Posted the: 2005-09-02 Numac: 2005009651 SERVICE PUBLIC FÉDÉRAL JUSTICE 10 August 2005. -Legislation to supplement the criminal protection of minors (1) ALBERT II, King of the Belgians, to all, present and to come, 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 the penal Code art. 2 A article 391bis of the penal Code, inserted by the law of 14 January 1928, replaced by the law of 5 July 1963 and amended by the Act of 31 March 1987, the following subparagraph shall be inserted between paragraphs 4 and 5: "the same penalties shall apply to any person who will have voluntarily impeded guardianship over benefits family or other social benefits. by failing to provide the necessary documents to the bodies responsible for the liquidation of these allowances, by making false or incomplete statements, or by changing the assignment given to them by the person or the authority designated in accordance with article 29 of the Act of 8 April 1965 on the protection of youth. » Art. 3. There shall be inserted into book II, title VIII, chapter III, of the Code, a section VI, entitled "the use of minors for purposes criminal or tort.
S. 4. in section VI, chapter III, title VIII, book II, of the same Code, article 433, repealed by Act of 28 November 2000, is restored in the following wording: «art.» 433 - subject to the application of article 433quinquies, any person who has, directly or through an intermediary, retracting or used a minor to commit, from one of the ways provided for in article 66, a crime or an offence, shall be punished with the penalties provided for the crime or the offence, the minimum of the deprivation of liberty will be high one month when the maximum imprisonment penalty provided is one year two months when it is two years, three months when it is three years, five months when it is five years, and two years if imprisonment in time, and including, where applicable, the minimum amount of the fine will be doubled.
The minimum of the penalty provided for in the paragraph 1 is high again and in the same proportion when: 1 ° the minor is less than sixteen years old or 2 ° the person referred to in paragraph 1 of the abuse of the particularly vulnerable position in the minor, or 3 ° the person referred to in paragraph 1, is the father, the mother another parent, adoptive parent, or other person having authority over the minor or having custody, or 4 ° action to attract minors or to use it to commit a crime or an offence, constitutes a habitual activity.
» Art. 5. it is inserted in chapter III, title VIII, book II, of the same Code, a new section VII, entitled "of invasion of the privacy of the minor.
S. 6. in section VII, chapter III, title VIII, book II, of the same Code, an 433bis article is inserted, worded as follows: «art.» 433bis.-publication and dissemination through books, newspapers, by cinematography, by radio, by television or by any other way, the record of the proceedings before the juvenile court, before Judge training and before the Chambers of the Court of Appeal jurisdiction to pronounce on the appeal introduced against their decisions are prohibited.
Only be excepted the reasons and disposition of the judicial decision pronounced in public hearing, subject to the application of paragraph 3.
The publication and dissemination, by any method, of texts, drawings, photographs or images to reveal the identity of a person prosecuted or is the subject of a measure provided for in articles 37, 38, 39, 43, 49, 52 and 52quater of the Act of 8 April 1965 on the protection of youth or in the Act of 1 March 2002 on the temporary placement of minors who have committed an act classified as offence are also prohibited.
It goes the same for the person who is the subject of a measure taken under the procedure referred to in article 63a of the youth protection act of 8 April 1965.
Violations of this section shall be punished by a prison term of two months to two years and a fine of three hundred to three thousand euros euro or one of those penalties only. » Art. 7. an article 505bis, worded as follows, is inserted in the same Code: "those who will be concealed, in whole or in part, things removed, misappropriated or obtained using the crime or the crime referred to in article 433, shall be punished by the penalties laid down in article 505, paragraph 1, of which the minimum penalty is increased in the case of imprisonment to three months and in the case of thousand euros fine.".
S. 8 article 506 of the same Code, "the receivers designated in the previous article" shall be replaced by the words 'the receivers referred to in articles 505 and 505bis.
CHAPTER III. -Provisions amending Act of 8 April 1965 on the protection of youth arts. 9 article 37, § 4, paragraph 2, of the youth protection act of 8 April 1965, replaced by the Act of 2 February 1994, the words "80 of this Act" are replaced by the words "433bis of the penal Code.
S. 10 article 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 "433bis of the penal Code.
11 section 89 of the Act, the words "offences under articles 71, 80, 81, 82 and 86 of this Act" are replaced by the words "an offence under section 71 of this Act.
CHAPTER IV. -Provisions repealing art. 12. in the youth protection act of 8 April 1965, the following items are repealed: 1 ° article 80, as amended by the Act of June 26, 2000;
2 ° article 81, as amended by the Act of June 26, 2000;
3 ° article 83, as amended by the Act of 19 January 1990;
4 ° article 85, amended by the Act of 19 January 1990 and the Act of June 26, 2000;
5 ° article 86;
(6) article 92;
7 ° article 93;
8 ° article 94;
9 ° article 95;
10 ° article 96;
11 ° article 97;
12 ° article 99, and 13 ° article 100bis, inserted by the law of 30 June 1994.
S. 13. the Act of 28 May 1888 the protection of employed children in itinerant occupations, is repealed.
Chapter V. - Entry into force art.
14. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Nice, August 10, 2005.
ALBERT by the King: for the Minister of Justice, absent: the Minister of defence, A. FLAHAUT sealed with the seal of the State: to the Minister of Justice, absent: the Minister of defence, A. FLAHAUT _ Notes (1) Session 2004-2005.
Records of the House of representatives: 51-1559 No. 1: Bill.
our 2-3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: April 21, 2005.
No. 7: Draft amended by the Senate (not related).
No. 8: Text adopted in plenary meeting and submitted to Royal assent.
Full report: July 7, 2005.
The Senate documents: 3-1137 N ° 1: project referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: The text amended by the commission.
No. 5: The text amended by the Senate and returned to the House of representatives.
Annals of the Senate: June 2, 2005.