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An Act To Amend The Youth Protection Act Of 8 April 1965, The Code Of Criminal Procedure, The Penal Code, The Civil Code, The New Municipal Law And The Law Of 20 April 2003 Reforming Adoption (1)

Original Language Title: Loi modifiant la loi du 8 avril 1965 relative à la protection de la jeunesse, du Code d'instruction criminelle, le Code pénal, le Code civil, la nouvelle loi communale et la loi du 20 avril 2003 réformant l'adoption (1)

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15 MAI 2006. - An Act to amend the Youth Protection Act of 8 April 1965, the Criminal Code, the Criminal Code, the Civil Code, the new communal law and the Act of 20 April 2003 to reform the adoption (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Provisions amending the Youth Protection Act of 8 April 1965
Art. 2. It is inserted in the Act of 8 April 1965 on the Protection of Youth, in place of section 37bis, reinstated by the law of 7 May 2004, which becomes section 38, an article 37bis written as follows:
"Art. 37bis. § 1er. The judge or court may make a restauratrice de mediation et de concertation restauratrice en groupe if the following conditions are met:
1° There are serious evidence of guilt;
(2) the person who is presumed to have committed a qualified offence shall not deny the person concerned by the offence;
3° a victim is identified.
A restorative offer can only be implemented if the persons participating in the offer expressly and unconditionally adhere to it throughout the mediation or group restorative dialogue.
§ 2. Mediation allows the person who is presumed to have committed an offence, the persons who exercise parental authority in respect of him or her, the persons who have custody of him or her in law or in fact, and the victim, to consider together, and with the help of a neutral mediator, the possibilities of meeting the inter alia relational and material consequences of a qualified offence.
The judge or court proposes, in writing, to the persons referred to in the first paragraph to participate in mediation.
§ 3. The group restorative dialogue allows the person who is presumed to have committed a crime, the victim, their social entourage, as well as all useful persons, to consider, in a group and with the help of a neutral mediator, agreed solutions on how to resolve the conflict resulting from the qualified offence, including taking into account the relational and material consequences resulting from the qualified offence.
The judge or court proposes a group restorative consultation with the person referred to him and who is presumed to have committed a crime, persons who exercise parental authority in respect of him and persons who have custody of him or her in law or in fact.
The victim(s) are informed in writing.
§ 4. The judge or court shall inform the persons referred to in § 2, paragraph 1er, and in § 3, paragraph 2, that they may:
1° be advised by their lawyer before accepting the restorative offer;
2° to be assisted by a lawyer as soon as the agreement reached by the persons referred to in § 2, paragraph 1er, and § 3, paragraph 2, is fixed. »
Art. 3. It is inserted in the same law an article 37ter, which reads as follows:
"Art. 37ter. § 1er. The judge or the court shall send a copy of his decision to the mediation service or to the group restorative consultation service, recognized by the competent authorities, organized by or meeting the conditions set by the communities. This service is responsible for implementing the restorer offer.
§ 2. If the persons referred to in Article 37bis, § 2, paragraph 1er, and § 3, paragraph 2, shall not contact, within eight working days from the proposal of the court, with the mediation service or the group restorative consultation service, that service shall contact the persons mentioned to make them a restorative offer.
§ 3. The group restorative consultation service shall, in consultation with the persons referred to in Article 37bis, § 3, paragraph 2, contact the persons of their social entourage and all other useful persons.
The mediation service may, by agreement of the persons referred to in Article 37bis, § 2, paragraph 1er, involve other people with a direct interest in mediation. »
Art. 4. Article 37quater is included in the same Act, which reads as follows:
"Art. 37quater. § 1er. If mediation or group restorative consultation leads to an agreement, the agreement, signed by the person who is presumed to have committed an offence, by persons who exercise parental authority in respect of him or the victim, is attached to the judicial record.
In the event of a group restauratrice dialogue, a statement of intent of the person who is presumed to have committed a qualified offence is also inserted. It explains the concrete steps it will undertake in order to restore the relational and material damage and damage suffered by the community and to prevent further developments in the future.
The agreement obtained must be approved by the judge or court. This one cannot change its content. The judge or court may not refuse the registration unless the agreement is contrary to public order.
§ 2. If the restorative offer does not result in an agreement, the judicial authorities or persons concerned with the restorative offer may not use the recognition of the materiality of the alleged offence by the presumed person of having committed a qualified offence, or the course or result of the restorative offer in defavor of the young person.
The group restorative mediation or consultation department prepares a brief report on the progress of the group restorative offer and its outcome. This report is submitted to the opinion of the persons referred to in Article 37bis, § 2, paragraph 1er and § 3, paragraph 2. It is attached to the case file.
§ 3. The established documents and communications made in connection with an intervention by the group restorative mediation or consultation service are confidential, with the exception of what the parties agree to bring to the attention of the judicial authorities. They may not be used in criminal, civil, administrative or arbitral proceedings or in any other dispute resolution proceedings and are not admissible as evidence, even as an extrajudicial confession. »
Art. 5. It is inserted in the same law an article 37quinquies, which reads as follows:
"Art. 37quinquies. § 1er. The mediation service or group restorative consultation service shall prepare a brief report on the execution of the agreement and the address to the judge or tribunal and to the relevant social service.
§ 2. If the execution of the agreement in accordance with the terms and conditions set out above the judgment, the court must take into account the agreement and its execution.
§ 3. If the execution of the agreement in accordance with the terms and conditions provided for in the decision is made, the court may be seized on the basis of section 60 with a view to alleviating the final measures or measures ordered against the person who has committed an offence. »
Art. 6. Section 38 of the Act, replaced by the Act of 2 February 1994, is repealed.
Art. 7. In Article 42 of the Act, amended by the Act of 2 February 1994, the words "37, 3° and 4°" are replaced by the words "37, § 2, paragraph 1er6° to 11°".
Art. 8. In section 45 of the Act, as amended by the Acts of 21 March 1969, 2 February 1994, 4 May 1999, 29 April 2001 and 24 April 2003, the following amendments are made:
1 to 2, b), the number "38" is replaced by the number "57bis".
2 to 2, c), the words "47, paragraph 3" are inserted between the words "37, § 3, 1," and "and 60".
Art. 9. Article 46, paragraph 1erin the same law, the words "reception parents" are inserted between the words "parents" and "guardians"
Art. 10. Section 47 of the Act is supplemented by the following paragraph:
"The extinction of public action in respect of the person referred to in section 36, 4, following the implementation of a mediation referred to in section 45quater, does not prejudice the rights of the victims and the persons subrogated in their rights to obtain compensation, provided that the victim did not participate in the mediation or that she participated in a mediation that the agreement clearly stated that it was not the result of In their regard, the fault of the perpetrator of the offence is presumed irrefragably. »
Art. 11. Article 48 bis, as follows, is inserted in the same law:
"Art. 48bis. § 1er. When a minor is deprived of his or her liberty following his or her arrest or has been released from custody against the promise of appearance or signing of an undertaking, the police officer responsible for his or her deprivation of liberty must, as soon as possible, give or give to the father and mother of the minor, his or her guardian or to persons who have custody of him or her in law or in fact, oral or written information about the arrest, his or her motives and the place in which the minor is detained. If the minor is married, the notice must be given to his or her spouse rather than to the above-mentioned persons. »
§ 2. In the event that the notice has not been given in accordance with this section and none of the persons to whom it may have been given has appeared in the youth court seized of the case, the youth court may either adjourn the case and order that a notice be given to the person he or she designates, or treat the case if he or she considers that such notice is not necessary. In this case, he mentions in his judgment the reasons for his decision. »
Art. 12. Article 50 of the Act, replaced by the Act of 2 February 1994 and amended by the Act of 23 January 2003, paragraph 4 of § 1er and § 2 are repealed, on the understanding that the first three paragraphs of § 1er will form section 50.
Art. 13. In section 52ter, paragraph 4, of the same law inserted by the law of 2 February 1994, the sentence "The copy of the order indicates the open remedies against it and the forms and deadlines to be respected. is inserted between the words "by judicial fold. and the words "The deadline for appeal".
Art. 14. An article 61bis, as follows, is inserted in the same law:
"Art. 61bis. - A copy of the judgments and judgments rendered in public hearings shall be transmitted directly to the young person of twelve years or more and to his father and mother, guardians or persons who have custody in law or in fact of the person concerned, if they are present at the hearing. In case this surrender could not take place, the decision is notified by judicial fold.
The copy of the judgements and judgments indicates the remedies available against them and the forms and deadlines to be respected. »
Art. 15. In articles 52, paragraph 1er, 57, 60, as amended by the Act of 2 February 1994, and 61 of the Act, the words "of the minor" are replaced by the words "of the person referred to in section 36, 4°,".
CHAPTER III Provisions Amending the Code of Criminal Investigation
Art. 16. In article 594, last paragraph, of the Code of Criminal Investigation, amended by the Act of 8 August 1997, the words ", to the care of minors who have committed a crime and to the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
Art. 17. Article 595, paragraph 1er, 3°, of the same Code, as amended by the law of 8 August 1997, the words ", to the care of minors who have committed a crime and to the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
Art. 18. Section 606 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
"Art. 606. - Persons who, as a result of a divestiture on the basis of Article 57bis of Law 8 April 1965 relating to the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by it, are subject to an arrest warrant, are placed in a closed federal centre for minors who have committed a crime. This centre is designated by the King.
If the same persons are sentenced to a principal or incidental sentence, they are serving this sentence in the punitive wing of a closed federal juvenile centre that has committed an offence.
However, if these persons are eighteen years of age or older and at the time of placement or later, the number of places in the aforementioned closed centre is insufficient, they are placed in an adult prison.
If the young person of eighteen years of age causes serious disturbances in the centre or endangers the integrity of the other youth or staff of the centre, the director of the centre addresses a detailed report to the Minister of Justice. The young person can then return the young person to an adult prison. »
CHAPTER IV. - Provisions amending the Criminal Code
Art. 19. Section 12 of the Criminal Code, repealed by the Act of 10 July 1996, is reinstated in the following wording:
“Art. 12. - Imprisonment or life imprisonment is not pronounced in respect of a person who was not 18 years old at the time of the crime. »
Art. 20. Section 30 of the same Code is supplemented by the following paragraph:
"A temporary measure of a closed regime referred to in section 52quater of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the compensation of the damage caused by this fact or in the law of 1er March 2002 on the temporary placement of minors who have committed a crime is charged with the same condition on the duration of the sentences carrying deprivation of liberty to which the person referred in accordance with Article 57bis of the Act of 8 April 1965 referred to above is sentenced. »
Art. 21. In article 391bis, paragraph 5, of the same Code, inserted by the law of 10 August 2005, the words ", to care for minors who have committed a crime and to reparation for the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
Art. 22. In article 433bis, paragraph 3, of the same Code, inserted by the law of 10 August 2005, the words "at articles 37, 38, 39, 43, 49, 52 and 52quater" are replaced by the words "at articles 37, 39, 43, 49, 52, 52quater and 57bis", and the words "at the care of minors who have committed a crime and at the repair of the damage caused by this fact April"
CHAPTER V. - Provision amending the Civil Code
Art. 23. In article 397, 2°, of the Civil Code, amended by the law of 29 April 2001, the words ", to the care of minors who have committed a crime and to the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
CHAPTER VI. - Provision amending the new communal law
Art. 24. In section 119bis of the new communal law, inserted by the law of 13 May 1999 and last amended by the law of 20 July 2005, the following amendments are made:
(1) In § 12, paragraph 5, the words ", to care for minors who have committed a crime and to reparation for the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
(2) In § 12, paragraph 7, the words ", in the care of minors who have committed a crime and in the reparation of the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
(3) In § 12, paragraph 8, the words ", to care for minors who have committed a crime and to reparation for the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
CHAPTER VII Rule amending the Act of 24 April 2003 reforming adoption
Art. 25. In Article 15 of the Act of 24 April 2003 reforming adoption, the words ", to care for minors who have committed a crime and to reparation for the damage caused by this fact" are inserted after the words "the law of 8 April 1965 on the protection of youth".
CHAPTER VIII. - Final provisions
Art. 26. The Minister of Justice, in consultation with the communities, reports to the House of Representatives and the Senate on the implementation of this Act and the Act of 15 May 2006 amending the legislation on the protection of youth and the care of minors who have committed a crime, within two years of their entry into force.
Art. 27. The King, by order deliberately in the Council of Ministers, may, with a view to its simplification, amend the order, numbering, division in titles, chapters and sections, the drafting and terminology of the provisions of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact.
In this case, the King adapts in the same way the references to the said law or its parts or articles, which appear in other provisions.
CHAPTER IX. - Entry into force
Art. 28. With the exception of this section, the King shall determine the date of entry into force of each of the provisions of this Act. These are effective no later than 1er January 2009.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2006.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Economy, Energy, Foreign Trade and Science Policy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
House of Representatives:
Documents:
Doc. 51 1951/ (2004/2005):
001: Text adopted in plenary and transmitted to the Senate (Article 78 of the Constitution).
See also:
Full report: 14 July 2005
Senate:
Documents:
3-1313 - 2005/2006:
Number 1: Project referred to by the Senate.
nbones 2-4: Amendments.
Number 5: Report.
No. 6: Text amended by the commission.
No. 7: Text amended by the Senate and referred to the House of Representatives.
Annales du Sénat : 30 mars 2006
House of Representatives:
Documents:
Doc 51 1951/ (2005/2006):
002: Project amended by the Senate.
003: Report.
004: Text adopted in plenary and subject to Royal Assent.
See also:
Full report: 4 May 2006.