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An Act To Amend The Legislation On The Protection Of Youth And Support For Minors Who Have Committed An Act Classified As Offences (1)

Original Language Title: Loi modifiant la législation relative à la protection de la jeunesse et à la prise en charge des mineurs ayant commis un fait qualifié infraction (1)

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15 MAI 2006. - An Act to amend youth protection and care legislation for minors who have committed a crime (1)



This text cancels and replaces the one issued to the Belgian Monitor No. 178 of 2 June 2006, p. 29034
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. - Provisions amending
Act of 8 April 1965 on the Protection of Youth
Art. 2. The title of the Youth Protection Act of 8 April 1965 is replaced by the following title:
"The Youth Protection Act, the care of minors who have committed a crime and the compensation for the damage caused by this fact. »
Art. 3. In the same Act, a preliminary title is inserted, as follows:
"Preliminary Title: Principles of the Administration of Juvenile Justice
The following principles are recognized and applicable to the administration of juvenile justice:
1° Prevention of crime is essential to protect society in the long term and requires that the competent authorities address the underlying causes of juvenile delinquency and develop a multidisciplinary framework of action;
2° Every act of administration of juvenile justice is, to the extent possible, provided by interveners, officials and magistrates who have received specific and ongoing training in the field of youth law;
3° the administration of juvenile justice pursues the objectives of education, accountability and social reintegration as well as the protection of society;
4° Minors cannot, in any case, be assimilated to the majors as to their degree of responsibility and the consequences of their acts. However, minors who have committed a crime must be made aware of the consequences of their acts;
5° Minors shall enjoy within the framework of this Act, as a matter of fact, rights and freedoms, including those set out in the Constitution and the International Convention on the Rights of the Child, including the right to be heard during the process leading to decisions affecting them and to take part in this process, such rights and freedoms must be accompanied by special guarantees:
(a) young people have the right, whenever the law is likely to infringe upon some of their rights and freedoms, to be informed of the content of these rights and freedoms;
(b) the father and mother are responsible for the maintenance, education and supervision of their children. Therefore, young people may only be wholly or partially subtracted from parental authority in cases where measures to maintain parental authority are counter-indicated;
(c) The situation of minors who have committed a crime requires supervision, education, discipline and supervision. However, the state of dependency in which they are located, their degree of development and maturity create in their leader special needs that require listening, advice and assistance;
(d) any intervention involving an educational measure is intended to encourage the youth to integrate social standards;
(e) in the context of the care of minors who have committed a crime, it is used, where possible, to the measures, as provided for by law, as a substitute for judicial proceedings, while paying attention to the imperative of social protection;
(f) within the framework of the law, the right of young people to freedom can only suffer from a minimum of intrusions ordered by the protection of society, taking into account the needs of young people, the interests of their families and the rights of victims. »
Art. 4. Section 10 of the Act, repealed by the Act of 10 October 1967, is reinstated as follows:
“Art. 10. - Any decision, whether it is a provisional measure or a measure on the merits, taken by the youth judge or the youth court, in the first instance or in the level of appeal, is, by the clerk's care, transmitted on the very day of the decision by simple copy to the minor's lawyer."
Art. 5. An article 29bis, as follows, is inserted in the same law:
"Art. 29bis. - Where persons who exercise parental authority over a convicted minor for a qualified offence demonstrate a disinterest in the delinquency of the minor and the disinterest of those persons contributes to the problems of the minor, the court may, upon requisition of the public or ex officio ministry, order them to perform a parental internship. This parenting course may only be ordered as a complementary measure to a measure imposed by the juvenile judge if it may be beneficial to the juvenile offender himself. »
Art. 6. In section 36, 5°, of the Act, repealed by the law of 29 June 1983 and restored by the law of 7 May 2004, the following amendments are made:
"1° in the Dutch text, the word "bereik" is replaced by the word "bereikt";
2° in the Dutch text, the words "artikel 119" are replaced by the words "artikel 119bis".
Art. 7. Section 37 of the Act, replaced by the Act of 2 February 1994 and amended by the Act of 10 August 2005, is amended as follows:
1° § 1er is supplemented by the following paragraphs:
"To make the decision under paragraph 1erthe Youth Court shall take into account the following factors:
1° the personality and maturity of the interested person;
2° its living environment;
3° the seriousness of the facts, the circumstances in which they were committed, the damage and consequences for the victim;
4° the previous measures taken with respect to the interested person and his or her behaviour during the execution of those measures;
5° the security of the person concerned;
6° public security.
The availability of the means of treatment, education programs or any other resources envisaged and the benefit that the individual would withdraw from them are also taken into account. »
2° § 2 is replaced by the following paragraph:
Ҥ2. It may, where applicable, cumulatively:
1° reprimand the persons concerned and, with the exception of those who have reached the age of eighteen, leave them or return them to the persons who provide accommodation, by enjoining them, if any, to better monitor or educate them in the future;
2° subject them to the supervision of the competent social service;
3° submit them to intensive educational support and individualized supervision of a reference educator dependent on the service designated by the communities or a natural person meeting the conditions established by the communities;
4° require them to perform an educational and general interest benefit in relation to their age and abilities, at a maximum of 150 hours, organized by a service designated by the communities or by a natural person meeting the conditions established by the communities;
5° require them to undergo ambulatory treatment with psychological or psychiatric services, sexual education or a competent service in the field of alcoholism or drug addiction; the youth judge may accept that the treatment is initiated or continued in a psychiatrist, a psychologist or a therapist who will be offered to him by the person referred to him or his legal representatives;
6° entrust them to a legal entity proposing the supervision of the realization of a positive benefit consisting of either training or participation of an organized activity;
7° entrust them to a trusted person in the manner established by the communities or place them in an appropriate institution in the manner established by the communities for their accommodation, treatment, education, instruction or vocational training;
8° entrust them to a public community youth protection institution, in accordance with the investment criteria referred to in § 2quater. With regard to persons referred to in Article 36, 4°, and without prejudice to the provisions of Article 60, the decision specifies the duration of the measure and if it prescribes a closed educational regime organized by the competent authorities under Articles 128 and 135 of the Constitution and Article 5, § 1er, II, 6°, of the special law of 8 August 1980 of institutional reforms, amended by the law of 8 August 1988. The competent judge or social service shall visit the person entrusted to a public community institution for the protection of youth in a closed regime, if the placement exceeds fifteen days;
9° place them in a hospital service;
10° to decide on residential placement in a competent service in terms of alcoholism, substance abuse or any other dependency, if a circumstantial medical report, dating less than one month, certifies that the physical or psychological integrity of the individual cannot be protected in another way;
11° decide on the residential placement of the interested person either in an open section or in a closed section of a paedopsychiatric service, if established in an independent peo-psychiatric report, dating from less than a month and established according to the minimum standards determined by the King, that he suffers from a mental disorder that seriously affects his or her ability to control his or her actions. The placement in a closed section of a paedopsychiatric service is only possible under the Act of 26 June 1990 on the protection of the person of the mentally ill, in accordance with section 43.
Only the measures referred to in paragraph 1er, 1°, 2° and 3°, may be ordered in respect of persons under the age of 12. In the absence of appropriate measures, the court shall refer the case to the prosecutor's office, who may in turn refer it to the competent services of the communities.
Preference must be given first of all to a restorative offer, referred to in sections 37bis to 37quinquies. Before a measure referred to in paragraph 1er1° to 5° is imposed, the feasibility of a project proposed by the person concerned, referred to in § 2ter must be considered. The measures referred to in paragraph 1er, 1° to 5° are preferred compared to a placement measure. Finally, open-ended investment is preferred over closed-regime placement;
If the court determines a measure of placement in a public community institution for the protection of youth in an open or closed regime, the court shall specify the maximum duration of the measure, which may only be extended for exceptional reasons related to the persistent misconduct of the person concerned and its dangerous behaviour for himself or others.
The court may provide for the placement of a stay for a period of 6 months from the date of the judgment, provided that the individual undertakes to perform an educational and general interest benefit at a maximum of 150 hours.
If the court decides, pursuant to § 2quater, paragraph 1er, 4°, or paragraph 2, 5°, a measure of placement in a public community youth protection institution, it specifies the duration, which is not more than six months and cannot be extended.
If the court imposes another measure, it specifies the maximum duration of the measure, with the exception of the measures referred to in paragraph 1er1°. »
3° It is inserted a § 2bis, as follows:
Ҥ 2bis. In respect of persons over twelve years of age, the court may subordinate the maintenance of persons referred to it in their living environment to one or more of the following conditions under which it may entrust control of respect to the competent social service:
1° regularly attend a regular or special school;
2° perform an educational and general benefit, in relation to their age and abilities, at a maximum of 150 hours, under the supervision of a service designated by the communities or a natural person meeting the conditions established by the communities;
3° perform, at a maximum of 150 hours, paid work for the compensation of the victim, if the person concerned is at least 16 years of age;
4° follow the educational or medical guidelines of an educational or mental health centre;
5° Participate in one or more training or awareness-raising modules on the consequences of the acts carried out and their impact on potential victims;
6° participate in one or more sports, social or cultural activities;
7° do not attend certain specified persons or places that relate to the offence that has been committed;
8° not carry out one or more activities determined under the circumstances of the species;
9° respect for a ban on leaving;
10° comply with other conditions or specific prohibitions that the court determines.
The judge or court may entrust control of the performance of the conditions referred to in paragraph 1er7° and 9° to a police department. If this is done, the competent social service will be regularly informed by the judge of the results of this control. »
4° A § 2ter is inserted, as follows:
§ 2ter. The persons referred to in section 36, 4°, may propose to the court a written project covering, inter alia, one or more of the following commitments:
1° make written or oral apology;
2° repair the damage caused themselves and in kind, if limited;
3° participating in a restaurant offering referred to in sections 37bis to 37quinquies;
4° participate in a school reintegration programme;
5° participate in specific activities within the framework of a learning and training project, at a maximum of 45 hours of delivery;
6° follow outpatient treatment with psychological or psychiatric services, sexual education or a competent service in the field of alcoholism or drug addiction;
7° to be presented to the youth aid services organized by the competent community bodies.
This project is submitted by the day of the hearing. The court appreciates the opportunity of the project submitted to it and, if approved, entrusts control of its execution to the competent social service.
Within three months of the project's approval, the relevant social service shall send to the court a brief report on the compliance of the youth. If the project has not been executed or has been executed in an insufficient manner, the court may order another measure at a subsequent hearing. »
5° A § 2quater is inserted, as follows:
§ 2quater. - The court may not order the placement in a public community youth protection institution referred to in § 2, paragraph 1er, 8°, in an open educational regime, only in respect of persons who are twelve years or older and who:
1° or, have committed a qualified offence which, if committed by a person of major, would have been such that, within the meaning of the Criminal Code or specific laws, a three-year principal prison sentence or a heavier penalty would have been imposed;
2° or have committed a qualified assault and injury;
3° or have previously been the subject of a final judgment ordering a placement measure within a public community youth protection institution with open or closed educational regime and committed a new offence;
4° or have been subject to a review of the measure, pursuant to section 60, on the ground that the measures or measures previously imposed have not been complied with by them, in which case the placement may be imposed for a period of not more than six months that may not be extended. At the end of this period, other measures may only be imposed after a review by the court;
5° is the subject of a revision as referred to in Article 60 and is placed in a public community youth protection institution with a closed educational regime at the time of this revision.
The court may not order the placement in a public community youth protection institution referred to in § 2, paragraph 1er, 8°, in closed education, only in respect of persons who are fourteen years or older and who:
1° or have committed a qualified offence which, if committed by a major, would have been such that, within the meaning of the Criminal Code or special laws, a sentence of imprisonment of five years to ten years or a heavier sentence;
2° has committed a qualified act of assault with violence, or an association of criminals for the purpose of committing crimes, or a threat to persons as referred to in article 327 of the Criminal Code;
3° or have previously been the subject of a final judgment ordering a measure of placement in a public community institution for the protection of youth with open or closed educational regime, and that have committed a new offence that is described as injury or injury, or, if committed by a major, would have been of a nature to result, within the meaning of the Penal Code or special laws, a penalty of three years of main imprisonment or a penalty of more
4° or have committed a premeditated act called assaults and injuries that have resulted in a sickness or incapacity of work either a seemingly incurable disease, or the complete loss of the use of an organ, or a serious mutilation, or caused damage to buildings or steam machines, committed in association or in band and with violence, by assault or threats, have committed a rebellion with weapon and with violence;
5° or have been subject to a review of the measure, pursuant to section 60, on the ground that the measures or measures previously imposed have not been complied with by them, in which case the placement may be imposed for a period of not more than six months that may not be extended. At the end of this period, other measures may only be imposed after a review by the court.
Without prejudice to the conditions set out in paragraph 2, the court may order the placement in a public community youth protection institution referred to in § 2, paragraph 1er, 8°, under closed education, in respect of a person between the ages of twelve and fourteen, who has seriously affected the life or health of a person and whose behaviour is particularly dangerous. »
6° It is inserted a § 2quinquies, written as follows:
“§ 2quinquies. - When ordering one of the measures referred to in §§ 2, 2bis and 2ter, the court shall give reasons for its decision in respect of the criteria referred to in § 1er and the circumstances of the species.
If it orders one of the measures referred to in § 2, paragraph 1er, 6° to 11°, a combination of several of the measures referred to in § 2, a combination of one or more of these measures with one or more conditions referred to in § 2bis or a measure of placement in a public community institution for the protection of the youth in a closed educational system, the court must specifically motivate this choice in relation to the priorities referred to in § 2, paragraph 3. »
7° The following amendments are made to § 3:
(a) in paragraph 1er, the words “§2. 2° to 4°” are replaced by the words “§2. 2° to 11°”;
(b) in paragraph 2, the words "and without prejudice to Article 60" are replaced by the words "and without prejudice to § 2, paragraph 4, and Article 60";
(c) in paragraph 2, 1°, the words ", or upon requisition of the Public Prosecutor's Office in the event of persistent misconduct or dangerous behaviour of the person concerned" are replaced by the words " or, in the event of persistent misconduct or dangerous behaviour of the person concerned, upon requisition of the Public Prosecutor's Office";
(d) in paragraph 2, 2°, the words "20 years" are replaced by the words "20-three years" and the words "seven years" are replaced by the words "sixteen years";
e) in paragraph 2, 2°, in the Dutch text, the words "als misdrijf gekwalificeerd feit" are replaced by the words "als misdrijf omschreven feit";
(f) the following paragraph shall be inserted between paragraph 2, 2 and paragraph 3:
"When the person concerned committed between the age of twelve and seventeen, a fact described as an offence to result in a sentence of imprisonment of more than 10 years if committed by a person of major, and a measure of placement in a public community youth protection institution has been imposed, the court may order, by judgment, the extension of the monitoring measure referred to in section 42, for a specified period of time, The court is seized at the request of the person concerned or, in the event of persistent misconduct or dangerous behaviour, upon requisition of the public prosecutor. »;
(g) the following paragraph shall be inserted between paragraph 3 and paragraph 4:
"In respect of persons referred to in § 2, paragraph 1er, 11°, residential placement must continue until the end of the treatment, as long as this treatment requires. »
Art. 8. In article 41 of the same law, amended by the law of 2 February 1994, the words "2° to 4°" are replaced by the words "§ 2, 2°, 7° and 8° and § 2bis"
Art. 9. Section 43 of the Act, replaced by the Act of 26 June 1990, is replaced as follows:
“Art. 43. - In respect of persons referred to in section 36, 4°, the judge or youth court shall apply the provisions of this Act without prejudice to the application of the Act of 26 June 1990 on the protection of the person of the mentally ill.
In the event of the application of the law of 26 June 1990 referred to persons initially referred to the youth court on the basis of section 36, 4°, the decision of the chief medical officer to lift the measure, taken in accordance with section 12, 3°, or 19, of the law of 26 June 1990 is executed only after a period of five working days from the day on which the youth court is informed. In this period, and without prolonging it, the court shall rule on any other measure referred to in section 37, which it considers useful. »
Art. 10. In the Dutch text of article 44, paragraphs 2 and 3, of the same law, replaced by the law of 2 February 1994, the words "als misdrijf gekwalificeerd feit" are replaced by the words "als misdrijf omschreven feit".
Art. 11. An article 45bis, as follows, is inserted in the same law:
"Art. 45bis. - When persons who exercise parental authority over a minor who declares that he or she has not committed a qualified offence, demonstrate a disinterest in the delinquency of the minor and that the disinterest of those persons contributes to the problems of the minor, the King's prosecutor may propose to them to carry out a parental internship. This parenting course can only be proposed if it can be beneficial to the juvenile offender himself. »
Art. 12. An article 45ter, as follows, is inserted in the same law:
"Art. 45ter. - In respect of the persons referred to in section 36, 4°, the King's Prosecutor may send to the alleged perpetrator of the offence a warning letter in which he indicates that he has been aware of the facts, that he considers these facts to the minor and that he has decided to file the case without further action.
A copy of the warning letter is transmitted to the father and mother, guardian of the minor, or to persons who have custody of it in law or in fact.
However, the King's prosecutor may summon the alleged perpetrator of the offence and his legal representatives and notify them of a reminder to the law and the risks they face. »
Art. 13. An article 45quater, as follows, is inserted in the same law:
"Art. 45quater. § 1er. The King's Prosecutor shall inform the person suspected of having committed a crime, the persons who exercise parental authority in respect of him, the persons who have custody of him or her in law or in fact, and the victim, that they may participate in a mediation and that they have, in this context, the opportunity to address a mediation service, organized by the communities or responding to the conditions set by them, which he or she designates.
The Crown Prosecutor may make such a proposal when the following conditions are met:
1° There are serious evidence of guilt;
2° the person concerned declares that he does not deny the offence;
3° a victim is identified.
The King's prosecutor's decision to direct a case to the mediation procedure must be written and motivated unless he wishes to file the case without further action.
Apart from the cases referred to in section 49, paragraph 2, the absence of such a motivation leads to the irregularity of the referral of the youth court.
When a mediation proposal is made, the King's Prosecutor shall inform the persons concerned that they have the right to:
1° soliciting counsel before participating in mediation;
2° to be assisted by a lawyer when the agreement reached by the persons concerned is fixed.
The Crown Prosecutor shall send a copy of the written proposals to the designated mediation service. If, within eight days of the receipt of the written proposal of the King's Prosecutor, the persons concerned did not take any steps towards the mediation service, the King contacted them.
Mediation can only take place if the persons participating in it expressly and unconditionally adhere to it throughout the mediation process.
§ 2. Within two months of his appointment by the King's Prosecutor, the mediation department prepares a brief report on the status of mediation.
The agreement reached by the persons involved in mediation is signed by the person who is presumed to have committed an offence, by the persons who exercise parental authority in respect of him, as well as by the victim, and must be approved by the Crown Prosecutor. The content cannot be changed. He can only refuse to approve an agreement if it is contrary to public order.
§ 3. The mediation department prepares a report on the execution of the agreement and the address to the King's Prosecutor. This report is attached to the case file.
When the perpetrator of the offence has executed the mediation agreement in accordance with the prescribed terms, the King's Prosecutor shall prepare a report and take it into account when deciding whether or not to file the case without further action. In this case, a ranking without a suite has the effect of extinction of public action.
A copy of the report is provided to the perpetrator of the offence, to persons who exercise parental authority in respect of the person, to the victim and to the mediation service. In the event that this surrender could not take place, the copy of the report is notified by judicial fold.
§ 4. If mediation does not give any result, or the recognition of the materiality of the facts by the young person, or the conduct or outcome of the mediation cannot be used, by the judicial authorities or any other person, to the prejudice of the young person.
The established documents and communications made in connection with an intervention by the mediation service are confidential, with the exception of what the parties agree to bring to the attention of the judicial authorities. They may not be used in criminal, civil, administrative or arbitral proceedings or in any other dispute resolution proceedings and are not admissible as evidence, even as an extrajudicial confession. »
Art. 14. In paragraph 4 of section 49 of the Act, as incorporated by the Act of 2 February 1994, the words "in section 38" are replaced by the words "in section 57 bis".
Art. 15. Section 49, paragraph 2, of the Act, as incorporated by the Act of 2 February 1994 and amended by the Acts of 4 May 1999 and 6 January 2003, is supplemented as follows:
"The person concerned is entitled to the assistance of a lawyer, during any appearance before the investigating judge. The lawyer shall be appointed, if any, in accordance with section 54bis. However, the investigating judge may have a special interview with the individual. »
Art. 16. Section 51 of the Act, as amended by the Acts of 21 March 1969, 2 February 1994 and 24 April 2003, is amended as follows:
1° in Article 51, whose current text will form § 2, it is inserted a § 1er, as follows:
« § 1er. As soon as it is seized of a qualified offence, the court shall inform persons who exercise parental authority with respect to the person concerned and, where appropriate, persons who have custody of the person in law or in fact, as well as all possible victims, with a view to allowing them to be present. »;
2° § 2 new paragraph 3 is replaced by the following paragraph:
"In other matters, if, at the invitation to appear, the person concerned or persons invested with parental authority in respect of the minor do not appear and those persons cannot justify their non-compartment, they may be sentenced by the youth court to a fine of one euro to one hundred and fifty euros. »;
3° Article 51, § 2, is supplemented by the following paragraph:
"The persons referred to in paragraph 3 who have been fined and who, on a second invitation to appear, make a legitimate apology before the youth judge or youth court, may, on the advice of the public prosecutor, be discharged from the fine. »
Art. 17. In section 52 of the Act, as amended by the Acts of 2 February 1994, 30 June 1994 and 6 January 2003, the following amendments are made:
1° Paragraph 2 is replaced by the following paragraphs:
"He may either leave him in his living environment and subject him, if any, to the supervision provided for in Article 37, § 2, paragraph 1er, 2°, or on a condition enumerated in Article 37, § 2bis, except 2° and 3°, or take provisionally one of the measures provided for in Article 37, § 2, paragraph 1er, 7° to 11°, if applicable cumulatively.
The measure provided for in Article 37, § 2, paragraph 1er, 9°, is taken to establish a medico-psychological assessment.
In order to allow the enforcement of the investigative measures referred to in Article 50, the court may attach the interim measure of custody to leave the person concerned in the environment and subject him to the supervision provided for in Article 37, § 2, paragraph 1er, 2°, of the requirement to perform a general benefit in relation to its age and abilities. The general interest benefit ordered under this section shall not exceed 30 hours.
In order to make the decision referred to in paragraph 2, the youth court shall take into account the factors referred to in Article 37, § 1erParagraph 2. The availability of the means of treatment, education programs or any other resources envisaged and the benefit that the individual would withdraw from it are also considered.
These interim measures can only be taken for as short a time as possible, when there are sufficient serious evidence of guilt and the purpose of the interim measure cannot be achieved in another way.
No interim measures may be taken to impose an immediate sanction or any other form of coercion.
2° in paragraph 3, the words "37, § 2, 4°" are replaced by the words "37, § 2, paragraph 1, 8°" and the words "30 days" are replaced by the words "three calendar days".
3° in the Dutch text of paragraph 3, the words "als misdrijf gekwalificeerd feit" are replaced by the words "als misdrijf omschreven feit".
Art. 18. In article 52ter, paragraph 4, of the same law, inserted by the law of 2 February 1994, the words "his lawyer and to" are inserted between the words "as well as to" and the words "his father and mother".
Art. 19. In section 52quater, paragraph 2 of the Act, inserted by the Act of 2 February 1994, is replaced by the following paragraph:
"This decision can only be taken if the following conditions are met:
1° There are serious evidence of guilt;
2° the person concerned has a dangerous behaviour for himself or others;
3° There are serious reasons to fear that the person concerned, if released, commits new crimes or offences, subtracts from the action of justice, tries to eliminate evidence or collusion with third parties. »
Art. 20. An article 52quinquies, as follows, is inserted in the same law:
"Art. 52quinquies. - During a procedure for the application of one of the measures referred to in Part II, Chapter III, the youth judge or youth court may propose a mediation in accordance with the terms set out in Articles 37bis to 37quinquies. »
Art. 21. An article 57bis, as follows, is inserted in the same law:
"Art. 57bis. § 1er. If the person referred to the youth court by reason of a qualified offence was sixteen years or more at the time of this fact and the youth court considers it inappropriate to have custody, preservation or education, the person concerned may, by reasoning decision, defer the case to the public prosecutor for the purposes of prosecution, or, if the person concerned is suspected of having committed an offence or a criminal offence The youth court may, however, only be suspended if one of the following conditions is met:
- the person concerned has already been subject to one or more measures referred to in Article 37, § 2, § 2bis or § 2ter or a restorative offer as referred to in Articles 37bis to 37quinquies;
- it is an act referred to in sections 373, 375, 393 to 397, 400, 401, 417ter, 417quater, 471 to 475 of the Criminal Code or attempt to commit an act referred to in articles 393 to 397 of the Criminal Code.
The motivation relates to the personality of the person concerned and his surroundings and the degree of maturity of the person concerned.
This provision may be applied even when the individual has reached the age of eighteen at the time of the judgment. It is in this case assimilated to a minor for the purposes of this chapter.
§ 2. Without prejudice to section 36bis, the youth court may not detract from a case under this section until after having conducted the social study and the medical-psychological examination provided for in section 50, paragraph 2.
The purpose of the medical-psychological examination is to assess the situation according to the personality of the person concerned and its surroundings, as well as the degree of maturity of the person concerned. The nature, frequency and severity of the facts referred to it are taken into consideration as they are relevant to the assessment of its personality. The King sets out the terms that the medical-psychological examination must take place.
However,
1° the youth court may withdraw from a case without having the report of the medical-psychological examination, when it finds that the person concerned is exempt from this examination or refuses to submit to it;
2° the youth court may divest a case without having to carry out a social study and without having to request a medico-psychological examination, when a measure has already been taken by judgment with respect to a person under the age of eighteen because of one or more facts referred to in sections 323, 373 to 378, 392 to 394, 401 and 468 to 476 of the Criminal Code, Parts of the previous procedure are attached to the new procedure;
3° the youth court shall rule in the same conditions on the application for divestiture in respect of a person under the age of eighteen who has committed a crime punishable by a penalty greater than the twenty-year imprisonment, committed after the age of sixteen and is prosecuted only after he has reached the age of eighteen.
§ 3. The youth court can only withdraw from a case in accordance with the following procedure.
Upon the filing of the social study and the medical-psychological examination at the registry office, the youth judge shall, within three working days, communicate the file to the King's Prosecutor. When, pursuant to § 2, paragraph 3, 1°, a medical-psychological examination is not required, the court shall communicate the file to the King's Prosecutor within three working days of the filing at the Registry of the Social Study. When pursuant to § 2, paragraphs 3, 2 and 3, the court may decide without having to carry out a social study and without having to request a medico-psychological examination, it shall forthwith communicate the file to the Crown Prosecutor.
The latter cites the persons referred to in section 46 within thirty days of the receipt of the file for the next most useful hearing. The quote must mention that a divestiture is required. The court shall determine the divestiture within thirty business days of the public hearing.
In the event of an appeal, the Attorney General shall have a period of twenty working days from the end of the appeal period to summon before the youth chamber of the Court of Appeal. This board shall rule on the divestiture within fifteen working days of the hearing.
§ 4. As of the divestiture summons, the person entrusted to an institution referred to in Article 37, § 2, paragraph 1er, 8°, under closed educational regime can be transferred to the education section of a federal closed centre for minors who have committed an offence. This transfer can only be effected by a decision of the youth judge, with a special reason for the specific circumstances.
The judgments that order the placement referred to in paragraph 1er are subject to appeal under the procedure referred to in section 52quater, paragraphs 6, 7 and 8.
The youth court that does not order the divestiture immediately puts an end to the placement in the Federal Centre for Minors who have committed an offence and takes any other measures that it considers useful to the individual.
§ 5. Any person who has been the subject of a divestiture decision under this section becomes, as of the day that this decision has become final, justiciable from the ordinary court for the prosecution of the facts committed after the day of the divestiture summons.
§ 6. Following an orderly divestiture decision pursuant to this provision, the youth court or, where applicable, the youth chamber of the Court of Appeal shall forthwith transmit to the Public Prosecutor's Office the full file of the person concerned with a view to attaching it to the repressive file in the event of a prosecution. »
Art. 22. In section 60 of the Act, as amended by the Act of 2 February 1994, the following amendments are made:
1° to paragraph 1er, the words "in Article 37, § 2, 4°" are replaced by the words "in Article 37, § 2, paragraph 1er7° to 11°".
2° Paragraph 2 is supplemented as follows:
"In the cases provided for in Article 37quinquies, § 3, the first one-year waiting period does not apply. »;
3° the following paragraph is inserted between paragraph 2 and paragraph 3:
"The minor and his or her father, mother, guardians or persons who have custody in law or in fact of the minor may request, by reason of request, a review of the interim measure referred to in section 52quater after a month's period from the day the decision became final. The judge heard the young person and his legal representatives. The appellant may not file a new application relating to the same object before the expiry of a month period from the date of the last decision to reject the application. »;
4° to paragraph 3, which becomes paragraph 4, the terms "at Article 37, § 2, 3° or 4°" are replaced by the words "at Article 37, § 2, paragraph 1erexcept 1° and 8°";
5° the following paragraph is inserted between paragraphs 3 and 4, which become paragraphs 4 and 6:
"The measure referred to in Article 37, § 2, paragraph 1er8°, taken by judgment, shall, without prejudice to Article 37, § 2, paragraph 4, be re-examined with a view to being confirmed, reported or amended before the expiration of the period of six months from the day the decision became final. This procedure is introduced in the forms provided for in paragraph 4. »;
6° to paragraph 4, which becomes paragraph 6, the words "in Article 37, § 2, 4°" are replaced by the words "in Article 37, § 2, paragraph 1er8°, 10° and 11°".
Art. 23. In section 61 of the Act, the following amendments are made:
A ) In paragraph 2, the words "at the same time as public action" are replaced by the words "or defer consideration to a later date";
B ) The article is completed as follows:
"The victim may resist any action that arises as a result of a qualified offence, including where the perpetrator or the perpetrator for the benefit of which the victim is disbanded, collaborated or collaborated in a restorative offer.
The victim explicitly mentions in the agreement to which the restorative approach, the author(s) that has or collaborated in a restorative offer, applies to the discontinuation of action referred to in the fourth paragraph.
The discontinuance of action as referred to in paragraph 4 automatically implies that this discontinuance is also valid in respect of all persons under section 1384 of the Civil Code, or under a special law, are responsible for the damage caused by the person or authors for the benefit of which or where the victim is deterred. »
Art. 24. In section 80, paragraph 2, of the Act, the words "37, 38, 39, 40 and 43" are replaced by the words "37, 37 bis, 38, 39, 43, 45ter, 45quater and 57 bis".
Art. 25. Section 85 of the Act, repealed by the Act of 10 August 2005, is reinstated in the following wording:
"The youth court may sentence one to seven days' imprisonment and a fine of one euro to twenty-five euros or one of these penalties only, persons who have been invested with parental authority in respect of a minor who has committed a qualified offence that manifest a disinterest characterized in respect of the offence of the juvenile and who refuse to perform the training referred to in section 29bis, »
Art. 26. Section 89 of the Act, as amended by the Act of 10 August 2005, is replaced by the following provision:
"All the provisions of Book 1 of the Criminal Code, without exception of Chapter VII and Article 85, are applicable to offences under sections 71, 80, 81, 82, 85 and 86. »
Art. 27. Section 100bis of the Act, repealed by the Act of 10 August 2005, is reinstated in the following wording:
"Art. 100bis. - For the cases under way at the time of the coming into force of 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 law of 15 May 2006 amending the law of 8 April 1965, relating to the protection of youth, the Code of Criminal Investigation, the Criminal Code, the Civil Code, the new communal law and the law of 24 April 2003 reforming the adoption »
CHAPTER III. - Provisions amending
the Code of Criminal Investigation
Art. 28. The Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure is supplemented by a new chapter which reads as follows:
"Chapter V - Rules relating to the exercise of public action following a divestiture decision ordered by a youth court
Article 30. - Where public action is exercised pursuant to this Act following a divestiture decision ordered pursuant to section 57 bis of the Youth Protection Act of 8 April 1965, the care of minors who have committed a qualified offence and the compensation of the damage caused by this fact, the documents relating to the personality and the life of the person being prosecuted may be disclosed only to the exclusion of the person being »
Art. 29. Article 216quater, § 1er, paragraph 4, of the Code of Criminal Investigation, replaced by the Act of 13 April 2005, is supplemented as follows:
"The summons by notice is privileged in the event of a prosecution against a person who has been subjected to a divestiture pursuant to section 57 bis of the Youth Protection Act of 8 April 1965, the care of minors who have committed a crime and the compensation of the damage caused by this fact. »
Art. 30. Section 416, paragraph 2, of the same Code, replaced by the Act of 19 December 2002, is supplemented as follows:
", not to the removal orders in accordance with Article 57 bis of the Youth Protection Act of 8 April 1965, to the care of minors who have committed a crime and to the reparation of the damage caused by it. »
CHAPTER IV. - Provisions amending the Judicial Code
Art. 31. Section 58bis, 4°, of the Judicial Code, inserted by the Act of 22 December 1998 and amended by the Act of 21 June 2001, is replaced as follows:
"4° specific mandate: the warrants of investigating judge, judge of the youth court, judge of the court of enforcement of sentences, judge of the seizures, judge of appeal of the youth, magistrate of youth liaison, magistrate of assistance, federal magistrate and deputy of the procurator of the King specialized in the application of sentences. »
Art. 32. Section 76 of the same Code, as amended by the Act of 28 March 2000, is supplemented by the following paragraph:
"One or more chambers of the youth court section are assigned the jurisdiction to judge persons who have been the subject of a divestiture decision pursuant to the Youth Protection Act of 8 April 1965, the care of minors who have committed a crime and the compensation of the damage caused by this fact, in the context of a criminal offence or a correctional crime. »
Art. 33. Section 78 of the Code is supplemented by the following paragraph:
"By derogation from articles 80 and 259sexies, so that the youth chambers competent for the substances referred to in Article 92, § 1er, 7°, are validly composed, two of their members must have followed the training organized in the framework of the continuous training of the judges referred to in article 259sexies, § 1er, 1°, paragraph 3, required for the performance of the duties of judge in the youth court. The third member is a judge in the Correctional Court. »
Art. 34. In section 80, paragraph 2, of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 22 December 2003, the words "or judge in the youth court" are inserted between the words "instruction judge" and the words ", the effective judge".
Art. 35. Article 92, § 1erthe same Code, replaced by the Act of 3 August 1992, amended by the Acts of 28 November 2000 and 3 May 2003, is supplemented as follows:
"7° the prosecution of persons who have been the subject of a divestiture decision pursuant to 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 it in the context of an offence and/or a correctional crime. »
Art. 36. Section 101 of the Code, as amended by the Acts of 19 July 1985 and 22 December 1998, is amended by:
1° the following paragraph is inserted between paragraphs 1er and 2:
"In the youth chambers, at least one chamber is assigned jurisdiction over the prosecution of persons as a result of a divestiture decision made pursuant to the Youth Protection Act of 8 April 1965, to the care of minors who have committed an offence and to the reparation of the damage caused by this fact, in the context of an offence and/or a correctional crime. »;
2° the article is supplemented by a new paragraph written as follows:
"In order for the youth chambers referred to in paragraph 2 to be validly constituted, at least two of their members must have followed the training organized as part of the ongoing training of judges referred to in article 259sexies, § 1er, 1°, paragraph 3, required for the exercise of the function of judge in the youth court. »
Art. 37. Section 144s, as follows, is inserted in the same Code:
"Art. 144septies. - There are two youth liaison magistrates. The former exercises its competence with regard to the bodies of the Flemish Community and the bodies of the Joint Community Commission of the Brussels-Capital Region. The latter exercises its competence vis-à-vis the bodies of the French Community, the bodies of the German-speaking Community and the bodies of the Joint Community Commission of the Brussels-Capital Region. If necessary, a third youth liaison magistrate shall be appointed for the proceedings of the German-speaking Community.
The Youth Liaison Officer is responsible for the following tasks:
1° Optimize, in the event of a lack of places available in public community youth protection institutions, the implementation of the placement decision in respect of persons subject to a judicial decision pursuant to section 36, 4, and 37 of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the compensation of the damage caused by this fact;
2° coordinate the possible orientations of convicted persons in a federal closed centre to an adult prison.
The youth liaison magistrate carries out his duties under the authority of the Attorney General's College and under the direction of the Attorney General who is responsible for the protection of youth.
He served at the headquarters of the Attorney General's College. »
Art. 38. In article 186bis, paragraph 3, of the same Code, inserted by the law of 20 July 2001, the words ", as a youth liaison magistrate" are inserted between the words "as a federal magistrate" and the words " or as a magistrate of assistance".
Art. 39. In article 259bis-1, paragraph 2, of the same Code, inserted by the law of 22 December 1998 and amended by the laws of 21 June 2001 and 10 April 2003, the words ", youth liaison magistrates" are inserted between the words "assistance magistrates" and the words "and federal magistrates".
Art. 40. In article 259bis-3, § 3, 4°, of the same Code, inserted by the law of 22 December 1998, the words "adjunct magistrate" are replaced by the words "administrator of assistance, magistrate of youth liaison".
Art. 41. In Article 259bis-10, § 1er, 1°, of the same Code, inserted by the law of 22 December 1998 and amended by the law of 17 July 2000, the words "adjunct magistrate" are replaced by the words "administrator of assistance, magistrate of youth liaison".
Art. 42. Section 259 of the same Code, inserted by the Act of 22 December 1998 and amended by the Acts of 21 June 2001, and of 3 May 2003, are amended as follows:
1° § 1erParagraph 1er, 1°, paragraph 3, is replaced by the following:
"Without prejudice to the preceding provisions, it is necessary, in order to be able to exercise the functions of an investigating judge or juvenile judge, to have specialized training, organized in the framework of the training of judges, referred to in article 259bis-9, § 2. In addition, in order to be able to serve as an investigating judge, a judge must be held in court of first instance for at least one year; »;
2° to § 1erParagraph 1er, 3°, paragraph 1er, the words "the magistrates of assistance" are replaced by the words "the youth liaison magistrates, the magistrates of assistance";
3° § 1, paragraph 1er, 3°, paragraph 2, is supplemented by the following sentence: "For youth liaison magistrates, the opinion prescribed in article 259ter, § 1, is not collected. »;
4° in § 2, paragraph 3, the words "The magistrates of assistance" are replaced by the words "The youth liaison magistrates, the magistrates of assistance";
5° in § 2, paragraph 4, the words "federal magistrate" are replaced by the words "Youth Liaison Magistrate or Federal Magistrate";
6° in § 3, paragraph 2, the words "the assisting magistrate" are replaced by the words "the youth liaison magistrate, the assisting magistrate";
7° to § 3, paragraph 4, the words "a judge of assistance or a federal magistrate" are replaced by the words "a judge in the court of enforcement of sentences, a magistrate of youth liaison, a magistrate of assistance, a federal magistrate or a deputy of the King's prosecutor specialized in the application of penalties".
Art. 43. In article 259s, paragraph 4, of the same Code, inserted by the law of 17 July 2000, the words "of a magistrate of assistance and a federal magistrate" are replaced by the words "of a judge in the court of enforcement of sentences, of a magistrate of youth liaison, of a magistrate of assistance, of a federal magistrate and of a deputy of the procurator of the King specialized in the application of penalties".
Art. 44. Section 259undecies of the same Code, inserted by the Act of 22 December 1998 and amended by the Act of 21 June 2001 and the Act of 3 May 2003, are amended as follows:
1° to § 1er :
- the words "and the youth liaison magistrate" are inserted between the words "assistance magistrate" and the word "who";
- the word "is" is replaced by the word "are";
2° to § 2, the words "or the College of Attorneys General" are inserted between the words "body leader" and the word "transmit".
Art. 45. Article 287, paragraph 1er, of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 3 May 2003, the words "of an auxiliary magistrate or a federal magistrate" are replaced by the words "of a judge in the Court of the Application of Penalties, a youth liaison magistrate, a judge of assistance, a federal magistrate or a substitute for the procurator of the King specialized in the application of penalties".
Art. 46. An article 315bis, as follows, is inserted after Article 315 and before Book II, Title II, Chapter II of the same Code:
"Art. 315bis. - Youth liaison magistrates keep their place on the rank list in their original bodies. »
Art. 47. In Article 341, § 1er2°, of the same Code, as amended by the Act of 22 December 1998, the words "paragraph 2" are replaced by the words "paragraph 3".
Art. 48. In section 355bis of the same Code, inserted by the Act of 4 March 1997 and replaced by the Act of 21 June 2001, the following amendments are made:
1° to § 1er, paragraph 2, the words "and magistrates of assistance" are replaced by the words ", magistrates of assistance and youth liaison magistrates";
2° to § 2, paragraph 1er is replaced as follows: "Section 357, § 2, applies to federal magistrates and youth liaison magistrates. »
Art. 49. Article 410, § 1er, 2°, 6th of the same Code, replaced by the law of 7 July 2002, the words "and youth liaison magistrates" are inserted between the words "assistance magistrates" and the words ", disciplinary authority".
Art. 50. Article 415, § 7, 8th of the same Code, replaced by the law of 7 July 2002, is supplemented by the words "and youth liaison magistrates" after the words "assistance magistrates".
CHAPTER V. - Amendment of the law
of 15 June 1935 on the use of languages in judicial matters
Art. 51. Article 43bis of the Law of 15 June 1935 on the Use of Languages in Judicial Matters, inserted by the Law of 10 October 1967, amended by the Laws of 26 June 1974, 23 September 1985, 23 June 1989, 4 March 1997, 22 December 1998, 17 July 2000 and 21 June 2001, is supplemented by a § 5 written as follows:
Ҥ 5. A youth liaison magistrate must justify by his degree that he has undergone the examinations of doctor, graduate or master in Dutch law.
A youth liaison magistrate must justify by his degree that he has undergone the examinations of a doctor, a graduate or a master in French law.
In the event of the appointment of a youth liaison magistrate specifically competent for the proceedings conducted in the German language, the latter must justify the knowledge of the German language and justify by his degree that he has undergone the examinations of doctor, graduate or master of law in the French language or justify the knowledge of the French language.
For the bodies under the joint community commission of the Brussels Capital Region, the language of the procedure determines to which youth liaison magistrate the file is assigned. »
CHAPTER VI. - Provisions amending the Act of 26 June 1990
on the protection of the person of the mentally ill
Art. 52. Section 1 of the Act of 26 June 1990 on the protection of the person of the mentally ill is amended as follows:
1° the current text, which will form § 1er, is supplemented by the words "and 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. »;
2° it is added a § 2, written as follows:
Ҥ2. The protective measures referred to in this Act are ordered by the justice of the peace.
However, in respect of minors, as well as in respect of the majors for which a measure of youth protection is maintained pursuant to Article 37, § 3, paragraphs 2 and 3, of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the compensation of the damage caused by this fact, the youth court or the juvenile judge is solely competent.
The territorial jurisdiction of the youth court or the youth judge is determined in accordance with Article 44 of the above-mentioned Act of 8 April 1965.
Where the jurisdiction of the youth court referred to in the second paragraph is terminated and a measure provided for in this Act is still in progress, the youth court shall forward the case to the justice of the peace, who shall resume the case in the state. »
Art. 53. The following amendments are made to section 18 of the Act:
1° to § 1er and in § 2, the words "the justice of the peace" are replaced by the words "the judge";
2° in § 2, the words "justice of peace" are replaced by the words "justice of peace or the youth court".
Art. 54. In section 22 of the Act, as amended by the Act of 18 July 1991, the following amendments are made:
1° the words "the justice of the peace" are replaced by the words "the judge";
2° the article is completed as follows:
"In respect of persons referred to in section 1er, § 2, the youth court shall review the retention decision at least every six months, or at least every three months if the measure is taken on the basis of Article 52 of the Youth Protection Act of 8 April 1965, the care of minors who have committed an offence and the compensation of the damage caused by this fact".
Art. 55. In section 30 of the Act, as amended by the Act of 7 May 1999, the following amendments are made:
1° to §§ 1er and 2, the words "peace judge" are replaced by the word "judge";
2° § 3, paragraph 1 is replaced by the following provision:
"The appeal against the judgments of the judge is filed by a request to the president of the court of first instance, who sets the hearing. The case is referred to a three-judge chamber. The appeal against the judgments of the youth court is filed by an application to the president of the court of appeal, who sets the hearing. »;
3° in § 3, paragraph 2, the words "The King's Prosecutor" are replaced by the words "The Attorney General or the King's Prosecutor";
4° in § 3, paragraph 4, the words "court" are replaced by the words "court or court";
5° in § 3, paragraph 5, the words "court" are replaced by the words "court or court";
6° in § 3, paragraph 5, the words "final judgment" are replaced by the words "final decision";
7° to § 4, paragraphs 1er and 2, the words "judgment" are replaced by the words "judgment or judgment" and the words "judgment" by the words "judgment or judgment";
8° in § 5, the words "judgment" are replaced by the words "judgment or judgment" and the words "judgment" by the words "judgment or judgment";
9° in § 6, the words "judgment" are replaced by the words "judgment or judgment";
10° in § 6, the words "The King's Prosecutor" are replaced by the words "The Attorney General or the King's Prosecutor."
Art. 56. In section 31 of the Act, the words "judgment" are replaced by the words "judgment or judgment".
Art. 57. In section 33 of the Act, the words "the court" are replaced by the words "the competent judge".
Art. 58. In section 34 of the Act, the following amendments are made:
1° in the second paragraph, the words "of the sick" are replaced by the words "of the sick person or, if it is a minor, of his legal representatives";
2° in the third paragraph, the words "The justice of the peace and the court cannot" are replaced by the words "The judge, court or court cannot".
Art. 59. Sections 5, 6, 7, 8, 9, 12, 13, 16, 18, 19, 20, 21, 22, 24, 25, 27, 28, 29, 30, 33, 34 and 35 of the same law as amended by the law of 6 August 1993, 6, 7, amended by the law of 7 May 1999, 8, amended by the law of 7 May 1999, 9, 12, 13, 16, 19, 20, amended by the law of 18 July 1991,
CHAPTER VII. - Provisions amending the law of 1er March 2002 on the temporary placement of minors who have committed a crime
Art. 60. Article 2 of the law of 1er March 2002 on the temporary placement of minors who have committed a crime, after the words "the Act of 8 April 1965 on the Protection of Youth" are inserted the words ", the care of minors who have committed a crime and the reparation of the damage caused by this fact".
Art. 61. In section 3 of the Act, the following amendments are made:
(1) the second paragraph shall be replaced by the following provision: "(2) the offence for which it is prosecuted shall, if it is a major offence, result in, within the meaning of the Criminal Code or special laws, a penalty of imprisonment from five years to ten years or a heavier penalty. »
(2) in the 4th the words " § 2, 3°" are replaced by the words " § 2, paragraph 1er7°".
3) at 4°, the words ", to the care of minors who have committed a crime and to the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
4) at 4° the words "§ 2, 4°" are replaced by the words " § 2, paragraph 1er8°".
Art. 62. The following amendments are made to section 5 of the Act:
1° to § 1er, paragraph 2, the words ", to the care of minors who have committed a crime and to the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth. »;
2° to § 2, the words ", to the care of minors who have committed a crime and to the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
Art. 63. Article 8, paragraph 1er, in the same law, the words ", to the care of minors who have committed a qualified offence and to the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
CHAPTER VIII. - Final provision
Art. 64. The King, by order deliberately in the Council of Ministers, may, with a view to its simplification, amend the order, numbering, division in titles, chapters and sections, the drafting and terminology of the provisions 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.
In this case, the King adapts in the same way the references to the said law or its parts or articles, which appear in other provisions.
CHAPTER IX. - Entry into force
Art. 65. With the exception of this section, the King shall determine the date of entry into force of each of the provisions of this Act. These are effective no later than 1er January 2009.
For the entry into force of Article 7, 7°, of this Law, an agreement of cooperation between the State and the Communities, referred to in Article 92 bis, § 1er, the special law of 8 August 1980 of institutional reforms, regulates the modalities of financing and implementation of the measures referred to in that provision.
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 Public Health,
R. DEMOTTE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Regular session 2004-2005.
House of Representatives:
Parliamentary documents. - Bill No. 51 1467/001. - Opinion of the Superior Council of Justice, No. 51 1467/002. - Replacement, No. 51 1467/003. - Amendments, nbones 51 1467/004 to 011. - Report; No. 51 1467/012. - Text adopted by the commission (art. 77 of the Constitution), No. 51 1467/013. - Text adopted by the commission (art. 78 of the Constitution), No. 51 1467/014. - Annex, No. 51 1467/015. Text adopted in plenary and transmitted to the Senate (art. 77 of the Constitution), No. 51 1467/016.
See also:
Full report: 14 July 2005.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-1312/1-2004/2005. - Amendments, nbones 3-1312/2 to 6-2005/2006. - Report, No. 3-1312/7-2005/2006. - Text amended by the Commission, No. 3-1312/8-2005/2006.
Annales du Sénat : 30 mars 2006.
(1) Regular session 2005-2006.
House of Representatives:
Parliamentary documents. - Draft amended by the Senate, No. 51,1467/017. Report, No. 51 1467/018. - Text corrected by the commission, No. 51 1467/019. - Text adopted in plenary and subject to Royal Assent, No. 51,1467/020.
See also:
Full report: 4 May 2006.