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17 MAI 2006. - An Act to establish courts for the application of penalties (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Judicial Code
Art. 2. 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 assistance, federal magistrate and deputy of the King's prosecutor specialized in the application of sentences. »
Art. 3. In section 76 of the Code, as amended by the Act of 28 March 2000, the following amendments are made:
1° in paragraph 1^er, the words "and one or more youth chambers" are replaced by the words ", one or more youth chambers and, for the court of first instance of the court of appeal, one or more chambers of the application of sentences. »;
2° Paragraph 2 is replaced as follows:
"These chambers comprise four sections, respectively, Civil Court, Correctional Court, Youth Court and Penal Enforcement Court. »;
3° the article is completed by the following paragraph:
"The enforcement chambers may sit in any court of first instance located in the jurisdiction of the Court of Appeal, as well as in correctional institutions. »
Art. 4. In article 77, paragraph 1^er the same Code, the words "and judges" are replaced by the words ", judges and assailants in application of penalties. "
Art. 5. Section 78 of the Code is supplemented by the following paragraph:
"The Chambers of the Court of the Application of Penalties referred to in Article 92, § 1^er, paragraph 2, are composed of a judge, who presides, and two assessors in the application of penalties, one specializing in prison matters and the other specialized in social reintegration. »
Art. 6. Section 79 of the Code, replaced by the Act of 18 July 1991 and amended by the Acts of 21 January 1997, 22 December 1998 and 27 December 2005, are amended as follows:
1° in paragraph 1^er, the words "and one or more judges in the youth court" are replaced by the words ", one or more judges in the youth court and one or more judges in the enforcement court";
2° in paragraph 5, the words "and the judges of the seizures" are replaced by the words ", the judges of the seizures and the judges in the court of enforcement of sentences".
Art. 7. It is inserted in Book I, Part II, Title I, Chapter II, Section III, of the same Code an article 80bis, as follows:
"Art. 80bis. In the event of a judge's incapacity in the enforcement court, the president of the court of first instance of the court of appeal shall designate an effective judge of the court of first instance of the court of appeal to replace him.
In the event of exceptional circumstances, after receiving the opinion of the Attorney General, the first president of the Court of Appeal shall appoint an effective judge to the Court of First Instance of the jurisdiction of the Court of Appeal, who consents to it, who has undergone a continuous training specialized in the application of the penalties organized in the course of the training of the magistrates, referred to in Article 259bis-9, § 2, to serve as a judge in the court of the application of sentences for a period of more than two years.
The mission ends when it has no reason to be; concerning the cases for which the proceedings are under way or which are being deliberated, the mission nevertheless continues until the final judgment. "
Art. 8. In section 87 of the same Code, as amended by the laws of 15 July 1970 and 21 June 2001, the following paragraph shall be inserted between paragraphs 3 and 4:
"Assessors under alternate sentences may be appointed to temporarily replace assessors in accordance with the penalties prevented. "
Art. 9. In Article 88, § 1^er, paragraph 2, of the same Code, as amended by the Act of 15 July 1970, the words "or one" are replaced by the words ", a judge or a judge and two assessors pursuant to penalties".
Art. 10. In section 89 of the same Code, replaced by the Act of 17 February 1997, the words "or assessors pursuant to penalties" are inserted between the words "consular" and the words "he designates".
Art. 11. Section 91 of the Code, replaced by the Act of 3 August 1992 and amended by the Acts of 11 July 1994 and 28 March 2000, is supplemented by the following paragraph:
"In the enforcement of sentences, cases relating to one or more custodial sentences of which the party to be executed is three years or less are assigned to the judge of the court of enforcement of sentences as a single judge. »
Art. 12. Article 92, § 1^er, of the same Code, replaced by the Act of 3 August 1992, is supplemented by the following paragraph:
"In the enforcement of sentences, cases not assigned to a single judge are assigned to chambers composed in accordance with section 78, paragraph 2. »
Art. 13. In section 151 of the same Code, as amended by the Acts of 22 December 1998 and 3 May 2003, the following paragraph shall be inserted between paragraphs 1^er and 2:
"The King's Attorney near the Court of First Instance at the seat of the Court of Appeal is assisted by one or more substitutes of the King's Attorney specialized in the application of penalties. They're under his supervision and direction. »
Art. 14. In section 161, paragraph 1^er, from the same Code, replaced by the law of 17 February 1997, the word "three" is replaced by the word "four".
Art. 15. In section 186, paragraph 5, of the same Code, as amended by the laws of 7 July 1969 and 22 December 1998, the words "and social judges" are replaced by the words ", social judges and assailants in application of penalties".
Art. 16. It is included in Book I, Part II, Title VI, Chapter II, Section II, of the same Code, article 196 bis, as follows:
"Art. 196bis. The King appoints assessors in accordance with existing and alternate prison sentences and assessors in accordance with the specialized penalties for effective and alternate social reintegration.
They are named among the winners of a review organized by a selection committee composed of:
- the first president of the court of appeal in which the court of application of penalties for which the candidate applies;
- the Director of the Personnel Management Service and the Federal Public Service Organization Justice or his representative designated by the Minister of Justice;
- the Director General of General Management Execution of the Peins and Measures of the Federal Public Service Justice or its representative designated by the Minister of Justice.
No one may sit in a committee if he does not justify the knowledge of the language of the candidates.
The examination, whose terms are fixed by the King, includes a written part and an oral part.
The duration of the examination shall be seven years. »
Art. 17. It is included in Book I, Part II, Title VI, Chapter II, Section II, of the same Code, article 196ter, as follows:
"Art. 196ter. § 1^er. In order to be appointed as a assessor in accordance with existing or alternate prison terms, the candidate must meet the following conditions:
1° have at least five years of useful professional experience attesting to practical knowledge of the issues related to the prison matter;
2° to hold a master's degree;
3° be Belgian;
4° be at least thirty years old and not over sixty-five years old;
5° enjoy civil and political rights.
In order to be appointed as a assessor in accordance with the terms and conditions of specializing in effective or alternative social reintegration, the candidate must meet the following conditions:
1° have at least five years of useful professional experience attesting to a practical knowledge of issues related to social reintegration;
2° to hold a master's degree;
3° be Belgian;
4° be at least thirty years old and not over sixty-five years old;
5° enjoy civil and political rights.
§ 2. Assault functions under effective penalties are exercised full-time.
The assessors under actual and alternate sentences shall be appointed for a period of one year renewable, the first time for three years and only once for four years, after evaluation.
§ 3. The assailant who, on the date of his appointment, is in a statutory relationship with the State or any other public legal entity under the State, is made available to the court for the application of the penalties for the duration of his appointment.
For the duration of the appointment, the assailant is on leave without pay. He's an agent on mission.
However, it retains its right to assert its titles to promotion and advancement in its scale of treatment.
The assailant who, on the date of his appointment, is in a contractual relationship with the State or any other public legal entity under the State, is made available to the court for the application of the penalties for the duration of his appointment.
During his appointment, the employment contract was suspended.
However, it retains its securities in progress in its scale of treatment.
The agents referred to in § 3, paragraph 1^er and 4, may be replaced in their original service by a contracting staff member for the duration of the provision.
§ 4. An assailant who wishes to terminate his or her appointment must respect a notice period of at least one month. He warned of his decision, by registered letter to the position, the president of the competent court of first instance who forwards it to the Minister.
When a assessor is no longer in the legal conditions to exercise his or her function, his or her appointment ends in full right.
§ 5. No one can be at the same time a assessor in the application of specialized prison and assessor penalties for social reintegration. "
Art. 18. It is included in Book I, Part II, Title VI, Chapter II, Section II, of the same Code, article 196quater, as follows:
"Art. 196quater. § 1^er. The assessment of assessors pursuant to actual and alternate penalties shall be carried out, after the opinion of the chair of the enforcement court, by a committee of assessment composed of:
- the first president of the Court of Appeal of the Jurisdiction in which the Court of Enforcement of Penalties is located;
- the Director of the Personnel Management Service and the Federal Public Service Organization Justice or his representative designated by the Minister of Justice;
- the Director General of General Management Execution of the Peins and Measures of the Federal Public Service Justice or its representative designated by the Minister of Justice.
No one may sit in a committee if he does not justify knowledge of the language of assessors.
§ 2. The assailant in the application of the effective or alternate penalties shall be subjected to a written assessment of reasons not later than four months before the end of each renewable period for which the mandate was granted.
The assessment shall be carried out within 30 days of the time limit set out in paragraph 1^er.
The assessment of the mandate may result in a "good" or "sufficient" statement.
The term is renewed only if the actual or alternate assailant obtains the word "good".
§ 3. The evaluation focuses on how the functions are performed, with the exception of the content of any judicial decision, and is performed on the basis of personality criteria as well as on intellectual, professional and organizational capacities.
The King determines the criteria for the assessment and weighting of these criteria, taking into account the specificity of the functions, and determines the modalities for the application of these provisions.
The evaluation is preceded by one or more functional interviews between the person being assessed and at least one of the assessors.
The first president of the Court of Appeal shall communicate a copy of the interim statement to the person concerned by a receipt of the notice dated or by registered letter to the position with acknowledgement of receipt.
The interested party may, as soon as it is due within ten days of the notification of the provisional statement, make written remarks, against receipt of the notice dated or by registered letter to the position with acknowledgement of receipt, to the first president of the Court of Appeal, who attachs the original to the assessment file. The first president of the Court of Appeal shall, within ten days of receipt of the remarks, provide a copy of the final mention to the Minister of Justice and, against acknowledgement of receipt dated or by registered letter to the position with acknowledgement of receipt, to the person concerned.
The evaluation files are retained by the President of the Court of First Instance of the Court of Appeal. A copy of the final records is retained by the Minister of Justice for at least ten years. The evaluations are confidential and can be consulted at any time by the interested parties. »
Art. 19. In section 259sexies of the same Code, inserted by the Act of 22 December 1998 and amended by the Act of 3 May 2003, the following amendments are made:
1° to § 1^erin paragraph 1^er, it is added a 4°, written as follows:
« 4° The King shall designate the judges to the Court of the Application of Penalties, on the basis of the first president of the Court of Appeal, among the judges to the courts of first instance who have been nominated.
The Minister of Justice shall forward the nominations for advice to the head of the candidate's body and to the head of the jurisdiction where the designation is to take place. They send the applications to the first president of the Court of Appeal concerned by joining their notice.
The first president of the Court of Appeal transmits the presentation and notices to the Minister of Justice.
Judges in the Court of the Application of Penalties are appointed among the judges in the Court of First Instance who have at least 10 years of experience as an effective magistrate, three years as a judge or judge of supplement in a court of first instance, and who have undergone a continuing specialized training, organized as part of the training of judges, referred to in Article 259bis-9, § 2.
The judge in the court of enforcement of sentences may be replaced for the duration of his or her term by a supplemental judge, if any, by derogating from article 86bis, paragraph 1^er and 2. »;
2° to § 1^erin paragraph 1^er, it is added a 5°, as follows:
« 5° The King designates the substitutes of the King's procurator specializing in the application of penalties, on a motivated presentation by the Attorney General near the Court of Appeal, among the substitutes of the King's procurator who have been nominated.
The Minister of Justice shall forward the nominations, for notice, to the head of the candidate's body and to the head of the public prosecutor's body in the jurisdiction where the designation is to take place. They send the applications to the relevant Attorney General by joining their notice.
The Attorney General near the Court of Appeal transmits the submission and notices to the Minister of Justice.
The substitutes of the King's procurator specializing in sentencing are designated among the substitutes of the King's procurator who have at least 10 years of experience as an effective magistrate, including three years as a substitute for the King's procurator or a substitute for the King's procurator, and who have been trained in the training of the magistrates, referred to in article 259bis-9, § 2.
A substitute for the King's procurator specializing in sentencing may be replaced, for the duration of his or her term, by a supplemental substitute, if applicable outside the framework. »;
3° to § 2, it is inserted between paragraph 1^er and paragraph 2, a new paragraph reads as follows:
"The judges of the enforcement of sentences and the substitutes of the King's procurator specializing in sentencing are appointed for a period of one year, renewable for the first time for three years, then once for four years, after evaluation. »;
4° to § 3, paragraph 4, the words "or federal magistrate" are replaced by the words ", a federal magistrate, a judge in the court of the application of the penalties or a substitute for the Crown prosecutor specialized in the application of the penalties".
Art. 20. Section 259s of the Code, inserted by the Act of 22 December 1998 and amended by the Act of 17 July 2000, is amended as follows:
1° in paragraph 4, the words "and a federal magistrate" are replaced by the words ", a federal magistrate, a judge in the court of the application of the penalties and a substitute for the King's procurator specialized in the application of penalties";
2° this article is supplemented by the following paragraph:
"During the exercise of their mandate, the judge in the enforcement court and the deputy of the King's procurator specializing in the application of penalties may be appointed to a deputy term in the jurisdiction of which they arise. Article 323bis, § 1^erParagraphs 2 to 4 apply to them. "
Art. 21. Article 259decies, § 2, of the same Code inserted by the law of 22 December 1998 and amended by the law of 13 March 2001, is supplemented by the following paragraphs:
"If the assessment relates to the functions of a judge in the court of application of sentences, it is carried out by the first president of the court of appeal, the president of the court of first instance of the court of appeal and one of the magistrates appointed by the general assembly for the evaluation of judges in the court of first instance of the court of appeal, chosen by the first president of the court of appeal.
If the assessment relates to the functions of deputy of the King's procurator specialized in the application of penalties, it is carried out by the Attorney General at the Court of Appeal, the King's procurator at the Court of Appeal's Court of First Instance and one of the magistrates appointed by the Body Assembly for the evaluation of the substitutes at the Court of Appeal's first instance court, chosen by the Attorney General at the Court of Appeal. "
Art. 22. In section 287, paragraph 1^er, of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 3 May 2003, the words "or federal magistrate" are replaced by the words ", a federal magistrate, a judge in the court of the application of penalties or a substitute for the procurator of the King specialized in the application of penalties".
Art. 23. In article 288 of the same Code, as amended by the laws of 17 February 1997, 6 May 1997, 9 July 1997, 10 February 1998, 22 December 1998, 24 March 1999 and 21 June 2001, a paragraph, as follows, is inserted between paragraphs 7 and 8:
"The reception of assessors in accordance with the penalties, effective and alternate, is in front of a chamber of the Court of Appeal presided over by the first president or adviser who replaces it, or in front of the room of the holidays".
Art. 24. In section 291, paragraph 1^er, of the same Code, amended by the laws of 10 February 1998 and 24 March 1999, the words ", assessors in application of penalties" are inserted between the word "considers" and the words "and alternate judges".
Art. 25. Section 300 of the Code, as amended by the Acts of 9 July 1997 and 3 May 2003, is supplemented by the following paragraphs:
"The assessors are subject to the same incompatibility as the actual magistrates, with the exception of appointment and contracting in an administratively paid public office or office.
Assessors under alternate sentences are subject to the same incompatibility as the actual magistrates, with the exception of the exercise of professional activities admitted as an experiment to be appointed assessor. "
Art. 26. In section 301, paragraph 1^er, of the same Code, amended by the laws of 17 February 1997, 9 July 1997 and 10 February 1998, the words ", assessors in application of penalties" are inserted between the words "consular judges" and the words ", officers of the public prosecutor".
Art. 27. In article 304 of the same Code, amended by the laws of 17 February 1997, 6 May 1997 and 10 February 1998, the words "or the social or consular judge" are replaced by the words ", the social or consular judge or the assailant in application of the penalties".
Art. 28. In article 312 of the same Code, amended by the laws of 17 February 1997, 22 December 1998 and 24 March 1999, the words "social judges and consular judges" are replaced by the words "social judges, consular judges and assessors pursuant to penalties".
Art. 29. In article 314, paragraph 4, of the same Code, as amended by the laws of 15 July 1970, 10 February 1998 and 3 May 2003, the words "social judges and consular judges" are replaced by the words "social judges, consular judges and assessors pursuant to penalties".
Art. 30. In section 322, the same Code, as amended by the Acts of 30 March 1973 and 10 February 1998, are amended as follows:
1° in paragraph 3, the words "the assailant" are replaced by the words "the one who is";
2° this article is supplemented by the following paragraph:
"The assailant in application of the penalties prevented is replaced by an assessor in application of the alternate penalties. In the event of an unannounced absence, the judge in the Penal Enforcement Court may designate another assessor in accordance with the penalties, a judge, a judge of supplement or an alternate judge or a lawyer who is at least thirty years of age in the College's table, to replace the arrested assailant. »
Art. 31. In article 331, paragraph 2, of the same Code, as amended by the Acts of 17 February 1997, 6 May 1997, 10 February 1998, 24 March 1999 and 21 June 2001, the words ", assessors pursuant to penalties" are inserted between the words "consular judges" and the words ", referenda near the courts of first instance".
Art. 32. Article 340, § 2, 5°, of the same Code, replaced by the Act of 22 December 1998, is supplemented by the words ", with the exception of the warrant of a judge in the court of enforcement of sentences. "
Art. 33. In article 341, § 2, of the same Code, replaced by the Act of 22 December 1998, the words ", assessors under penalties" are inserted between the words "alternate magistrates" and the words ", consular judges".
Art. 34. Article 355ter, as follows, is inserted in the same Code:
"Art. 355ter. The treatment of assessors pursuant to actual penalties is identical to the treatment established by section 355 for judges in the first instance court. Articles 360, paragraph 1^er, 360ter, paragraphs 3 and 4, 362, 363 and 377 are applicable to them.
The experience required as a condition of appointment shall be counted for the calculation of seniority up to six years.
The Minister of Justice determines the amount of compensation awarded to assessors under alternate penalties. "
Art. 35. Article 357, § 1^erParagraph 1^erthe same Code, replaced by the Act of 29 April 1999 and amended by the Acts of 28 March 2000, 15 June 2001, 27 December 2002, 27 December 2004, and the Royal Decree of 13 July 2001, is supplemented as follows:
"7° an additional treatment of 4.214.19 euros to the judges in the court of application of the penalties and to the substitutes of the King's prosecutor specialized in the application of the penalties that actually exercise the functions. This treatment supplement is reduced by half when the last treatment supplement referred to in section 360bis is allocated. »
Art. 36. In article 358 of the same Code, as amended by the laws of 29 April 1999, 17 July 2000 and 27 December 2004, the words "and youth judge" are replaced by the words ", youth judge and judge in the court of application of sentences" and the words ", as a substitute for the King's procurator specialized in the application of penalties," are inserted between the words "supervisor of the King's attorney specialised in tax matters" and the words "
Art. 37. In section 390 of the same Code, replaced by the Act of 22 December 1998 and amended by the Acts of 17 July 2000, 3 May 2003 and 22 December 2003, the words "as well as judges" are replaced by the words ", judges" and, in the end, the words "as well as assessors in the application of penalties" are added.
Art. 38. "In section 408 of the same Code, the words "and consular judges" are replaced by the words ", consular judges and assessors pursuant to penalties".
Art. 39. In Article 410, § 1^er, 1°, of the same Code, as amended by the law of 7 July 2002, the words ", including assessors under penalties" are inserted between the words "members of the court of first instance" and the words ", justices of peace".
Art. 40. In article 412, § 2, 1°, of the same Code, as amended by the law of 7 July 2002, the words ", including assessors under penalties, members" are inserted between the words "members of the courts of first instance", and the words "trade courts".
Art. 41. In article 415, § 2, of the same Code, as amended by the law of 7 July 2002, the words ", and assessors in application of penalties" are added after the words "including judges of complement to the courts of first instance".
Art. 42. Section 635 of the Code, repealed by the Act of 16 July 2004, is reinstated in the following wording:
"Art. 635. The courts of enforcement of sentences are competent for convicts held in penitentiary institutions located within the jurisdiction of the Court of Appeal where they are established, except the exceptions provided by the King. They remain competent for any decision until liberation becomes final.
However, if, for a convicted person, the judge or court of the application of the penalties considers, on an exceptional basis, that it is indicated to transfer jurisdiction to another judge or tribunal of the application of the sentences, it shall make a reasoned decision on the court's notice of the application of the sentences rendered within fifteen days.
If there has been a revocation of the application of the sentence, the judge or court of the application of the relevant penalties is that of the place of detention.
The judge or court of the application of the sentences of the domicile or, failing that, the residence of the convicted person is competent to hear the application of a convicted person. "
CHAPTER III. - Amendments to the Act of 15 June 1935
concerning the use of languages in judicial matters
Art. 43. Section 23 of the Act of 15 June 1935 concerning the use of languages in judicial matters, replaced by the Act of 23 September 1985, is supplemented by the following paragraph:
"When, in the jurisdiction of the Court of Appeal in Liège, no judge in the Court of Enforcement of Penalties or substitute for the King's procurator specialized in the application of penalties justifies the knowledge of the German language, he is appealed to an interpreter. "
Art. 44. It is included in the same Act, as amended by the Acts of 23 September 1985, 4 August 1986, 23 June 1989, 16 July 1993, 11 July 1994, 21 December 1994, 4 March 1997, 6 May 1997, 8 August 1997, 22 December 1998, 25 March 1999, 17 July 2000, 27 April 2001, 21 June 2001, 18 July 2002, 13 February 2003 and 10 April 2003, a new Chapter IIbis, comprising articles 23bis and 23ter, as follows:
“Chapter IIbis. - Use of languages in court of enforcement of sentences. "
Art. 45. It is inserted in the same law an article 23bis, which reads as follows:
"Art. 23bis. In the courts of appeal of Antwerp and Ghent, before the courts of enforcement of sentences, the procedure is done in Dutch.
In the courts of appeal of Mons and Liège, before the courts of enforcement of sentences, the procedure is made in French, except the exception provided for in article 23ter, paragraph 2.
In the jurisdiction of the Brussels Court of Appeal, before the Court of Enforcement of Penalties, the procedure is made in French or in Dutch, according to the language in which the judgment or judgment has been pronounced in the heaviest penalty. "
Art. 46. It is inserted in the same law an article 23ter, which reads as follows:
"Art. 23ter. When the convicted person is detained in a prison located in the linguistic region of the Dutch language or in the Dutch language, while the judgment or order in which the heaviest sentence has been rendered in Dutch or French respectively, the file is sent to the court of application of the penalties of his choice.
Cases of convicts who know only German or who express themselves more easily in this language are transferred to the court of application of the sentences of the court of appeal in Liège. "
Art. 47. In section 43 of the Act, paragraphs 6 and 7, implicitly repealed by the Act of 10 October 1967, are replaced by the following provision:
Ҥ 6. In order to be appointed an effective or alternate assessor in the courts that know only business under the Dutch language regime, the candidate must be licensed or mastered in Dutch language.
In order to be appointed an effective or alternate assessor in the courts that are solely familiar with cases under the French language regime, the candidate must be licensed or mastered in the French language.
In order to be appointed an effective or alternate assessor in the court who knows both business under the Dutch language regime and business under the French language regime, the candidate must be licensed or mastered in the Dutch language or in the French language. The assailant may only sit in cases where the linguistic regime corresponds to the language of the licence or master of which he is a holder.
In order to be appointed an effective or alternate assessor in the court who knows both business under the French language regime and business under the German language regime, the candidate must be licensed or mastered in the French language or in the German language.
§ 7. The assailant may only sit in cases where the linguistic regime corresponds to the language of the licence or master of which he is a holder. However, he may sit in cases where the language regime does not correspond to the language of the licence or master of which he is a bearer, provided that he has passed an oral examination on the knowledge of the other language and a written examination on the passive knowledge of the other language.
Only the delegated administrator of Selor - Bureau de Sélection de l'Administration fédérale - is competent to issue certificates of knowledge of the language other than that justified by the production of the licence or master's degree.
The composition of the examination board and the conditions under which the certificates of knowledge of the language other than that justified by the production of the certificate of study are to be met, are fixed by a royal decree deliberated in the Council of Ministers. "
CHAPTER IV. - Amendments to the Act of 2 July 1975
Determining the framework of the staff of the courts of first instance
Art. 48. In the table in section 1^er Law of the
2 July 1975 determining the framework of the staff of the courts of first instance, replaced by the Act of 20 July 1998 and amended by the Act of 14 December 2004, in the "Clerk" column, the following amendments are made:
1° the number "43" compared to the seat of Antwerp is replaced by "44";
2° the number "68" compared to the seat of Brussels is replaced by "70";
3° the number "25" compared to the Ghent seat is replaced by "26";
4° the number "33" compared to the seat of Liège is replaced by "34";
5° the number "17" compared to the seat of Mons is replaced by "18".
CHAPTER V. - Transitional provision
Art. 49. The terms of office of members, staff and substitutes, and of the magistrates of the Public Prosecutor's Office, who are employed and alternate, of the Parole Boards, according to the entry into force of this article, are extended without interruption, by derogation from Articles 4, § 4, § 5, § 4, and § 4, of the Act of 18 March 1998 establishing the Parole Boards.
These warrants end as soon as the commission in which they are appointed has taken a final judgment for all cases referred to in Article 108, § 1^er, paragraph 2, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, which are submitted to him. The provisions referred to in section 50 of this Act shall remain applicable during that period.
CHAPTER VI. - Abrogatory provision
Art. 50. Are repealed:
- the Act of 18 March 1998 establishing Parole Boards;
- the Royal Decree of 10 August 1998 establishing the procedure for the designation and evaluation of assessors and their alternates in parole boards;
- the Royal Decree of 28 January 1999 on the monetary status of assessors of the parole boards and determining the allowances allocated to their alternates as well as to members of the commissions and the selection committee;
- Royal Decree of 28 January 1999 on the administrative status of assessors in parole boards;
- Ministerial Order of 25 January 1999 establishing the address of the headquarters of parole boards.
CHAPTER VII. - Final provision
Art. 51. 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 the first day of the eighteenth month following that in which this Act was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 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 - 1127.
Number 1: Bill.
No. 2: Amendments.
Number three: Opinion of the Superior Council of Justice.
No. 4: Amendments.
Number 5: Report made on behalf of the commission.
No. 6: Text amended by the commission.
Annales du Sénat : 15 décembre 2005
Session 2005-2006.
House of Representatives documents: 51-1960.
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: Amendment.
Number 9: Report made on behalf of the commission.
No. 10: Text adopted by the commission.
No. 11: Text adopted in plenary and referred to the Senate.
Full report: 29 and 30 March 2006.
Senate documents: 3 - 1127.
No. 7: Draft amended by the House.
Number 8: Report made on behalf of the commission.
No. 9: Amendments filed after approval of the report.
No. 10: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: May 4, 2006.