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An Act To Amend Certain Provisions Of The Act Of April 17, 1878, Containing The Preliminary Title Of The Code Of Criminal Procedure, As Well As A Provision Of Act Of 5 August 2003 On Serious Violations Of Law International Humanitarian (1)

Original Language Title: Loi modifiant certaines dispositions de la loi du 17 avril 1878 contenant le Titre préliminaire du Code de procédure pénale, ainsi qu'une disposition de la loi du 5 août 2003 relative aux violations graves de droit international humanitaire (1)

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22 MAI 2006. - An Act to amend certain provisions of the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure and a provision of the Act of 5 August 2003 on serious violations of international humanitarian law (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In Article 10, 1°bis, of the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure, inserted by the Act of 5 August 2003, the following amendments are made:
1° to paragraph 1erinsert the words "or a refugee recognized in Belgium and having its habitual residence there, within the meaning of the 1951 Geneva Convention relating to the Status of Refugees and its Additional Protocol", between the words "Belgian national" and the words "or person";
2° paragraph 2 is repealed and replaced by the following paragraph: "The prosecution, including the investigation, may be initiated only at the request of the federal prosecutor who appreciates any complaints. »;
Paragraphs 4 and 5 are replaced by the following paragraphs:
"If the federal prosecutor is of the opinion that one or more of the conditions set out in paragraph 3, 1°, 2° and 3° are met, he shall take before the board the indictments of the Brussels Court of Appeal requisitions to declare, as the case may be, that there is no need to prosecute or that public action is not admissible. The federal prosecutor is on his own.
When the board of indictment finds that none of the conditions set out in paragraph 3, 1°, 2° and 3° is met, it shall designate the judge of territorially competent instruction and shall state the facts on which the instruction will be carried. It is then proceeded in accordance with common law.
The Federal Prosecutor has the right to file a cassation appeal against judgements under paragraphs 4 and 5. In any case, this appeal will be formed within fifteen days of the pronouncement of the order.
In the case provided for in paragraph 3, 3°, the Federal Prosecutor shall notify the Minister of Justice of the order of the indictment chamber, where that decision is no longer subject to appeal. When the facts were committed after 30 June 2002, the Minister of Justice shall inform the International Criminal Court of the facts.
In the case provided for in paragraph 3, 4°, the Federal Prosecutor shall classify the case without further action and notify the Minister of Justice of its decision. This decision to rank without action is subject to no appeal. When the facts were committed after 30 June 2002, the Minister of Justice shall inform the International Criminal Court of the facts. »
Art. 3. Section 12bis of the same title, inserted by the Act of 17 April 1986, replaced by the Act of 18 July 2001 and amended by the Acts of 5 August 2003 and 22 December 2003, are amended as follows:
1° paragraph 2 is repealed and replaced by the following paragraph: "The prosecution, including the investigation, may be initiated only at the request of the federal prosecutor who appreciates any complaints. »;
2° paragraphs 4 and 5 are replaced by the following paragraphs:
"If the federal prosecutor is of the opinion that one or more of the conditions set out in paragraph 3, 1°, 2° and 3° are met, he shall take before the board the indictments of the Brussels Court of Appeal requisitions to declare, as the case may be, that there is no need to prosecute or that public action is not admissible. The federal prosecutor is on his own.
When the board of indictment finds that none of the conditions set out in paragraph 3, 1°, 2° and 3° is met, it shall designate the judge of territorially competent instruction and shall state the facts on which the instruction will be carried. It is then proceeded in accordance with common law.
The Federal Prosecutor has the right to file a cassation appeal against judgements under paragraphs 4 and 5. In any case, this appeal will be formed within fifteen days of the pronouncement of the order.
In the case provided for in paragraph 3, 3°, the Federal Prosecutor shall notify the Minister of Justice of the order of the indictment chamber when this decision is no longer subject to appeal. When the facts were committed after 30 June 2002 and fall within the material jurisdiction of the International Criminal Court, the Minister of Justice shall inform the International Criminal Court of the facts.
In the case provided for in paragraph 3, 4°, the Federal Prosecutor shall classify the case without further action and notify the Minister of Justice of the decision. This decision to rank without action is subject to no appeal. When the facts were committed after 30 June 2002 and fall within the material jurisdiction of the International Criminal Court, the Minister of Justice shall inform the International Criminal Court of the facts. »
Art. 4. In Article 29, § 3, paragraph 2, of the Act of 5 August 2003 on serious violations of international humanitarian law, the words "or refugee recognized in Belgium and having its habitual residence there, within the meaning of the 1951 Geneva Convention relating to the Status of Refugees and its Additional Protocol" are added between the words "Belgian nationality" and the words "at the time of initial public action".
Art. 5. This Act comes into force on March 31, 2006.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 May 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 2005-2006.
House of Representatives.
Documents. - Bill, 51-2305 - No. 1. - Amendments, 51-2305- No. 2. - Report, 51-2305 - No. 3. - Amendments, 51-2305 - No. 4. - Text adopted in plenary and transmitted to the Senate, 51-2305 - No. 5.
Full report. - 20 April 2006.
Senate.
Documents. - Project transmitted by the House of Representatives, 3-1666 - No. 1. - Report, 3-1666 - Number 2. - Text adopted in plenary and subject to Royal Assent, 3-1666 - No. 3.
Annales de Senat. - 11 May 2006.