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Law On The Vertical Integration Of The Crown (1)

Original Language Title: Loi portant intégration verticale du ministère public (1)

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12 AVRIL 2004. - Public Prosecution Service Vertical Integration Act (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Provisions amending the Judicial Code
Art. 2. The following amendments are made to section 138 of the Judicial Code:
1° the following paragraphs are inserted between paragraph 1er and paragraph 2:
"In each court of appeal, the Attorney General, the King's Attorneys and the Labour Auditors shall ensure, in a concerted manner, the consistent and integrated exercise of public action. To this end, the Attorney General shall, at least once a quarter, bring together the King's prosecutors. It also brings together, as appropriate, the auditors of work.
Except as provided by the law of June 25, 1998 regulating the criminal responsibility of ministers and by the special law of June 25, 1998 regulating the criminal responsibility of members of community and regional governments, as well as by sections 479 to 503bis of the Code of Criminal Investigation, the functions of the Public Prosecutor's Office to the Correctional Chambers of the Court of Appeal, the Chamber of indictments and the Court of Appeals may be exercised, The magistrate exercises these functions under the direction and supervision of the Attorney General.
The functions of the Public Prosecutor's Office in the Correctional Court may be exercised, as the case may be, by a Public Prosecutor's Office at the Court of Appeal or the Auditor General of Labour, with the consent, as the case may be, of the Crown Prosecutor or the Labour Auditor and of the Attorney General at the Court of Appeal. The magistrate exercises these functions under the supervision and supervision of the Crown Prosecutor or the Labour Auditor.
The provisions of paragraphs 3 and 4 are applicable to proceedings before the youth court and the youth court of the court of appeal against persons prosecuted because of an offence committed before the age of eighteen years. »;
2° in paragraph 2, which becomes paragraph 6, the word "he" is replaced by the words "the public prosecutor".
Art. 3. Article 143, § 2, paragraph 1erthe same Code, as amended by the Act of 21 June 2001, is replaced as follows:
"Without prejudice to section 138, paragraphs 3 and 4, the Attorney General at the Court of Appeal shall, under the authority of the Minister of Justice and the intervention of the Minister who has the Work in his or her powers, carry out all functions of the Public Prosecutor's Office at the Court of Appeal, the Labour Court and the courts of his or her jurisdiction. »
Art. 4. The following amendments are made to section 143bis of the Code:
1° in § 1erinserted by the Act of 4 March 1997 and amended by the Act of 21 June 2001, the words "under their supervision and direction" are replaced by the words "under their authority or supervision and direction";
2° § 3, inserted by the law of 4 March 1997 and amended by the law of 22 December 1998, is supplemented by the following paragraphs:
"The College of Attorneys General may establish, in the materials it determines, networks of expertise consisting of federal prosecutors, public prosecutors, Crown prosecutors' offices, labour auditors, labour auditors and, where applicable, other experts.
The modalities for the organization and operation of the networks of expertise are determined by the General Prosecutors' College in consultation with the King's Attorneys' Council or the Labour Auditors' Council.
The appointment of a magistrate of the public ministry in a network of expertise is subject to the agreement of the head of the body to which the judge belongs.
These networks, under the authority of the College of Attorneys General and under the direction and supervision of the specially designated Attorney General, promote the circulation of information and documentation among members of the Public Prosecutor's Office. They may also be tasked by the college with any support mission for the exercise of the skills of the college. »
Art. 5. An article 146bis, as follows, is inserted in the same Code:
"Art.146bis. Attorneys General at the appeals courts are responsible for ensuring consistent implementation and coordination under their leadership of criminal policy.
To this end, they give general instructions that are binding on all members of the Public Prosecution Service of their jurisdiction. They may also give the same purpose instructions regarding the exercise of public action in specific cases. These instructions shall be in accordance with the directives of the General Prosecutors' College pursuant to Article 143bis, § 2, paragraph 1erand the directives of the Minister of Justice provided for in Article 143ter. »
Art. 6. An article 146ter, as follows, is inserted in the same Code:
"Art. 146ter. The Attorneys General, the King's Attorneys and the auditors of the work of their jurisdiction shall, in consultation, ensure the quality of the organization and operation of the Prosecutor's Office and the Labour Auditors. »
Art. 7. An article 146quater, as follows, is inserted in the same Code:
"Art. 146quater. Without prejudice to the application of section 143bis, the Attorney General's Offices at the appeals courses provide the Prosecution Service and the Labour Auditors with the necessary support for the public action.
For this purpose, each Attorney General may designate within the Attorney General's Office or the Auditor General of the Magistrates in particular a permanent mission of information, documentation and advice in one or more specific areas. »
Art. 8. Section 150, paragraph 2, of the same Code is replaced as follows:
"Without prejudice to the application of the provisions of Article 138, paragraphs 3 to 5, he shall perform under the authority of the Attorney General, the functions of the Public Prosecutor's Office at the Borough Court, near the Court of First Instance, near the Commercial Court and near the Police Courts of the Borough. With respect to public action, the authority of the Attorney General shall be exercised in the cases and in the manner provided for in sections 146bis and 146ter. »
Art. 9. Section 152 of the Code is replaced as follows:
"Art. 152. There is a labour auditor at the headquarters of each labour court.
Without prejudice to the application of section 138, paragraphs 3 to 5, he shall, under the authority of the Attorney General, exercise the function of the Public Prosecutor. With respect to the exercise of public action, the authority of the Attorney General shall be exercised in the cases and in the manner provided for in sections 146bis and 146ter. »
Art. 10. An article 152bis, as follows, is inserted in the same Code:
"Art. 152bis. The auditors of the work together form a board called the Labour Auditors' Council. The federal prosecutor can attend board meetings.
The Labour Auditors' Board is responsible for providing advice, initiative or at its request to the General Prosecutors' College on the harmonization and uniform application of the provisions and any matters related to the work auditors' missions.
The board shall designate, at each time for the duration of a judicial year, a president, and a vice-president from another language regime, who shall replace the president in the event of absence or incapacity.
The King approves the rules of procedure of the Labour Auditors' Council, on the proposal of the Council and after the advice of the General Prosecutors' College.
The Board meets at least once a quarter, initiative or at the request of the Attorney General's College.
The agenda and reports of meetings and notices are forwarded to the Minister of Justice, the Attorney General's College, the Federal Prosecutor and Council members. »
Art. 11. Section 155 of the same Code, as amended by the Act of 3 August 1992, is replaced as follows:
"Without prejudice to the application of the provisions of Article 138, paragraphs 3 to 5, the public action of the head of an offence to the laws and regulations in one of the matters that are within the jurisdiction of the labour courts, is exercised before the police courts and the courts of first instance by the members of the labour auditory, and before the courts of appeal, by the members of the general auditory of the work.
In the event of competition or connexity of such offences with one or more offences against other legal provisions that are not within the jurisdiction of the labour courts, the Attorney General shall designate the Crown Prosecutor's Office or the Labour Auditor and, where appropriate, the Attorney General's Office or the Auditor General of the Labour who is competent to exercise public action, without prejudice to the application of section 149. »
Art. 12. Section 326 of the Code, as amended by the Acts of 28 December 1990 and 21 June 2001, is replaced by the following provision:
"Art. 326. § 1er. The Attorney General near the Court of Appeal delegates the deputys of the King's Prosecutor of Supplement as well as the deputys of the auditor of the additional work to temporarily perform their duties in the prosecutor's offices of the King or in the auditors of the work of his jurisdiction according to the needs of the service.
§ 2. When warranted by the service, the Attorney General near the Court of Appeal may delegate:
1° a judge of the Attorney General ' s Office to temporarily perform the functions of the Public Prosecutor ' s Office in the general auditorship of work, in a public prosecutor ' s office or in a court office;
2° a judge of the general auditory of the work to temporarily perform the functions of the public prosecutor's office in the public prosecutor's office, in a public prosecutor's office or in a court office;
3° a magistrate of a prosecutor's office of the King of his jurisdiction to temporarily perform the functions of the public prosecutor's office in the public prosecutor's office, in the general auditorship of the work, in another prosecutor's office of the King or in a labour auditorate of the same jurisdiction;
4° a magistrate of an auditorate of the work of his office to temporarily perform the functions of the public prosecutor's office in the public prosecutor's office, in the general auditory of the work, in another auditorate of the work or in a prosecutor's office of the King of the same jurisdiction.
The delegation was decided in accordance with the advice of the heads of bodies concerned.
§ 3. The Attorney General near the Court of Appeal may, in his jurisdiction, designate one or more magistrates of the Attorney General, the Auditor General of Labour or, in consultation with the Crown Prosecutor or the Auditor of Labour, one or more magistrates of the Prosecutor's Office of the King or the Labour Auditor, to whom the Federal Prosecutor or the Minister of Justice may appeal by priority pursuant to article 144bis 1 § 3,er and 2.
§ 4. When the necessities of the service warrant, the Minister of Justice may delegate:
1° a magistrate of the public prosecutor's office near a court of appeal to temporarily perform the functions of the public prosecutor's office at the public prosecutor's office near another court of appeal, at the general auditory of the work of another court, or in a prosecutor's office or an auditorate of the work of another court;
2° a magistrate of a General Labour Auditorate to temporarily perform the functions of the Public Prosecutor's Office in another General Labour Auditor, at the General Prosecutor's Office, at a Court of Appeal of another jurisdiction, or at a Labour Auditor's Office or a Prosecutor's Office of the King of another jurisdiction;
3° a magistrate of a prosecutor's office of the King to temporarily perform the functions of the public prosecutor's office either at the public prosecutor's office near a court of appeal or at the general auditory of the work of another court, either in a prosecutor's office of the King or an auditorate of the work of another court;
4° a magistrate of a labour auditorate to temporarily perform the functions of the public prosecutor's office, either at the public prosecutor's office near a court of appeal or at the general auditory of the work of another jurisdiction, or at a labour auditorate or a prosecutor's office of the King of another jurisdiction.
In the cases provided for in this paragraph, the designation shall be given in accordance with the respective body heads.
§ 5. The Minister of Justice may, on a proposal in accordance with the first President of the Court of Cassation and the Attorney General of the Court, delegate magistrates of courts and tribunals to perform functions within the department of documentation and consistency of texts with the Court of Cassation. The duration of the delegation may not exceed six years.
§ 6. The decision of delegation made under §§ 2 and 4 and the decision of designation made under § 3 indicate the reasons that make this measure indispensable in relation to the needs of the service. These decisions also specify the modalities of the delegation or designation.
§ 7. In the cases referred to in §§ 2, 4 and 5, the delegation of the magistrate may only take place with his consent. In the event that, by failing this consent, the continuity of public service is manifestly at risk, the Attorney General, for the delegation provided for in § 2, and the Minister of Justice, for the delegations provided for in §§ 4 and 5, may, on an additional basis, decide on the delegation without the consent of the judge concerned.
CHAPTER III. - Final provision
Art. 13. Sections 2, 3, 7, 8, 10, 11, 13, 14, 15 and 16 of the Act of 22 December 1998 on vertical integration of the Public Prosecutor's Office, the Federal Public Prosecutor's Office and the King's Attorneys' Council are repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 12, 2004.
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 2003-2004.
House of Representatives
Parliamentary documents. - Bill, 51-613 - No. 1. - Amendments, 51-613 - No. 2. - Report, 51-613 - No. 3. - Text adopted by the commission, 51-613 - No. 4. - Text adopted in plenary and transmitted to the Senate, 51-613 - No. 5.
Full report. - 4 March 2004.
Senate
Parliamentary documents. - Project transmitted by the Chamber, 3-541 - No. 1. - Amendments, 3-541 - No. 2. - Report, 3-541 - No. 3. - Text adopted in plenary and subject to Royal Assent, 3-541 - No. 4.
Annales of the Senate. - 18 March 2004.