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17 MAI 2006. - Act respecting the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART II. - Definitions
Art. 2. For the purposes of this Act and its enforcement orders, the following means:
1st Minister: Minister of Justice;
2° the convicted person: a natural person who has been sentenced to a custodial sentence by virtue of a judicial decision passed by force of a tried act;
3° the director: the official responsible for the local management of the prison or section where the detainee stays;
4th the judge of enforcement of penalties: the president of the court of enforcement of penalties;
5° the Public Prosecutor's Office: the Public Prosecutor's Office near the Court of Enforcement of Penalties;
6° the victim: the following categories of persons who, in the cases provided for in this Act, may request, in the event of a penalty execution modality, to be informed and/or heard according to the rules provided by the King:
(a) the physical person whose civil action is declared admissible and founded;
(b) the person who was a minor, a minor protracted or prohibited at the time of the incident and for which the legal representative did not form a civil party;
(c) the physical person who was unable to form a civil party as a result of a situation of physical impossibility or vulnerability.
In respect of the categories referred to in (b) and (c), the judge of the application of the penalties shall, at their request, appreciate, if they have a direct and legitimate interest;
7th state of recidivism: recidivism as defined by the Penal Code and by specific criminal laws and established in the judgment or judgment by the explicit reference to the conviction that is the basis of recidivism;
8° National Electronic Monitoring Centre: the Federal Public Service Service Service is competent to ensure the implementation and monitoring of electronic surveillance.
PART III. - Provisions concerning the victim
Art. 3. § 1^er. The persons referred to in section 2, 6, (b) and (c), who, in the cases provided for by law, wish to be informed or heard on the granting of a sentence enforcement modality, shall apply in writing to the judge of the application of the penalties.
The Registry shall promptly transmit a copy of the application to the Public Prosecutor's Office. The Public Department renders its notice within seven days of receipt of the copy.
§ 2. Persons referred to in § 1^er may at any time be represented or attended by their counsel. They may also be assisted by the delegate of a public body or an association approved for this purpose by the King.
§ 3. If the sentencing judge considers it useful to be able to rule on the direct and legitimate interest, he or she may ask the applicant to provide additional information in this regard at a hearing. This hearing must be held no later than one month after receipt of the application referred to in § 1^er.
§ 4. The enforcement judge shall rule on the direct and legitimate interest within fifteen days of receipt of the application or, if a hearing has taken place, within fifteen days of the deliberation. The decision shall be communicated to the applicant by registered letter to the position.
The decision is also communicated promptly to the Minister.
§ 5. This decision is not subject to appeal.
PART IV. - The execution of the penalty to be granted by the Minister
CHAPTER I^er- Permission to leave
Art. 4. § 1^er. Exit permission allows the convict to leave the prison for a specified period of time that cannot exceed sixteen hours.
§ 2. Exit permissions may be granted to the convict at any time of detention for:
1° to defend social, moral, legal, family, training or professional interests that require his presence outside the prison;
2° to undergo medical examination or treatment outside the prison.
§ 3. During the two years prior to the date of parole eligibility, leave to release may be granted to the convicted person in order to prepare for his social reintegration. These exit permissions may be granted with a specific periodicity.
§ 4. Execution of the custodial sentence continues during the period of leave granted.
Art. 5. Exit permission is granted on condition:
1° that the convict is in the time conditions referred to in Article 4, §§ 2 and 3;
2° that there is no counter-indication in the head of the convict to which the setting of special conditions cannot be met; these contraindications relate to the risk that the convicted person will be subtracted from the execution of his or her sentence, the risk that he or she may commit serious offences during leave of release or the risk that he or she may import the victims;
3° that the convicted person agrees with the conditions that may be attached to the leave of release under Article 11, § 3.
CHAPTER II. - Prison leave
Art. 6. § 1^er. Prison leave allows the convicted person to leave the prison three times thirty six hours per quarter.
§ 2. The purpose of the prison leave is to:
1° to preserve and promote the family, emotional and social contacts of the convict;
2° to prepare the social reintegration of the convict.
§ 3. The enforcement of the custodial sentence continues during the period of the prison leave granted.
Art. 7. Prison leave is granted to any convicted person who meets the following conditions:
1° the convicted person is in the year before the date of eligibility for parole;
2° There is no counter-indications in the head of the convict to which the setting of special conditions cannot be met; these contraindications relate to the risk that the convicted person will be subtracted from the execution of his sentence, the risk that he or she may commit serious offences during the prison leave or the risk that he or she may import the victims;
3° the convicted person agrees with the conditions that may be attached to the prison leave under Article 11, § 3.
Art. 8. Three months before the convict is in the condition of time provided for in Article 7, 1°, the director informs the convict, in writing, of the possibility of granting prison leave.
The convict addresses his written request for prison leave to the director.
The Director may direct the Federal Public Service Justice Houses Service to prepare a brief information report or to conduct a social investigation in the reception area proposed by the prisoner. The content of this brief information report and this social inquiry is determined by the King.
Within two months of the receipt of the application, the Director shall prepare a reasoned notice, transmit the request and his or her advice to the Minister or his or her delegate and send a copy to the convicted person.
Art. 9. If the Director's notice is not communicated within the time limit set out in section 8, paragraph 4, the President of the Court of First Instance may, at the written request of the convicted person, sentence the Minister to issue his notice, through the Director within the time limit provided by the President of the Court of First Instance and to provide a copy of that notice to the convicted person.
The President shall rule after hearing the convict and the Minister or his or her delegate, on the advice of the Public Prosecutor's Office within five days of receiving the application.
This decision is not subject to appeal.
CHAPTER III. - Provisions common to chapters I^er II
Section I^re. - The procedure for granting leave and leave
Art. 10. § 1^er. Exit leave or prison leave shall be granted by the Minister or his or her delegate, at the request of the convicted person and after a reasoned opinion from the director. The Director's notice contains, where appropriate, a proposal as to the specific conditions that the Director considers should be set.
§ 2. Within fourteen days of receipt of the file, the Minister or his delegate makes a decision. This reasoned decision is communicated in writing within 24 hours to the convict, the public prosecutor and the director.
If the Minister or his or her delegate considers that the file is not in a state and that additional information is required to make a decision, this period may be extended only once for a seven-day period. The Minister or his delegate shall promptly inform the Director and the convicted person.
The victim is, within 24 hours, informed in writing of the granting of a first prison leave.
§ 3. If the leave referred to in section 4, or the prison leave is refused, the convict may apply a new application no later than three months after the date of that decision.
The decision of the Minister or his delegate is motivated.
§ 4. If no decision is made within the time limit, the Minister is deemed to have granted leave or leave of absence. Such leave or leave of absence shall be accompanied by the specific conditions proposed by the Director, if any, in accordance with § 1^er.
Art. 11. § 1^er. The decision to grant exit permission specifies the duration and, if applicable, the periodicity.
§ 2. The decision to grant a penitentiary leave is expected to be renewed in full law each quarter, unless the Minister or his delegate decides otherwise.
The Director shall, after consultation with the convicted person, decide on the allocation of leave granted for each quarter.
§ 3. The Minister or his or her delegate shall make a decision to grant leave or leave of absence from the general condition that the convicted person may not commit new offences. Where applicable, it shall determine the special conditions in the light of the provisions of articles 5, 2°, and 7, 2°.
§ 4. By a reasoned decision, the Minister or his or her delegate may, on his or her own motion, at the request of the convict, or at the proposal of the Director or the Public Prosecutor's Office, adapt the specific conditions referred to in § 3.
Section II. - Measures for non-compliance and provisional arrest
Art. 12. § 1^er. In the event of non-compliance with the conditions of a decision to grant leave, granted with a certain periodicity, the Minister or his delegate may decide:
1° to adapt the conditions;
2° to suspend the decision for a period of up to three months, beginning with the last leave granted;
3° to revoke the decision; in that case, the convicted person may apply a new application no later than three months after the date of the revocation.
§ 2. In the event of non-compliance with the conditions of a decision to grant a prison leave, the Minister or his or her delegate may decide:
1° to adapt the conditions;
2° to suspend the decision for a period of up to three months, from the last leave granted;
3° to revoke the decision; in that case, the convicted person may apply a new application no later than three months after the date of the revocation.
Art. 13. The Minister or his or her delegate makes a decision within fourteen days of the date on which he or she became aware of the non-compliance. This reasoned decision is communicated in writing within 24 hours to the convict, the public prosecutor and the director.
If this is a decision made in accordance with Article 12, § 2, the victim shall be informed in writing within 24 hours.
Art. 14. If the convicted person seriously jeopardizes the physical or psychological integrity of third parties, the King's prosecutor near the court in whose jurisdiction the convicted person is located may order the provisional arrest of the convicted person. He immediately forwards his decision to the Minister or his delegate.
The Minister or his or her delegate shall make a decision on leave of absence or prison leave within seven days of the arrest of the convicted person. This reasoned decision is communicated in writing within 24 hours to the convict, the public prosecutor and the director.
If this is a decision on prison leave, the victim is informed in writing within 24 hours.
CHAPTER IV. - The interruption of the execution of the sentence
Art. 15. § 1^er. The interruption of the execution of the sentence suspends the execution of the sentence for a maximum of three months, renewable.
§ 2. The interruption of the execution of the sentence is granted to the convicted person on serious and exceptional grounds of a family character.
§ 3. The limitation period of the sentence does not run during the interruption of the execution of the sentence.
Art. 16. The interruption of the execution of the sentence is not permitted if there are counter-indications in the head of the convicted person; These counter-indications relate to the risk that the convicted person will be subtracted from the execution of his sentence, the risk that he or she will commit serious offences during the interruption of the execution of the sentence or the risk that he or she will import the victims.
Art. 17. § 1^er. The interruption of the execution of the sentence shall be granted by the Minister or his delegate to the written request of the convicted person and after a reasoned opinion of the director.
The Minister or his or her delegate and the Director may direct the Federal Public Service Houses of Justice Service to prepare a brief information report or to conduct a social inquiry into the serious and exceptional family reasons referred to by the convicted person to request an interruption in the execution of the sentence. The content of this brief information report and this social inquiry is determined by the King.
§ 2. The Minister or his or her delegate shall make a decision within fourteen days of receiving the application from the convicted person. This reasoned decision is communicated in writing within 24 hours to the convict, the Public Prosecutor's Office, the Director.
The victim is, within 24 hours, informed in writing of the termination of the execution of the sentence.
§ 3. The decision to interrupt the execution of the sentence specifies the duration of the sentence.
Art. 18. The interruption of sentence may be extended to the request of the convicted person in accordance with the procedure laid down in article 17.
Art. 19. If the convicted person seriously jeopardizes the physical or psychological integrity of third parties, the Crown's prosecutor near the court in whose jurisdiction the convicted person is found may order the provisional arrest of the convicted person. He immediately forwards his decision to the Minister or his delegate.
The Minister or his or her delegate makes a decision on the continued interruption of the execution of the sentence within seven days of the arrest of the convicted person. This reasoned decision is communicated in writing within 24 hours to the convicted person, the public prosecutor, the director and the victim.
Art. 20. Except as provided for in section 19, the interruption of the execution of the sentence shall be terminated in full if the convicted person is again incarcerated.
In order to obtain a further interruption in the execution of the sentence, the convicted person must submit a new written request.
PART V. - Procedures for enforcement of the sentence granted by the enforcement judge and the enforcement court
CHAPTER I^er. - Limited detention and electronic surveillance
Section I^re. - Limited detention
Art. 21. § 1^er. Limited detention is a means of enforcement of the custodial sentence, which allows the convicted person to leave the prison for a fixed period of up to twelve hours a day.
§ 2. Limited detention may be granted to the convicted person in order to defend professional, training or family interests that require his presence outside the prison.
Section II. - Electronic surveillance
Art. 22. Electronic surveillance is a method of enforcement of the custodial sentence by which the convict suffers all or part of his custodial sentence outside the prison according to a specific execution plan, whose respect is controlled by electronic means.
Section III. - Time conditions
Art. 23. § 1^er. Limited detention and electronic supervision may be granted to the convicted person who:
1° is, at about six months, in the time conditions for granting parole, or
2° was sentenced to one or more custodial sentences of which the executory party does not exceed three years.
The convict must also meet the requirements of Article 28, § 1^eror, where applicable, articles 47, § 1^erand 48.
§ 2. Four months before the convict in custody is in the time conditions referred to in § 1^er, 1°, the director in writing informs him of the possibility of requesting limited detention or electronic surveillance.
The convict may at that time file a written request for limited detention or electronic surveillance in accordance with articles 29 and 49.
CHAPTER II. - Parole
Section I^re. - Definition
Art. 24. Conditional release is a method of enforcement of the custodial sentence by which the sentenced person is sentenced outside the prison, subject to the conditions imposed on him for a specified period of trial.
Section II. - Time conditions
Art. 25. § 1^er. Parole is granted to any sentenced to one or more custodial sentences of which the party to be executed is three years or less, provided that the convicted person has suffered a third of these sentences and meets the conditions set out in article 28, § 1^er.
§ 2. Conditional release is granted to any sentenced to one or more custodial sentences, the party to be executed is more than three years, provided that the convicted person has:
(a) a third of these penalties;
(b) if the judgment or sentence of conviction found that the convicted person was in a recidivism condition, he suffered two thirds of the sentences, without the duration of the sentences already suffered exceeding fourteen years;
(c) in the event of a conviction for a custodial sentence, ten years of the sentence, or, in the event of a conviction that the convicted person was in a state of recidivism, sixteen years of the sentence;
and meet the conditions set out in Articles 47, § 1^erand 48.
CHAPTER III. - Preliminary release for the removal of territory or surrender
Art. 26. § 1^er. The provisional release for the removal of the territory or the surrender is granted to the convicted person to one or more custodial sentences of which the party to be executed is three years or less, provided that the convicted person has suffered a third of these sentences and meets the conditions set out in article 28, § 2.
§ 2. The provisional release for the removal of the territory or of the surrender is granted to the sentenced person to one or more custodial sentences whose part to be executed is more than three years, provided that the convicted person has:
(a) a third of these penalties;
(b) if the judgment or sentence of conviction found that the convicted person was in a recidivism condition, he suffered two thirds of the sentences, without the duration of the sentences already suffered exceeding fourteen years;
(c) in the event of a conviction for a custodial sentence, ten years of the sentence, or, in the event of a conviction that the convicted person was in a state of recidivism, sixteen years of the sentence;
and meet the requirements of Article 47, § 2.
PART VI. - Granting of the execution of the sentence set out in Title V
CHAPTER I^er. - Custodial sentences of three years or less
Section I^re. - Definition
Art. 27. For the purposes of this chapter, a custodial sentence of three years or less must be heard, one or more custodial sentences of which the party to be executed is three years or less.
Section II. - Conditions
Art. 28. § 1^er. With the exception of the provisional release for the removal of territory or surrender, the terms and conditions for the execution of the sentence set out in Title V may be granted to the convicted person provided that there is no contraindications in the head of the sentenced person. These contraindications relate to:
1° the fact that the convicted person does not have the opportunity to meet his needs;
2° a manifest risk for the physical integrity of third parties;
3° the risk that the convicted person imports the victims;
4° the convict's attitude towards the victims of the offences that gave rise to his conviction.
The first is not applicable to limited detention.
§ 2. The provisional release for the removal of the territory or surrender may be granted to the convict provided that there is no contraindications in the head of the convict. These contraindications relate to:
1° the possibilities for the convict to have housing;
2° a manifest risk for the physical integrity of third parties;
3° the risk that the convicted person imports the victims;
4° the efforts of the convict to compensate the civil parties.
Section III. - The grant procedure
Art. 29. § 1^er. Limited detention and electronic supervision are granted by the judge of the application of sentences to the written request of the convicted person.
§ 2. The written request shall be submitted to the court's office for the enforcement of sentences or to the prison office if the convicted person is in custody.
The prison registry shall forward the written application to the court's office of enforcement within 24 hours and give a copy to the director.
§ 3. If the convicted person is in custody, the Director shall render a notice within two months of receipt of the written request. Sections 31 and 32 are applicable.
Art. 30. § 1^er. Conditional release and provisional release for the removal of territory or remission are granted by the judge of the application of penalties on the advice of the director.
§ 2. The Director shall render an opinion no later than four months and no later than two months before the convicted person meets the conditions of time provided for in Articles 25, § 1^er, and 26 § 1^er. Sections 31 and 32 are applicable.
If the deadlines set out in paragraph 1^er cannot be respected because the conviction has not yet been forcible, the director renders his notice within two months after a conviction has passed in force of a judgment.
Art. 31. § 1^er. In order to draft his opinion, the director is a file and hears the convict. This file contains:
- a copy of the lock sheet;
- a copy of judgments and judgments;
- the statement of the facts for which the individual was convicted;
- an extract from the criminal record;
- the date of eligibility for the execution of the penalty concerned;
- the report of the director drawn up according to the rules established by the King;
- where applicable, the reasoned advice of a service specialized in the guidance or treatment of sexual offenders;
- the remarks of the staff conference, if the convict has requested to be heard by this body in accordance with § 2;
- the memory of the convict or his counsel.
§ 2. The convict may, at his request, also be heard by the prison staff conference, whose composition and functioning are determined by the King. The written comments of the staff conference are attached to the file.
§ 3. The Director's notice contains a reasoned proposal to grant or refuse the execution of the sentence and, where appropriate, the specific conditions that he considers necessary to impose on the convicted person.
§ 4. The Director's notice is sent to the court's office of enforcement of sentences, and a copy is provided to the public prosecutor and the convicted person.
§ 5. If the Director's notice is not communicated within the time limit set out in sections 29, § 3 and 30, § 2, the President of the Court of First Instance may, at the written request of the convicted person, sentence the Minister under penalty of arrest to issue his notice, through the Director within the time limit provided by the President of the Court of First Instance and to provide a copy of that notice to the convicted person.
The President shall rule after hearing the convict and the Minister or his or her delegate, on the advice of the Public Prosecutor's Office, within five days of receiving the application.
This decision is not subject to appeal.
Art. 32. If the convicted person is sentenced to a penalty for acts referred to in sections 372 to 378 of the Criminal Code, or for acts referred to in sections 379 to 387 of the same Code, if they have been committed on minors or with their participation, the application referred to in section 29 or the notice referred to in section 30 must be filed with a reasoned notice of a service specialized in the guidance or treatment of sexual offenders.
The notice contains an appreciation of the need to impose treatment.
Art. 33. § 1^er. In the month of receipt of the Director's notice or, if the convicted person is not detained, of the introduction of the application, the Public Prosecutor's Office shall prepare a reasoned opinion, transmit it to the judge of the application of the sentences and transmit a copy thereof to the convicted person and the director.
§ 2. If a non-detainee requests limited detention or electronic surveillance, the Public Prosecutor's Office may, for the purpose of granting limited detention or electronic surveillance, direct the Federal Justice Public Service Houses Service or the National Electronic Monitoring Centre to prepare a brief information report or to conduct a social inquiry. The content of this brief information report and this social inquiry is determined by the King.
Art. 34. § 1^er. The review of the case takes place at the first useful hearing of the judge of enforcement of sentences after receiving the notice from the Public Prosecutor's Office. This hearing must be held no later than two months after the application is filed or after the Director's notice is received. If the notice of the Public Prosecutor's Office is not communicated within the time limit set out in section 33, the Public Prosecutor's Department must render its notice in writing before or during the hearing.
The convict, the director, if the convict is in custody, and the victim is informed by court of the place, day and time of the hearing.
§ 2. The file shall be held, at least four days before the date fixed for the hearing, at the disposal of the convict and his counsel for consultation at the court office of the enforcement of sentences or, if the convict is in custody, at the office of the prison where he is sentenced.
The convict may, upon request, obtain a copy of the record.
Art. 35. § 1^er. The enforcement judge hears the convict and his counsel, the Public Prosecutor's Office, and if the convict is in custody, the director.
The victim is heard on the specific conditions imposed in his interest.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The judge of enforcement of sentences may also decide to hear other persons.
§ 2. If a non-detainee requests limited detention or electronic surveillance, the enforcement judge may, respectively, charge the Federal Public Service Justice Houses Service or the National Electronic Monitoring Centre to prepare a summary report or conduct a social investigation.
Art. 36. The hearing is closed.
When the enforcement judge has refused three times to grant a sentence enforcement modality, the convicted person may request a public hearing.
This application can only be rejected by reason of decision if this advertisement is dangerous to public order, good morals or national security.
Art. 37. The sentencing judge may only give the case a review to a subsequent hearing, without the hearing being held more than two months after delivery.
Section IV. - The judge's decision on the application of penalties
Sub-section I^re. - General provision
Art. 38. The sentencing judge makes his decision within seven days of deliberation.
It grants the enforcement of the sentence when it finds that all the conditions laid down by law are met, and if the convicted person accepts the conditions of granting fixed by the judge of enforcement of the sentences.
Sub-section II of the decision to grant a modality of execution of the sentence
Art. 39. The award of the penalty modality determines that the convicted person is subject to the following general conditions:
1° do not commit offences;
2° except for limited detention, have a fixed address and, in the event of a change of address, communicate promptly the address of his new residence to the Public Prosecutor's Office and, where applicable, to the Justice Assistant in charge of his guidance;
3° follow-up to the summonses of the Public Prosecutor's Office and, if applicable, of the Justice Assistant responsible for exercising guidance.
Art. 40. The enforcement judge may subject the convicted person to individualized conditions if they are absolutely necessary to limit the risk of recidivism or if they are necessary in the interests of the victim.
Art. 41. If the convicted person is sentenced to one of the acts referred to in sections 372 to 378 of the Criminal Code, or for acts referred to in sections 379 to 387 of the same Code, if they have been committed on minors or with their participation, the judge of the application of the penalties may award the execution of the penalty of the obligation to follow guidance or treatment in a specialized service in the guidance or treatment of offenders. The judge shall determine the duration of the period during which the convicted person shall follow such guidance or treatment.
Art. 42. The judge of enforcement of sentences determines in the judgment of granting limited detention or electronic surveillance the program of the concrete content of the sentence.
The Justice Assistant or, where appropriate, the National Electronic Monitoring Centre shall be responsible for giving concrete content to the execution of the sentence granted in accordance with the terms and conditions established by the King.
Art. 43. At the request of the convicted person, the sentencing judge gives him prison leave during limited detention or electronic surveillance. The judge of the application of penalties shall determine the duration of the sentence, which shall not be less than three times thirty-six hours per quarter. The leave is renewed in full right each quarter.
Art. 44. § 1^er. If the judge of the enforcement of sentences decides to grant limited detention or electronic supervision, the judge shall determine the period for which such enforcement of the sentence is granted. This period is set at a maximum of six months and can be extended once for a maximum period of six months. The duration of the period can never exceed that of the initial deprivation of liberty and must reach a minimum of one third of the sentence.
§ 2. Fifteen days before the end of the period provided for in § 1^er, the judge of enforcement of sentences shall decide on the extension of this sentence or, at the request of the convicted person, on the conversion of the limited detention measure to an electronic surveillance measure.
The convicted person and the victim are informed by court of the place, day and time of the hearing.
The file shall be held for at least two days before the date fixed for the hearing at the disposal of the convicted person and his counsel for consultation at the court office of the enforcement of the penalties.
The convict may, upon request, obtain a copy of the record.
§ 3. The sentencing judge hears the convicted person, his counsel and the public prosecutor.
The victim is heard on the specific conditions to be imposed in his interest.
The hearing is closed.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
§ 4. The sentencing judge makes his decision within seven days of deliberation.
Section 46 is applicable.
§ 5. At the expiry of the period fixed in accordance with §§ 1^er and 2, the convict is released and is subjected to a trial period for the portion of the custodial sentences that he still faces. It is subject to the general condition that it cannot commit new offences and, where applicable, to the condition referred to in section 41.
Sub-section III. - The decision to not grant a modality of execution of the sentence
Art. 45. If the judge of enforcement of sentences does not grant the modality of execution of the requested sentence, he shall state in his judgment the date on which the convicted person may apply a new application or the date on which the director must issue a new notice.
This period cannot exceed six months from the judgment.
Sub-section IV. - Communication of the decision
Art. 46. § 1^er. The judgment shall be notified within 24 hours, by judicial fold, to the convict and brought in writing to the public prosecutor and, if the convict is in custody, to the director.
The victim is informed within 24 hours in writing of the judgement and, where applicable, of the conditions imposed in his interest.
§ 2. The award of a sentence enforcement modality is communicated to the following authorities and authorities:
- to the head of the local police force of the commune where the convict will settle;
- the national data bank provided for in section 44/4 of the Police Service Act of 5 August 1992;
- if applicable, to the director of the courthouse of the judicial district of the place of residence of the convicted person;
- the National Electronic Monitoring Centre, if the decision concerns the granting of electronic surveillance.
CHAPTER II. - Custodial sentences of more than three years
Section I^re. - Conditions
Art. 47. § 1^er. With the exception of the provisional release for the removal of territory or surrender, the terms and conditions for the execution of the sentence set out in Title V may be granted to the convicted person provided that there is no contraindications in the head of the sentenced person. These contraindications relate to:
1° the lack of prospects for the social reintegration of the convict;
2° the risk of further serious offences;
3° the risk that the convicted person imports the victims;
4° the convict's attitude towards the victims of the offences that gave rise to his conviction.
§ 2. The provisional release for the removal of the territory or surrender may be granted to the convict provided that there is no contraindications in the head of the convict. These contraindications relate to:
1° the possibilities for the convict to have housing;
2° the risk of further serious offences;
3° the risk that the convicted person imports the victims;
4° the efforts of the convict to compensate the civil parties.
Art. 48. Except for provisional release for the removal of the territory or surrender, the convict's file must contain a social reintegration plan indicating the prospects for the reintegration of the convict.
Section II. - The grant procedure
Art. 49. § 1^er. Limited detention and electronic supervision are granted by the court of application of sentences to the written request of the convicted person.
§ 2. The application is filed at the prison office.
The prison registry shall forward the application to the court's office of enforcement within 24 hours and give a copy to the director.
§ 3. The Director makes a notice within two months of receipt of the copy of the application. Sections 31 and 32 are applicable.
Art. 50. § 1^er. Conditional release and provisional release for the removal of territory or remission are granted by the court of application of the penalties on the advice of the director.
§ 2. The Director shall render an opinion no later than four months and no later than two months before the convicted person meets the conditions of time provided for in Articles 25, § 2, and 26, § 2. Sections 31 and 32 are applicable.
Art. 51. In the month of receipt of the Director's notice, the Public Prosecutor's Office shall prepare a reasoned opinion, transmit it to the enforcement court and transmit a copy to the convict and the director.
Art. 52. § 1^er. The review of the case takes place at the first useful hearing of the enforcement court after receiving the notice from the Public Prosecutor's Office. This hearing must be held no later than two months after the written application is filed or after the Director's notice is received.
The convicted person, the director and the victim are informed by court of the place, day and time of the hearing.
§ 2. The file shall be held, for at least four days before the date fixed for the hearing, at the disposal of the convict and his counsel for consultation at the prison office where the convict is sentenced.
The convict may, upon request, obtain a copy of the record.
Art. 53. The enforcement court hears the convicted person and his counsel, the Public Prosecutor's Office and the Director.
The victim is heard on the specific conditions to be put in his interest.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The enforcement court may also decide to hear other people.
Sections 36 and 37 are applicable.
Section III. - The court's decision on the application of penalties
Sub-section I^re. - General provision
Art. 54. The enforcement court makes its decision within seven days of deliberation.
The enforcement court shall grant the enforcement of the sentence, when it finds that all the conditions laid down by law are met, and if the convicted person agrees on the conditions imposed.
Sub-section II. - The decision to grant a modality of execution of the sentence
Art. 55. The decision to grant the execution of the sentence specifies that the convicted person is subject to the following general conditions:
1° do not commit offences;
2° except for limited detention, have a fixed address and, in the event of a change, promptly communicate the address of his new residence to the Public Prosecutor's Office and, where applicable, to the Legal Assistant in charge of guidance;
3° follow-up to the summonses of the Public Prosecutor's Office and, where applicable, the Legal Assistant responsible for guidance.
Art. 56. The court of enforcement of sentences may subject the convicted person to individualized conditions that allow for the realization of the social reintegration plan, which allows for counter-indications referred to in article 47, § 1^er, or are necessary in the interests of the victims.
Sections 41 to 43 are applicable.
Sub-section III
From the decision not to grant a modality of execution of the sentence
Art. 57. If the enforcement court does not grant the modality of execution of the requested sentence, it shall state in its judgment the date on which the convicted person may apply a new application or the date on which the director must issue a new notice.
This period may not exceed six months from the judgment when the convicted person is sentenced to one or more principal correctional sentences, the total of which does not exceed five years. This period is up to one year in the event of criminal penalties or where the total number of primary prison sentences is more than five years.
Sub-section IV. - Communication of the decision
Art. 58. § 1^er. The judgment shall be notified within 24 hours, by judicial fold, to the convict and brought in writing to the public prosecutor and, if the convict is in custody, to the director.
The victim is informed, in writing and within 24 hours, of the judgement and, where applicable, of the conditions imposed in his interest.
§ 2. The award of a sentence enforcement modality is communicated to the following authorities and authorities:
- to the head of the local police force of the commune where the convict will settle;
- to the national data bank referred to in section 44/4 of the Police Service Act of 5 August 1992;
- if applicable, to the director of the courthouse of the judicial district of the place of residence of the convicted person;
- the National Electronic Monitoring Centre, if it is a decision to issue electronic surveillance.
CHAPTER III. - Provisions common to chapters 1 and II
Section I^re. - Special measures
Art. 59. On an exceptional basis, the judge of enforcement of sentences or the court of enforcement of sentences, having a procedure for granting a modality of enforcement of the sentence, may grant a modality of execution of the sentence other than the one requested if it is absolutely necessary to allow the short-term award of the modality of execution of the requested sentence. It may thus grant:
1° exit permission;
2° Penitentiary leave;
3° limited detention;
4° electronic surveillance.
Within two months of the decision to grant the specific modality of enforcement of the sentence, the judge of enforcement of the penalties or the court of enforcement of the penalties shall decide on the modality of enforcement of the sentence requested. This period can be extended once.
Section II. - From the beginning of the execution of the sentence execution modality
Art. 60. The award of a penalty execution modality referred to in Part V is enforceable from the day on which the sentence was tried and as soon as the convicted person met the time conditions set out in sections 25 or 26.
However, the judge of enforcement of sentences or the court of enforcement of penalties may determine at a later date when the judgment is enforceable.
Paragraphs 1^er and 2 do not apply to the decisions of granting a provisional release for surrender that become enforceable at the time of surrender.
Section III. - Change of decision
Art. 61. § 1^er. If, after the decision to grant a modality of execution of the sentence referred to in Part V, a situation incompatible with the conditions set out in that decision, the judge of enforcement of the penalties or the court of enforcement of the penalties may, upon requisition of the public prosecutor, make a new decision, including the withdrawal of the modality of execution of the sentence that had been granted.
§ 2. The Public Prosecutor's Office quotes the convicted person to appear before the judge of the application of the sentences or, where applicable, the court of enforcement of the sentences within seven days of the finding of incompatibility. The citation suspends the execution of the decision to grant the execution of the sentence in question.
The director and the victim are informed by judicial fold of the place, day and time of the hearing.
§ 3. The file shall, for at least two days before the date fixed for the hearing, be made available to the convict and his counsel for consultation at the court's office of enforcement of sentences.
The convict may, upon request, obtain a copy of the record.
§ 4. The hearing is closed.
The enforcement judge or the enforcement court hears the convicted person and his counsel, the public prosecutor and the director.
The victim is heard on the specific conditions to be imposed in his interest.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The judge of enforcement of sentences or the court of enforcement of sentences shall make his decision within seven days of the deliberation.
Section 46 is applicable.
PART VII. - Monitoring and monitoring of the execution of the sentence referred to in Part V
Art. 62. § 1^er. Without prejudice to the application of section 20 of the Police Service Act of 5 August 1992, the Public Prosecutor's Office is responsible for the control of the convicted person.
§ 2. If special conditions are imposed or electronic surveillance is granted, the justice assistant, or if necessary the National Electronic Monitoring Centre, summons the convicted person immediately after the award of a enforcement modality has become enforceable, in order to provide him with any information that is useful to the proper execution of the sentence.
§ 3. In the month of the award of the sentence enforcement modality, the justice assistant, or if applicable the National Electronic Monitoring Centre, shall report to the judge of the enforcement of sentences or to the court of enforcement of sentences on the convicted person, and whenever he considers it useful or the judge of enforcement of sentences or the court of enforcement of sentences shall invite him, at least once. Where applicable, the Justice Assistant or the National Electronic Monitoring Centre proposes the measures it considers useful.
Communications between the sentencing judge or the sentencing court, justice assistants, and, where appropriate, the National Electronic Monitoring Centre, give rise to reports with a copy addressed to the Public Prosecutor's Office.
When the judge of enforcement of sentences or the court of enforcement of penalties is aware of serious breaches of the conditions laid down in one of the terms of enforcement of the sentence referred to in Part V, a report is forwarded to the Public Prosecutor's Office.
§ 4. If the award of the execution of the sentence is subject to the condition of following guidance or treatment, the judge of the application of the sentences or the court of enforcement of the sentences shall invite the convicted person, in the light of the expertise carried out during the proceedings, and, where appropriate, during the execution of the deprivation of liberty, to choose a competent person or a competent service. This choice is subject to the approval of the judge of the application of penalties or the enforcement court.
Such a person or service that accepts the mission, shall address to the judge of the application of the penalties or to the court of application of the penalties and to the assistant of justice, in the month of the granting of the modality of execution of the sentence and whenever such person or service considers it useful, at the invitation of the judge of enforcement of the penalties or the court of enforcement of the sentence, and at least once
The report referred to in the previous paragraph addresses the following points: the actual presence of the interested party in the proposed consultations, its unwarranted absences, the unilateral cessation of guidance or treatment by the interested party, the difficulties encountered in the implementation of the proposed consultations, and situations involving serious risk to third parties.
Art. 63. § 1^er. The convicted person, the Public Prosecutor's Office and the Director may apply to the enforcement judge or the enforcement court to suspend one or more of the conditions imposed, specify or adapt them to the circumstances, but without strengthening or imposing additional conditions.
The written application shall be filed with the court's office of enforcement of sentences, or with the prison office if the convicted person is detained.
The prison's office transmits the written request within 24 hours to the court's office of enforcement of sentences.
A copy of the written application to the other parties shall be forwarded to the court of enforcement without delay.
If these are conditions that are imposed in the victim's interest, a copy of the application is also transmitted promptly to the victim.
§ 2. If they have comments, the sentenced person, the Public Prosecutor's Office, the Director and, if any, the victim shall communicate them in writing, within seven days of receipt of the copy, to the sentencing judge or to the enforcement court.
§ 3. If the judge of enforcement of sentences or the court of enforcement of penalties considers it useful to be able to rule on suspension, precision or adaptation, in accordance with § 1^er, conditions imposed, it may organize a hearing to gather more information on this subject. This hearing shall be held no later than one month after receipt of the written request referred to in § 1^er. The convicted person and his or her counsellor and the public ministry are heard.
If these are conditions that have been imposed in the victim's interest, the victim may be heard. The victim may be represented or assisted by an advisor and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The enforcement judge or the enforcement court may also decide to hear other persons.
The hearing is closed.
§ 4. Within fifteen days of receipt of the written application or, if a hearing takes place, within fifteen days of the deliberation, the judge of the application of the penalties or the court of enforcement of the penalties renders its decision. The judgment on suspension, precision or adaptation, in accordance with § 1^er, measures imposed are communicated by registered letter to the position to the convicted person and the victim, if these are conditions that have been imposed in the interests of the victim, and are brought to the attention of the public prosecutor and the director.
The amendments are also communicated to the authorities and to the bodies which, in accordance with articles 46, § 2, and 58 § 2, must be informed.
PART VIII. - The revocation, suspension and revision of the terms and conditions of execution of the sentence referred to in Part V
CHAPTER I^er- Revocation
Art. 64. The Public Prosecutor's Office may appeal to the judge for the application of the penalties or, where appropriate, the court for the application of the penalties for the revocation of the enforcement of the sentence granted, in the following cases:
1° if it is found, in a decision taken in force of a judgment, that the convicted person committed an offence or a crime during the trial period;
2° if the convicted person seriously endangers the physical or psychological integrity of third parties;
3° if the particular conditions imposed are not met;
4° if the convicted person fails to comply with the summons of the judge of the application of penalties or the court of enforcement of sentences, the public prosecutor or, where applicable, the court assistant.
5° if the convicted person does not communicate his or her change of address to the Public Prosecutor's Office and, if applicable, to the Legal Assistant in charge of exercising guidance.
Art. 65. In the event of revocation, the convict shall be immediately reincarcerated.
In the event of revocation in accordance with Article 64, 1°, revocation shall be deemed to have commenced on the day the crime or offence was committed.
CHAPTER II. - Suspension
Art. 66. § 1^er. In the cases referred to in section 64, the Public Prosecutor's Office may appeal to the judge for the application of the penalties or the court for the suspension of the enforcement of the sentence.
§ 2. In the event of suspension, the convict is immediately reincarcerated.
§ 3. Within a maximum period of one month from the suspension judgment, the judge of the application of penalties or the court of enforcement of sentences revokes the execution of the sentence or lifts the suspension of the sentence. In the latter case, the execution of the sentence may be reviewed in accordance with the provisions of Article 63. If no decision is taken within this period, the convicted person shall be released under the same conditions as previously.
CHAPTER III. - Revision
Art. 67. § 1^er. If the judge of enforcement of sentences or the court of enforcement of sentences, referred in accordance with sections 64 or 66, considers that revocation or suspension is not necessary in the interests of the society, victim or social reintegration of the convicted person, he or she may review the execution of the sentence. In this case, the enforcement judge or the enforcement court may strengthen the conditions imposed or impose additional conditions. The execution of the sentence is, however, revoked if the convicted person does not agree on the new conditions.
§ 2. If the judge of enforcement of sentences or the court of enforcement of sentences decides to strengthen the conditions imposed or impose additional conditions, he shall determine when the decision becomes enforceable.
CHAPTER IV. - The procedure
Art. 68. § 1^er. The Public Prosecutor's Office may appeal to the enforcement judge or the court for the application of the penalties for a revocation, suspension or review of the enforcement of the sentence.
The convict is summoned, by judicial fold, at least ten days before the date of the examination of the file.
The hearing is closed.
§ 2. The file shall, for at least four days before the date fixed for the hearing, be made available to the convict and his counsel for consultation at the court office of the enforcement of sentences or the prison office if the convict is detained.
The convict may, upon request, obtain a copy of the record.
§ 3. The judge of enforcement of sentences or the court of enforcement of sentences hears the convicted person and his counsel and the public prosecutor.
If this is the non-compliance with the conditions imposed in the victim's interest, the victim is heard.
The victim may be represented or assisted by an advisor and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The enforcement judge or the enforcement court may also decide to hear other persons.
§ 4. The judge of enforcement of sentences or the court of enforcement of penalties shall deliberate on revocation, suspension or review within fifteen days of deliberation.
§ 5. If it is a decision to revoke a limited detention or electronic surveillance, the judge of enforcement of sentences or the court of enforcement of sentences specifies that the period in which the convicted person was in limited custody or under electronic supervision is deducted from the remaining part of the custodial sentences at the time of granting.
If it is a decision to revoke a conditional release, the judge of the application of the sentences or the court of enforcement of the sentences determines the portion of the custodial sentence still to be imposed by the convicted person, taking into account the period of the trial period that took place and the efforts made by the convicted person to comply with the conditions imposed on him.
§ 6. The judgment shall be notified within 24 hours, by judicial fold, to the convict and brought to the attention of the public prosecutor and the director in writing.
The victim is informed in writing, within 24 hours, of the revocation or suspension of the execution of the sentence or, in the event of a review, of the conditions altered in his interest.
§ 7. The decision to revoke, suspend or review is communicated to the following authorities and authorities:
- to the head of the local police force of the commune where the convict will settle;
- to the national data bank referred to in section 44/4 of the Police Service Act of 5 August 1992;
- if applicable, to the director of the courthouse of the judicial district of the place of residence of the convicted person;
- National Electronic Monitoring Centre, if the decision concerns electronic monitoring.
CHAPTER V. - Miscellaneous provisions
Art. 69. § 1^er. Limitation of sentences does not run when the convicted person is released under a decision not revoked of granting a modality of enforcement of the sentence referred to in Part V.
§ 2. The limitation may not be invoked in the case referred to in section 64, 1°.
PART IX. - Preliminary arrest
Art. 70. In cases that may result in the revocation in accordance with section 64, the King's procurator near the court in which the convicted person is located, may order the provisional arrest of the convicted person, in charge of giving immediate notice to the judge of the application of the penalties or to the court of the application of the relevant penalties.
The judge of the application of the penalties or the court of the application of the competent penalties shall decide on the suspension of the execution of the sentence within five days after the convict's incarceration. This judgment is communicated in writing, within 24 hours, to the convict, the public prosecutor and the director.
The suspension decision is valid for one month in accordance with Article 66, § 3.
TITRE X. - Definite release
Art. 71. When no revocation occurred during the trial period, the convict was finally released.
The trial period is equal to the length of the custodial sentence that the convicted person was still required to face when the parole decision became enforceable. However, this trial period cannot be less than two years.
The trial period is not less than five years and not more than ten years in the event of conviction of a criminal sentence in time or at one or more correctional sentences, the total of which exceeds five years of primary imprisonment.
The trial period is ten years in the event of a sentence of deprivation of liberty to life.
PART XI. - Special skills
Justice of the Enforcement of Penalties
CHAPTER I^er
Provisional release for medical reasons
Art. 72. The sentencing judge may grant a provisional release for medical reasons to the convicted person for whom he is determined to be in the terminal phase of an incurable disease or that his detention has become incompatible with his state of health.
Art. 73. Preliminary release for medical reasons may be granted by the judge of enforcement of sentences to a convicted person, however:
1° that there is no contraindications in the head of the convict; these contraindications relate to the risk that he may commit serious offences during the interruption of the execution of his sentence, the fact that he has no reception environment or the risk that he will import the victims;
2° that the convicted person agrees on the conditions of provisional release for medical reasons, taking into account the provisions of 1°.
Art. 74. § 1^er. A provisional release for medical reasons may be granted, at the written request of the convicted person, by the judge of the application of the sentences after a reasoned opinion of the director. This notice is accompanied by that of the attending physician, the senior medical officer of the Prison Health Service and, where applicable, the doctor selected by the convicted person.
§ 2. The application is filed at the prison office.
The office of the prison shall transmit the request, together with the notices referred to in § 1^er, at the court office for the application of penalties within 24 hours and shall give a copy to the director.
The Public Prosecutor's Office shall promptly issue a reasoned notice, transmit it to the sentencing judge and transmit a copy thereof to the convicted person and the director.
§ 3. The enforcement judge makes a decision within seven days of the introduction of the convicted person's application. This judgment shall be notified within 24 hours, by judicial fold, to the convicted person and brought to the attention of the public prosecutor and the director in writing.
The victim is, within 24 hours, informed in writing of the granting of a provisional release for medical reasons.
§ 4. If no decision is made within the time limit, the application is deemed to be rejected.
Art. 75. The sentencing judge shall make a decision to grant a provisional release on medical grounds of the general condition that the convicted person may not commit new offences. Where applicable, it also sets specific conditions taking into account the provisions of Article 73.
Art. 76. Without prejudice to section 77, the judge of the application of penalties may decide to revoke the provisional release for medical reasons:
1° if it is found in a decision in force that the convicted person committed an offence or a crime during the period referred to in section 80;
2° if the particular conditions imposed are not met;
3° if the medical reasons for which the provisional release was granted have disappeared. For this purpose, the judge of the application of sentences may, at any time of the provisional release for medical reasons, charge a medical examiner of a medical expert mission.
Art. 77. In the event of revocation, the convict shall be immediately reincarcerated.
In the event of revocation pursuant to section 76, 1°, revocation shall be deemed to have commenced on the day the crime or offence was committed.
Art. 78. § 1^er. The Public Prosecutor's Office may appeal to the judge for the application of the penalties for revocation of the provisional release for medical reasons in the cases provided for in section 76, 1° to 3°.
The convict shall be summoned by judicial fold at least ten days before the date of examination of the record.
The hearing is closed.
§ 2. The file shall be held, at least four days before the date fixed for the hearing, at the disposal of the convict and his counsel for consultation at the court office of the enforcement of sentences or, if the convict is in custody, at the prison office.
The convict may, upon request, obtain a copy of the record.
§ 3. The enforcement judge hears the convicted person and his counsel and the public prosecutor.
The judge of enforcement of sentences may also decide to hear other persons.
§ 4. Within fifteen days of the proceedings, the judge of the application of the sentences puts the revocation in deliberation.
§ 5. The judgment shall be notified within 24 hours, by judicial fold, to the convict and brought to the attention of the public prosecutor and the director in writing.
The victim is informed in writing of the revocation within 24 hours.
§ 6. The award judgment is communicated to the following authorities and authorities:
- to the head of the local police force of the commune where the convict will settle;
- to the national data bank referred to in section 44/4 of the Police Service Act of 5 August 1992;
- where applicable, to the director of the courthouse of the judicial district of the place of residence of the convicted person.
Art. 79. § 1^er. If the convicted person seriously jeopardizes the physical or psychological integrity of third parties, the King's prosecutor near the court in whose jurisdiction the convicted person is located may order the provisional arrest of the convicted person. He immediately forwards his decision to the enforcement judge.
§ 2. The sentencing judge makes a decision on the continuation of the provisional release for medical reasons within seven working days after the convict's incarceration.
The convict is summoned by the fastest means of communication.
The hearing is closed.
§ 3. The file shall be held, at least two days before the date fixed for the hearing, at the disposal of the convict and his counsel for consultation at the court office of the enforcement of sentences or, if the convict is in custody, at the prison office.
The convict may, upon request, obtain a copy of the record.
§ 4. The enforcement judge hears the convicted person and his counsel and the public prosecutor.
The judge of enforcement of sentences may also decide to hear other persons.
Article 78, § 5, is applicable.
Art. 80. If there has not been a revocation of the provisional release for medical reasons, the convict is permanently released on the expiry of the portion of the custodial sentences that had yet to be sustained at the time of provisional release. In the event of a sentence of deprivation of liberty for life, the portion of the remaining deprivation of liberty at the time of provisional release is deemed to be ten years.
CHAPTER II. - Offences contest
Art. 81. If a judgment or sentence passed in force of a judgment has not taken into account the existence of a competitive situation, the judge of the application of the penalties may recalculate the extent of the sentence under articles 58 to 64 of the Criminal Code.
Art. 82. The enforcement judge is seized of the case at the written request of the convicted person or upon requisition of the public prosecutor.
The application shall be filed with the court of enforcement of sentences or the prison office if the convicted person is detained.
The prison's office transmits the application within 24 hours to the court's office for the enforcement of sentences.
Art. 83. § 1^er. The review of the case takes place at the first useful hearing of the judge of enforcement of sentences after the requisition of the public prosecutor or the application of the written request of the convicted person.
The convicted person is informed by court of the place, day and time of the hearing.
§ 2. The file shall, for at least four days before the date fixed for the hearing, be made available to the convict and his counsel for consultation at the court's office of enforcement of the penalties.
The convict may also obtain a copy of the file upon request.
Art. 84. The enforcement judge hears the convicted person and his counsel and the public prosecutor.
The hearing is open unless the convicted person is in custody.
Art. 85. The sentencing judge makes his decision within seven days of deliberation.
Art. 86. The decision shall be notified within 24 hours, by judicial fold, to the convict and brought in writing to the public prosecutor and, if the convict is in custody, to the director.
CHAPTER III. - The replacement of the custodial sentence imposed by the criminal judge by a working sentence
Art. 87. § 1^er. The judge of enforcement of sentences may decide to replace a sentence imposed by force of thing tried by a custodial sentence whose enforceable party is one year or less by a working sentence if there are new elements that have largely altered the social, family or professional situation of the convicted person since the custodial sentence was pronounced.
§ 2. The provisions of this Chapter shall not apply to convictions on the basis of the articles:
- 374 bis of the Criminal Code;
375-377 of the Criminal Code;
- 379 to 387 of the Criminal Code, if the acts were committed on minors or by minors;
- 393-397 of the Criminal Code;
- 475 of the Criminal Code.
Art. 88. § 1^er. The judge of the enforcement of sentences decides, at the request of the convicted person, to replace the custodial sentence with a working sentence.
§ 2. The application shall be filed with the court of enforcement of sentences or the prison office if the convicted person is detained.
The prison registry shall forward the application to the court's office of enforcement within 24 hours and give a copy to the director.
§ 3. In the month of receipt of the application by the court's court office for the enforcement of sentences, the public prosecutor shall prepare a reasoned opinion, transmit it to the judge for the application of the sentences and transmit a copy to the convicted person.
§ 4. The Public Prosecutor's Department may direct the Federal Public Service Justice Houses Service to prepare a brief report or conduct a social inquiry. The content of this brief information report and this social inquiry is determined by the King.
Art. 89. § 1^er. The review of the case takes place at the first useful hearing of the judge of enforcement of sentences after the notice of the Public Prosecutor's Office is sent and no later than two months after the application is filed.
The convict, the victim and the director, if the convict is in custody, are informed by court of the place, day and time of the hearing.
§ 2. The file shall be held, at least four days before the date fixed for the hearing, at the disposal of the convict and his counsel for consultation at the court office of the enforcement of sentences or, if the convict is in custody, at the office of the prison where he is sentenced.
The convict may also obtain a copy of the file upon request.
Art. 90. § 1^er. The enforcement judge hears the convicted person and his counsel, the public prosecutor and the director if the convicted person is in custody.
The victim is heard on the specific conditions to be imposed in his interest.
The victim may be represented or assisted by counsel and may be assisted by the delegate of a public body or an association approved for that purpose by the King.
The judge of enforcement of sentences may also decide to hear other persons.
§ 2. The sentencing judge may also charge the Federal Public Service Justice Houses Service to prepare a brief report or to conduct a social inquiry.
Art. 91. The hearing is open unless the convicted person is in custody.
Art. 92. The sentencing judge may only give the case a review to a subsequent hearing, without the hearing being held more than two months after delivery.
Art. 93. The sentencing judge makes his decision within seven days of deliberation.
Art. 94. § 1^er. The judge of the enforcement of sentences sets the length of the working sentence, within the limits of the nature of the offence for which the convicted person was convicted.
The duration is forty-five hours minimum and three hundred hours maximum.
If the convicted person is in detention, the enforcement judge takes into account the portion of the deprivation of liberty already suffered.
§ 2. The judge of the application of the penalties states that, in the absence of the execution of the labour sentence, the custodial sentence imposed by the criminal judge will be enforced. The sentence of work already executed by the convicted person is taken into account.
§ 3. The judge of enforcement of sentences may provide guidance on the concrete content of the sentence of work.
§ 4. Sections 37ter, § 2, paragraph 2, 37quater and 37quinquies of the Criminal Code are applicable.
Art. 95. Within 24 hours, the decision is notified, by judicial fold, to the convicted person and is communicated in writing to the public prosecutor.
The victim is informed in writing of the decision within 24 hours.
PART XII. - The cassation case
Art. 96. The decisions of the judge of the application of the penalties and the court of the application of the penalties relating to the granting, refusal or revocation of the terms and conditions for the execution of the sentence referred to in Title V, and the revision of the specific conditions, as well as the decisions made under Title XI, are liable to appeal for cassation by the public prosecutor and the convicted person.
Art. 97. § 1^er. The Public Prosecutor ' s Office shall file a cassation within 24 hours of the day the decision was notified to the Public Prosecutor.
The convict shall file a cassation within twenty-four hours from the day of notification of the judgment by judicial fold. Cases are proposed in a memorandum to be sent to the Registry of the Court of Cassation no later than the fifth day after the date of appeal.
§ 2. The file is transmitted by the court's court's office of enforcement of sentences to the Court of Cassation Registry within 48 hours of the cassation appeal.
§ 3. The appeal against a decision granting a modality of execution of the sentence referred to in Part V or Part XI has a suspensive effect.
The Court of Cassation shall rule within thirty days of the cassation appeal, with the convict held in custody.
Art. 98. After an arrest of cassation with reference, another judge of the application of sentences or a court of the application of sentences otherwise composed shall rule within fourteen days after the pronouncement of that judgment, the sentenced being during that time held in detention.
PART XIII
Modificative, abrogatory and transitional provisions
CHAPTER I^er. - Amendments
Section I^re. - Amendment of the preliminary title of the Code of Criminal Procedure
Art. 99. In article 3bis of the preliminary title of the Code of Criminal Procedure, as amended by the laws of 12 March 1998 and 7 May 1999, the following paragraph shall be inserted between paragraphs 1^er and 2:
"The victims receive, among other things, useful information on the modalities for the formation of a civil party and the declaration of an injured person. "
Section 2. - Amendments to the Code of Criminal Investigation
Art. 100. Section 182 of the Code of Criminal Investigation, as amended by the Acts of 10 July 1967, 11 July 1994 and 28 March 2000, is supplemented by the following paragraph:
"The King's Prosecutor shall communicate the place, day and hour of appearance by any means appropriate to known victims. "
Art. 101. Section 195 of the Code, replaced by the Act of 27 April 1987 and amended by the Acts of 24 December 1993, 22 June and 20 July 2005, is supplemented by the following paragraphs:
"If the judge imposes an effective custodial sentence, he shall inform the parties of the execution of this custodial sentence and the possible execution of the sentence.
It also informs the civil party of the possibilities to be heard in the execution of the sentence regarding the conditions that must be imposed in the interest of the civil party. "
Art. 102. Article 216quater, § 1^erthe same Code, inserted by the Act of 11 July 1994 and amended by the Act of 13 April 2005, is supplemented by the following paragraph:
"The King's Prosecutor shall communicate the place, day and hour of appearance by any means appropriate to known victims. "
Section 3. - Amendment of the Criminal Code
Art. 103. In Article 37ter, § 1^er, paragraph 2, third of the Criminal Code, inserted by the law of 17 April 2002, the number "386ter" is replaced by the number "387".
Section 4. - Amendment of the Act of 23 May 1990 on the inter-state transfer of convicted persons, the resumption and transfer of supervision of persons sentenced under condition or released on condition, as well as the resumption and transfer of enforcement of sentences and custodial measures
Art. 104. In the first and fourth sentence of Article 16 of the Act of 23 May 1990 on the interstate transfer of convicted persons, the resumption and transfer of supervision of persons convicted under condition or released on condition as well as the resumption and transfer of enforcement of sentences and custodial measures, inserted by the law of 26 May 2005, the words "the parole board" are replaced by the words "the judge of parole" or "the judge of
Section 5. - Amendment of the Police Service Act of 5 August 1992
Art. 105. Section 20 of the Police Service Act of 5 August 1992, as amended by the Acts of 5 March 1998 and 7 December 1998, are amended as follows:
1° in paragraph 1^er, the words "conditionally released" are replaced by the words "that benefit from a modality of enforcement of the deprivation of liberty";
2° in paragraph 2, the words "conditionally released" are replaced by the words "that benefit from a modality of enforcement of the custodial sentence".
CHAPTER II. - Abrogatory provisions
Art. 106. The Act of 5 March 1998 on conditional release and amending the Act of 9 April 1930 on social defence in respect of abnormals and ordinary offenders, replaced by the Act of 1^er July 1964, as amended by the laws of 7 May 1999, 28 November 2000, 22 November 2004 and 12 January 2005, is repealed.
CHAPTER III. - Transitional provisions
Art. 107. Subject to the application of Article 108, §§ 1^er and 2, the provisions of this Act shall apply to all cases in progress.
Art. 108. § 1^er. During the coming into force of this Act, the cases before the parole boards are brought to an ex officio and free of charge to the general role of the courts of enforcement of sentences.
However, the deleted parole boards remain in office for cases in which proceedings are under way or which are in deliberation, unless the commission cannot remain composed, in which case the new court is aware of the case, as stated above.
§ 2. All victims who are, at the time of the coming into force of this Act, already associated with the conditional release procedure with the conditions set out in the Act of 5 March 1998 on conditional release and amending the Act of 9 April 1930 on social defence in respect of abnormals and offenders of habit, continue to be associated with this Act.
§ 3. If the decision of a parole board is revoked by the Court of Cassation and is to be referred, the case is referred to the new competent court.
§ 4. Records are forwarded to the Clerk of the Penal Enforcement Court by the Secretary of the deleted commissions.
§ 5. The King determines the conditions under which the records of the deleted parole boards are entrusted to the courts that he designates and may issue shipments, copies or extracts.
PART XIV. - Entry into force
Art. 109. With the exception of this section, which comes into force on the day of the publication of this Act to the Belgian Monitor, each of the articles of this Act comes into force on the date fixed by the King, and no later than on the first day of the twenty-fourth month following that in which this Act was published in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 May 2006.
ALBERT
By the King:
The Minister of Justice,
Mrs. L. ONKELINX
Seal of the State Seal:
The Minister of Justice,
Mrs. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate:
Documents. - 3 - 1128 - Number 1: Bill. - No. 2: Amendments. - No. 3: Opinion of the Superior Council of Justice. - No. 4: Amendments.
(2) Session 2005-2006.
Senate:
Documents. - 3 - 1128 - No. 5: Amendments. - No. 6: Amendments. Report made on behalf of the commission. - No. 8: Text amended by the commission.
Annales. - 15 December 2005
House of Representatives:
Documents. - 51-2170 - Number 1: Project transmitted by the Senate. - No. 2: Amendments. - No. 3: Amendments. - No. 4: Amendments. - No. 5: Amendments. - No. 6: Amendments. - No. 7: Amendments. - No. 8: Amendments. - No. 9: Amendments. Report made on behalf of the commission. - No. 11: Text adopted by the commission. - No. 12: Amendment submitted after the submission of the report. - No. 13: Text adopted in plenary and referred to the Senate.
Full report. - 29 and 30 March 2006
Senate:
Documents. - 3 - 1128 - No. 9: Draft amended by the House. Report made on behalf of the commission. - No. 11: Text adopted in plenary and subject to Royal Assent.
Annales. - 4 May 2006.