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10 AVRIL 2003. - Law regulating the suppression of military courts in peacetime and their maintenance in wartime (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
Members adopted and sanctioned the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART II
Organization of military courts in time of war
CHAPTER I^er. - General provisions
Art. 2. The time of war shall be set in accordance with Article 2 of the Act of 20 May 1994 on the implementation of the armed forces, the condition and the periods and positions in which the member may be present.
Art. 3. For wartime, there are permanent military courts and a military court whose seat and jurisdiction are fixed by the King. The permanent military courts and the Military Court are installed on the date fixed by the Royal Decree for the mobilization of the army. If necessary, the King may modify the seat and jurisdiction of these courts.
The King may also institute military courts in a campaign accompanying the fractions of the army determined by him. Extraordinary military courts may also be established in the cases and in the manner specified in Article 17.
Art. 4. § 1^er. No magistrate of the seat may be appointed as president of the Military Court or of a military court, as president of an effective or alternate chamber of a military court or of the Military Court, as judge of actual or alternate instruction if he has not previously been appointed as a reserve magistrate for wartime.
No magistrate of the Public Prosecutor ' s Office may be appointed effective or alternate magistrate of the Public Prosecutor ' s Office to a military court or the Military Court, if he has not previously been appointed a reserve magistrate for wartime.
The King designates reserve magistrates among civil magistrates for a renewable nine-year period.
The designations that expire in time of war shall be extended ex officio.
§ 2. No magistrate may be appointed as a reserve magistrate if he is not a member of a military patent issued by the Ministry of Defence for less than five years. The patent in military techniques attests that the magistrate has undergone basic military training in accordance with the procedures established by the Minister of Defence.
The patent in military technology remains valid as long as its holder can provide an attestation issued by the Ministry of Defence to those who have completed the five-year retraining courses.
§ 3. The King also designates a doctor or legal officer who may be required to perform the duties assigned by this Act to the magistrates, provided that they have a legal experience of a minimum of 3 years and have a patent in military techniques or the certificate provided for in § 2, paragraph 2, which has been granted for less than 5 years by the Ministry of Defence.
A doctor or a law graduate may only be appealed when exceptional circumstances prevent the appointment of a reserve magistrate.
§ 4. Simultaneously with the adoption of the Royal Decree for the Mobilization of the Army, the Minister of Justice designates, as appropriate, the reserve magistrates and doctors or dismissed in reserve law who are required to perform duties in military courts or in the Military Court. The drawing of lots, organized by the Minister of Justice, determines which reserve magistrates are required to serve as an effective member and those required to serve as an alternate member.
If necessary, designations may intervene after the adoption of the Royal Decree for the mobilization of the army. An ex officio appointment may be made for the magistrates of the Public Prosecutor's Office.
The Minister of Justice puts an end to the designations as the activity of the military courts was reduced.
§ 5. The Auditor General may, if necessary, designate magistrates as a reserve for the public prosecutor to accompany troops abroad.
Art. 5. No person may be appointed to perform functions, as an employee or alternate, at the office of the Military Court or at the office of a military court if he or she has not previously been appointed a member of a reserve court for wartime.
The members of the Wartime Reserve Registry are appointed by the King for a period of nine years renewable, among the Chief Clerks, Chief Clerks, Clerks, Assistant Clerks, Editors or Registry Employees.
The designations that expire in time of war shall be extended ex officio.
Simultaneously with the adoption of the Royal Order for the Mobilization of the Army, the Minister of Justice designates, as appropriate, members of the Reserve Registry to perform the functions of Registrar or Registry Staff in a Military Court or the Military Court respectively. The drawing of lots, organized by the Minister of Justice, determines which members of the reserve registry are required to serve as an effective member and those required to serve as an alternate member.
If necessary, designations may intervene ex officio or after the adoption of the Royal Decree for the mobilization of the army. No person shall be designated a member of a reserve registry if he is not a member of the patent in military techniques or of the certificate provided for in Article 4, § 2, which has been granted for less than five years by the Ministry of Defence.
The Minister of Justice puts an end to the designations as the activity of the military courts was reduced.
Art. 6. No person may be appointed to serve as an officer or alternate member of the Auditorate Prosecutor ' s Office at a Military Court or the General Auditorate Prosecutor ' s Office Secretariat at the Military Court if he has not previously been appointed a member of a reserve prosecutor ' s office for wartime.
The members of the reserve prosecutors ' offices for the wartime are appointed by the King for a period of nine years renewable, among the chief secretaries, the chief secretaries, the secretaries, the assistant secretaries, the translators, the editors and the employees. The designations that expire in time of war shall be extended ex officio.
Simultaneously with the adoption of the Royal Decree for the mobilization of the army, the Minister of Justice designates, as appropriate, the members of the reserve prosecutor's secretariat to perform functions, respectively, at the auditorate prosecutor's office near a military court or the prosecutor's office near the general auditory of the Military Court. The drawing of lots, organized by the Minister of Justice, determines which members of the reserve prosecutor ' s secretariat are required to serve as an effective member and those required to serve as an alternate member.
If necessary, designations may intervene either ex officio or after the adoption of the Royal Decree for the mobilization of the army. No person may be appointed to a reserve prosecutor's office if he is not a member of the patent in military techniques or of the certificate provided for in Article 4, § 2, which has been granted for less than five years by the Ministry of Defence.
The Minister of Justice puts an end to the designations as the activity of the military courts was reduced.
Art. 7. Subject to the application of the provisions of this Act, the provisions of the Judicial Code regulating the status of magistrates, clerks, secretaries and staff of the court offices and prosecutors are applicable in time of war.
Reserve magistrates, members of reserve registry offices and members of reserve prosecutors ' offices who actually perform functions in a military court or the Military Court shall retain their remuneration.
Those who are delegated to perform higher duties are entitled to the salaries and allowances attached to the functions they perform by delegation if they are higher.
Doctors or law graduates appointed to serve as a magistrate shall be treated as a basic treatment, as defined in article 355 of the Judicial Code, for the magistrate of the seat or the public ministry of which they serve. Article 365, § 1^erParagraphs 1^er and 2, the Judicial Code is applicable to them by analogy.
CHAPTER II. - Military courts
Section 1^re. - From the seat
Sub-section 1^re. - Permanent military courts
Art. 8. The permanent military courts are composed of a French Chamber, a Dutch Chamber, a German Chamber and a Council Chamber.
Apart from the board room, the rooms are composed:
1° of a judge or, in the case referred to in Article 4, § 3, paragraph 2, of a doctor or terminated in reserve law other than a member who presides over the board;
2° of a senior officer, assessor;
3° of a junior officer with at least the rank of captain, assessor.
Art. 9. The board shall be composed of a single judge or, in the case referred to in Article 4, § 3, paragraph 2, of a doctor or licensed in the right of reservation knowing the language of the accused.
Art. 10. The King shall designate for each military court an examining magistrate among the reserve judges or, in the case referred to in Article 4, § 3, paragraph 2, among the doctors or terminated in reserve law.
Art. 11. The military courts are presided over by a judge appointed from the reserve magistrates.
Art. 12. § 1^er. Reserve magistrates designated as an effective member of a military court are automatically exempted from their other judicial functions and from any military duty other than a judicial one upon the entry into force of the Royal Decree referred to in Article 3, paragraph 1^eras long as, in fact, they are called upon to serve in a military court.
§ 2. When a presiding judge or investigating judge is prevented, the presiding judge shall designate the substitute for the substitute magistrates appointed to sit in that court justifying in accordance with the law of 15 June 1935 concerning the use of languages in judicial matters of the knowledge of the same language. The replacement is immediately exempted from his other judicial functions and from any other military obligation.
When the president of a military court is prevented, he is replaced by a room president he designates.
If he cannot designate his substitute, the president shall be replaced by the reserve magistrate from the designated seat to sit in that court with the highest service seniority.
§ 3. Judges who are members of military courts and their substitutes receive in the army the honours prescribed for the superior officers.
Art. 13. § 1^er. Each assessor of a military court has two substitutes.
The assessors and their alternates shall be designated, for a term of three months, by drawing of lots among the officers of grade at least equal to that of captain in service in the fraction of the army or in the territory for which the military court is established.
§ 2. At the beginning of each three-month period, the Minister of Defence shall transmit to the President of the Military Court the lists of officers in grade duty at least equal to that of captain in the fraction of the army or in the territory for which the military court is established.
The lists indicate the linguistic role of each officer and whether he justifies, in accordance with section 49, paragraphs 6 and 8, the law of 15 June 1935 concerning the use of languages in judicial matters, the knowledge of the German language.
§ 3. At the first hearing of each session, the President of the Military Court shall draw the lots of actual and alternate assessors.
§ 4. Each assessor shall, at the beginning of the first hearing to which he is called to sit the following oath:
"I swear to faithfully carry out my duties as an assailant, to keep the secret of the proceedings, and to judge the people brought before us, without hatred, without fear, without complacency, with the sole will to execute the law. »
§ 5. In each judgment of the military court, reference is made to the record of the drawing of lots.
§ 6. When an accused is an officer, no judicial function may be performed with respect to him by an officer of a lower or less senior rank in the same rank.
Art. 14. The unable assailant is replaced by an alternate or, if not an alternate, by the officer following it in the general list.
Art. 15. The commander of the seat of a military court may order the renewal of the assessors of this court, whenever this measure is justified by the movements of the troop body of the garrison.
Sub-section 2. - Military courts in the countryside
Art. 16. § 1^er. Military courts in the countryside are composed in the same way as permanent military courts unless exceptional circumstances constitute a state of necessity.
§ 2. Where the exceptional circumstances constitutive of the state of necessity do not permit the designation of reserve magistrates or doctors or terminated in the right of reserve or where they are prevented, the commander of the fraction of the army or territory for which the military court in the campaign is instituted shall, for a term not to exceed three months, designate doctors or dismissed in law, or in default, superior officers to exercise the functions.
§ 3. Where the exceptional circumstances constitutive of the state of necesity render the appointment of an examining magistrate impossible, the functions of an investigating judge may be exercised by a magistrate of the Public Prosecutor's Office near the military court in the campaign that will no longer be able to intervene as a judge of the Public Prosecutor's Office in this procedure. In the absence of a magistrate of the Public Prosecutor's Office, the functions of an investigating judge may be performed by a doctor or a legal officer. This officer will not be able to perform the duties of instructor and assailant during the same procedure.
§ 4. In the event of the incapacity of assessors and their substitutes, the commander of the fraction of the army or territory for which a military court in the country is established designates officers to perform their duties for a term not exceeding three months.
§ 5. When an accused is an officer, no judicial function may be performed with respect to him by an officer of a lower or less senior rank in the same rank.
Sub-section 3
Military courts in extraordinary countryside
Art. 17. § 1^er. When a place is invested or is in circumstances that constitute the state of siege according to the Decree-Law of 11 October 1916 concerning the state of war and the state of siege, the commander may establish a military court in extraordinary campaign.
In these circumstances, the military court in the country consists of a correctional chamber and a board chamber.
Each military court in the campaign is presided over by a superior officer who justifies in accordance with section 49 of the Act of 15 June 1935 concerning the use of languages in judicial matters of the knowledge of the language of the person prosecuted.
§ 2. The duties of examining magistrate may be exercised by the designated officer to serve as a magistrate of the Public Prosecutor's Office. This officer will not be able to perform the duties of instructor and assailant during the same procedure.
§ 3. The commander shall designate a senior officer of the highest rank to serve in the board chamber.
§ 4. In addition to the officers appointed to serve as a judge, the commander designates two assessors, and two alternate assessors to serve in the Correctional Chamber, respecting as much as possible the rules prescribed for the composition of military tribunals.
In the event of the incapacity of assessors and their substitutes, the commander of the fraction of the army or territory for which a military tribunal in special campaign is established designates officers to perform their duties for a term not exceeding three months.
§ 5. During the composition of the chambers, the commander designates officers who justify, in accordance with section 49 of the Act of 15 June 1935 concerning the use of languages in judicial matters, the knowledge of the language of the accused.
§ 6. When an accused is an officer, no judicial function may be performed with respect to him by an officer of a lower or less senior rank in the same rank.
Art. 18. The Royal Decree establishing the Military Court in a special campaign may require the Minister of Defence to appoint a general or superior officer who shall perform the duties assigned to the commander of the fraction of the army or territory.
Section 2. - Public Ministry
Sub-section 1^re. - Judges of the Public Prosecutor ' s Office
Art. 19. The functions of the Public Prosecutor's Office in the Standing Military Court are performed by a military auditor under the supervision and direction of the Auditor General in the Military Court.
Art. 20. The military auditor shall be assisted by one or more first substitutes or substitutes of the military auditor or doctors or terminated in reserve law under his supervision and immediate direction.
Art. 21. Reserve magistrates designated military auditors, first substitutes and substitutes of the actual military auditor are automatically exempted from their other judicial functions and from any military duty other than judicial from the entry into force of the Royal Order referred to in Article 3, paragraph 1^erprovided that, in fact, they are called upon to serve in a military court or military court in the country.
Art. 22. The military auditor shall maintain a record of the judgments, in which the names of all persons tried by the military court shall be recorded with the qualification of the offences, the decision, the dates of appeals or cassation, the decisions taken, the dates of the beginning and the end of the execution of the sentences pronounced, the place where these penalties are incurred and the surrenders or reductions of penalties granted by the King.
Art. 23. The military auditor, the first substitutes and substitutes of the military auditor receive in the army the honours prescribed for the superior officers.
Art. 24. Upon his entry into office, the military auditor draws an inventory of the archives and objects he is responsible for. He transmits a copy to the Auditor General. On the date fixed by the King for the handover of the army on a peace footing, he transmits all the archives to the correctional office of the Brussels Court of First Instance.
Sub-section 2. - Non-magistrates
Art. 25. Where exceptional circumstances preclude the designation of a professional reserve magistrate, a doctor or a Licensee shall be called upon in reserve law.
Where circumstances do not permit the designation of a reserve magistrate or a doctor or a licensed person in reserve law or where they are prevented, the commander of the fraction of the army or territory for which the military court in the country is established, designates a doctor or fired person in law or default, a superior officer to perform the functions of a judge of the public prosecutor. The designated person must know the language of the defendant. It shall take the oath provided for in Article 13, § 4.
Art. 26. When a place is invested or is in circumstances that, according to the decree-law of 11 October 1916 relating to the state of war and the state of siege, constitute the state of siege, the commander designates a superior officer to serve as a judge of the Public Prosecutor's Office. The officer shall take the oath under Article 13, § 4.
Section 3. - Registry
Art. 27. There is a graft in every military court. The Registry consists of a Chief Clerk, Chief Clerks, Clerks, Assistant Clerks, Editors and Employees.
Art. 28. Those designated as effective members of a reserve registry are automatically exempted from their other duties in a registry and from any military duty other than judicial from the entry into force of the Royal Decree referred to in Article 3, paragraph 1^eras long as, in fact, they perform functions in a transplant.
Art. 29. In the event of an incapacity, the Registrar or Registry staff member shall be replaced by a substitute designated by the President of the Tribunal among the alternate members of the Reserve Registry. The alternate shall be immediately exempted from his other duties and from any other military obligation.
Art. 30. When the Registry staff is to be completed for the proper functioning of the military courts, the Minister of Justice, on the advice of the King's Prosecutor, shall delegate to equal or higher functions, clerks, deputy clerks, editors or employees of the civil registry, holders of the patent in military techniques or the certificate provided for in Article 4, § 2, which has been issued for less than five years by the Ministry of Defence.
Art. 31. If necessary, the Minister of Defence may appoint military personnel to serve in the Registry.
In addition, where it is not possible to appeal to a member of the Reserve Registry or to a member designated by the Minister of Defence, the Commander may designate one or more members to perform the duties of the Registry.
Art. 32. The chief clerk and his deputy receive in the army the honors prescribed for the junior officers.
Section 4. - The secretariat
Art. 33. Near each military court there is a Military Auditor's Office Secretariat composed of a Chief Secretary, Service Secretaries, Secretaries, Assistant Secretaries, Translators, Editors and Employees, whose number is fixed by the King.
Art. 34. Those who have been designated an effective member of the reserve prosecutor's office are automatically exempted from their other functions in a prosecutor's office and from any military obligation other than a court of law upon the entry into force of the Royal Decree referred to in Article 3, paragraph 1^eras long as in fact they exercise a function within a prosecutor's office.
Art. 35. In the event of an incapacity, the staff member of the prosecutor's office shall be replaced by a substitute designated by the chair of the court among the alternate members of the reserve prosecutor's office. The alternate shall be immediately exempted from his other duties and from any other military obligation.
Art. 36. When the staff of the prosecutor's office must be completed for the proper functioning of the prosecutor's offices in the military courts, the Minister of Justice shall delegate to equal or higher functions, in accordance with the advice of the Attorney General or the Crown Prosecutor, of the secretaries, assistant secretaries, translators, editors and employees, holders of the patent in military techniques, or of the attestation provided for in Article 4, § 2, issued for less than five years
Art. 37. If necessary, the Minister of Defence may appoint military personnel to perform the functions of the prosecutor ' s office. In addition, where it is not possible to appeal to a member of the reserve prosecutor's office or to a member designated by the Minister of Defence, the commander may designate one or more members to perform the functions within the prosecutor's office.
Art. 38. The chief secretary and his deputy receive in the army the honors prescribed for junior officers.
CHAPTER III. - Military Court
Section I^re. - From the seat
Art. 39. The Military Court consists of a French Chamber, a Dutch Chamber, a German Chamber and an indictment chamber.
Art. 40. Apart from the indictment chamber, the rooms are composed of:
1° of an adviser to the Court of Appeal or in the case referred to in Article 4, § 3, paragraph 2, of a doctor or terminated in reserve law other than a member who presides over the Chamber;
2° of a colonel or lieutenant colonel assessor;
3° of a major, assessor.
Art. 41. The board of indictments is composed of a reserve magistrate or in the case referred to in Article 4, § 3, paragraph 2, of a doctor or a Licensee in the right of reserve.
Art. 42. The President of the Military Court is an adviser to the Court of Appeal designated among the reserve magistrates.
Art. 43. § 1^er. The Reserve Magistrate designated as the effective President or effective Chamber President of the Military Court is automatically exempted from his other judicial functions and from any military duty other than judicial from the entry into force of the Royal Decree referred to in Article 3, paragraph 1^er, as long as in fact he exercises his functions in the Military Court.
§ 2. When a room chair is prevented, he is replaced by a substitute designated by him. If he cannot designate his replacement, the chair is replaced by the counsellor at the reserve court with the highest senior position. This substitute is immediately exempted from its other judicial functions.
§ 3. The President, the Chamber President of the Military Court and their alternates receive in the army the honours prescribed for General Officers.
Art. 44. Each Military Court assessor has two alternates.
The assessors and their alternates are designated by lot for a three-month session.
At the beginning of each three-month period, the Minister of Defence forwards to the President of the Court the lists of officers in higher-level active service than that of the Commander.
The lists indicate the linguistic role of each officer and whether he justifies, in accordance with section 49, paragraphs 6 and 8, the law of 15 June 1935 concerning the use of languages in judicial matters, the knowledge of the German language.
At the first hearing of each session, the President of the Military Court shall draw the lots of actual and alternate assessors.
Art. 45. If the number of alternates is insufficient to form the Court, it is supplemented by an additional drawing of lots.
Art. 46. When an accused is an officer, no judicial function may be performed with respect to him by an officer of a lower or less senior rank in the same rank.
Art. 47. The Minister of Justice and the Attorney General of the Court of Cassation shall receive a copy of the minutes of the drawing of the actual assessors and their substitutes.
Art. 48. Each assessor shall, upon requisition of the Auditor General, at the beginning of the first hearing to which he is called to sit the following oath:
"I swear to faithfully carry out my duties as an assailant, to keep the secret of the proceedings and to judge the people brought before us without hatred, without fear, without complacency, with the sole will to execute the law. »
Art. 49. The rules of procedure of the Military Court shall be established by the King on the advice of the Court.
Section II. - Public Prosecutor's Office
Art. 50. The duties of the Public Prosecutor's Office in the Military Court are exercised by the Auditor General.
He is assisted by a first general lawyer and one or more general lawyers near the Military Court and by one or more deputys of the Auditor General or doctors or dismissed in reserve law, under his supervision and immediate direction.
Art. 51. The magistrates of the actual public reserve department are automatically exempted from their other judicial functions upon the entry into force of the royal decree referred to in article 3, paragraph 1^eras long as in fact they perform functions within the general auditory of the Military Court.
Art. 52. The member of the Public Prosecutor's Office is replaced by a judge of the Public Prosecutor's Office appointed by the Auditor General. This alternate is immediately exempted from his other judicial functions as long as in fact he performs duties within the general auditory of the Military Court.
Art. 53. The Auditor General may perform all the functions of the jurisdiction of the military auditors himself and is entitled to occupy the seat of the Public Prosecutor's Office before the military courts.
Art. 54. The Auditor General supervises the members of the Public Prosecutor's Office of the Military Court and the Military Court.
Art. 55. The Auditor General, the First Attorney General and General Lawyers receive in the army the honors prescribed for General Officers.
The deputys of the Auditor General receive in the army the honors prescribed for the superior officers.
Section III. - Registry
Art. 56. The Military Court has a Registry composed of a Chief Clerk, Chief Clerk of Service, Clerks, Assistant Clerks, Editors and Employees, whose number is determined by the King.
There may be at the Registry of the Military Court of the military appointed by the Minister of Defence.
Art. 57. Those who have been designated an effective member of a reserve registry are automatically exempted from their other functions in a Registry from the entry into force of the Royal Order referred to in Article 3, paragraph 1^eras long as in fact they perform functions in the Registry of the Military Court.
Art. 58. The Minister of Justice may delegate editors and employees of a civil registry that holds the patent in military techniques or the certificate provided for in Article 4, § 2, which has been issued for less than five years by the Ministry of Defence to perform functions in a registry.
Art. 59. The Registrar shall keep records and records determined by the rules of the Court or ordered by the President or by the Minister of Justice.
Art. 60. The chief clerk and his deputy receive in the army the honors prescribed for the junior officers.
Section IV. - The secretariat
Art. 61. There is near the Military Court a Secretariat of the Attorney General's Office composed of a Chief Secretary, Chief Secretary of Service, Secretaries, Assistant Secretaries, Translators, Editors and Employees, whose number is fixed by the King.
There may be at the Secretariat of the Attorney General's Office near the Military Court of the military appointed by the Minister of Defence.
Art. 62. Those who have been appointed as an effective member of the reserve prosecutor's office are automatically exempted from their other functions in a prosecutor's office as soon as the Royal Decree referred to in Article 3, paragraph 1 comes into force.^eras long as in fact they perform functions in the Office of the Prosecutor of the Military Court.
Art. 63. If necessary, the Minister of Justice may designate secretaries and staff of another prosecutor's office, who have the patent in military techniques or the certificate provided for in Article 4, § 2, which has been issued for less than five years by the Ministry of Defence, to complete the prosecutor's office.
Art. 64. The chief secretary and his deputy receive in the army the honors prescribed for junior officers.
PART III. - The jurisdiction of military courts
CHAPTER I^er. - The respective competences of military courts and courts of common law
Section I^re. - After the proclamation of wartime
Art. 65. In times of war, criminal courts of common law remain competent for all cases whose public action was brought in peacetime.
Art. 66. Where in the territory of the Kingdom no jurisdiction of common law exists or operates in a place invested or in circumstances that under the law constitute the state of siege, all persons in the territory are tried by the military courts for all offences.
Art. 67. When the operation of military courts is suspended because of the enemy, the courts of common law are competent to hear offences under the jurisdiction of the military courts, as well as to judge persons subject to these jurisdictions.
Section II. - After the proclamation of the end of the war
Art. 68. § 1^er. Upon the entry into force of the Royal Decree which puts an end to the war time taken in accordance with Article 2, the cases pending before the military courts shall be registered ex officio and without charge to the general role of the courts of common law, as follows:
1° to the role of the police court, all cases which under the Code of Criminal Investigation fall within its jurisdiction;
2° to the role of the Correctional Court, all cases which under the Code of Criminal Investigation fall within its jurisdiction;
3° to the role of the Court of Appeal, all cases which pursuant to the Code of Criminal Investigation fall within its jurisdiction.
§ 2. Cases that fall within the jurisdiction of the court of siege will be forwarded to the board of indictments that may decide to correct-nalize or go to the court of siege.
§ 3. The territorial jurisdiction of the courts referred to in § 1^er or the board of indictments referred to in § 2 shall be established in accordance with the Code of Criminal Investigation.
For cases that fall within the jurisdiction of military courts in the field or military courts in extraordinary campaign, the courts established in Brussels are competent.
Art. 69. Appeals or objections against decisions of a deleted court shall be brought before the court to hear such appeals or objections in accordance with Article 68.
Art. 70. The Chief Clerk of the abolished military jurisdiction shall send the files to the Chief Clerk of the competent jurisdiction.
Art. 71. Cases for which a judicial investigation is pending are transmitted by the Chief Clerk of the Court of Investigation to the competent local investigating judge according to Article 108, § 3, of the Code of Criminal Investigation.
Art. 72. Cases for which no judicial instruction is pending shall be transmitted by the military auditor to the procurator of the territorially competent King according to Article 108, § 3, of the Code of Criminal Investigation.
CHAPTER II. - The jurisdiction of military courts
Art. 73. Upon the entry into force of the Royal Military Mobilization Order under Article 2, persons subject, in the commission of the offence, to military criminal laws under articles 14 to 14quater of the Act of 27 May 1870 containing the Military Criminal Code, fall under the jurisdiction of military courts for all offences under ordinary military laws or criminal laws.
The same applies to those who are attached to the army or who are allowed to follow a body of troops that is part of it.
Art. 74. Prisoners of war and foreigners fall within the jurisdiction of the military courts for all offences committed against ordinary Belgian criminal laws.
Art. 75. § 1^er. In addition, prisoners of war are subject to Belgian military laws for the following offences:
1° betrayal and spying;
2° participation in a revolt provided for by the Military Penal Code and committed by Belgians or by foreigners;
3° participation in a conspiracy desertion committed by Belgian soldiers;
4° the violence and contempt of a Belgian soldier of a higher rank than that of which they are themselves clothed in the army of their country, or towards a sentinel;
5° the offences referred to in Article 14quater of the Act of 27 May 1870 containing the Military Penal Code committed against a superior of their army;
6° the insubordination provided for in Article 28 of the Act of 27 May 1870 containing the Military Penal Code when the order emanates from a Belgian military officer of higher rank than theirs.
§ 2. Even non-military foreigners who, in times of war, are subject to Belgian military laws for offences referred to in § 1^er, 1°, 2° and 3°, and for the violence and contempt of the soldiers responsible for monitoring them or for a sentinel.
When the criminal law is applied to a foreign member, the penalty is determined, excluding any rank, as with respect to a person not belonging to the army.
Art. 76. Military courts are aware of offences referred to in Book II, Title I^erChapter II of the Criminal Code.
Art. 77. Regardless of the quality of the person, in times of war, the courts of common law remain competent to hear all offences punishable by the Act of 16 June 1993 on the suppression of serious violations of international humanitarian law.
Art. 78. Military courts are subject to wartime offences under special criminal laws.
CHAPTER III. - The jurisdiction of the Military Court
Art. 79. The Military Court is aware of the military court's appeal.
PART IV (former title III). - The procedure
Art. 80. In times of war, the powers of the King's Prosecutor shall be exercised by the military auditor, those of the investigating judge by the military courts and those of the Attorney General by the Auditor General near the Military Court, in accordance with the Act of 10 April 2003 regulating the procedure before the military courts and adapting various legal provisions following the abolition of the military courts in peacetime.
Art. 81. Judicial police powers are exercised under the authority of the Military Court when the facts may be tried by military courts.
Art. 82. The powers of the board chamber and the board of indictments provided for by the Act of 20 July 1990 on pretrial detention are exercised by the board's chamber at the military court and by the board of indictments at the Military Court.
PART V. - Modificative and various provisions
CHAPTER I^er. - Amendments to the Code of Criminal Investigation
Art. 83. In the Criminal Code, an article 24bis is inserted, which reads as follows:
"Art. 24bis. - Judges who, in peacetime and in accordance with Article 309bis of the Judicial Code, are authorized to accompany Belgian military troops abroad, shall exercise all their powers with respect to persons referred to in Article 10bis of the preliminary title of this Code as if they were in the territory of the Kingdom. »
Art. 84. Article 62bis of the same Code is supplemented by a new paragraph, which reads as follows:
"In peacetime, when the judge is seized of acts committed abroad that may be prosecuted in Belgium under Article 10bis of the preliminary title of this Code, the examining magistrate shall exercise all his powers as if the facts had been committed in the territory of the Kingdom. In this case, when the defendant has no residence in Belgium, the investigating judges of the Brussels Court of First Instance are competent. »
Art. 85. In article 216bis, § 3, of the same Code, the words "to officers of the public ministry near the military courts" are deleted.
Art. 86. In sections 479 and 483 of the same Code, the words "a general commanding a division" are deleted.
Art. 87. In section 527 of the same Code, as amended by the Act of 10 July 1967, the words "in times of war" are inserted between the word "military" and the word ", or" and the words "a military police officer, or" are deleted.
CHAPTER II. - Amendments to the Judicial Code
Art. 88. Section 58, paragraph 2, of the Judicial Code is repealed.
Art. 89. In section 58bis of the same Code, inserted by the Act of 22 December 1998 and amended by the Act of 21 June 2001, the following amendments are made:
1° at point 1°, the words "presiding the military auditor" and "presiding the general auditor near the Military Court" are deleted;
2° in point 2°, the words "military listener," "and president of the Military Court," and "Attorney General to the Military Court," are deleted;
3° at point 3°, the words "first deputy of the military auditor" and "first general lawyer and general lawyer near the Military Court" are deleted.
Art. 90. An article 144quinquies as follows is inserted in the same Code:
"Art. 144quinquies. - In peacetime, the federal prosecutor is notified of the offences which, in accordance with article 10bis of the preliminary title of the Code of Criminal Investigation may be prosecuted in Belgium. Notice is given to it directly, without prejudice to the provisions of section 29 of the Code of Criminal Investigation, either by commanders of military units stationed abroad or by members of the Federal Police responsible, pursuant to section 112 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels, to ensure the police of the military.
Where, pursuant to section 309bis, a public prosecutor is present in the theatre of operation, the notice referred to in the preceding paragraph is given directly to him.
Without prejudice to section 144ter, the federal prosecutor decides that either a Crown prosecutor or the King's prosecutor shall exercise public action in the cases referred to in this article. The decision is, except urgent and necessary circumstances, taken after consultation with the King's Prosecutor.
No appeal is open against this decision. No nullity may be raised in the matter of division of jurisdiction between the Crown Prosecutor and the Federal Prosecutor regarding the exercise of public action. »
Art. 91. In article 259bis-1, paragraph 2, of the same Code, inserted by the law of 22 December 1998 and amended by the law of 21 June 2001, the words "military courts" are deleted.
Art. 92. Section 259octies of the same Code, inserted by the Act of 22 December 1998 and amended by the Act of 21 June 2001, are amended as follows:
1° in § 2, the words "and/or the military listener", the words "or the war council," and the words "or the general listener" are deleted;
2° in § 3, the words "and/or the military listener" and the words "or the general listener" are deleted;
3° § 7, paragraph 3, is replaced by the following paragraph: "The intern has, for the duration of the internship at the procurator's office or for the duration of the internship at the procurator's office, the quality of the judicial police officer, the deputy of the King's procurator or the auditor's office, but it can only perform the duties on commission by the public prosecutor";
4° in § 7, paragraph 4, the words "or by the general listener" and the words "and/or the military listener" are deleted;
5° in § 7, paragraph 8, the words "or general auditor" are deleted.
Art. 93. In article 287quater , § 4, of the same Code, inserted by the law of 17 February 1997, the words "by the first president of the Court of Appeal, the first president of the Court of Labour or the first president of the Military Court and in respect of the other members, as the case may be, by the Attorney General near the Court of Appeal or the Auditor General near the Military Court" are replaced by the words "by the first president"
Art. 94. In Book II, Title I^er, of the same Code, a chapter V is inserted after section 309, which reads as follows:
« CHAPTER V. - Judges authorized to accompany Belgian military troops abroad
Art. 309bis. - In peacetime, magistrates of the Public Prosecutor's Office may accompany Belgian troops during military operations abroad when the Ministers of Justice and Defence decide in consultation, following a motivated report by the military authorities, that particular circumstances warrant it.
To this end, a list of magistrates of the Public Prosecutor ' s Office is arrested by the King after the opinion of the head of the corps and on the proposal of the College of Attorneys General. They are chosen from the public prosecutors appointed for at least one year to respond to the call to candidates.
The designations of the judges included in the list are valid for a period of three years renewable.
When the sending of a magistrate to accompany the troops is justified in accordance with paragraph 1^er, this judge is chosen by the federal prosecutor either among the federal magistrates or among the magistrates on the list arrested by the King. In the latter case, the judge is a full delegate to the Federal Prosecutor ' s Office for the duration of his mission.
The magistrate exercises this mission under the immediate supervision of the federal prosecutor.
The magistrate accompanying the troops must have a patent in military technology granted by the Ministry of Defence for less than five years.
The patent in military techniques attests that the magistrate accompanying the troops followed a basic military training provided in the manner established by the Minister of Defence.
The patent in military technology remains valid as long as its holder can provide an attestation issued by the Ministry of Defence to those who have completed the five-year retraining courses.
The sending of troops on a mission of accompaniment may not have any negative consequences on the remuneration of the magistrate and may not have any repercussions on the mandate enumerated in article 58bis, if any, the person concerned. »
Art. 95. Section 315 of the same Code, as amended by the Act of 21 December 1994, is supplemented by the following paragraph:
"Paragraphs 2 and 4 are not applicable to magistrates in the temporary framework of the Military Court, to the clerks and to the staff of the office of the office of the court of war or the Military Court, to the secretaries and to the staff resumed in the temporary framework of the Office of the Attorney General's Office of the Military Court. »
Art. 96. In section 327 of the same Code, replaced by the law of 25 July 1974 and amended by the laws of 1^er December 1994, 22 December 1998 and 17 July 2000 are amended as follows:
1st paragraph 1^er is repealed;
2° old paragraph 2, which becomes paragraph 1^er, is replaced by the following:
"Without prejudice to the application of Article 326, the Minister of Justice may, in the opinion of the Attorney General under the supervision of the magistrate, delegate magistrates from a prosecutor's office of the King or the auditor of work to the service of the King, or in federal public services or to commissions, agencies or government offices";
3° old paragraph 3, which becomes paragraph 2, is replaced by the following:
"The Minister of Justice may also, in the opinion of the competent Attorney General to delegate magistrates from a public prosecutor's office to a court of appeal at the service of the King or in federal public services";
4° in old paragraph 4, which becomes paragraph 3, the words "2^e and 3^e are replaced by the words "1^er and 2^e »;
5° old paragraph 5 becomes paragraph 4.
Art. 97. Article 327bis, paragraph 1^er the same Code, inserted by the Act of 6 August 1993 and amended by the Acts of 10 August 1998 and 17 July 2000, is replaced by the following provision:
"Without prejudice to the application of Article 327, the Minister of Justice may, in the opinion of the competent Attorney General, delegate to the Federal Justice Public Service and the Financial Information Processing Unit of the Prosecutors to carry out a specific mission determined by a legal or regulatory provision. »
Art. 98. Section 330 of the Code, as amended by the Acts of 17 February 1997, 20 May 1997 and 24 March 1999, is amended as follows:
1st paragraph 1^er is replaced by the following provision:
"The Minister of Justice may, without prejudice to the application of sections 328 and 329, delegate to other equal or higher functions in their office or in another office or in federal public services or in government commissions, agencies or offices, referendums, clerks, deputy clerks, editors and employees of a court or tribunal. Section 327bis may be applied to them in accordance with a particular legal or regulatory provision. »;
2° in paragraph 2, the words "in departmental departments or offices" are replaced by the words "in federal public services".
Art. 99. Article 330 bis, paragraph 1^erthe same Code as amended by the Acts of 17 February 1997, 20 May 1997, 24 March 1999 and 12 April 1999 shall be replaced by the following provision:
"The Minister of Justice may, without prejudice to the application of section 329bis, delegate to other equal or superior functions in their public prosecutor's office, in the federal public prosecutor's office, in another public prosecutor's office or in federal public services or in government committees, agencies or offices of prosecutor's lawyers, chief secretaries, assistant secretaries, translators, editors and public prosecutors. Section 327bis may be applied to them in accordance with a particular legal or regulatory provision. »
CHAPTER III. - Amendments to the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 100. In section 18 of the Act of 15 June 1935 concerning the use of languages in judicial matters, replaced by the Act of 23 September 1985, the following amendments are made:
1° § 1^erParagraph 1^er, is replaced as follows: "In time of war, before the military courts, the procedure is made in French, Dutch or German according to the choice of the defendant. »;
2° the words "war council" are replaced by the words "military tribunal", the words "the president of the judicial commission" are replaced by the words "the investigating judge or board chamber".
Art. 101. In section 22, paragraph 4, of the Act, as amended by the Act of September 23, 1985, the words "war council" are replaced by the words "military tribunal".
Art. 102. Section 25, paragraph 4, of the same Act, replaced by the Act of 23 September 1985, is replaced as follows: "In wartime, before the Military Court judging first and last jurisdiction, as well as before the indictment chamber near this Court, the language of the proceedings shall be determined in accordance with section 18. »
Art. 103. In section 49 of the Act, as amended by the Acts of 23 September 1985 and 21 December 1994, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. There is a German Chamber in the Military Court and the Military Court only when the language of the proceedings is German in accordance with Articles 18 and 25, paragraph 4. »;
2° in § 2, paragraph 2, the words "and half the magistrates of the military auditory" are deleted;
3° to § 2, paragraph 3 is replaced by the following paragraph:
"The military auditor and the president of the military court must justify the knowledge of the language(s) used in the military court chambers. However, when a military court is composed of French, Dutch and German chambers, they must justify the knowledge of two languages, their substitute before at least justifying the knowledge of the third language. »;
4° § 2, paragraph 4, is replaced by the following paragraph:
"As he presides over the French Chamber, the Dutch Chamber or the German Chamber, the adviser to the Military Court must justify the knowledge of the French language, the Dutch language or the German language. »;
5° § 3, paragraph 1^er, is replaced by the following paragraph:
"As he presides over the French Chamber, the Dutch Chamber or the German Chamber, the judge in the military court must justify the knowledge of the French language, the Dutch language or the German language. »;
6° in § 5 the words "as well as the president and the military members of a war council" are replaced by the words "and the military members of a military court";
7° in § 6 the words "or a council of war" are replaced by the words "of a military court";
8° § 7 is repealed;
9° to § 9, the words "war council" are replaced by the words "military court".
Art. 104. Section 53 of the Act, amended by the Acts of 15 February 1961, 9 August 1963, 23 September 1985, 11 July and 21 December 1994 and 27 April 2001, are amended as follows:
1° § 1^erParagraph 2 is replaced as follows:
"In wartimes, however, must justify the knowledge of the Dutch language the clerks who are attached to a Dutch Chamber of a military court and the German language the clerks who are attached to a German Chamber of a military court. »;
2° § 2, paragraph 2, is replaced as follows:
"However, the Clerks who are attached to a French chamber, the Court of Appeal of Ghent, must justify the knowledge of the French language. In wartimes must justify the knowledge of the French language, the clerks who are attached to a French chamber of a military court and the knowledge of the German language the clerks who are attached to a German chamber of a military court. »;
3° to § 3, paragraph 1^er, the words "and the War Council" are replaced by the words "and, in wartime of a military court";
4° in § 4 the words "of a justice of the peace or of a police court" are replaced by the words "of a justice of the peace, of a police court or, in times of war, of a military court".
Art. 105. In section 54 of the Act, as amended by the Acts of 20 December 1957, 23 September 1985 and 21 December 1994, the following amendments are made:
1° to § 2, paragraph 1^er, in limine, are inserted the words "In time of war,"
2° in § 2, paragraph 2, in limine, are inserted the words "In Brussels in time of war" and the words "war council" are replaced each time by the words "military court";
3° to § 2, paragraph 3 is replaced as follows:
"In time of war the Clerks to the German Chamber of the Military Court and the Clerks to the German Chambers of the Military Courts must justify the knowledge of the German language in the manner provided for in paragraph 1^er. »
CHAPTER IV. - Amendment of the Act of 16 June 1993 on the Repression of Serious Violations of International Humanitarian Law
Art. 106. Section 9 of the Act of 16 June 1993 on the Suppression of Serious Violations of International Humanitarian Law is repealed.
CHAPTER V. - Amendment of the Act of 18 March 1998 establishing Parole Boards
Art. 107. Section 13 of the Act of 18 March 1998 establishing parole boards, the words "or military auditor" are deleted.
CHAPTER VI. - Abrogatory provisions
Art. 108. Are repealed:
- the Procedural Code for the Land Army of 20 July 1814;
- the ruling of the Sovereign Prince of 20 July 1814, which brought into force in Holland the Maritime Codes, the Code of Procedure for the Army of Land and provisional instruction for the High Military Court;
- the Act of 20 July 1814 containing the Provisory Instruction for the High Military Court;
- Military Criminal Code of 15 March 1815;
- the ruling of the Sovereign Prince (Guillaume d'Orange-Nassau) of March 15, 1815, declaring the Military Penal Code and the Disciplinary Regulations in Holland;
- the Order of the Provisional Government of 9 November 1830 concerning the advertisement given to all cases brought before the War Councils;
- the Act of 29 January 1849 establishing a Military Court;
- the laws of 15 June 1899 including titles I^er and II of the Code of Military Criminal Procedure;
- the Royal Decree of 18 August 1914 concerning the composition of the Military Court;
- the Decree-Law of 28 December 1915 concerning the appeal against the judgments of the war councils in the countryside;
- the decree of 5 January 1916 concerning the national militia;
- the Decree-Law of 27 January 1916 regulating the appeal procedure for the judgments rendered by the war councils;
- the Decree-Law of 16 June 1916 concerning the competence of the war councils in the countryside;
- Articles 7 and 8 of the Decree-Law of 14 September 1918 concerning criminal legislation - Amendments;
- the Royal Decree of 18 November 1918 concerning the jurisdiction of permanent war councils;
- the law of 25 June 1921 on the default procedure before the military court;
- the Decree-Law of 18 September 1944 on permanent war councils;
- Law of 1^er June 1949 now certain legal provisions in force notwithstanding the handover of the army on peace;
- the law of 30 May 1951 authorizing the King to extend certain provisions applicable in times of war or mobilization to members of the Belgian forces assigned to the execution of measures decided by the UN Security Council;
- the Act of 9 March 1954 regulating the use of cassation appeal against military court judgments and judgments;
- the Royal Decree of 14 January 1957 establishing the powers of the chambers in permanent war councils and establishing temporary chambers;
- the Royal Decree of 14 July 1971 concerning the use of languages in military courts.
CHAPTER VII. - Transitional provisions
Art. 109. Judges appointed to the Military Court, to the general auditory of the Military Court and to the War Council are incorporated into a temporary framework for extinction.
The Registrars and Registry staff appointed to the Military Court and the War Council are included in a temporary framework for extinction.
The secretaries and staff of the Public Prosecutor ' s Office appointed to the General Auditorate at the Military Court are included in a temporary framework for extinction.
It can only be provided once in each place of the temporary frame being extinguished.
The places that make up this framework are removed as their incumbents cease to occupy them, as a result of appointment to other functions, retirement, resignation, dismissal or dismissal, resignation of office or death.
Art. 110. § 1^er. The temporary framework of the Military Court is as follows:
President of the Military Court: 1
§ 2. The temporary framework for the general auditory of the Military Court is as follows:
Auditor General: 1
First General Counsel: 1
Attorney General: 1
Auditor General Substitute: 1
§ 3. The temporary framework of the auditorship near the War Council is as follows:
Military Auditor: 1
First military auditor substitutes: 9
Military Auditor's Substitutes: 12
Art. 111. § 1^er. The temporary framework for the Military Court Registry is as follows:
Registry of Service: 1
Registrars: 2
Editor: 1
Employees: 2
§ 2. The temporary framework for the War Council Registry is as follows:
Chief Registrar: 1
Service Registrars: 1
Registrars: 21
Deputy Registrar: 1
Editors: 6
Employees: 6
§ 3. The temporary framework for secretaries and staff of the Office of the Attorney General's Office of the Military Court is as follows:
Chief Secretary: 1
Chief of Service: 1
Secretaries: 3
Editors: 2
Employees: 4.
Art. 112. The magistrates of the Public Prosecutor's Office at the War Council and the magistrates of the Public Prosecutor's Office at the Military Court in the temporary period are delegated by the Minister of Justice to the Public Prosecutor's Office of a Civil Court. Delegations will be advised by the competent Attorney General to whom the Auditor General's opinion will be added at the first delegation.
They may also benefit from the application of articles 308, 327, paragraphs 2 and 3, and 327 bis of the Judicial Code.
In addition to the opinion of the Attorney General, the first delegations will be on the advice of the Auditor General.
Art. 113. Clerks and officers of the Registry of the Military Court and of the War Council resumed on a temporary basis are delegated to a Registry by the Minister of Justice in the grade of their appointment or designation.
Clerks and members of the War Council Registry may also be delegated to the Public Prosecutor ' s Office at the equivalent level.
Where from that delegation they are entitled to the application of section 330 or, for those referred to in paragraph 2, of section 330 bis of the Judicial Code, the delegation referred to in paragraph 1^er or two.
Art. 114. Secretaries and staff of the Office of the Attorney General ' s Office of the Auditor General near the Military Court resumed on a temporary basis are delegated to a prosecutor ' s office by the Minister of Justice in the grade of their appointment or designation.
When from that delegation they are entitled to the application of Article 330 bis of the Judicial Code the delegation referred to in paragraph 1^er subsist.
Art. 115. Clerks and Registry staff at the Military Court resumed in the temporary framework who are delegated in the grade of their appointment in a court of appeal are appointed with their consent as soon as a place becomes vacant and as long as they have obtained the "very good" assessment. In addition, this appointment can only take place as long as it complies with the Act of 15 June 1935 concerning the use of languages in judicial matters.
In the case of a number of persons from the Registry near the Military Court who meet the requirements of paragraph 1^er are delegated in the same graft, the appointment is the one with the highest grade seniority. An equal seniority of rank the appointment returns to the one who has the highest service seniority. An equal seniority of service the appointment returns to the oldest.
This provision is not applicable to the Chief Clerk.
Art. 116. The secretaries and staff of the Office of the Attorney General's Attorney General's Office at the Military Court resumed on a temporary basis who are delegated in the rank of their appointment to a Public Prosecutor's Office or the Federal Prosecutor's Office are appointed with their consent as soon as a place becomes vacant and as long as they have received the "very good" mention.
In the event that a number of persons from the Office of the Prosecutor General's Office to the Military Court who meet the requirements of paragraph 1^er, are delegated in the same prosecutor's office, the appointment is the one that has the highest grade seniority. An equal seniority of rank the appointment is the one with the highest service seniority. An equal seniority of service the appointment returns to the oldest.
This provision is not applicable to the Chief Secretary.
Art. 117. Clerks and officers of the war council's office resumed in the temporary framework who are delegated in the grade of their appointment in a court of first instance or a police court are appointed with their consent as soon as a place becomes vacant and as long as they have obtained the very good assessment. In addition, this appointment can only take place as long as it complies with the Act of 15 June 1935 concerning the use of languages in judicial matters.
In the event that a number of persons from the War Council Registry who meet the conditions set out in paragraph 1^er are delegated in the same office or prosecutor's office, the appointment is the one with the highest grade seniority. An equal seniority of rank the appointment is the one with the highest service seniority. An equal seniority of service the appointment returns to the oldest.
This provision is not applicable to the Chief Clerk.
Art. 118. The Clerks of Service who are appointed as Clerk in a court of appeal or a court of first instance or a police court or a public prosecutor's office shall retain their mandate as chief of service in a personal capacity. The renewal of the mandate is subject to the provisions of the Judicial Code.
Art. 119. The secretary-chief of service, who is appointed secretary in a public prosecutor's office or a public prosecutor's office or the federal public prosecutor's office, retains his mandate as chief of service in a personal capacity. The renewal of the mandate is subject to the provisions of the Judicial Code.
Art. 120. The provisions of Part II, Book II, of the Judicial Code are applicable to magistrates, clerks, secretaries and staff of the offices and prosecutors in the course of extinction.
In addition, the provisions of Part II, Book I^erPart VI, Chapter Vquinquies of the Judicial Code are applicable to judges.
Magistrates, clerks, secretaries and staff of the offices and the public prosecutor's office resumed in the temporary executives delegated in a court, a prosecutor's office, a court office or a public prosecutor's office are, for evaluation and discipline, supposed to be appointed to the rank in which they are delegated.
Art. 121. The appointments referred to in articles 115, 116 and 117 shall be made without the application of articles 262, 273, 287 and 287 bis of the Judicial Code and without further oath.
Art. 122. The President of the Military Court continues to receive, as a personal measure, the salary and salary increases associated with it until the day on which he retired, resigned, resigned as an ex officio, dismissed or died. It also retains these benefits in the event that it is appointed or designated, of its consent, to perform functions to which lower treatment is linked.
Art. 123. The Auditor General and the Military Auditor continue to receive, in their personal capacity, the salary and salary increases associated with it, until the day on which they are retired, resigned, resigned, revocation, death or, where appropriate, their appointment or designation, their consent, to another function to which a higher salary is attached.
Art. 124. The first general lawyer, the general lawyer near the Military Court and the first military auditor substitutes retain their personal mandate. However, the provisions of the Judicial Code relating to Deputy Warrants and Article 102, § 2, of the Act of 22 December 1998 amending certain provisions of the second part of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of magistrates and establishing an assessment system for magistrates are applicable to them.
Art. 125. The application of this Act shall not affect the salaries, salary increases, salary supplements and pensions of judges, clerks, secretaries and staff of the office of the office of the office of the public prosecutor and the public prosecutor ' s office in temporary positions at the time of its entry into force.
Art. 126. When a magistrate, clerk, secretary or staff member resumed in the temporary context is appointed or designated in a civil court, he or she shall be on the date of his or her appointment or appointment as a member of the military court.
Art. 127. The functions of the Military Court Registry are assimilated to a court of appeal's office.
Art. 128. The functions of the Office of the Attorney General's Attorney General's Office at the Military Court are assimilated to the functions of the Prosecutor's Office near a court of appeal.
Art. 129. The functions of the war council's office are assimilated to functions in a court office or a court office.
Art. 130. Pursuant to section 309bis of the Judicial Code, inserted by section 94 of this Act, a first list is arrested within two years of the coming into force of this Act.
The magistrates, members and staff of the Registry of the Military Court and the War Council, the members and staff of the secretariat close to the general auditory of the Military Court who exercise or have served in the military courts at the time of the entry into force of this Act are exempted from the patent in military techniques.
Officers, as well as former officers of the Armed Forces Active or Reserve Officers, are exempted from the military patent.
Art. 131. The Minister of Justice and the Minister of Defence shall jointly take all measures to implement the provisions of this Act immediately upon the proclamation of the wartime. They also provide the necessary resources for both personnel and equipment, for missions to be held in peacetime outside the national territory.
Art. 132. The King determines the final destination of the records produced and received by the courts deleted.
CHAPTER VIII. - Final provision
Art. 133. This Act comes into force on the date fixed by the King.
Promulgons 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 10 April 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Minister of Defence,
A. FLAHAUT
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2002-2003
House of Representatives
Parliamentary documents 50-2108:
001: Bill
002: Amendment
003: Amendments
004: Amendments
005: Amendments
006: Amendment
007: Report made on behalf of the Commission
008: Text adopted by the Justice Commission
009: Text adopted by the Commission
010: Text adopted in plenary and transmitted to the Senate
Senate
Parliamentary documents 50-1535
001: Project transmitted by the House
003: Report made on behalf of the Commission
004: Text corrected by commission
005: Amendments reassigned after approval of the report