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An Act To Amend The Act Of 24 February 1921 Regarding The Traffic Of Poisonous, Soporific, Narcotic, Disinfectant And Antiseptic Substances, And Article 137 Of The Code Of Criminal Investigation (1)

Original Language Title: Loi modifiant la loi du 24 février 1921 concernant le trafic des substances vénéneuses, soporifiques, stupéfiantes, désinfectantes et antiseptiques, et l'article 137 du Code d'instruction criminelle (1)

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4 AVRIL 2003. - An Act to amend the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant and antiseptic substances, and section 137 of the Code of Criminal Procedure (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, amendments
Art. 2. In the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances, an article 2ter is inserted, as follows:
"Art. 2ter . The King may, by order deliberately in the Council of Ministers, according to the distinctions and categories he establishes in accordance with Article 2bis , § 1er, paragraph 1, define the offences which, in derogation from the penalties provided for in article 2bis, shall be punished:
1° of a fine of EUR 15-25 for the first offence;
2° of a fine of EUR 26 to 50 in case of recidivism in the year since the first conviction;
3° of imprisonment for eight days to one month and a fine of EUR 50 to 100 in the event of a new recidivism in the year since the second conviction;
4° of imprisonment from three months to one year, and a fine of EUR 1,000 to EUR 10,000, or one of these penalties only.
In addition to the offences punishable by the penalties referred to in paragraph 1, 4, and by derogation from section 137 of the Code of Criminal Investigation, the correctional courts are aware of offences referred to in paragraph 1, 1° to 3°. »
Art. 3. Section 137 of the Code of Criminal Investigation, as amended by the Act of 10 October 1967, is supplemented by the following paragraph:
"By derogation from paragraph 1erCorrectional courts are aware of contraventions referred to in section 2ter of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances. »
CHAPTER III. - Final provision
Art. 4. This Act comes into force on the day of its publication in 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 4 April 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Minister of Finance,
D. REYNDERS
Minister of Public Health,
J. TAVERNIER
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2001-2002.
House of Representatives.
Parliamentary documents. - Bill No. 50-1889/1.
Session 2002-2003.
House of Representatives.
Parliamentary documents. - Amendments, nbones 50-1889/2 and 3. - Report, number 50-1889/4. - Text adopted by the commission, no. 50-1889/5. - Text adopted in plenary and transmitted to the Senate, No. 50-1889/6.
Full report. 12 and 13 February 2003.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-1474/1. - Report, no. 2-1474/2. - Text corrected by the commission, no. 2-1474/3. - Text adopted in plenary and subject to Royal Assent, No. 2-1474/4.
Annales of the Senate: March 27, 2003.