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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Posted the: 2006-06-02 Numac: 2006009444 FEDERAL JUSTICE PUBLIC SERVICE May 15, 2006. -Act to amend the Act of 8 April 1965 on the protection of the youth, of the Code of criminal procedure, the penal Code, the civil Code, the new Municipal Act and act of April 20, 2003 reforming adoption (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Provisions amending Act of 8 April 1965 on the protection of youth arts. 2. it is inserted in the Act of 8 April 1965 on the protection of youth, instead of article 37bis, restored by the law of 7 May 2004, which becomes article 38, article 37bis as follows: «art.» 37bis. - § 1.
The judge or court may make a restorative offer mediation and restorative group consultation if the following conditions are fulfilled: 1 ° there are serious indications of guilt;
2 ° the person who is alleged to have committed an offence qualified fact States not deny to be affected by the qualified fact offence;
3 ° a victim is identified.
A restorative offer cannot be implemented if people who participate join an explicit and unreserved, and, throughout the mediation or restorative dialogue group.
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2. Mediation allows the person who is alleged to have committed an act classified as offence, persons exercising parental authority in its regard, to persons who have custody in law or in fact as well as the victim, to consider together, and with the help of a neutral mediator, opportunities to meet the consequences including relational and material of a qualified fact offence.
The judge or the tribunal provides, in writing, persons referred to in paragraph 1 to participate in a mediation.
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3. Restorative group consultation allows the person who is alleged to have committed an act classified as offence, the victim, their social, as well as all relevant persons, to consider environment, group and with the assistance of a neutral, collaborative solutions mediator on how to resolve the conflict resulting from the offence qualified fact, particularly taking account of the relational and material consequences resulting from the qualified Act offence.
The judge or Court offers a restorative consultation group to the person who it is referred and which is presumed to have committed an act classified as offence, persons exercising parental authority towards him and the people who guard in law or in fact.
The victim shall be informed in writing.
§ 4.
The judge or court shall inform the persons referred to in § 2, paragraph 1, and § 3, paragraph 2, they may: 1 ° be advised by their lawyer before accepting the offer restorative;
2 ° to be assisted by a lawyer from the moment where the agreement which lead the persons referred to in § 2, paragraph 1, and § 3, paragraph 2, is fixed.
» Art. 3. it is inserted into the Act a 37ter article as follows: «art.»
37ter. - § 1. The judge or the tribunal sent a copy of its decision to the mediation service or service for Restorer consultation group, recognized by the competent authorities, organized by the communities or which fulfil the conditions laid down by them. This service is responsible for implementing restorative offer.
§ 2. If the persons referred to in article 37bis, § 2, paragraph 1, and § 3, paragraph 2, shall not contact, within eight working days from the proposal of the tribunal, with the mediation service or restorative consultation service group, this service takes contact with the persons named to a restorative offer.
§ 3. Restorative dialogue group service contacts, in consultation with the persons referred to in article 37bis, § 3, paragraph 2, persons of their social environment and other useful people.
Mediation service may, with the agreement of persons listed in article 37bis, § 2, paragraph 1, involve other people having a direct interest in mediation. » Art. 4. it is inserted in the Act an article 37quater, worded as follows: «art.» 37quater. - § 1.
If mediation or restorative dialogue group leads to an agreement, the agreement, signed by the person who is presumed to have committed an act classified as offences by persons exercising parental authority in respect as well as by the victim, is attached to the court record.
In the case of restorative consultation group, a declaration of intention of the person who is alleged to have committed an act classified as offence is also inserted. It explains the concrete steps that it will take to restore the relational and material damage and the damage sustained by the community and to prevent other facts in the future.
The agreement must be approved by the judge or the tribunal. It cannot change its contents. The judge or court may refuse the homologation if the agreement is contrary to public order.
§ 2. If restorative offer does not result in an agreement, the judicial authorities or persons affected by restorative offer cannot use or recognition of the materiality of the qualified fact offence by the person alleged to have committed an act qualified offence, nor the conduct or the result of the restorative offer against the young.
Service mediation or restorative concertation group established a brief report on the progress of the restorative Group offer and on its outcome. This report is submitted to the notice of the persons referred to in article 37bis, § 2, paragraph 1 and paragraph 3, subparagraph 2. It is attached to the record of the proceedings.
§ 3. Documents prepared and communications made in the context of an intervention by the service of mediation or restorative consultation group are confidential, with the exception of what the parties agree to bring to the attention of the judicial authorities. They cannot be used in a criminal, civil, administrative, or arbitral procedure or any other procedure to resolve conflicts and do not qualify as evidence, even as extrajudicial confession. » Art. 5. it is inserted in the Act an article 37quinquies, worded as follows: «art.» 37quinquies. - § 1.
The mediation service or restorative consultation group service establishes a summary report on the implementation of the agreement and the address to the judge or the competent court as well as the social service.
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2. If execution of the agreement in the manner prescribed before the delivery of the judgment, the Court must take account of the agreement and its implementation.
§ 3. If execution of the agreement in the manner prescribed comes after the delivery of the judgment, the Court may be seized on the basis of article 60 to alleviate the definitive measures ordered against the person who committed an offence qualified fact. » Art. 6. article 38 of the same Act, replaced by the Act of 2 February 1994, is repealed.
S. 7 A section 42 of the Act, as amended by the Act of 2 February 1994, '37, 3 ° and 4 °' shall be replaced by the words ' 37, § 2, paragraph 1, 6 ° to 11 °.
S. (8A article 45 of the same Act, as amended by the laws of the March 21, 1969, 2 February 1994, may 4, 1999, April 29, 2001 and April 24, 2003, the following changes are made: 1 to 2, b), the number "38" is replaced by "57A.
2-2, c), the words "47, paragraph 3," are inserted between the words "37, § 3, 1, ' and 'and 60 '.
S. 9A article 46, paragraph 1, of the Act, the words "foster parents" are inserted between the words 'parents' and 'tutors' s.
10. article 47 of the same Act is supplemented by the following paragraph: "the extinction of the public action against the person referred to in article 36, 4, following the implementation of a mediation under section 45quater does not prejudice the rights of the victims and people subrogées their rights to obtain compensation, provided that the victim did not participate in the mediation or that she had participated in a mediation agreement explicitly mentions that it". have not been corrected fully to the physical consequences of the offence qualified fact. Their connection, the fault of the author of the qualified Act offence is presumed irrebuttably. » Art. 11. an article 48A, worded as follows, shall be inserted in the Act: «art.» 48A. - § 1. When a minor is deprived of his liberty after his arrest or has been released against the promise to appear or the signing of a commitment, his deprivation of liberty police officer shall, as soon as possible, give or cause to be given to the father and mother of the minor, his guardian or persons who guard in law or in fact oral or written information of the arrest, his reasons and the place in which the minor is retained. If the minor is married, the notice must be given to his spouse rather than the abovementioned persons. »
§ 2. In the case where the notice has been given in accordance with this article and none of the persons to which he could be given came to the juvenile court seized of the case, it may adjourn the matter and order that notice be given to the person he designates either treat the case if he considers that such notice is not necessary. In this case, he mentions, in his judgment, the reasons justifying its decision.
»

S. 12 in article 50 of the same Act, replaced by the Act of 2 February 1994 and amended by the Act of 23 January 2003, paragraph 4 of § 1 and § 2 are repealed, on the understanding that the first three paragraphs of § 1 form article 50.
S.
13 article 52 ter, paragraph 4, of the same Act inserted by the Act of 2 February 1994, the sentence "the copy of the order indicates remedies open against it as well as the forms and deadlines." is inserted between the words "by fold judiciary." and the words "the appeal period.
S.
14. an article 61A, worded as follows, shall be inserted in the Act: «art.» 61A.-a copy of judgments and decisions rendered in open court is transmitted directly, when these decisions to the young of twelve years or more and 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 the event that this discount was able to take place, the decision is notified by judicial fold.
The copy of judgments and decisions shows the remedies available against them as well as the forms and deadlines to meet. » Art.
15. in sections 52, paragraph 1, 57-60, as amended by the Act of 2 February 1994, and 61 of the Act, the word "minor" are replaced by the words "the person referred to in article 36, 4 °".
Chapter III provisions amending the Code of criminal procedure art.
16 A article 594, last paragraph, of the Code of criminal procedure, as amended by the law of 8 August 1997, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of 8 April 1965 on the protection of the youth.
S. 17 A section 595, paragraph 1, 3 °, of the same Code, amended by the law of 8 August 1997, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of 8 April 1965 on the protection of the youth.
S. 18. article 606 of the same Code, repealed by the law of July 10, 1967, was re-established in the following wording: «art.» 606 - people who, following a divestment delivered on basis of article 57A of the Act of 8 April 1965 on the protection of youth, to the support of minors who have committed an act classified as offence and the repair of the damage caused by this fact, are the subject of an arrest warrant, are placed in a federal Center closed for minors who have committed an offence qualified fact. This centre is designated by the King.
If the same people subject to a sentence to a term of imprisonment main or accessory, they perform this penalty in the punitive wing of a federal centre closed for minors who have committed an offence qualified fact.
However, if these people are aged eighteen years or more and that, at the time of placement or subsequently, the number of seats of the abovementioned closed centre is insufficient, they are placed in a prison for adults.
If the young of eighteen years causes serious disturbances within the centre or endangers the integrity of other young people or of the staff of the centre, the Director of the centre aimed at the Minister of Justice a detailed report. This can then return the young in a prison for adults. ' CHAPTER IV. -Provisions amending the penal Code art.
19. article 12 of the penal Code, repealed by the Act of 10 July 1996, is restored in the following wording: «art.» 12 - the imprisonment or detention in perpetuity is not pronounced with respect to a person who was not under the age of eighteen years at the time of the crime. » Art. 20. article 30 of the same Code is supplemented by the following paragraph: "any interim measure of placement in closed regime referred to in article 52quater of the law of 8 April 1965 on the protection of youth, to the support of minors who have committed an act classified as offence and compensation for the damage caused by this fact or in the Act of 1 March 2002 on the temporary placement of minors who have committed an act classified as offence is charged to the same condition on the length of sentences with deprivation of liberty to which the returnee under article 57A of the aforementioned law of 8 April 1965 is doomed. » Art. 21A article 391bis, paragraph 5, of the same Code, inserted by the law of August 10, 2005, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of 8 April 1965 on the protection of the youth.
S. 22A article 433bis, paragraph 3, of the same Code, inserted by the law of August 10, 2005, the words "in articles 37, 38, 39, 43, 49, 52 and 52quater" are replaced by the words «52quater in articles 37, 39, 43, 49, 52, and 57A», and the words "support of minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of April 8. 1965 on the protection of youth.
Chapter V. - Provision amending the civil Code art.
23. at article 397, 2 °, of the civil Code, as amended by the Act of 29 April 2001, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of 8 April 1965 on the protection of the youth.
CHAPTER VI. -Provision amending the new municipal law art. 24. section 119bis of the new Municipal Act, inserted by the law of May 13, 1999, and as last amended by the Act of 20 July 2005, the following changes are made: 1) § 12, paragraph 5, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of 8 April 1965 on the protection of". the youth ".
(2) in paragraph 12, paragraph 7, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of 8 April 1965 on the protection of the youth.
(3) in paragraph 12, paragraph 8, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" are inserted after the words "Act of 8 April 1965 on the protection of the youth.
Chapter VII provision amending the Act of 24 April 2003 reforming adoption article 25 section 15 of the Act of 24 April 2003 reforming the adoption, the words ", support for minors who have committed an act classified as offence and the repair of the damage caused by this fact" is inserted after the words "Act of 8 April 1965 on the protection of the youth.
CHAPTER VIII. -Provisions finals s. 26. the Minister of Justice, in consultation with the communities, shall report to the Chamber of representatives and the Senate on the implementation of this Act and of the Act of 15 May 2006 amending the legislation on the protection of youth and support for minors who have committed an act classified as offence , within two years of their entry into force.
S. 27. the King, by Decree deliberated in the Council of Ministers, may, with a view to its simplification, change order, numbering, the division into titles, chapters and sections, the drafting and the terminology of the provisions of the Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this fact.
In this case, the King adapts references in the same way as the Act or its parts or articles, which are included in other provisions.
CHAPTER IX. -Entry into force art. 28. with the exception of the present article, the King fixed the date of the entry into force of each of the provisions of this Act. These come into force no later than 1 January 2009.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, May 15, 2006.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX. the Minister of the economy, energy, foreign trade and science policy, M. VERWILGHEN Scellé the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes House of representatives: Documents: Doc. 51 1951 / (2004/2005): 001: text adopted in plenary meeting and transmitted to the Senate (art. 78 of the Constitution).
See also: full report: July 14, 2005 Senate: Documents: 3-1313-2005/2006: No. 1: project referred by the Senate.
our 2-4: amendments.
No. 5: report.
No. 6: Text amended by the commission.
No. 7: The text amended by the Senate and returned to the House of representatives.
Annals of the Senate: March 30, 2006 House of representatives: Documents: Doc 51 1951 / (2005/2006): 002: draft amended by the Senate.
003: Report.
004: Text adopted in plenary meeting and submitted to Royal assent.
See also: full report: May 4, 2006.