10 AOUT 2005. - Act to supplement the criminal protection of minors (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Provisions amending the Criminal Code
Art. 2. In section 391bis of the Criminal Code, inserted by the law of 14 January 1928, replaced by the law of 5 July 1963 and amended by the law of 31 March 1987, the following paragraph is inserted between paragraphs 4 and 5:
"The same penalties shall apply to any person who has voluntarily impeded guardianship of family benefits or other social benefits, failing to provide the necessary documents to the agencies responsible for the liquidation of such allowances, making false or incomplete declarations, or by amending the assignment given to them by the person or authority designated in accordance with section 29 of the Youth Protection Act of 8 April 1965. »
Art. 3. It is included in Book II, Title VIII, Chapter III, of the same Code, a section VI, entitled "From the use of minors for criminal or criminal purposes".
Art. 4. In section VI, chapter III, title VIII, book II, of the same Code, section 433, repealed by the law of 28 November 2000, is reinstated in the following wording:
"Art. 433. - Subject to the application of section 433quinquies, any person who has, directly or through an intermediary, attracted or used a minor in order to commit, in one of the ways provided for in section 66, a crime or offence, shall be punished by the penalties provided for that crime or offence, the minimum of the deprivation of liberty shall be increased by one month when the maximum sentence of imprisonment is one year,
The minimum penalty under paragraph 1^er is raised again and in the same proportion when:
1° the minor is under the age of sixteen, or
2° the person referred to in paragraph 1^er abuse of the particularly vulnerable position of the minor, or
3° the person referred to in paragraph 1^er, is the father, the mother, another ascendant, the opponent, or any other person having authority over the minor or having custody, or
4° the act of attracting minors or using them for the purpose of committing a crime or offence is an usual activity. »
Art. 5. It is included in Chapter III, Title VIII, Book II, of the same Code, a new section VII, entitled "From Achieving Minor's Privacy".
Art. 6. In section VII, chapter III, title VIII, book II, of the same Code, an article 433bis is inserted, as follows:
"Art. 433bis. - The publication and dissemination by means of books, press, cinematography, radiophony, television or otherwise of the transcript of the proceedings before the youth court, before the investigating judge and before the chambers of the competent court of appeal to decide on the appeal against their decisions, are prohibited.
Only the reasons and procedures of the court decision in public hearing are excepted, subject to the application of paragraph 3.
The publication and dissemination, by any process, of texts, drawings, photographs or images that reveal the identity of a person prosecuted or subject to a measure provided for in sections 37, 38, 39, 43, 49, 52 and 52quater of the Act of 8 April 1965 on the Protection of Youth or in the Law of 1^er March 2002 on the temporary placement of minors who have committed a crime is also prohibited. The same applies to the person who is the subject of a measure taken under the procedure referred to in section 63bis of the Youth Protection Act of 8 April 1965.
The offences under this section are punishable by imprisonment from two months to two years and a fine of three hundred euros to three thousand euros or only one of these penalties. »
Art. 7. An article 505bis, as follows, is inserted in the same Code:
"Those who have received, in whole or in part, things taken away, diverted or obtained from the offence or crime referred to in section 433, shall be punished by the penalties provided for in section 505, paragraph 1^er, whose minimum sentence is imposed in case of imprisonment for three months and in case of a fine of one thousand euros. »
Art. 8. In section 506 of the same Code, the words "recelers designated in the preceding section" are replaced by the words "recelers referred to in sections 505 and 505 bis".
CHAPTER III. - Provisions amending the Youth Protection Act of 8 April 1965
Art. 9. In Article 37, § 4, paragraph 2, of the Law of 8 April 1965 on the Protection of Youth, replaced by the Law of 2 February 1994, the words "80 of this Law" are replaced by the words "433 bis of the Criminal Code".
Art. 10. In section 38, paragraph 2, of the Act, replaced by the Act of 2 February 1994, the words "80 of this Act" are replaced by the words "433 bis of the Criminal Code".
Art. 11. In section 89 of the Act, the words "for offences under sections 71, 80, 81, 82 and 86 of this Act" are replaced by the words "for the offence under section 71 of this Act".
CHAPTER IV. - Abrogatory provisions
Art. 12. In the Youth Protection Act of 8 April 1965, the following sections are repealed:
1° Article 80, amended by the law of 26 June 2000;
2° Article 81, amended by the law of 26 June 2000;
Article 83, amended by the law of 19 January 1990;
Article 85, amended by the law of 19 January 1990 and by the law of 26 June 2000;
5° Article 86;
6° Article 92;
7° Article 93;
8° Article 94;
9° Article 95;
10° Article 96;
11° Article 97;
12th Article 99, and
13th article 100bis, inserted by the law of 30 June 1994.
Art. 13. The Act of 28 May 1888 on the protection of children employed in the ambulance professions is repealed.
CHAPTER V. - Entry into force
Art. 14. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Nice on 10 August 2005.
ALBERT
By the King:
For the Minister of Justice, absent:
Minister of Defence,
A. FLAHAUT
Seal of the state seal:
For the Minister of Justice, absent:
Minister of Defence,
A. FLAHAUT
____
Notes
(1) Session 2004-2005.
House of Representatives documents: 51-1559
Number 1: Bill.
n^bones 2 to 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 21 April 2005.
No. 7: Draft amended by the Senate (without report).
No. 8: Text adopted in plenary and subject to Royal Assent.
Full report: 7 July 2005.
Documents of the Senate: 3-1137
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Text amended by the commission.
No. 5: Text amended by the Senate and referred to the House of Representatives.
Annales of the Senate: June 2, 2005.