19 DECEMBER 2003. - Terrorist Offences Act

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. It is inserted in Book II of the Criminal Code a Title I^erter, including articles 137 to 141ter, entitled:
« Title Iter . - Terrorist offences."
Art. 3. An article 137, as follows, is inserted in Part I^erter of Book II of the same Code:
"Art. 137. § 1^er. Constitutes a terrorist offence, the offence provided for in §§ 2 and 3 which, by its nature or context, may seriously affect a country or an international organization and is committed intentionally in order to seriously intimidate a population or to force unduly public authorities or an international organization to perform or refrain from carrying out an act, or to severely destabilize or destroy fundamental structures
§ 2. Constitutes, subject to the conditions laid down in § 1^era terrorist offence:
1° the voluntary homicide or the intentional injury referred to in articles 393 to 404, 405bis, 405ter to the extent that it refers to the aforementioned articles, 409, § 1^erParagraph 1^er§§ 2 to 5, 410 to the extent that it refers to the aforementioned articles, 417ter and 417quater;
2° the hostage taking referred to in Article 347bis;
3° the abduction referred to in sections 428 to 430, and 434 to 437;
4° mass destruction or degradation referred to in articles 521, paragraph 1^er and 3, 522, 523, 525, 526, 550bis, § 3, 3°, to Article 15 of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries, as well as Article 114, § 4 of the Act of 21 March 1991 on the reform of certain economic public enterprises, having the effect of endangering human lives or producing considerable economic losses;
5° the capture of aircraft referred to in Article 30, § 1^er2°, of the Act of 27 June 1937 revising the Act of 16 November 1919 concerning the regulation of air navigation;
6° the fraud, violence or threats to the master of a vessel referred to in section 33 of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries;
7° the offences referred to in the Royal Decree of 23 September 1958 concerning the general regulation on the manufacture, storage, possession, flow, transport and use of explosives, as amended by the Royal Decree of 1^er February 2000, and punished by articles 5 to 7 of the Act of 28 May 1956 on explosive or deflagrated substances and mixtures and their equipment;
8° the offences referred to in sections 510 to 513, 516 to 518, 520, 547 to 549, and section 14 of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries, having the effect of endangering human lives;
9° the offences referred to in the Act of 3 January 1933 concerning the manufacture, trade and port of arms and the trade of ammunition;
10° the offences referred to in article 2, paragraph 1, 2°, of the Act of 10 July 1978 approving the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, made in London, Moscow and Washington on 10 April 1972.
§ 3. Constitutes also, subject to the conditions laid down in § 1^era terrorist offence:
1° mass destruction or degradation, or provocation of flooding of infrastructure, transportation system, public or private property, having the effect of endangering human lives or producing significant economic losses, other than those referred to in § 2;
2° the capture of other means of transport than those referred to in 5° and 6° of § 2;
3° the manufacture, possession, acquisition, transport or supply of nuclear or chemical weapons, the use of nuclear, biological or chemical weapons, and the research and development of chemical weapons;
4° the release of dangerous substances that have the effect of endangering human lives;
5° the disruption or interruption of the supply of water, electricity or any other fundamental natural resource that has the effect of endangering human lives;
6° the threat of carrying out one of the offences listed in § 2 or in this paragraph. »
Art. 4. An article 138, as follows, is inserted in the same Title:
"Art. 138. § 1^er. The penalties for the offences listed in section 137, § 2, are replaced as follows, if these offences constitute terrorist offences:
1 the fine, by imprisonment from one year to three years;
2° the penalty of imprisonment for not more than six months, by imprisonment for not more than three years;
3° the penalty of imprisonment for not more than one year, by imprisonment for not more than three years;
4° the term of imprisonment of not more than three years, by imprisonment of not more than five years;
5° the penalty of imprisonment not more than five years, by imprisonment from five years to ten years;
6° the imprisonment of five years to ten years, by the imprisonment of ten years to fifteen years;
7° the imprisonment of ten years to fifteen years, by the imprisonment of fifteen years to twenty years;
8° 10 to 20 years ' imprisonment by 15 to 20 years ' imprisonment;
9° the imprisonment of fifteen years to twenty years, by the imprisonment of twenty years to thirty years;
10° the imprisonment of twenty years to thirty years, by life imprisonment.
§ 2. The terrorist offences referred to in Article 137, § 3, shall be punished by:
1° in the case referred to in 6°, imprisonment from three months to five years when the threat relates to an offence punishable by a correctional penalty, and imprisonment from five years to ten years when the threat relates to an offence punishable by a criminal offence;
2° the imprisonment of fifteen years to twenty years in the cases referred to in 1°, 2° and 5°;
3° life imprisonment in cases covered by 3° and 4°. »
Art. 5. An article 139, as follows, is inserted in the same Title:
"Art. 139. Constitutes a terrorist group the structured association of more than two people, established in time, and acting in a concerted manner to commit terrorist offences referred to in Article 137.
An organization whose real purpose is exclusively political, trade union, philanthropic, philosophical or religious or that pursues exclusively any other legitimate purpose cannot, as such, be considered a terrorist group within the meaning of paragraph 1^er. »
Art. 6. An article 140, as follows, is inserted in the same Title:
"Art. 140. § 1^er. Any person who participates in an activity of a terrorist group, including by providing information or material means to the terrorist group, or by any form of financing of an activity of the terrorist group, knowing that such participation contributes to the commission of a crime or offence of the terrorist group, will be punished by the imprisonment of five years to ten years and a fine of one hundred euros to five thousand euros.
§ 2. Any leader of the terrorist group is liable to imprisonment from fifteen years to twenty years and to a fine of one thousand euros to two hundred thousand euros. »
Art. 7. An article 141, as follows, is inserted in the same Title:
"Art. 141. Any person who, apart from the cases provided for in section 140, provides material means, including financial assistance, for the commission of a terrorist offence referred to in section 137, shall be punished by imprisonment from five years to ten years and a fine of one hundred euros to five thousand euros. »
Art. 8. An article 141bis, as follows, is inserted in the same Title:
"Art. 141bis . This title does not apply to the activities of the armed forces in times of armed conflict, as defined and governed by international humanitarian law, or to the activities of the armed forces of a State in the performance of their official duties, provided that they are governed by other rules of international law. »
Art. 9. An article 141ter, as follows, is inserted in the same Title:
"Art. 141ter . No provision of this Title may be construed as intended to reduce or impede fundamental rights or freedoms such as the right to strike, freedom of assembly, association or expression, including the right to form with other trade unions and to join in for the defence of their interests, and the right to demonstrate who is attached to it, as enshrined in articles 8 to 11 of the European Convention for the Protection of Human Rights. »
Art. 10. In Book II, Title II, of the same Code, the title "Chapter I^er. - Crimes relating to the exercise of political rights" is repealed.
Art. 11. The title of Book II, Part II, Chapter II, of the same Code is replaced as follows:
“Chapter I^er. - Crimes relating to the free exercise of worship."
Art. 12. The title of Book II, Part II, Chapter III, of the same Code is replaced as follows:
“Chapter II. - Violations of the rights guaranteed by the Constitution by public officials."
Art. 13. It is inserted in section 6 of the Act of 17 April 1878, as amended by the Acts of 4 August 1914, 12 July 1932, 4 April 2001 and 5 August 2003, containing the Preliminary Title of the Code of Criminal Procedure, between 1°bis and 2°, 1°ter, as follows:
"1°ter of a terrorist offence referred to in Book II, Title Iter, of the Criminal Code. »
Art. 14. Section 10ter of the Act, inserted by the Act of 28 November 2000, is supplemented as follows:
"4° one of the offences provided for in Articles 137, 140 and 141 of the Criminal Code committed against a Belgian national or institution, or against an institution of the European Union or an organization created in accordance with the Treaty establishing the European Community or the Treaty on the European Union and which has its seat in the Kingdom. »
Art. 15. In article 90ter, § 2, of the Code of Criminal Investigation, inserted by the law of 30 June 1994 and amended by the laws of 7 and 13 April 1995, 10 June 1998, 28 November 2000, 29 November and 11 December 2001, 7 July 2002, 6 January and 5 August 2003, the 1st to 1°s are replaced as follows:
« 1°ter to articles 137, 140 and 141 of the same Code;
1°quater to section 210bis of the same Code;
1° in articles 246, 247, 248, 249, 250 and 251 of the same Code;
1°sexies to article 259bis of the same Code;
1°septies to article 314bis of the same Code;
1°octies to articles 324bis and 324ter of the same Code. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 December 2003.
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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Note
(1) House of Representatives.
Parliamentary documents. - Bill, 51-258, No. 1 - Amendments, 51-258, No. 2 - Amendments, 51-258, No. 3 - Report made on behalf of the Committee, 51-258, No. 4 - Text adopted by the Committee, 51-258, No. 5 - Text adopted in plenary meeting and transmitted to the Senate, 51-258, No. 6.
Annales parlementaire . - Discussion and adoption. Session of November 13, 2003.
Senate.
Parliamentary documents. - Project referred to by the Senate, 3-332, No. 1 - Amendments, 3-332, No. 2 - Report made on behalf of the Committee, 3-332, No. 3 - Text amended by the Committee, 3-332, No. 4 - Text amended by the Senate and referred to the House, 3-332, No. 5.
Annales parliamentarians. - Discussion and adoption. Session of 5 December 2003.
House of Representatives.
Parliamentary documents. - Draft amended by the Senate, 51-258, No. 7 - Text adopted in plenary and subject to Royal Assent, 51-258, No. 8.
Annales parliamentarians. - Discussion and adoption. Session of December 11, 2003.