Act Miscellaneous Amendments To The Code Of Criminal Procedure And The Judicial Code To Improve The Methods Of Investigation In The Fight Against Terrorism And Serious And Organised Crime (1)

Original Language Title: Loi portant des modifications diverses au Code d'instruction criminelle et au Code judiciaire en vue d'améliorer les modes d'investigation dans la lutte contre le terrorisme et la criminalité grave et organisée (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Posted the: 2005-12-30 Numac: 2005010015 SERVICE PUBLIC FÉDÉRAL JUSTICE 27 December 2005. -Law on various amendments to the Code of criminal procedure and the Judicial Code to improve the methods of investigation in the fight against terrorism and serious and organised crime (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted in us sanctionons the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -Provision amending the preliminary title of the Code of criminal procedure art. 2. it is inserted into the law of April 17, 1878 containing the preliminary of the Code of criminal procedure, chapter V, including article 30, as follows: "chapter v - of the inadmissibility of prosecution because of provocative art. 30. it is forbidden to cause offences.
There are provocative when, on the part of the author, the intent is directly born is reinforced, or is confirmed while the author wanted to terminate by the intervention of an official police or a third party acting at the request of the staff member.
In the case of provocation, public action is inadmissible with regard to these facts. ».
CHAPTER III. — Provisions amending the Code of criminal procedure art.
3. article 28septies of the Code of criminal procedure, inserted by the Act of 12 March 1998, amended by laws of 8 April 2002 and 6 January 2003 and partially cancelled by the judgment of the Court of arbitration no. 202/2004 of 21 December 2004 is replaced by the following provision: «art.» 28septies. the Prosecutor may request the co-investigating judge the performance of taking of evidence for which only the investigating judge is competent, with the exception of the arrest warrant as provided for in article 16 of the Act of 20 July 1990 relating to the detention on remand of anonymous testimony complete as provided for in article 86bis of the surveillance measure as provided for by article 90b statement acts as they are intended to 56bis, paragraph 2, and 89ter sections as well as the search without a statement being open. After the execution of the taking of evidence done by the investigating judge, he decides if he will refer the matter to the Prosecutor of the King who is responsible for the continuation of information or if, instead, he keeps himself the investigation, in which case there is method in accordance with the provisions of Chapter VI of the present paper. This decision is likely to no remedy. ».
S. 4. article 46ter, § 1, paragraph 4, of the Code, inserted by the Act of January 6, 2003, is replaced by the following subparagraph: "the notion of"mail"within the meaning of this article means as defined in article 131, 6 °, 7 ° and 11 °, of the law of 21 March 1991 on reform of some economic public companies.
».
S. 5. article 46quater of the Code, inserted by the law of January 6, 2003, is replaced by the following provision: «art.» 46quater. § 1. In researching the crimes and delicts, the Prosecutor may require, if there are serious indications that infringements may give rise to primary one year correctional imprisonment or a heavier sentence, the following information: a) the list of bank accounts, Bank safes or financial instruments as defined in article 2, 1 ° Act of 2 August 2002 on the supervision of the financial sector and financial services, owned by the suspect, the agent or the real beneficiary and, where applicable, all data thereon;
b) banking transactions carried out during a specified period through one or more of these bank accounts or financial instruments, including information about any account transmitter or receiver;
(c) data concerning the licensees or agents which, for a specified period, have or had access to these Bank safes).
§ 2. When information needs so require, the Prosecutor may in addition require that: has) for a renewable period of up to two months, banking transactions relating to one or more of these bank accounts, or these Bank vaults or financial instruments of the suspect, will be observed;
(b) the Bank or the credit institution cannot divest itself of claims and liabilities related to these bank accounts, these chests banking or these financial instruments for a period as it may determine, but may not exceed the period when the Bank or credit institution becomes aware of its application to three working days after the notification of the data covered by this establishment. This measure may be required if serious and exceptional circumstances and only if research focuses on crimes or offences referred to in article 90b, §§ 2 to 4, of the Code of criminal procedure.
§
3. The Prosecutor of the King may, by a written and reasoned decision, require the assistance of the Bank or the establishment of credit to enable the measures referred to in §§ 1 and 2. The Bank or the credit institution is required to pay without delay its competition. In the application, the Crown Procurator specifies the form in which the data referred to the § 1 will be communicated to him.
Any person who, the head of its function, has knowledge of the extent or lend its assistance is required to keep secret. Any breach of secrecy is punishable in accordance with article 458 of the penal Code.
Any person who refuses to assist in the requisitions referred to in this section is punishable by imprisonment from eight days to one year and a fine of twenty-six euros ten thousand euros or one of those penalties only. » Art. 6. an article 46quinquies, worded as follows, shall be inserted in the same Code: «art.» 46quinquies. § 1.
Without prejudice to article 89ter, King's attorney may, by a written and reasoned, decision allow police forces to enter at any time in a private place, unbeknownst to the owner or his successor in title, or without the consent of the latter, if there are serious indications that offences constitutes or would constitute an offence referred to in article 90b , §§ 2 to 4, or are committed or committed within an organization criminal referred to in article 324bis of the penal Code, and if other means of investigation do not appear to be sufficient to the manifestation of the truth.
For the purposes of this article, means "private place", which is clearly not:-Home;
-own addictive is enclose of a domicile within the meaning of articles 479, 480, and 481 of the penal Code;
-a room used for professional purposes or residence of a lawyer or a doctor, referred to in article 56bis, paragraph 3.
In an emergency, the decision referred to in paragraph 1 may be communicated verbally. In such cases, the decision must be substantiated and confirmed in writing as soon as possible.
If the decision referred to in paragraph 1 is made in the context of the application of particular research methods referred to in articles 47decies 47ter, decision and all minutes y thereto are attached to the repressive record no later than after that ended in the particular method of research.
§ 2. Penetration into the private place referred to the § 1 may only take place for the purpose: 1 ° to inspect this place and to ensure the presence of things which form the subject of an offence, who have served or who are aimed at committing one or which has been produced by an offence, economic benefits derived directly from the offence, of the goods and values that have been substituted and revenues of these vested benefits;
2 ° the evidence of the presence of the things mentioned in the 1 °;
3 ° to install as part of an observation a technical means referred to in article 47sexies, § 1, paragraph 3.
§ 3. The Prosecutor may decide to a discreet Visual check for places where, on the basis of precise indications, assumes that are the things referred to in § 2, 1 °, of evidence can be collected or which it is assumed that they are used by suspects.
§ 4. The use of technical means for the purposes referred to in § 2, is equated with a penetration in a private place referred to the § 1. ».
S. 7. article 47ter, § 1, of the same Code, inserted by the law of January 6, 2003, is replaced by the following provision: «§ 1.» Specific research methods are observation, infiltration and the use of indicators.
These methods are implemented, as part of an information or a statement, by the police designated by the Minister of Justice, under the control of the public prosecutor and without prejudice to articles 28A, §§ 1 and 2, 55 and 56, § 1, and 56bis, to prosecute the perpetrators of offences, search, collect, record and process data and information on the basis of suspicion that punishable offences will be committed or have already been committed, regardless of whether or not they are known.
These methods will also be implemented in the same conditions as those provided for observation, infiltration and the use of indicators, in the context of execution of sentences or measures involving deprivation of liberty, when the person is excluded from their execution. ».
S.
8A article 47quinquies of the same Code, inserted by the law of January 6, 2003, the following changes are made: 1 ° § 2, paragraph 3, is replaced by the following subparagraph:

"Paragraphs 1 and 2 shall also apply to persons who have provided directly aid or assistance necessary for the execution of this mission, as well as to the persons referred to in article 47octies, § 1, paragraph 2. ';
2 ° in § 2, paragraph 4, the words "and the persons referred to in paragraph 3" shall be inserted between the words "police officer" and "to commit offences";
3 ° § 3 is replaced by the following provision: "§ § 3 3» Police officers shall notify counsel for the King, in writing and prior to the execution of specific research methods, the offences referred to in § 2 than themselves or the persons referred to in § 2, paragraph 3, they intend to commit.
If this discovery could not take place, police officers shall inform without delay the Prosecutor of offences themselves or the persons referred to in § 2, paragraph 3, were committed, and then provide confirmation in writing. ».
S. 9A article 47sexies of the same Code, inserted by the law of January 6, 2003 and partially cancelled by the judgment of the Court of arbitration no. 202/2004 of 21 December 2004, the following changes are made: 1 ° the § 1 is supplemented by the following paragraph: "a device used for the taking of photographs is considered technical means within the meaning of this Code as in the case referred to article 56bis paragraph 2. »;
2 ° § 4 is replaced by the following provision: "§ § 4 4» King's Attorney indicates at that time in a separate written decision offences that may be committed by the police and the persons referred to in article 47quinquies, paragraph 2, third paragraph, under observation.
This decision is kept in the dossier referred to in article 47septies, § 1, paragraph 2. »;
3 ° § 7, paragraph 2, is replaced by the following subparagraph: "the King's Attorney indicates at this time in a separate written decision offences that can 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 kept in the dossier referred to in article 47septies, § 1, paragraph 2. ».
S.
10. article 47septies of the same Code, inserted by the law of January 6, 2003 and partially cancelled by the judgment of the Court of arbitration no. 202/2004 of 21 December 2004 is replaced by the following provision: «art.» 47septies. § 1. Judicial police officer referred to in article 47sexies, § 3, 6 ° done writing way accurate, complete and compliant to truth, to the Prosecutor of the King on each phase of execution of the observations which he conducts.
These confidential reports are communicated directly to the Prosecutor of the King, who keeps a folder separate and confidential. II is the only one to have access to this folder, without prejudice to the right of consultation by the judge of instruction and the room of the indicted, respectively referred to in section 56bis and to articles 235ter, § 3, and 235quater, § 3. The contents of this folder is covered by professional secrecy.
§ 2. The authorisation of observation and the decisions regarding modification, extension or extension are attached to the confidential record.
Referred to in article 47sexies, § 3, 6 ° judicial police officer, writes the minutes of the various phases of the implementation of the observation, but mentions none of the elements that might compromise the technical means and police investigation techniques used or the guarantee of security and anonymity of the flag and police officers responsible for the implementation of the observation. These elements appear only in the written report referred to the § 1, paragraph 1.
II reference is made in a report the authority to observation and mention is made of the indications referred to in article 47sexies, § 3, 1 °, 2 °, 3 ° and 5 °. The Prosecutor of the King confirms the existence of observation authorization granted by written decision.
Minutes which were written and the decision referred to in paragraph 3 are attached to the repressive folder no later than after terminated observation. ».
S. 11A article 47octies of the same Code, inserted by the law of January 6, 2003 and partially cancelled by the judgment of the Court of arbitration no. 202/2004 of 21 December 2004, the following changes are made: 1 ° § 4 is replaced by the following provision: "§ § 4 4» King's Attorney indicates at that time in a separate written decision offences that can be committed by the police and persons referred to in article 47quinquies, § 2, paragraph 3, in the context of the infiltration. This decision is kept in the dossier referred to in article 47novies, § 1, paragraph 2. »;
2 ° § 7, paragraph 2, is replaced by the following subparagraph: "the King's Attorney indicates at this time in a separate written decision offences that can be committed by the police and persons referred to in article 47quinquies, § 2, paragraph 3, in the context of the infiltration ordered by the investigating judge. This decision is kept in the dossier referred to in article 47novies, § 1, paragraph 2. ».
S. 12. article 47novies of the Code, inserted by the law of January 6, 2003 and partially cancelled by the judgment of the Court of arbitration no. 202/2004 of 21 December 2004 is replaced by the following provision: «art.» 47novies. § 1.
Judicial police officer referred to in article 47octies, § 3, 6 ° done writing way accurate, complete and to truth, in accordance with the procureur du Roi on each phase of execution of the infiltrations that he leads.
These confidential reports are communicated directly to the Prosecutor of the King, who keeps in a separate confidential file. II is the only one to have access to this folder, without prejudice to the right of consultation by the judge of instruction and the room of the indicted, respectively referred to in section 56bis and to articles 235ter, § 3, and 235quater, § 3. The contents of this folder is covered by professional secrecy.
§ 2. The authorisation of infiltration and the decisions regarding modification, extension or extension are attached to the confidential record.
Referred to in article 47octies, § 3, 6 ° judicial police officer, writes the minutes of the different phases of the execution of the infiltration, but mentions none of the elements that might compromise the technical means and police investigation techniques used or the guarantee of security and anonymity of the flag, police officials responsible for the implementation of infiltration, and referred to in article 47octies civil , § 1, paragraph 2. These elements appear only in the written report referred to the § 1, paragraph 1.
II reference is made in a report the authority to infiltration and mention is made of the indications referred to in article 47octies, § 3, 1 °, 2 °, 3 ° and 5 °. The Prosecutor of the King confirms the existence of infiltration authorization granted by written decision.
The minutes which have been written and the decision referred to in paragraph 3 are attached to repressive folder no later than after that ended the infiltration. » Art. 13A section 47decies of the Code, inserted by the law of January 6, 2003, the following changes are made: 1 ° in § 3, paragraph 4, the word "informant" is replaced by "indicators";
2 ° article is supplemented by the following paragraph: "§ § 7 7» When an indicator maintains close relations with one or more persons about which there are serious indications that they commit or commit punishable offences which constitutes or would 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 136A, 136ter, 136quater, 136sexies, 136septies the Criminal Code or an offence referred to in article 90b , § 2, 4 °, 7 °, 7 ° bis, 7 ter °, 8 °, 11 °, 14 °, 16 ° and 17 °, provided that those last offences referred to in article 90b, § 2, are or would be committed in the course of a criminal organization referred to in article 324bis of the penal Code, the Prosecutor may allow this flag to commit offences which are absolutely necessary for maintaining its position of information.
These offences must necessarily be proportionate to the interest to maintain the position of the indicator information and cannot in no case directly and seriously affect the physical integrity of persons.
The local Manager of the indicators, referred to in § 3, paragraph 1, informed in writing and in advance of the Attorney of the King of offences that indicator has the intent to commit.
The Prosecutor says in a separate written decision offences which may be committed by the indicator, and that may be more serious than those he had the intent to commit.
This decision is kept in the folder referred to in § 6, paragraph 3.
The magistrate who authorized pursuant to this section, an indicator to commit offences, incurs no penalty. ».
S. 14. article 47undecies of the Code, inserted by the law of January 6, 2003 and annulled by the judgment of 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 prosecutor sends the Attorney general all folders in which he made application specific methods research of observation and infiltration, and in which he took the decision not to prosecute, in order to exercise control over the legality of the methods used.
The

Attorney general shall report of this control. This report also covers the application of particular research methods in the context of the execution of penalties or the custodial measures within its jurisdiction. The report is communicated to the college of Attorneys General, which integrates the overall evaluation and statistical data on these reports in its annual report referred to in article 143bis, § 7, of the Judicial Code.
The federal prosecutor published in its annual report, referred to in article 346, § 2, 2 °, of the same Code, the overall evaluation and statistical data on cases in which he did application of special methods research observation and infiltration, and in which he took the decision not to prosecute. This report also covers the application of particular research methods in the context of the execution of penalties or the custodial measures for federal law enforcement records.
The college of Prosecutors General exercises control over all records in which the use of indicators in accordance with article 47decies, § 7, has been implemented. To this end, a detailed report is transmitted to the president of the college of Prosecutors General by the territorially competent prosecutor of the King through the Attorney general, or directly by the federal prosecutor. The report is transmitted as soon as it is put an end to the application of this particular method of research. The college of Prosecutors General reported this control and integrates the overall assessment and statistics relating to this subject in its annual report referred to in article 143bis, § 7, of the Judicial Code. ».
S.
15. article 47duodecies of the Code, inserted by the law of June 21, 2001 and renumbered by the law of January 6, 2003, is supplemented by the following paragraph: "§ § 3 3» When exercising its jurisdiction under article 144ter, § 1, 2 °, of the Judicial Code, the federal prosecutor captures only the Dean of investigating judges for offences referred to in articles 137 to 141 of the penal Code, which sets the folder to one of the investigating judges.
The Dean may, at any time, for the same case, designate other co-investigating judges specialized for offences referred to in articles 137 to 141 of the penal Code. ».
S. 16. section 56bis, paragraph 2, of the same Code, inserted by the law of January 6, 2003 and partially cancelled by the judgment of the Court of arbitration no. 202/2004 of 21 December 2004 is replaced by the following subparagraph: "only the investigating judge may also allow a comment, referred to in article 47sexies, carried out by technical means in order to have a view in a home. , or in own addictive is enclose of domicile within the meaning of articles 479, 480, and 481 of the Criminal Code, or in premises used for business purposes or as a residence by a lawyer or a doctor, referred to in paragraph 3, where there are serious indications that offences constitutes or would constitute an offence referred to in article 90b , §§ 2 to 4, or is or would be committed as part of a criminal organization referred to in article 324bis of the penal Code. » Art. 17. article 62A of the same Code, inserted by the law of March 27, 1969 and amended by the laws of the March 12, 1998, may 4, 1999 and 10 April 2003, is supplemented by the following paragraph: "the investigating judges for offences referred to in articles 137 to 141 of the penal Code are competent to hear facts before them by the Dean of the investigating judges. When the federal prosecutor forwarded a dossier in accordance with article 47duodecies, § 3, regardless of the place of the offence, of the place of residence of the alleged offender or the place where it can be found.
In this case they exercise their powers throughout the territory of the Kingdom.
In the case of legal impediment, they may be replaced by the co-investigating judges of the Court of first instance which they are part. ».
S. 18. article 89ter of the same Code, inserted by the law of January 6, 2003 and partially cancelled by the judgment of the Court of arbitration no. 202/2004 of 21 December 2004 is replaced by the following provision: «art.» 89ter. in the execution of the measure provided for in article 46quinquies, and the conditions which it sets out, only the investigating judge may authorize police departments to enter at any time in one private place other than those referred to in article 46quinquies, § 1, without the knowledge of the owner or his successor in title, or the occupier, or without the consent of the latter.
If the authorization referred to in paragraph 1 is granted in the context of the application of particular methods of research in accordance with articles 47ter at 47decies or in section 56bis, permission and all minutes y thereto are attached to the repressive record no later than after it has been put an end to the particular research method.
It communicates a copy of its order to the Attorney of the King. ».
S. 19. in article 90b, § 1, paragraph 2, of the same Code, inserted by the Act January 6, 2003, the words ", at any time," are inserted between the words "penetration" and "in a home."
S. 20. it is inserted in the first book of the Code, a chapter XI, including section 136quater, as follows: 'chapter XI. -From the jurisdiction of the courts of terrorism Art 136quater training. When the Council or the indictments chamber is seized of a statement carried out following a requirement of the federal prosecutor in accordance with article 47duodecies, § 3, they are competent to learn, regardless of the place of the offence, of the place of residence of the alleged offender or the place where it can be found. ».
S. 21. article 139 of the same Code, as amended by the Act of 4 May 1999, is supplemented by the following paragraph: "when the Court is seized of a fact which gave rise to a statement carried out following a requirement of the federal prosecutor in accordance with article 47duodecies, § 3, it is competent to learn, regardless of the place of the offence, of the place of residence of the alleged offender or the place where it can be found. ''
S. 22. an article 189ter, worded as follows, shall be inserted in the same Code: «art.» 189ter. on the basis of concrete elements which only appeared as subsequent to the control of the Chamber of indictments made under article 235ter, the Court may, either ex officio or at the request of the public prosecutor or at the request of the accused, the prosecution or their lawyers, load the Chamber in charge of monitoring the implementation of the specific research of observation and infiltration methods , pursuant to article 235ter.
This requisition or this request must, under penalty of forfeiture, be raised before any other means of law, unless this plea concerns concrete and new elements that appeared at the hearing.
The tribunal transmits the file to the public prosecutor, in order to bring the matter to this effect before the indictments chamber. ».
S. 23. an article 235ter, worded as follows, shall be inserted in the same Code: «art.» 235ter. § 1. The indictments chamber is responsible for controlling the implementation of specific research of observation and infiltration methods.
As soon as the closing information in which those methods were used and before the Crown proceeded to direct quotation, the indictments chamber examines, on the requisition of the Crown, the regularity of the particular methods of research observation and infiltration.
From the moment where the investigating judge release his dossier to the Prosecutor under article 127, § 1, paragraph 1, the indictments chamber examines, on the requisition of the Crown, the regularity of particular research of observation and infiltration methods which have been applied in the context of the statement or information which preceded it.
§ 2. The indictments chamber shall decide within thirty days of receipt of the requisition of the Crown. This period is reduced to eight days if one of the accused is in custody.
The indictments Chamber heard separately and in the absence of the parties, the Attorney general in its observations.
It intends in the same way the civil party and the accused, after summons which is notified to them by the Registrar by fax or by registered letter to the post office no later than 48 hours before the hearing. The clerk informs them also in this notice, the repressive folder is put at their disposal at the registry, in original or copy for consultation during this period.
For specific research observation and infiltration methods, she can hear, separately and in the absence of the parties, the investigating judge and the judicial police officer referred to in section 47sexies, § 3, 6 °, and 47octies, § 3, 6 °.
The indictments chamber may load the investigating judge to hear police officers responsible for carrying out observation and infiltration and civil under article 47octies, § 1, paragraph 2, in accordance with articles 86bis and 86ter. She can decide to be present at the hearing conducted by the investigating judge or delegate one of its members for this purpose.
§ 3. The Crown submits to the president of the indictments chamber the confidential dossier referred in article 47septies, § 1, paragraph 2, or 47novies, § 1, paragraph 2, which describes

on the information or the statement referred to the § 1. Only judges of the Chamber of indictments have the right to consult this folder private.
The president of the indictments chamber takes the necessary measures to ensure the protection of the confidential record. It renders immediately to the public prosecutor after reading.
§
4. The judgment of the House of indictments can not refer to the contents of the confidential record or item less likely to compromise the technical means and police investigation techniques used or the guarantee of security and anonymity of the flag, police officials responsible for the implementation of observation or of infiltration and referred to in article 47octies civil , § 1, paragraph 2.
§ 5. It is made to the surplus in accordance with article 235A, §§ 5 and 6.
§ 6. Control of the confidential record by the indictments chamber is likely to no remedy. ».
S. 24. an article 235quater, worded as follows, shall be inserted in the same Code: «art.» 235quater. § 1.
Without prejudice to the exercise of the control referred to in article 235ter, the indictments chamber may, on a provisional basis, of office, at the request of the judge of instruction or on the requisition of the Crown examining, during the investigation, regularity of particular research of observation and infiltration methods which have been applied in the context of this statement or information which preceded it.
So the Chamber of indictments can control Office, the King of his spring prosecutors inform systematically and immediately the president of the Chamber of indictments of files for which the comments and infiltration have been decided by the public prosecutor or the investigating judge.
§ 2. The indictments Chamber heard separately and in the absence of the parties, the Attorney general in its observations.
For specific research observation or infiltration methods, she can hear, separately and in the absence of the parties, the investigating judge and the judicial police officer referred to in section 47sexies, § 3, 6 °, and 47octies, § 3, 6 °.
§ 3. The Crown submits to the president of the indictments chamber the confidential dossier referred in article 47septies, § 1, paragraph 2, or 47novies, § 1, paragraph 2, which deals with the statement referred to the § 1. Only judges of the Chamber of indictments have the right to consult this folder private.
The president of the indictments chamber takes the necessary measures to ensure the protection of the confidential record.
It renders immediately to the public prosecutor after reading.
§
4. The judgment of the House of indictments can not refer to the contents of the confidential record or item less likely to compromise the technical means and police investigation techniques used or the guarantee of security and anonymity of the flag, police officials responsible for the implementation of observation or of infiltration and referred to in article 47octies civil , § 1, paragraph 2. ».
S. 25. an article 335bis, worded as follows, shall be inserted in the same Code: «art.» 335bis. on the basis of concrete elements that have emerged subsequent to the control of the Chamber of indictments under article 235ter, the President may, either ex officio or at the request of the public prosecutor or at the request of the accused, the prosecution or their lawyers, load the Chamber in charge of monitoring the implementation of the specific research observation or infiltration methods , pursuant to article 235ter.
This requisition or this request must, under penalty of forfeiture, be raised before any other means of law, unless this plea concerns concrete and new elements that appeared at the hearing.
The president transmits the file to the Crown, in order to bring the matter to this effect before the indictments chamber. ».
CHAPTER IV. -Provisions amending the Judicial Code articles
26. in article 79 of the Judicial Code, amended by the acts of the July 18, 1991, 21 January 1997 and 22 December 1998, the following subparagraphs are inserted between paragraphs 1 and 2: "within the jurisdiction of each court of appeal, the first president designates, on the advice of the federal prosecutor, among the co-investigating judges, one or several investigating judges, the quota will be fixed by the King.
These investigative judges must have relevant experience for the investigation of offences under articles 137 to 141 of the penal Code. This designation has no impact on their status, or on their assignment. Under this designation, they deal primarily with records before them on the basis of article 47duodecies, § 3, of the Code of criminal procedure.
As Dean, the oldest investigative judge, appointed by the first President of the Court of appeal of Brussels, ensures the distribution of records which he is seized by the federal prosecutor under article 47duodecies, § 3, of the Code of criminal procedure.
In the case of legal impediment of the Dean, designated to replace him, another judge specialized instruction for offences referred to in articles 137 to 141 of the penal Code and belonging to the jurisdiction of the Court of appeal of Brussels. ».
S. 27. article 102, § 1, of the same Code, restored by the law of 9 July 1997, is supplemented by the following paragraph: 'They cannot however serve indictments in the Chamber when it rules in application of articles 235ter and 235quater of the Code of criminal procedure.'.
Chapter V. - Provision final art.
28. this Act comes into force the day of its publication in the Moniteur belge, with the exception of articles 15, 17, 20, 21 and 26, which come into force on the date fixed by the King.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, December 27, 2005.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX seal of the State 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 - our 2-4. -Report, 51-2055 - No. 5. -Text adopted by the commission, 51-2055 - No. 6. -Amendments 51-2055 - No. 7. -Text adopted in plenary meeting and forwarded to the Senate, 51-2055 - No. 8.
Full report: December 20, 2005 Senate.
Documents. -Draft transmitted by the Chamber, 3-1491 - No. 1. -