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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Posted the: 2006-07-07 Numac: 2006009530 FEDERAL JUSTICE PUBLIC SERVICE 22 May 2006. -Act to amend certain provisions of the Act, on April 17, 1878, containing the preliminary title of the Code of criminal procedure, as well as 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 future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2A article 10, 1 ° bis, of the Act of 17 April 1878 containing the preliminary of the Code of criminal procedure, inserted by the law of August 5, 2003, the following changes are made: 1 °-paragraph 1, insert the words "or a refugee recognised in Belgium and having its habitual residence, within the meaning of the Geneva Convention of 1951 relating to the status of refugees and its additional protocol. "between the words"Belgian nationals"and the words"or a person ";
2 ° paragraph (2) is repealed and replaced with the following sub-paragraph: "prosecutions, including instruction, can be taken only at the request of the federal prosecutor who appreciates any complaints."
3 ° paragraphs 4 and 5 are replaced by the following subparagraphs: ' if the federal prosecutor is of the opinion that one or more conditions laid down in paragraph 3, 1 °, 2 ° and 3 ° are met, it shall take before the Chamber of indictment division of the Court of appeal of Brussels of requisitions to declare, as the case may be, that there is no reason to continue or that public action is not admissible.» The federal prosecutor is only heard.
When the indictments Chamber finds that none of the conditions set out in paragraph 3, 1 °, 2 ° and 3 ° is filled, it means the territorially competent investigating judge and indicate the facts on which will be the statement. It is then proceeded in accordance with the common law.
The federal prosecutor has the right to an appeal in cassation against judgments rendered pursuant to paragraphs 4 and 5. In all cases, this appeal will be brought within fifteen days as of the pronouncement of the judgment.
In the case referred to in paragraph 3, 3 °, the federal prosecutor notifies the Minister of Justice the judgment of the Chamber of indictments, when this stop is more likely to appeal. When the acts were committed after June 30, 2002, the Minister of Justice informed the International Criminal Court of the facts.
In the case referred to in paragraph 3, 4 °, the federal prosecutor class the case no further action and notify its decision to the Minister of Justice. This decision of no further action is likely to no remedy. When the acts were committed after June 30, 2002, the Minister of Justice informed the International Criminal Court of the facts. » Art.
3A article 12bis of the same title inserted by the Act of 17 April 1986, replaced by the law of 18 July 2001 and amended by the law of August 5, 2003 and December 22, 2003, the following changes are made: 1 ° paragraph (2) is repealed and replaced with the following sub-paragraph: "prosecutions, including instruction, can be taken only at the request of the federal prosecutor who appreciates any complaints."
2 ° paragraphs 4 and 5 are replaced by the following subparagraphs: ' if the federal prosecutor is of the opinion that one or more conditions laid down in paragraph 3, 1 °, 2 ° and 3 ° are met, it shall take before the Chamber of indictment division of the Court of appeal of Brussels of requisitions to declare, as the case may be, that there is no reason to continue or that public action is not admissible.» The federal prosecutor is only heard.
When the indictments Chamber finds that none of the conditions set out in paragraph 3, 1 °, 2 ° and 3 ° is filled, it means the territorially competent investigating judge and indicate the facts on which will be the statement. It is then proceeded in accordance with the common law.
The federal prosecutor has the right to an appeal in cassation against judgments rendered pursuant to paragraphs 4 and 5. In all cases, this appeal will be brought within fifteen days as of the pronouncement of the judgment.
In the case referred to in paragraph 3, 3 °, the federal prosecutor notifies the Minister of Justice the judgment of the House of indictments when this stop is more likely to appeal. When the acts were committed after June 30, 2002 and they fall under the jurisdiction of the International Criminal Court, the Minister of Justice informed the International Criminal Court of the facts.
In the case referred to in paragraph 3, 4 °, the federal prosecutor class the case no further action and notify its decision to the Minister of Justice. This decision of no further action is likely to no remedy. When the acts were committed after June 30, 2002 and they fall under the jurisdiction of the International Criminal Court, the Minister of Justice informed the International Criminal Court of the facts. » Art.
4A article 29, § 3, paragraph 2, of Act of 5 August 2003 on serious violations of international humanitarian law, the words "or refugee in Belgium and having its habitual residence, within the meaning of the Geneva Convention of 1951 relating to the status of refugees and its additional Protocol" are added between the words "Belgian nationality" and the words "at the time of the initial commitment of public action.
S. 5. this Act comes into force on March 31, 2006.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, May 22, 2006.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Mrs 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 meeting and forwarded to the Senate, 51-2305 - No. 5.
Compte rendu intégral. -20 April 2006.
Senate.
Documents. -Draft transmitted by the House of representatives, 3-1666 - No. 1. -Report, 3-1666 - No. 2. -Text adopted at the plenary and subject to Royal assent, 3-1666 - No. 3.
Annals of Senate. -11 May 2006.

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