27 DECEMBER 2005. - An Act to amend the Criminal Code and the Judicial Code to improve investigative practices in the fight against terrorism and serious and organized crime (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The rooms adopted in 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. - Provision amending the Preliminary Title of the Code
Criminal procedure
Art. 2. It is inserted, in the Act of 17 April 1878 containing the Preliminary Title of the Code of Criminal Procedure, a Chapter V, comprising Article 30, which reads as follows:
"Chapter V. - Irreceivability of public action because of provocation
Art. 30. Offences are prohibited.
There is provocation when, in the author's head, the criminal intent is directly born or strengthened, or is confirmed when the author wanted to terminate it, by the intervention of a police officer or a third party acting at the express request of that officer.
In the event of provocation, public action is inadmissible with respect to these facts. "
CHAPTER III. - Provisions amending the Code of Criminal Investigation
Art. 3. Section 28s of the Code of Criminal Investigation, inserted by the Act of 12 March 1998, amended by the Acts of 8 April 2002 and 6 January 2003 and partially annulled by the decision of the Court of Arbitration No. 202/2004 of 21 December 2004, is replaced by the following provision:
"Art. 28septies. The procurator of the King may require the examining magistrate to carry out an instruction for which only the examining magistrate is competent, except for the arrest warrant as provided for in Article 16 of the Act of 20 July 1990 relating to preventive detention, of an anonymous full witness as provided for in Article 86bis, of the monitoring measure as provided for in Article 90bis After the execution of the instructional act carried out by the investigating judge, the examining magistrate shall decide whether to refer the matter to the Crown Prosecutor who is responsible for the prosecution of the information or whether, on the contrary, he shall continue the investigation, in which case it is carried out in accordance with the provisions of Chapter VI of this Book. This decision is not subject to appeal. "
Art. 4. Article 46ter, § 1^er, paragraph 4, of the same Code, inserted by the Act of 6 January 2003, is replaced by the following paragraph:
"The concept of "mail" within the meaning of this article is defined in Article 131, 6°, 7° and 11°, of the Act of 21 March 1991 on the reform of certain economic public enterprises. "
Art. 5. Section 46quater of the same Code, inserted by the Act of 6 January 2003, is replaced by the following provision:
"Art. 46quater. § 1^er. In the search for crimes and offences, the King's Prosecutor may request, if there are serious indications that offences may result in a one-year primary prison sentence or a heavier sentence, the following information:
(a) a list of bank accounts, bank deposit boxes or financial instruments as defined in section 2, 1°, of the Financial Sector Supervision and Financial Services Act of August 2, 2002, of which the suspect is the holder, agent or real beneficiary and, where applicable, all data on this matter;
(b) banking transactions that have been carried out for a specified period on one or more of these bank accounts or financial instruments, including information on any issuer or receiver account;
(c) data concerning holders or agents who, for a specified period of time, have or had access to such deposit boxes.
§ 2. When the necessities of information require it, the King's Prosecutor may also require that:
(a) for a maximum renewable period of two months, bank transactions relating to one or more of these bank accounts, or those bank deposits or financial instruments of the suspect, will be observed;
(b) the bank or credit institution shall no longer be able to defer claims and commitments related to such bank accounts, bank deposits or financial instruments for a period that it determines, but may not exceed the period from the time the bank or credit institution becomes aware of its request to three working days after the information referred to in that institution is notified. This measure may only be required if serious and exceptional circumstances warrant it and only if the research concerns crimes or offences referred to in article 90ter, paragraphs 2 to 4, of the Code of Criminal Investigation.
§ 3. The Crown Prosecutor may, by a written and reasoned decision, require the assistance of the bank or credit institution to allow the measures referred to in §§ 1^er and 2. The bank or credit institution is required to lend its assistance without delay. In the application, the King's Attorney specifies the form in which the data referred to in § 1^er will be communicated.
Any person who, from the head of his or her office, is aware of the measure or lends his or her assistance is required to keep the secret. Any breach of secrecy is punishable under section 458 of the Criminal Code.
Any person who refuses to lend his or her assistance to the requisitions referred to in this article shall be punished by imprisonment from eight days to one year and a fine of twenty-six euros to ten thousand euros or only one of these penalties. »
Art. 6. An article 46quinquies, as follows, is inserted in the same Code:
"Art. 46quinquies. § 1^er. Without prejudice to section 89ter, the Crown Prosecutor may, by a written and reasoned decision, authorize the police to enter at any time in a private place, without the knowledge of the owner or his rightful person or without the consent of them, if there are serious indications that the punishable acts constitute or would constitute an offence referred to in article 90ter, §§ 2 to 4, or are committed or would be committed
For the purposes of this article, "private place" means the place which is clearly not:
- a home;
- a separate home base within the meaning of articles 479, 480 and 481 of the Criminal Code;
- a local used for professional purposes or residence of a lawyer or a doctor referred to in section 56 bis, paragraph 3.
In the event of an emergency, the decision referred to in paragraph 1^er, may be communicated verbally. In such cases, the decision must be prompted and confirmed in writing as soon as possible.
If the decision referred to in paragraph 1^er is taken as part of the application of specific research methods referred to in sections 47ter to 47decies, the decision and all related records are attached to the repressive record no later than after it has been terminated the particular research method.
§ 2. penetration in the private place referred to in § 1^er may only take place for the purposes of:
1° to inspect this place and to ensure the possible presence of things that are the subject of an offence, that have served or are intended to commit one or that have been produced by an offence, property benefits derived directly from the offence, property and values that have been substituted for them, and incomes from those benefits invested;
2° to gather evidence of the presence of the things referred to in 1°;
3° to install in the context of an observation a technical means referred to in Article 47sexies, § 1^erParagraph 3.
§ 3. The King's prosecutor can only decide on a discreet visual check for places where, on the basis of specific indications, it is assumed that there are the things referred to in § 2, 1°, that evidence can be collected or that it is assumed that they are used by suspicious persons.
§ 4. The use of technical means for the purposes referred to in § 2 is assimilated to penetration in a private place referred to in § 1^er. "
Art. 7. Article 47ter, § 1^er, of the same Code, inserted by the law of 6 January 2003, is replaced by the following provision:
« § 1^er. Specific research methods are observation, infiltration and use of indicators.
These methods are implemented, in the context of information or instruction, by the police services designated by the Minister of Justice, under the control of the Public Prosecutor's Office and without prejudice to articles 28bis, §§ 1^er and 2, 55 and 56, § 1^er, and 56bis, with a view to prosecuting offenders, searching, collecting, recording and processing data and information on the basis of serious indexes that punishable acts are to be committed or have already been committed, whether known or not.
These methods may also be implemented, under the same conditions, as those for observation, infiltration and the use of indicators, as part of enforcement of penalties or custodial measures, when the person has withdrawn from their execution. "
Art. 8. In section 47quinquies of the same Code, inserted by the Act of 6 January 2003, the following amendments are made:
1° Paragraph 2, paragraph 3, is replaced by the following paragraph:
"Paragraphs 1^er and 2 also apply to persons who have provided direct assistance or assistance to carry out this mission, as well as to persons referred to in section 47octies, § 1^erParagraph 2. »;
2° In § 2, paragraph 4, the words "and persons referred to in paragraph 3" are inserted between the words "a police officer" and "to commit offences";
3° § 3 is replaced by the following provision:
“§3. The police officers shall communicate to the Crown Prosecutor, in writing and prior to the execution of specific research methods, the offences referred to in § 2 that they or the persons referred to in § 2, paragraph 3, intend to commit.
If this prior communication could not take place, the police officers promptly inform the King's prosecutor of the offences that they or the persons referred to in § 2, paragraph 3, have committed and then give written confirmation. "
Art. 9. In section 47 of the same Code, inserted by the law of 6 January 2003 and partially annulled by the decision of the Court of Arbitration no. 202/2004 of 21 December 2004, the following amendments are made:
1° § 1^er is completed by the following paragraph:
"A device used for taking photographs shall be considered as a technical means within the meaning of this Code only in the case referred to in section 56bis, paragraph 2. »;
2° § 4 is replaced by the following provision:
“§4. The King's Prosecutor shall at that time state in a separate written decision the offences that may be committed by the police and persons referred to in Article 47quinquies, § 2, third paragraph, in the context of the observation.
This decision is retained in the file referred to in Article 47septics, § 1^erParagraph 2. »;
3° Paragraph 7, paragraph 2, is replaced by the following paragraph:
"The King's Prosecutor shall, at that time, specify in a separate written decision the offences that may be committed by the police and persons referred to in Article 47quinquies, § 2, paragraph 3, in the context of the observation ordered by the investigating judge. This decision is retained in the file referred to in Article 47septics, § 1^erParagraph 2. "
Art. 10. Section 47s of the same Code, inserted by the law of 6 January 2003 and partially annulled by the decision of the Court of Arbitration No. 202/2004 of 21 December 2004, is replaced by the following provision:
"Art. 47septies. § 1^er. The judicial police officer referred to in article 47sexies, § 3, 6°, shall report in a precise, complete and consistent manner to the King's prosecutor on each phase of the execution of the observations he directs.
These confidential reports are communicated directly to the Crown Prosecutor, who keeps them in a separate and confidential file. He is the only one who has access to this file, without prejudice to the right of consultation of the examining magistrate and the board of indictments, referred respectively to in article 56bis and articles 235ter, § 3, and 235quater, § 3. The content of this file is covered by professional secrecy.
§ 2. Compliance authorization and amendment, extension or extension decisions are attached to the confidential file.
The judicial police officer referred to in Article 47sexies, § 3, 6°, shall prepare the minutes of the various phases of the execution of the observation, but shall not mention any of the elements that may compromise the technical means and techniques of police investigation used or the guarantee of the security and anonymity of the indicator and the police officers responsible for the execution of the observation. These are only in the written report referred to in § 1^erParagraph 1^er.
It is referenced in a report to the authorization of observation and mention is made of the indications referred to in article 47sexies, § 3, 1°, 2°, 3° and 5°. The King's prosecutor confirms by written decision the existence of the observation authorization he granted.
Minutes that have been written and the decision referred to in paragraph 3 are attached to the repressive record no later than after it has been terminated. "
Art. 11. In section 47octies of the same Code, inserted by the law of 6 January 2003 and partially annulled by the decision of the Court of Arbitration No. 202/2004 of 21 December 2004, the following amendments are made:
1° § 4 is replaced by the following provision:
“§4. The King's Prosecutor shall at that time state in a separate written decision the offences that may be committed by the police and persons referred to in Article 47quinquies, § 2, paragraph 3, in the context of the infiltration. This decision is retained in the file referred to in article 47novies, § 1^erParagraph 2. »;
2° Paragraph 7, paragraph 2, is replaced by the following paragraph:
"The King's Prosecutor shall, at that time, specify in a separate written decision the offences that may be committed by the police and the persons referred to in Article 47quinquies, § 2, paragraph 3, as part of the infiltration ordered by the investigating judge. This decision is retained in the file referred to in article 47novies, § 1^erParagraph 2. "
Art. 12. Article 47 of the same Code, inserted by the law of 6 January 2003 and partially annulled by the decision of the Court of Arbitration No. 202/2004 of 21 December 2004, is replaced by the following provision:
"Art. 47novies. § 1^er. The judicial police officer referred to in section 47octies, § 3, 6°, shall report in a precise, complete and consistent manner to the King's prosecutor on each phase of the execution of the infiltrations that he directs.
These confidential reports are communicated directly to the Crown Prosecutor, who keeps them in a separate confidential file. He is the only one who has access to this file, without prejudice to the right of consultation of the examining magistrate and the board of indictments, referred respectively to in article 56bis and articles 235ter, § 3, and 235quater, § 3. The content of this file is covered by professional secrecy.
§ 2. Infiltration authorization and modification, extension or extension decisions are attached to the confidential file.
The judicial police officer referred to in section 47octies, § 3, 6°, writes the minutes of the various phases of the execution of the infiltration, but does not mention any of the elements that could jeopardize the technical means and techniques of police investigation used or the guarantee of the security and anonymity of the indicator, of the police officers responsible for the execution of the infiltration, and of the intended civilian § 47octies^erParagraph 2. These are only in the written report referred to in § 1^erParagraph 1^er.
It is referenced in a report to the authorization of infiltration and mention is made of the indications referred to in Article 47octies, § 3, 1°, 2°, 3° and 5°. The King's prosecutor confirms by written decision the existence of the infiltration authorization he granted.
Minutes that have been written and the decision referred to in paragraph 3 are attached to the repressive record no later than after the infiltration was terminated. »
Art. 13. In section 47decies of the same Code, inserted by the law of 6 January 2003, the following amendments are made:
1° In § 3, paragraph 4, the word "informants" is replaced by the word "indicators";
2° The article is supplemented by the following paragraph:
“§ 7. When an indicator maintains close relations with one or more persons about which there are serious indications that they commit or commit punishable acts that constitute or constitute an offence within the meaning of articles 137 to 141, within the meaning of articles 324bis and 324ter or within the meaning of articles 136bis, 136ter, 136sexies, 136sexies of the Criminal Code or an offence referred to in §
These offences must necessarily be proportional to the interest of maintaining the information position of the indicator and in no case can directly and seriously affect the physical integrity of individuals.
The local manager of the indicators referred to in § 3, paragraph 1^erin writing and beforehand informs the King's prosecutor of the punishable acts that the indicator intends to commit. The King's Prosecutor states in a separate written decision the offences that may be committed by the indicator, and that may not be more serious than those that he intended to commit. This decision is retained in the file referred to in § 6, paragraph 3.
The judge who authorizes, in accordance with this article, an indicator to commit offences shall not be liable to any penalty. "
Art. 14. Section 47undecies of the same Code, inserted by the Act of 6 January 2003 and cancelled by the Court of Arbitration no. 202/2004 of 21 December 2004, is replaced by the following provision:
"Art. 47undecies. At least every three months, the King's Prosecutor shall forward to the Attorney General all the files in which he has applied specific methods of observation and infiltration, and in which he has made the decision not to prosecute, in order to allow him to exercise control over the legality of the methods used.
The Attorney General reports on this control. This report also deals with the application of specific research methods as part of the enforcement of penalties or custodial measures within its jurisdiction. The report is communicated to the College of Attorneys General, which incorporates the comprehensive assessment and statistical data on these reports in its annual report referred to in Article 143bis, § 7 of the Judicial Code.
The federal prosecutor publishes in his annual report, referred to in Article 346, § 2, 2°, of the same Code, the overall assessment and statistical data on files in which he has applied particular methods of observation and infiltration, and in which he has made the decision not to prosecute. This report also deals with the application of specific research methods as part of enforcement of penalties or custodial measures for federal repressive cases.
The College of Attorneys General exercises control over all cases in which the use of indicators in accordance with Article 47decies, § 7 has been implemented. To this end, a circumstantial report is transmitted to the president of the General Prosecutors' College by the King's Prosecutor through the territorially competent Attorney General, or directly by the Federal Prosecutor. This report is transmitted as soon as it is terminated the application of this particular research method. The College of Attorneys General reports on this control and incorporates the comprehensive assessment and statistical data on this subject in its annual report referred to in Article 143bis, § 7 of the Judicial Code. "
Art. 15. Section 47duodecies of the same Code, inserted by the Act of 21 June 2001 and renumbered by the Act of 6 January 2003, is supplemented by the following paragraph:
“§3. When exercising the jurisdiction provided for in Article 144ter, § 1^er, 2°, of the Judicial Code, the Federal Prosecutor shall refer exclusively to the dean of specialized investigating judges for offences referred to in sections 137 to 141 of the Criminal Code, which assigns the file to one of these investigating judges.
This dean may, at any time, for the same case, appoint other specialized investigative judges to hear offences under sections 137 to 141 of the Criminal Code. "
Art. 16. Section 56bis, paragraph 2, of the same Code, inserted by the law of 6 January 2003 and partially annulled by the decision of the Court of Arbitration no. 202/2004 of 21 December 2004, is replaced by the following paragraph:
"Only the investigating judge may authorize an observation, referred to in section 47sexies, carried out using technical means in order to have a view in a home, or in a proper dependency of that domicile within the meaning of articles 479, 480 and 481 of the Criminal Code, or in a place used for professional purposes or as residence by a lawyer or a doctor, referred to in paragraph 3, where there is a criminal offence »
Art. 17. Section 62bis of the same Code, inserted by the Act of 27 March 1969 and amended by the Acts of 12 March 1998, 4 May 1999 and 10 April 2003, is supplemented by the following paragraph:
"Specialized investigating judges for offences referred to in sections 137 to 141 of the Criminal Code are competent to hear the facts before them by the dean of these investigating judges, when the federal prosecutor transmitted a file in accordance with section 47duodecies, § 3, regardless of the location of the offence, the place of residence of the alleged perpetrator or the place where the alleged perpetrator may be found.
In this case they exercise their powers over the entire territory of the Kingdom.
In case of legal impediments, they may be replaced by the investigating judges of the court of first instance of which they are part. "
Art. 18. Section 89ter of the same Code, inserted by the law of 6 January 2003 and partially annulled by the decision of the Court of Arbitration No. 202/2004 of 21 December 2004, is replaced by the following provision:
"Art. 89ter. As part of the enforcement of the measure provided for in Article 46quinquies, and under the conditions set out in it, only the investigating judge may authorize the police to enter at any time in a private place other than that referred to in Article 46quinquies, § 1^er, without the owner or the owner's right, or the occupant's consent.
If the authorization referred to in paragraph 1^er is granted as part of the application of specific research methods pursuant to sections 47ter to 47decies or to section 56bis, the authorization and all related minutes are attached to the repressive record no later than after it has been terminated the particular research method.
He communicates a copy of his or her order to the King's Attorney. "
Art. 19. In Article 90ter, § 1^er, paragraph 2, of the same Code, inserted by the law of January 6, 2003, the words "at any time" are inserted between the words "interference" and the words "in a home".
Art. 20. It is inserted in the First Book of the same Code, a chapter XI, including section 136quater, as follows:
“Chapter XI. - The jurisdiction of the courts of investigation in matters of terrorism
Art 136quater. Where the board or the board of indictments is seized of an investigation conducted following a requisition of the federal prosecutor pursuant to section 47duodecies, § 3, they are competent to know, regardless of the location of the offence, the place of residence of the alleged perpetrator or the place where the alleged perpetrator may be found. "
Art. 21. Section 139 of the Code, as amended by the Act of 4 May 1999, is supplemented by the following paragraph:
"When the court is seized of a fact that gave rise to an investigation conducted following a requisition of the federal prosecutor in accordance with section 47duodecies, § 3, it is competent to know, regardless of the location of the offence, the place of residence of the alleged perpetrator or the place where the alleged perpetrator may be found. "
Art. 22. An article 189ter, as follows, is inserted in the same Code:
"Art. 189ter. On the basis of concrete elements that appeared only after the control of the board of indictments under section 235ter, the court may, either on its own motion or on the requisition of the public prosecutor's office, or at the request of the accused, the civil party or their lawyers, charge the board of indictments to control the application of the specific methods of observation and infiltration, pursuant to article 235.
This requisition or request must, under penalty of deprivation of liberty, be raised before any other means of law, unless this means specific and new elements that appeared at the hearing.
The court shall forward the case to the Public Prosecutor's Office, in order to bring the case to this effect before the indictment board. "
Art. 23. An article 235ter, as follows, is inserted in the same Code:
"Art. 235ter. § 1^er. The Indictment Chamber is responsible for monitoring the implementation of specific methods of observation and infiltration.
Upon completion of the information in which these methods were used and before the Public Prosecutor's Office conducts the direct summons, the Indictment Chamber shall examine, on the requisition of the Public Prosecutor's Office, the regularity of the specific methods of observation and infiltration.
From the time the examining magistrate communicates his file to the Crown Prosecutor under section 127, § 1^erParagraph 1^er, the board of indictments examines, on the requisition of the Public Prosecutor's Office, the regularity of the specific methods of observation and infiltration that were applied in the course of the preceded investigation or information.
§ 2. The Indictment Chamber shall take action within thirty days of receipt of the Public Prosecutor's Requisition. This period is reduced to eight days if one of the accused is in pre-trial detention.
The Indictment Chamber hears, separately and in the absence of the parties, the Attorney General in his observations.
It shall mean in the same manner the civil party and the inculcated person, after summons which is notified to them by the clerk by fax or by registered letter to the position no later than 48 hours before the hearing. The Clerk also informs them in this summons that the repressive file is made available to them in the Registry, in original or in copy for consultation during that period.
For specific methods of observation and infiltration, it may hear, separately and in the absence of the parties, the examining magistrate and the judicial police officer referred to in articles 47sexies, § 3, 6°, and 47octies, § 3, 6°.
The Indictment Chamber may charge the investigating judge to hear the police officers responsible for performing the observation and infiltration and the civil referred to in section 47octies, § 1^erparagraph 2, pursuant to articles 86bis and 86ter. It may decide to be present at the hearing conducted by the investigating judge or to delegate one of its members to that effect.
§ 3. The Public Prosecutor ' s Office shall submit to the President of the Board the confidential record referred to in articles 47septies, § 1^erparagraph 2, or 47novies, § 1^erparagraph 2, which deals with information or instruction referred to in § 1^er. Only the judges of the indictment chamber have the right to consult this confidential file.
The President of the Indictment Chamber shall take the necessary steps to ensure the protection of the confidential file. He immediately returned it to the Public Prosecutor's Office after he became aware of it.
§ 4. The decision of the board of indictments shall not mention the content of the confidential record, or any element that may compromise the technical means and techniques of police investigation used or the guarantee of the security and anonymity of the indicator, the police officers responsible for the execution of the observation or infiltration and the civil referred to in section 47octies, § 1^erParagraph 2.
§ 5. The surplus shall be carried out in accordance with Article 235bis, §§ 5 and 6.
§ 6. The control of the confidential file by the indictment board is not subject to any appeal. "
Art. 24. Article 235quater, as follows, is inserted in the same Code:
"Art. 235quater. § 1^er. Without prejudice to the exercise of the control referred to in section 235ter, the board of indictments may, on an interim basis, at the request of the investigating judge or on the requisition of the public prosecutor's office, examine, during the investigation, the regularity of the specific methods of observation and infiltration that have been applied in the course of this investigation or the information that preceded it.
In order for the indictment chamber to exercise its control on its own motion, the King's prosecutors of his jurisdiction shall systematically and immediately inform the president of the board of indictments of the files for which observations and infiltrations have been decided by the public prosecutor or by the investigating judge.
§ 2. The Indictment Chamber hears, separately and in the absence of the parties, the Attorney General in his observations.
For specific methods of observation or infiltration, it may hear, separately and in the absence of the parties, the examining magistrate and the judicial police officer referred to in articles 47sexies, § 3, 6°, and 47octies, § 3, 6°.
§ 3. The Public Prosecutor ' s Office shall submit to the President of the Board the confidential record referred to in articles 47septies, § 1^erparagraph 2, or 47novies, § 1^erparagraph 2, which deals with the instruction referred to in § 1^er. Only the judges of the indictment chamber have the right to consult this confidential file.
The President of the Indictment Chamber shall take the necessary steps to ensure the protection of the confidential file. He immediately returned it to the Public Prosecutor's Office after he became aware of it.
§ 4. The decision of the board of indictments shall not mention the content of the confidential record, or any element that may compromise the technical means and techniques of police investigation used or the guarantee of the security and anonymity of the indicator, the police officers responsible for the execution of the observation or infiltration and the civil referred to in section 47octies, § 1^erParagraph 2. "
Art. 25. An article 335bis, as follows, is inserted in the same Code:
"Art. 335bis. On the basis of concrete elements that appeared later in the control of the board of indictments under section 235ter, the President may, either on his or her own motion or upon the request of the accused, the civil party or their lawyers, charge the board of indictments to control the application of the specific methods of observation or infiltration, pursuant to article 235.
This requisition or request must, under penalty of deprivation of liberty, be raised before any other means of law, unless this means specific and new elements that appeared at the hearing.
The President shall forward the case to the Public Prosecutor's Office, in order to bring the case to the indictment chamber. "
CHAPTER IV. - Provisions amending the Judicial Code
Art. 26. In article 79 of the Judicial Code, amended by the laws of 18 July 1991, 21 January 1997 and 22 December 1998, the following paragraphs are inserted between paragraphs 1^er and 2:
"In the jurisdiction of each court of appeal, the first president shall designate, on the advice of the federal prosecutor, one or more investigating judges, whose quota shall be fixed by the King. These investigating judges must have a useful experience in investigating the offences referred to in sections 137 to 141 of the Criminal Code. This designation does not affect their status or assignment. In accordance with this designation, they deal with the files before them on the basis of Article 47duodecies, § 3, of the Code of Criminal Investigation.
The oldest examining magistrate, appointed by the First President of the Brussels Court of Appeal, shall, as the dean, ensure the distribution of the files before him by the Federal Prosecutor under Article 47duodecies, § 3, of the Code of Criminal Investigation.
In the event of a legal impediment to the dean, the dean designates to replace the dean, another specialized investigative judge to hear offences referred to in sections 137 to 141 of the Criminal Code and belonging to the Brussels Court of Appeal. "
Art. 27. Article 102, § 1^er, of the same Code, restored by the Act of 9 July 1997, is supplemented by the following paragraph:
"They may not, however, sit in the indictment chamber when it is adjudicated under articles 235ter and 235quater of the Criminal Code. "
CHAPTER V. - Final provision
Art. 28. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of Articles 15, 17, 20, 21 and 26, which come into force on the date fixed by the King.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 27, 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the Ttat Seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2005-2006.
House of Representatives.
Documents. - Bill, 51-2055 - No. 1. - Amendments, 51-2055 - n^bones 2 to 4. - Report, 51-2055 - No. 5. - Text adopted by the Commission, 51-2055 - No. 6. - Amendments, 51-2055 - No. 7. - Text adopted in plenary and transmitted to the Senate, 51-2055 - No. 8.
Full report: 20 December 2005
Senate.
Documents. - Project transmitted by the Chamber, 3-1491 - No. 1. -