22 June 2005. - An Act to introduce mediation provisions in the Preliminary Title of the Code of Criminal Procedure and the Code of Criminal Investigation (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. - Provision amending the Preliminary Title of the Code of Criminal Procedure
Art. 2. An article 3 ter, as follows, is inserted in the Preliminary Title of the Code of Criminal Procedure:
"The possibility of recourse to mediation is offered to persons with direct interest in judicial proceedings, in accordance with the relevant legal provisions.
Mediation is a process that allows people in conflict to participate actively, if they freely and in full confidentiality, in resolving the difficulties arising from an offence, with the help of a neutral third party based on a specific methodology. Its purpose is to facilitate communication and to help the parties to reach agreement on the terms and conditions for ease and repair. »
CHAPTER III. - Provisions amending the Code of Criminal Investigation
Art. 3. Section 163 of the Code of Criminal Investigation, replaced by the Act of 27 April 1987 and amended by the Act of 7 February 2003, is supplemented by the following paragraph:
"If elements of mediation are brought to the attention of the judge in accordance with Article 555 § 1^er, it is mentioned in the judgment. The judge may take this into account and mention it, if any, in the judgment. »
Art. 4. In section 195 of the same Code, replaced by the Act of 27 April 1987 and amended by the Act of 24 December 1993, a paragraph four is inserted, as follows:
"If elements of mediation are brought to the attention of the judge in accordance with Article 555 § 1^er, it is mentioned in the judgment. The judge may take this into account and mention it, if any, in the judgment. »
Art. 5. In Book II of the same Code, title VI, repealed by the Act of 10 July 1967, is reinstated in the following wording:
« Title VI. - Mediation."
Art. 6. In Book II, Title VI, of the same Code, section 553, repealed by the Act of 10 July 1967, is reinstated in the following wording:
“Article 553. § 1^er. Subject to section 216ter of this Code, any person who has a direct interest may, in each phase of the criminal procedure and the execution of the sentence, make a request for mediation.
§ 2. The Public Prosecutor's Office, the investigating judge, the investigating courts and the judge shall ensure that the parties involved in judicial proceedings are informed of the possibility of seeking mediation. As long as they feel it appropriate in concrete files, they can themselves propose mediation to the parties.
§ 3. The request for mediation is addressed to a service referred to in Article 554, § 1^er.
This service may inform the King's prosecutor of the application and may request permission to read the file.
§ 4. The parties may be assisted by a lawyer during mediation. »
Art. 7. In Book II, Title VI, of the same Code, section 554, repealed by the Act of 10 July 1967, is reinstated in the following wording:
“Article 554. § 1^er. The mediators are part of a service that offers mediation and is approved by the Minister of Justice. The criteria for accreditation are set by the King by order deliberately in the Council of Ministers and relate to the legal personality of the service, its activities, its multidisciplinary composition and the obligation to provide adequate training and specialized support. In addition, the King sets out by order deliberately in the Council of Ministers the procedures for granting, suspension and withdrawal of approval as well as the organization of financing of these services.
§ 2. It is established with the Federal Public Service Justice a "deontological mediation committee" for these services. The purpose of this commission is to develop and update a code of ethics in mediation and to monitor ethical issues. The commission consists of twelve members appointed on the basis of their knowledge and experience in the matter. The King sets by decree deliberately in the Council of Ministers the rules concerning the composition and functioning of the commission. The composition respects linguistic parity. »
Art. 8. In Book II, Title VI, of the same Code, section 555, repealed by the Act of 10 July 1967, is reinstated in the following wording:
“Article 555. § 1^er. The established documents and communications made in the context of an intervention by a mediator are confidential, with the exception of what the parties agree to bring to the attention of the judicial authorities. They may not be used in criminal, civil, administrative or arbitral proceedings or in any other dispute resolution proceedings and are not admissible as evidence, even as an extrajudicial confession.
§ 2. Confidential documents that are nevertheless disclosed or on which a party is based in violation of the obligation of secrecy are deviated from the proceedings.
§ 3. Without prejudice to the obligations imposed by the law, the mediator cannot make public the facts of his or her office. He cannot be called as a witness in criminal, civil, administrative or arbitral proceedings or in any other proceedings relating to the facts before him during a mediation.
Section 458 of the Criminal Code applies to the mediator. »
CHAPTER IV. - Entry into force
Art. 9. The King shall determine the effective date of this Act. This Act shall be held no later than the last day of the sixth month following the publication of this Act to the Belgian Monitor.
By derogation from the previous paragraph, Article 9 comes into force on the day of the publication of the law to 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 Brussels on 22 June 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
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Notes
(1) Session 2004-2005.
House of Representatives documents: 51-1562
Number 1: Bill.
No. 2: Amendment.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 4 May 2005.
Documents of the Senate: 3-1184
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Decision not to amend
Annales of the Senate: June 9, 2005.