belgiquelex.be - Carrefour Bank of Legislation

31 MAY 2005. - An Act to amend the Act of 13 March 1973 on compensation for inoperative pretrial detention, the Act of 20 July 1990 on pretrial detention and certain provisions of 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. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Provisions amending the Code of Criminal Investigation
Art. 2. Section 127 of the Code of Criminal Investigation, replaced by the Act of 12 March 1998, is replaced by the following provision:
"Art. 127. § 1^er. When the examining magistrate determines his or her completion, he shall forward the file to the Crown Prosecutor.
If the King's prosecutor does not require the fulfilment of other duties, he shall take requisitions for the settlement of the proceedings by the Council Chamber.
§ 2. The board's board shall indicate, at least fifteen days in advance, in a special register held in the registry, the place, day and time of the appearance. This period is reduced to three days when one of the accused is in pre-trial detention. The Clerk shall notify, by fax or by registered letter to the position, the accused, the civil party and their counsel, that the record is made available to the Clerk in original or copy, that the Clerk may be aware of it and may withdraw it.
§ 3. The accused and the civil party may apply to the investigating judge, within the time limit set out in § 2, for the performance of complementary acts, in accordance with Article 61quinquies. In this case, the rules of procedure are suspended. When the application has been definitively processed, the case is again set before the board's board according to the forms and deadlines set out in § 2.
§ 4. The board's board decides on the report of the investigating judge, the King's attorney, the civil party and the accused heard.
The parties may be assisted by or represented by counsel. However, the board may order the personal appearance of the parties. This order is not subject to appeal. The order is served on the party that it concerns at the request of the King's Attorney and carries summons to appear on the date fixed. If the said party does not appear, the board's board shall rule and the order shall be deemed contradictory.
When the board's board held the case in deliberation to issue its order, it fixed the day of that pronunciation. »
Art. 3. Section 136bis of the same Code, inserted by the Act of 20 July 1990 and amended by the Act of 12 March 1998, as amended by the Act of 14 January 1999, paragraph 1^er is replaced by the following provision:
"Without prejudice to the application of section 136ter, the King's Attorney reports to the Attorney General of all cases on which the Council Chamber would not have ruled in the year from the first appellant. »
Art. 4. An article 136ter, which reads as follows, is included in Book I, Chapter X, of the same Code:
"Article 136ter. § 1^er. With the exception of the cases referred to in section 22, paragraph 2, of the Act of 20 July 1990 on pre-trial detention, the board of indictments is aware of all cases in which the accused is in pre-trial detention and on which the board's chamber would not have ruled with respect to the settlement of the proceedings within six months of the issuance of the arrest warrant.
To this end, the King's Attorney reports to the Attorney General.
§ 2. At the request of the accused, the Indictment Chamber is aware of cases referred to in section 22, paragraph 2, of the Act of 20 July 1990 on pretrial detention, in which the accused is in pre-trial detention and on which the Council Chamber would not have ruled, with respect to the settlement of the proceedings, within six months of the issuance of the arrest warrant.
§ 3. The Indictment Chamber hears the Attorney General and the investigating judge in his report. It also hears the civil party, the accused and their advice on 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 Indictment Chamber shall verify whether there are substantial evidence of guilt on the part of the accused and whether there are reasons in accordance with Article 16, § 1^erthe Act of 20 July 1990 on preventive detention to maintain detention.
The indictment chamber may take the measures provided for in sections 136, 235 and 235 bis.
§ 4. If the indictment board decides to maintain pre-trial detention, the decision forms a deprivation of liberty for one month from the decision.
However, in the case referred to in article 22, paragraph 2, of the Act of 20 July 1990 on pre-trial detention, the order forms a deprivation of liberty for three months from the decision. "
CHAPTER III. - Provision amending the Act of 13 March 1973
in respect of compensation for inoperative pre-trial detention
Art. 5. In Article 28, § 5, paragraph 1^er, from the Act of 13 March 1973 on compensation in the event of inoperative preventive detention, the words "of the Minister's decision" are replaced by the words "of the notification of the Minister's decision".
CHAPTER IV. - Provisions amending the Act of 20 July 1990
on preventive detention
Art. 6. Section 16 of the Act of 20 July 1990 on preventive detention, as amended by the Acts of 23 January and 10 April 2003, is amended as follows:
1° in § 2, paragraph 1^er, the words "on the facts put to his charge" are replaced by the words "on the facts that are at the basis of the indictment and which may give rise to the issuance of an arrest warrant,"
2° § 2, paragraph 1^er, is completed as follows:
"In the absence of this interrogation, the accused is released. »;
3° § 2, paragraph 2, is completed as follows:
"Without respect for these conditions, the accused is released. »;
4° § 5, paragraph 2, is supplemented as follows:
"In the absence of this information, the accused is released. »;
5° § 6, paragraph 1^er, is completed as follows:
"If the judge fails to sign, the accused is released. »
Art. 7. The following amendments are made to section 22 of the Act:
1° the following paragraph is inserted between paragraphs 1^er and 2:
"However, if the fact for which the board's board is seized is a fact for which section 2 of the Act of 4 October 1867 on mitigating circumstances is not applicable, the board's board is required to rule, from three months to three months, on the maintenance of detention. In this case, the pre-trial detention order is valid for three months from the day it is rendered. »;
2° the article is supplemented by the following paragraph:
"When an order is made pursuant to paragraph 2, the record is made available from months to months, for two days, to the accused and his counsel.
The Clerk shall give notice by fax or by registered letter to La Poste. Provision may be made in the form of certified copies in accordance with the Clerk. »
Art. 8. An article 22bis, as follows, is inserted in the same law:
"Art. 22bis. Where a pre-trial detention order is made pursuant to section 22, paragraph 2, or pursuant to section 136 ter, § 4, of the Code of Criminal Investigation, the release of the order may be granted upon request to the board of the accused.
The application may be filed from month to month and for the first time not earlier than five days before the expiration of the period of one month, from the order made under section 22, paragraph 2, or pursuant to section 136ter, § 4, of the Code of Criminal Investigation. Requests filed after the expiration of this one-month period are rejected as not admissible.
The request is registered in the register referred to in Article 21, § 2.
The file is made available for two days to the accused and his counsel before appearing before the board. The Clerk shall give notice by fax or by registered letter to the post. This provision may be made in the form of certified copies in accordance with the Clerk.
It is decided on the request within five days of its filing, the public ministry, the interested person and his counsel heard, the latter being notified in accordance with Article 21, § 2.
If the request is not adjudicated within five days, which may be extended in accordance with section 32, the person concerned shall be released.
If it decides that the detention must be maintained, the board's board shall justify its order as provided for in article 16, § 5, paragraph 1^er and 2.
The pre-trial detention order is valid for three months from the day it is rendered. »
Art. 9. In section 23 of the Act, the words "sections 21 and 22" are replaced by the words "sections 21, 22 and 22 bis".
Art. 10. Article 24, paragraph 1^er, of the same law, as amended by the law of January 23, 2003, the number ", 25" is deleted.
Art. 11. Article 25, § 2, of the Act is replaced by the following provision:
Ҥ2. After the decision of the board chamber referred to in section 21, the investigating judge may, in the course of the investigation, issue the warrant with a reasoned order that he immediately communicates to the Crown Prosecutor.
This order is not subject to appeal.
The King's Prosecutor may also request the release of the arrest warrant at any time by the investigating judge. »
Art. 12. In section 30 of the Act, as amended by the Acts of 11 July 1994 and 12 March 1998, the following amendments are made:
1° to § 1^erthe number ", 25" is deleted;
2° in § 1^er, the number ", 22bis" is inserted between the number "22" and the words " and 28. »;
3° § 3, paragraph 3, is repealed;
4° to § 4, paragraph 1^erthe number ", 25" is deleted;
5° in § 4, paragraph 1^er, the number ", 22bis" is inserted between the number "22" and the words " and 28,";
6° in § 4, paragraph 1^erthe words "15 days" are replaced by the words "one month";
7° § 4, paragraph 1^er, is completed as follows:
", or for three months from the decision, if the order referred to in sections 22, paragraph 2, and 22 bis is appealed. »
Art. 13. In article 31, § 4, paragraph 3, of the same law, the words "15 days" are replaced by the words "one month".
Art. 14. Article 36, § 1^erParagraph 2 of the Act is replaced by the provision:
"The decision to extend the conditions shall be taken before the expiry of the time determined by the investigating judge in accordance with Article 35, § 1^er. Otherwise, the conditions are null and void. These conditions may be extended for the period it determines and for a maximum of three months. »
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 31 May 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004.
House of Representatives.
Documents. - Bill, 51-1317. - No. 1.
Session 2004-2005.
House of Representatives.
Documents. - Amendments, 51-1317. - Numbers 2 to 4. - Report, 51-1317. - No. 5. - Text adopted by the Commission, 51-1317. Amendments, 51-1317. - Numbers 7 to 8. - Supplementary report, 51-1317. - No. 9. - Text adopted by the Commission, 51-1317. - No. 10. Text adopted in plenary and transmitted to the Senate, 51-1317 - No. 11.
Full report: 17 March 2005.
Senate.
Documents. - Project referred to by the Senate, 3-1100. - Report, 3-1100. - No. 2. - Decision not to amend, 3-1100. - No. 3.
Annales of the Senate: April 21, 2005.