawyers who practise their profession under the professional title of another Member State of the European Union or the list of interns, if the investigation was opened no later than one year after that decision.
When a lawyer requests and obtains registration with another Order and this registration is accompanied by the omission of the lawyer from the previous table or the list, the investigation referred to in Article 458, § 1^er, is conducted by the College's sticker where the lawyer is newly registered, regardless of the date or location of the charges against the lawyer.
In the same circumstances, if the sticker is already conducting an investigation, it is dividing and communicating the file to the College staff where the lawyer is newly registered.
If the College change involves a change of court of appeal, the same rules as above apply to the chair of the disciplinary board.
However, if at the time of the Order's change, the lawyer is already summoned in accordance with Article 459, § 1^er, the discipline board in question remains competent.
The competent disciplinary council to hear disciplinary action against a lawyer who has registered with another Order other than the one to which he belonged when the charges against him have been committed, is determined by the College to which the lawyer belongs at the time the decision to send him to the disciplinary board is taken. »
Art. 24. Section 469bis of the same Code, inserted by the Act of 19 November 1992, is repealed.
Art. 25. Section 471 of the same Code is replaced by the following provision:
“Art. 471. The suspended lawyer must refrain from any professional activity during the term of his sentence. "
Art. 26. In the second part, book III, title first, of the same Code, the title "Chapter V. Appeal discipline advice" is repealed.
Art. 27. Section 472 of the same Code is replaced by the following provision:
"Art. 472. § 1^er. A delisted lawyer may not be placed on a board of the Order or placed on a list of lawyers who practise their profession under the professional title of another Member State of the European Union or on a list of trainees, only after the expiration of a period of ten years since the decision to delist has passed in force of evidence and if exceptional circumstances warrant it.
Registration is permitted only after a reasoned opinion from the College Council to which the lawyer belonged.
The refusal to register is motivated.
§ 2. A suspended lawyer may, after a period of six years from the date of the decision, request his rehabilitation to the Disciplinary Board or the appeal discipline board that has pronounced the suspension. The refusal of rehabilitation is motivated. The decision is not likely to appeal. The request for rehabilitation can be reintroduced every six years.
§ 3. Minor disciplinary sanctions are erased in full law after a period of six years from the time they were pronounced.
§ 4. Re-registration, rehabilitation or deletion of sentence result in the withdrawal of the references referred to in Article 461, § 1^er. »
Art. 28. Section 473 of the same Code is replaced by the following provision:
“Art. 473. When the facts charged to a lawyer are concerned that the subsequent exercise of his professional activity is likely to cause harm to third parties or to the honour of the Order, the sticker may take the precautionary measures that prudence requires and in particular defend the lawyer from attending the courthouse for a period not exceeding three months.
At the request of the sticker, this period may be extended by a reasoned sentence of the College Council, after hearing the lawyer concerned.
The lawyer concerned may appeal against the prohibition to attend the courthouse and the extension of the time, enforceable by provision, to the appeal discipline board.
This appeal shall be notified by registered letter to the chair of this council, who shall immediately summon the council.
He makes a decision after hearing the sticker and the lawyer concerned. »
Art. 29. Section 474 of the same Code is replaced by the following provision:
"Art. 474. Disciplinary proceedings shall, under statute of limitations, be opened within twelve months of the knowledge of the facts by the competent disciplinary authority to initiate such proceedings. »
Art. 30. Section 475 of the same Code is replaced by the following provision:
"Art. 475. All summonses and notifications referred to in this title are validly made at the law firm or at his home. »
Art. 31. Section 476 of the same Code, replaced by the Act of 19 November 1992, is repealed.
Art. 32. Section 477 of the same Code is replaced as follows:
"Art. 477. In criminal, civil or administrative proceedings, there is no mention of the existence or elements of disciplinary proceedings. "
Art. 33. In section 477quater of the same Code, replaced by the Act of November 22, 2001, the following amendments were made:
(a) to § 1^er, the words "other than Articles 458 and 471, and Chapter V", are replaced by the words "except Article 472, § 1^er »;
(b) in § 2, the words "The council of the competent order is that of the bar" are replaced by the words "The competent council of discipline is that".
Art. 34. In section 477s, paragraph 2, of the same Code, inserted by the Act of November 22, 2001, the words "the College sticker to whom they are registered" are replaced by the words "the College sticker to whom they are registered, or the chair of the Disciplinary Council,"
Art. 35. In section 499 of the same Code, replaced by the Act of 4 July 2001, the last sentence is repealed.
Art. 36. Article 502, § 2, paragraph 1^er, second indent, of the same Judicial Code, the words "Article 456" are replaced by the words "Article 455".
Art. 37. Article 508/5, § 1^er, paragraph 4, of the same Code, the words "article 469bis" are replaced by the words "article 432bis".
Art. 38. In article 508/5, § 4, paragraph 2, of the same Code, the words "articles 465 to 469" are replaced by the words "articles 458 to 463".
Art. 39. In article 508/7, paragraph 5, of the same Code, the words "article 469bis" are replaced by the words "article 432 bis".
Art. 40. In article 508/8, paragraph 2, of the same Code, the words "articles 465 to 469" are replaced by the words "articles 458 to 463".
Art. 41. In section 508/22, paragraph 2, of the same Code, the words "article 459" are replaced by the words "article 446ter".
Transitional measures
Art. 42. § 1^er. Disciplinary boards and appeal discipline boards are constituted within three months of the publication of this Act.
§ 2. Disciplinary cases brought before the College Council before the entry into force of the articles referred to in section 43, § 2, shall be dealt with in accordance with the procedure in force on the date of publication of this Act.
Entry into force
Art. 43. § 1^er. Sections 7, 8, 18, 42 and 43 come into force on the day of the publication of this Act to the Belgian Monitor.
§ 2. The other articles come into force on the first day of the fourth month following the one in which this Act was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 June 2006.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2004-2005.
House of Representatives
Documents. - Bill submitted by Mr. Marinower, Mr. Muls and Mr. Van Parys, Mr. 51-1724, No. 1. - Amendment, 51-1724, No. 2. - Report, 51-1724, No. 3. - Text adopted by the commission, 51-1724, No. 4. - Text adopted in plenary and transmitted to the Senate, 51-1724, No. 5.
See also:
Full report. - 16 March 2006
Session 2005-2006.
Senate
Documents. - Project transmitted by the House of Representatives, 3-1626, No. 1. - Amendments, 3-1626, No. 2. - Report, 3-1626, Number 3. - Text amended by the Commission, 3-1626, No. 4. - Text amended by the Senate and referred to the House of Representatives, 3-1626, No. 5.
See also:
Annales of the Senate. - 11 May 2006.
House of Representatives
Documents. - Project amended by the Senate; 51-1724, No. 6. - Text adopted in plenary and subject to Royal Assent, 51-1724, No. 7.
See also:
Full report. - 8 June 2006.