Act Regulating The Abolition Of Military Tribunals In Peacetime As Well As Keeping Them In Time Of War (1)

Original Language Title: Loi réglant la suppression des juridictions militaires en temps de paix ainsi que leur maintien en temps de guerre (1)

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Posted the: 2003-05-07 Numac: 2003009370 Ministry of defence and SERVICE PUBLIC FÉDÉRAL JUSTICE April 10, 2003. -Law governing the abolition of military tribunals in peacetime so that keeping them in time of war (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
Member adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
Chapter I of title II of the Organization of military courts in time of war. -Provisions general article 2. the time of war is set in accordance with article 2 of the Act of 20 May 1994 concerning implementation of the armed forces, to the implementation in condition as well as the periods and positions in which the military can be found.
S. 3. There is, for wartime, permanent military courts and military court headquarters and the jurisdiction shall be determined by the King. The permanent military courts and the military court are installed on the date fixed by 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 establish military courts in campaign accompanying the army fractions determined by him. Special military courts in the countryside can also be created in cases and in the manner referred to in article 17.
S. 4 § 1. No magistrate's seat may be appointed president of the military court or military tribunal, president of effective or alternate of a court-martial or military court, room effective investigative judge or substitute if it has not previously been appointed Magistrate of reserve for wartime.
No magistrate of the Crown may be designated magistrate effective or substitute of the Crown near a military court or military court, if it has not previously been appointed Magistrate of reserve for wartime.
The King refers to the magistrates of reserve among the civil magistrates for a renewable period of nine years.
The designations which expire in time of war should be extended ex officio.
§ 2. No magistrate can be appointed Magistrate of reserve if it is not the holder of a patent in military techniques for less than five years by the Ministry of defence. The military technology patent certifies that the magistrate has followed a basic military training provided in the manner established by the Minister of defence.
The military technical patent remains valid as long as its holder can provide a certificate issued by the Ministry of defence to those who have followed refresher courses organised every five years.
§ 3. The King shall also doctors or licensed in law that can be called to perform the duties assigned by this Act to the magistrates, provided that they have a useful minimum of 3 years legal experience and holds a certificate in military technology or of the certificate provided for in § 2, paragraph 2, issued for less than 5 years by the Ministry of defence.
It can be appealed to a doctor or a law degree when exceptional circumstances prevent the appointment of a magistrate to reserve.
§ 4. Simultaneously with the adoption of the royal decree for the mobilization of the army, the Minister of Justice refers, depending on needs, reserve judges and doctors or licensed right to reserve called to exercise functions in the military courts, respectively, or in the military court. The draw, hosted by the Minister of Justice, determines what are called reserve magistrates to carry out functions as a full member and those called to exercise power as a substitute.
If necessary, designations may intervene after the adoption of the royal decree for the mobilization of the army. May be made to designations of the magistrates of the public prosecutor's office.
The Minister of Justice puts an end to the designations as the decrease in the activity of military courts.
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5. The auditor general may, if necessary, appoint judges among the framework of reserve of the magistrates of the public Ministry to accompany troops abroad.
S. 5. no person may be designated to perform functions, such as strength or alternate, at the registry of the military court or the registry to a military tribunal if it has not previously been appointed member of a wartime reserve transplant.
Members of reserve for wartime grafts are designated by the King for a period of nine years, renewable, among the Chief Registrars, chief clerks, clerks, deputy clerks, writers or employees of graft.
The designations which expire in time of war should be extended ex officio.
Simultaneously with the adoption of the royal decree for the mobilization of the army, the Minister of Justice means, depending on the needs, the registry of reserve members called respectively perform the duties of clerk or member of the staff of registry in a military court or military court. The draw, hosted by the Minister of Justice, determines what the registry of reserve members called to exercise functions such as full member and those called to exercise power as a substitute.
If necessary, designations may intervene ex officio or subsequent to the adoption of the royal decree for the mobilization of the army. No person shall be appointed member of a registry of reserve if it is not the proprietor of the patent in military technology or of the certificate provided for in article 4, § 2, issued less than five years by the Ministry of defence.
The Minister of Justice puts an end to the designations as the decrease in the activity of military courts.
S. 6. no person shall be appointed to serve as actual or substitute within the secretariat of parquet of the auditor's office near a military tribunal or the secretariat of the general prosecutor at the military court prosecutor's office if it has not previously been appointed as member of a secretariat of public prosecutor in reserve for wartime.
Members of the secretariats of parquet of reserve for wartime are appointed by the King for a period of nine years, renewable, among the Chief Secretaries, head of department secretaries, Secretaries, Assistant Secretaries, translators, writers and employees. The designations which expire in time of war should be extended ex officio.
Simultaneously with the adoption of the royal decree for the mobilization of the army, the Minister of Justice designates, according to needs, the secretariat of parquet of reserve members called respectively functions to the secretariat of parquet of the auditor's office near a military tribunal or to the secretariat of parquet near general prosecutor at the military court. The draw, hosted by the Minister of Justice, determines what the secretariat of parquet of reserve members called functions as an effective member and those called to exercise power as a substitute.
If necessary, designations may intervene ex officio or subsequent to the adoption of the royal decree for the mobilization of the army. No person shall be appointed member of a secretariat of public prosecutor in reserve if it is not the proprietor of the patent in military technology or of the certificate provided for in article 4, § 2, issued less than five years by the Ministry of defence.
The Minister of Justice puts an end to the designations as the decrease in the activity of military courts.
S. 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 grafts and secretariats of parquet are applicable in time of war.
Reserve judges, members of the registries of reserve and members of the secretariats of parquet of reserve which actually functions in a military court or military court retain their compensation.
Those who are delegated to perform higher functions benefit from the pay and benefits attached to the functions they perform by delegation if they are higher.
The doctors or licensed in law designated to perform duties of magistrate receive base salary, as defined by section 355 of the Judicial Code, allocated to the magistrate of the seat or the Crown which they exercise the function. Article 365, § 1, paragraphs 1 and 2, of the Judicial Code their shall apply by analogy.
CHAPTER II. -Military courts Section 1st. -The seat sub-section 1. -Permanent military courts art. 8. permanent military courts are composed of a French maid, a Dutch room, a German Chamber and a Chamber of the Council.
Apart from the Council Chamber, the Chambers are composed: 1 ° a judge or, in the case referred to in article 4, § 3, paragraph 2, of a doctor or licensed right other than a member who presides over the room;
2 ° of a senior officer, assessor;
3 ° to a junior officer with at least the rank of Captain, assessor.
S. 9. the Council Chamber is composed of a single judge or, in the case referred to in article 4, § 3, paragraph 2, of a doctor or Bachelor of law of Commons knowing the language of the accused.
S. 10. the King shall

for each military tribunal an investigating judge judges reserve or, in the case referred to in article 4, § 3, paragraph 2, the doctors or licensed right to reserve.
S.
11. the military courts are presided over by a judge appointed from among the judges of reserve.
S.
12 § 1. Designated reserve effective member of a military tribunal prosecutors are automatically exempted their other judicial functions, and any military obligation other than judicial on the entry into force of the royal decree referred to in article 3, paragraph 1, as long as, in fact, they are called to carry out duties in a military court.
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2. When a president of Chamber or a judge is prevented, the president of the court appoints the substitute among the alternate reserve judges appointed to sit in this court warrant in accordance with the Act of 15 June 1935 concerning the use of languages in judicial matters of the knowledge of the same language. The replacement is immediately provided his other judicial functions, and any military obligation other than judicial.
When the president of a military court is prevented, it is replaced by a president of Chamber designated by him.
If he can designate his replacement, president is replaced by the resulting reserve magistrate of the seat to sit in this Court having the highest seniority of service.
§ 3. Judges members of the military courts and their deputies receive honours prescribed for senior officers in the army.
S. 13 § 1. Each assessor of a military tribunal has two alternates.
Assessors and their alternates are appointed, for a term of three months, by raffle among officers at least equal to that of captain in service in the fraction of the army or the territory for which the military tribunal is established.
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2. At the beginning of each period of three months, the Minister of defence transmits to the president of the military tribunal the lists of officers on active service of rank at least equal to that of captain in the fraction of the army or the territory for which the military tribunal is hereby established.
Lists indicate the role language of each officer and if it justifies, in accordance with article 49, paragraphs 6 and 8 of the Act 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 proceeded to the draw of the full and alternate assessors.
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4. Each assessor prepared at the request of the military auditor, at the beginning of the first hearing at which it is called to serve the following oath: 'I swear to faithfully perform my duties of assessor, to keep the confidentiality of the proceedings and the translated persons before us, without hatred, without fear, without complacency, with the only desire to execute the Act.' § 5. In every judgment of the military court, there is mention of the minutes of the draw lots.
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6. When a defendant is officer, no judicial function cannot be fulfilled towards him by an officer of a rank less than or less old in the same grade.
S. 14. the prevented assessor is replaced by an alternate or, in the absence of alternate, by the officer that follows in the General list.
S.
15. the Commander of the headquarters of a military court may order the renewal of the court assessors, whenever this measure is justified by the movements of the body of troops of the garrison.
Sub-section 2. -Military courts in the field s. 16 § 1. The military courts in the countryside are composed in the same way as permanent military courts except in exceptional circumstances constituent to a State of necessity.
§ 2. When the constituting exceptional circumstances of necessity do not allow the designation of judges reserve or doctors or licensed right to reserve or when they are prevented, the Commander of the fraction of the army or the territory for which the military tribunal in the country is established means, for a term which may not exceed three months doctors or licensed in law, or failing that, senior officers to perform the duties of judge.
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3. Where the constituting exceptional circumstances of necessity make the appointment of a judge from impossible statement the functions of examining magistrate may be exercised by a judge of the Crown near the military tribunal in the countryside, which will no longer intervene as a magistrate of the Crown in this procedure. Absence of the public prosecutor magistrate investigating judge functions can be performed by a doctor or a licensee in law or by an officer. This officer cannot carry out the duties of instructor and assessor during a single procedure.
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4. In case of impediment of the assessors and their substitutes, the Commander of the fraction of the army or the territory for which a military court in campaign is established means officers to perform their duties for a term which may not exceed three months.
§ 5. When a defendant is officer, no judicial function cannot be fulfilled towards him by an officer of a rank less than or less old in the same grade.
Subsection 3 of military courts in extraordinary campaign art. 17 § 1. When a place is invested or is in circumstances that constitute the State of siege under the Decree-Law of October 11, 1916, on the State of war and the State of siege, the Commander may establish a military tribunal in the extraordinary countryside.
In these circumstances, the military tribunal in the countryside is composed of a criminal chamber and a Chamber of the Council.
Each military tribunal in campaign is chaired by a senior officer that warrants pursuant to section 49 of the Act of 15 June 1935 concerning the use of languages in judicial matters of knowledge of the language of the person being prosecuted.
§ 2. Investigating judge functions can be performed by the officer to perform the duties of magistrate of the Crown. This officer cannot carry out the duties of instructor and assessor during a single procedure.
§ 3.
The Commander is a senior officer of the highest rank to sit in the Chamber of the Council.
§ 4. Addition officers designated to perform the function of judge, Commander means two assessors, and two alternate assessors to sit in the chambre correctionnelle respecting as far as possible the rules prescribed for the composition of military tribunals.
In case of impediment of the assessors and their substitutes, the Commander of the fraction of the army or the territory for which a military court in extraordinary campaign is established means officers to perform their duties for a term which may not exceed three months.
§ 5. During the composition of the Chambers, the Commander designate officers which justify, in accordance with article 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 a defendant is officer, no judicial function cannot be fulfilled towards him by an officer of a rank less than or less old in the same grade.
S.
18. the royal decree establishing the military tribunal in extraordinary campaign may instruct the Minister of defence to designate a general officer or above who will fulfill the duties to the Commander of the fraction of the army or the territory.
Section 2. -Departmental public Sub-section 1. -Members of the Prosecutor's public arts. 19. the functions of the public prosecutor at the permanent military court are exercised by a military prosecutor under the supervision and direction of the auditor general at the military court.
S. 20. the military prosecutor is assisted by one or more first substitutes or substitutes for the military auditor or doctors or licensed right to reserve placed under its supervision and its immediate direction.
S.
21. the magistrates of designated military Auditors, first alternatives reserve and effective substitutes for the military auditor are automatically exempted their other judicial functions, and any military obligation other than judicial on the entry into force of the royal decree referred to in article 3, paragraph 1, provided that, in fact, they are called to exercise functions in a military tribunal or a military tribunal in the countryside.
S. 22. the military auditor maintains a registry of judgments, in which are entered the names of all persons tried by the military court with the qualification of the offences, decision, the dates of the remedies of appeal or cassation, the decisions taken, the dates of the beginning and the end of the execution of sentences, the place where these penalties are incurred and the discounts or reductions of sentences granted by the King.
S. 23. the military auditor, first surrogates and substitutes of the military auditor receive honours prescribed for senior officers in the army.
S.
24A its entry into service, the military auditor shall prepare an inventory of archives and objects which he is responsible. He transmits a copy to the auditor general. The date fixed by the King for the surrender of the army on foot of peace, it transmits all the archives in the correctional office of the Court of first instance of Brussels.

Sub-section 2. -S. Justices 25. when exceptional circumstances prevent the appointment of a professional magistrate of reserve call is made to a doctor or a reserve law degree.
When circumstances permit neither the designation of magistrate reserve or doctor or Bachelor of right to reserve or when they are incapable, the Commander of the fraction of the army or the territory for which military field tribunal is established, means a doctor or licensed in law or failing that, a senior officer to perform the duties of magistrate of the Crown. The designated person must know the language of the accused. It takes the oath provided for in article 13, § 4.
S. 26 when a place is invested or is in circumstances which, according to the Decree-Law of October 11, 1916, on the State of war and the State of siege, constitute the State of siege, Commander designates a senior officer to serve as the magistrate of the Crown. The officer takes the oath provided for in article 13, § 4.
Section 3. -The registry article 27. There is a registry with each military tribunal. The registry is composed of a Chief Clerk, clerks Chief service, registrars, Deputy Registrars, editors and employees.
S. 28. those designated as effective of a registry of reserve members are automatically exempted from their other duties in a registry and any military obligation other than judicial on the entry into force of the royal decree referred to in article 3, paragraph 1, as long as, in fact, they exercise functions in a registry.
S. 29. in the case of impediment, Member of the registry or the registry staff is replaced by an alternate designated by the president of the tribunal among alternate members of the registry of reserve. The alternate is immediately given its other functions and any military obligation other than judicial.
S. 30 when the number of registry must be completed with a view to the proper functioning of the military courts, the Minister of Justice, with the assent of the Crown Procurator, delegates functions equal to or above, registrars, Deputy Registrars, editors or employees of the registries civil, holders of the patent in military technology or of the certificate provided for in article 4, § 2, issued for less than five years by the Ministry of defence.
S.
31. as required, the Minister of defence may designate soldiers to perform duties within the registry.
In addition, when it is not possible to appeal to a member of the registry of reserve or a member designated by the Minister of defence, the Commander may designate one or more members to perform the duties within the registry.
S. 32. the Chief Clerk and his Deputy receive honours prescribed for junior officers in the army.
Section 4. -TBS s. 33. There are nearly every military court a secretariat of public prosecutor of the military prosecutor's office composed of a Chief Secretary, Secretaries head of Department, Secretaries, Assistant Secretaries, translators, editors and employees, whose number is set by the King.
S. 34. those who have been appointed member of the secretariat of public prosecutor in reserve are exempted automatically from their other duties in a secretariat of parquet and any other than judicial military obligation upon the entry into force of the royal decree referred to in article 3, paragraph 1, provided that in fact they exercise a function within a secretariat of parquet.
S.
35. in the case of impediment, the Member of the staff of the secretariat of parquet is replaced by an alternate designated by the president of the tribunal among alternate member of the secretariat of public prosecutor in reserve.
The alternate is immediately given its other functions and any military obligation other than judicial.
S. 36. when parquet secretariat staff must be completed for the good functioning of the secretariats of parquet about military courts, the Minister of Justice delegates to functions equal or higher, with the assent of the Attorney general or the Attorney of the King, Secretaries, Assistant Secretaries, translators, editors and employees, licensees of the patent in military techniques, or the certificate provided for in article 4 § 2, issued less than five years by the Ministry of defence.
S. 37. as required, the Minister of defence may designate soldiers to perform the functions within the secretariat of parquet. In addition, when it is not possible to appeal to a member of the secretariat of public prosecutor in reserve or a member designated by the Minister of defence, the Commander may designate one or more members to exercise the functions within the secretariat of parquet.
S. 38. the Chief Secretary and his Deputy receive honours prescribed for junior officers in the army.
CHAPTER III.
-The Court's military Section Ire. -Registered office art. 39. the military court is composed of a French maid, a Dutch Chamber, a German Chamber and a Chamber of indictments.
S. 40. Apart from the indictments chamber, the Chambers are composed: 1 ° a counsellor to the Court of appeal or in the case referred to in article 4, § 3, paragraph 2, of a doctor or licensed right other than a member who presides over the room;
2 ° to a colonel or lieutenant colonel assessor;
3 ° to a major, assessor.
S. 41. the indictments chamber consists of a magistrate in the case referred to in article 4, § 3, paragraph 2, of a doctor or a licensee in right to reserve or reserve.
S. 42. the president of the military court is an adviser to the Court of Appeal appointed from among the judges of reserve.
S.
43 § 1. The magistrate of designated reserve effective president or effective Chamber president of the military court is provided automatically its other judicial functions and any other than judicial military obligation upon the entry into force of the royal decree referred to in article 3, paragraph 1, provided that in fact it performs functions in the military court.
§ 2. When a speaker of House is prevented, it is replaced by an alternate designated by him. If he cannot appoint her replacement, the president is replaced by the Counsellor to the Court of appeal of the reserve with the seniority of the highest function. This alternate is immediately provided of its judicial functions.
§ 3. President, the president of Chamber of the military court and alternates receive army honours prescribed for General officers.
S. 44. each assessor of the military court has two alternates.
The assessors and their alternates are appointed by raffle for a three-month session.
At the beginning of each period of three months, the Minister of defence shall transmit to the president of the court lists of officers in active service of higher grade than that of the master.
Lists indicate the role language of each officer and if it justifies, in accordance with article 49, paragraphs 6 and 8 of the Act 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 proceeded to the draw of the full and alternate assessors.
S.
45. If the number of alternates is insufficient to constitute the Court, it is supplemented by an additional draw.
S. 46. when a defendant is officer, no judicial function cannot be completed against him by an officer of a rank less than or less old in the same grade.
S.
47. the Minister of Justice and the Attorney general at the Court of cassation will receive copies of the minutes of the draw of effective assessors and their substitutes.
S. 48. each assessor ready, at the request of the auditor general, at the beginning of the first hearing at which it is called to serve the following oath: "I swear to faithfully perform my duties of assessor, to keep the confidentiality of the proceedings and prosecution of persons brought before us without hatred, without fear, without complacency, with the only desire to execute the law."
S. 49. the rules of procedure of the military court is established by the King on the advice of the Court.
Section II. -The public prosecutor s. 50. the functions of the public prosecutor at the military court are exercised by the auditor general.
He is assisted by a first general counsel and one or several attorneys the Court military and by one or more substitutes the auditor general or doctors or licensed in right to reserve, placed under its supervision and its immediate direction.
S.
51. effective public Ministry of reserve judges are automatically exempted from their other judicial functions upon the entry into force of the royal decree referred to in article 3, paragraph 1, provided that in fact they exercise functions within general prosecutor at the military court.
S. 52. the prevented the Crown is replaced by a magistrate of the Crown's alternate reserve designated by the auditor general. This alternate is immediately delivered his other judicial provided functions that in fact he carries out functions within general prosecutor at the military court.
S. 53. the auditor general can fill itself the functions of the jurisdiction of military Auditors and it has right to occupy the seat of the Crown before the military courts.
S. 54. the auditor general shall exercise the

surveillance on members of the public prosecutor of the military tribunal and the military court.
S.
55. the auditor general, the first general counsel and General Counsel receive honours prescribed for General officers in the army.
Substitutes the auditor general receive honours prescribed for senior officers in the army.
Section III. -The registry article
56. There are from the military court a registry consisting of a Chief Clerk, clerks Chief of service, registrars, Deputy Registrars, editors and employees, whose number is set by the King.
There may be in the registry of the military court of the military appointed by the Minister of defence.
S. 57. those who have been appointed member of a registry of reserve are automatically exempted from their other duties in a graft from the entry into force of the royal decree referred to in article 3, paragraph 1, provided that in fact they exercise functions in the office of the military court.
S. 58. the Minister of Justice may delegate of editors and employees of a civil registry, holders of the patent in military technology or of the certificate provided for in article 4, § 2, issued for less than five years by the Ministry of defence to carry out functions in a registry.
S. 59. the clerk is the records and entries determined by the rules of court or ordered by the president or by the Minister of Justice.
S.
60. the Chief Clerk and his Deputy receive honours prescribed for junior officers in the army.
Section IV. -TBS s. 61. There is the military court a parquet of the auditor's general office secretariat composed of a Chief Secretary, Secretaries head of Department, Secretaries, Assistant Secretaries, translators, editors and employees, whose number is set by the King.
There may be to the secretariat of the Prosecutor's office of the general prosecutor at the military court of the military appointed by the Minister of defence.
S. 62. those who have been appointed as a member of the secretariat of the Prosecutor's office of reserve are automatically exempted from their other duties in a secretariat of parquet from the entry into force of the royal decree referred to in article 3, paragraph 1, provided that in fact they exercise functions to the secretariat of the public prosecutor of the military court.
S. 63. as required, the Minister of Justice may designate secretaries and staff of other secretariat of parquet, patentees in military technology or of the certificate provided for in article 4, § 2, issued for less than five years by the Ministry of defence, to complement the secretariat of parquet.
S. 64. the Chief Secretary and his Deputy receive honours prescribed for junior officers in the army.
TITLE III. -Chapter I of the jurisdiction of military courts.
-Competence of the military courts and the courts of common law Section Ire. -After the proclamation of wartime art. 65. in time of war, the ordinary criminal courts remain competent for all cases which the public action in times of peace.
S. 66 when the territory of the Kingdom no common law jurisdiction does exist or doesn't work in one place invested or in circumstances constituting the State of siege under the law, all persons present in the territory are tried by military courts for all offences.
S. 67. when the functioning of the military courts is suspended because the enemy, common law jurisdictions are competent for offences within the jurisdiction of military courts, as well as for the persons subject to those courts.
Section II. -After the proclamation of the end of wartime art. 68 § 1. Upon the entry into force of the royal decree that puts an end to war taken in accordance with article 2, cases pending before military courts are included office and free of charge to the general common law jurisdictions role, as follows: 1 ° to the role of the police court, all matters which in accordance with the Code of criminal investigation within its jurisdiction;
2 ° to the role of the Correctional Court, all matters which in accordance with the Code of criminal investigation within its jurisdiction;
3 ° to the role of the Court of appeal, all matters which in accordance with the Code of criminal investigation within its jurisdiction.
§ 2. Matters which are within the jurisdiction of the Court of Assizes will be transmitted to the indictments chamber, which may decide to correction-penalize or go to the Court of Assizes.
§ 3. The territorial jurisdiction of the courts referred to the § 1 or room charges referred to in § 2, is fixed in accordance with the Code of criminal procedure.
For cases which fall within the jurisdiction of courts-martial in campaign or special military courts in the field courts established in Brussels are competent.
S. 69. the appeals or objections against decisions of a court removed are brought before the Court called to know such appeals or objections in accordance with article 68.
S. 70. the Chief Clerk of the suppressed military court sends records to the Chief Clerk of the competent court.
S. 71. cases for which a judicial investigation is pending are transmitted by the clerk in head of the Court to the territorially competent investigative judge under article 108, paragraph 3, of the Code of criminal procedure.
S. 72. cases for which no judicial investigation is pending are transmitted by the military auditor to the territorially competent prosecutor under article 108, paragraph 3, of the Code of criminal procedure.
CHAPTER II.
-From the jurisdiction of the military courts arts. 73. upon the entry into force of the royal decree of mobilization of the army under article 2, the subject people, during the perpetration of unlawful because, under penal military law under sections 14 to 14 of the Act of May 27, 1870, containing the military penal Code, fall within the competence of military tribunals for all offenses against the laws military or ordinary criminal laws.
It goes same for persons who are attached, in any capacity whatsoever to the army or who are allowed to follow a company body which is part.
S. 74. the prisoners of war and foreign fall under the jurisdiction of the military courts for all crimes they have committed against the criminal law Belgian ordinary.
S. 75. § 1. In addition, prisoners of war are subject to Belgian military laws for the following offences: 1 ° the treason and espionage;
2 ° participation in a revolt under the military penal Code committed by Belgians or foreigners;
3 ° the participation to a desertion with conspiracy committed by Belgian soldiers;
4 ° violence and insults towards a Belgian member of a higher grade than that which they themselves are coated in the army of their country, or against a Sentinel.
5 ° the offences referred to in article 14 of the Act of May 27, 1870 containing the military penal Code committed to a superior of their army;
6 ° insubordination under article 28 of the Act of May 27, 1870, containing the military when Criminal Code order emanates from a Belgian military rank higher than theirs.
§ 2. Non-military same aliens who, in time of war, took refuge on the Belgian territory are subject to the Belgian military laws for the infringements referred to the § 1, 1 °, 2 ° and 3 °, and for violence and contempt towards the soldiers responsible to supervise or towards a Sentinel.
When the criminal law is applied to a foreign military, the penalty is determined, regardless of any rank, as against a person not belonging to the army.
S. 76. the military courts are aware of offences set forth in book II, title I, chapter II, of the penal Code.
S. 77. whatever the quality of the person, in time of war, common law courts remain competent for all offences reprimées by the Act of 16 June 1993 concerning the punishment of serious violations of international law humanitarian.
S. 78. the military courts hear offences under their jurisdiction in time of war under special penal laws.
CHAPTER III. -From the jurisdiction of the Court military arts. 79. the military court hears appeal from judgments of the military tribunal.
Title IV (former title III). -Of the proceedings article
80. in time of war, the powers of the Prosecutor of the King are exercised by the military auditor, those of the examining magistrate by the investigating judge about military tribunals and those of the Attorney general by the auditor general at the military court, in accordance with the law of 10 April 2003 regulating the procedure before military courts and adapting various legal provisions following the abolition of the military in times of peace courts.
S. 81. the judicial police powers are exercised under the authority of the military court where the facts may be judged by military courts.
S. 82. the jurisdiction of the Board of the Council and the Chamber of the charges laid down by the pre-trial detention Act of 20 July 1990 are carried out by the military court Council Chamber and the Chamber of indictments

the military court.
TITLE v - Provisions amending and various chapter I. -Changes of the Code of criminal investigation article 83. in the Code of criminal procedure, article 24A is inserted, worded as follows: «art.» 24A.-judges who in times of peace and in accordance with article 309bis of the Judicial Code, are allowed to accompany Belgian military troops abroad, perform all their responsibilities with respect to the persons referred to in article 10bis of the preliminary title of this Code as if they were on the territory of the Kingdom. » Art. 84. article 62A of the same Code is supplemented by a new subparagraph as follows: "in time of peace, when it is seized of acts committed abroad which may be prosecuted in Belgium under article 10bis of the preliminary of this Code, the investigating judge has all its responsibilities as if the facts had been committed on the territory of the Kingdom.". In this case, when the defendant has no residence in Belgium, examining magistrate of the Court of first instance of Brussels are competent. » Art. 85 A article 216bis, § 3, of the same Code, the words "to the officers of the public prosecutor about military courts," are deleted.
S. 86. in articles 479 and 483 of the Code, the words 'a general commanding a division,' shall be deleted.
S. 87 article 527 of the Code, amended by the law of July 10, 1967, the words "in time of war", is inserted between the 'military' and the word ', or ' and the words ' a military police officer, or ' are deleted.
CHAPTER II. -Changes of Code judiciary art. 88. article 58, paragraph 2, of the Judicial Code is repealed.
S. 89A article 58A of the same Code, inserted by the law of December 22, 1998 and amended by the law of June 21, 2001, the following changes are made: 1 ° to point 1, the words 'the military auditor replacement', and "replacement of the auditor general at the military court," shall be deleted;
2 ° to point 2 °, the words "military auditor", "and president of the military court", and "auditor general at the military court," shall be deleted;
3 ° to point 3 °, the words "first substitute for the military auditor", and "first general counsel and general counsel at the military court," shall be deleted.
S. 90. a 144quinquies article as follows shall be inserted in the same Code: «art.» 144quinquies. - in peacetime, the federal prosecutor is notified of offences which, under article 10bis of the preliminary title of the Code of criminal procedure may be prosecuted in Belgium. Notice it is provided directly, without prejudice to the provisions of article 29 of the Code of criminal investigation, either by the commanders of the military units stationed abroad, either by members of the federal police charged, in accordance with article 112 of the Act of 7 December 1998 organizing a police service, structured on two levels, to ensure the military police.
When, pursuant to section 309bis, a magistrate of the Crown is present in the theatre of operations, the notice referred to in the preceding paragraph given directly.
Without prejudice to article 144ter, the federal prosecutor decides that a Prosecutor either himself exercising public action in the cases referred to in this article. The decision is, unless urgent circumstances and necessary, taken after consultation with the Prosecutor.
No recourse is open against this decision. No nullity cannot be raised in sharing of jurisdiction between the Prosecutor and the federal Attorney concerning the exercise of public action. » Art.
91a article 259a-1, § 2, paragraph 2, of the same Code, inserted by the law of December 22, 1998 and amended by the law of June 21, 2001, the words "military courts", shall be deleted.
S.
92A article 259octies of the Code, inserted by the law of December 22, 1998 and amended by the law of June 21, 2001, the following changes are made: 1 ° to § 2, the words 'and/or the military Auditor', the words 'or to the Council of war,"and the words"or the auditor general"are deleted;
2 ° in § 3, the words 'and/or the military Auditor' and the words 'or the auditor general' shall be deleted;
3 ° § 7, paragraph 3, is replaced by the following subparagraph: "the trainee has, for the duration of the internship at the Prosecutor's office of the Prosecutor of the King or for the duration of the internship at the Prosecutor's office of the auditor of the work quality officer of judicial police, auxiliary respectively of the Prosecutor of the King or the auditor's work, but he may not exercise the functions only on commissioning by the Attorney general";
4 ° to § 7, paragraph 4, the words 'or by the auditor general' and the words 'and/or the military auditor "shall be deleted;
5 ° to § 7, paragraph 8, the words "or of the auditor general" are deleted.
S. 93 A article 287quater, § 4, of the same Code, inserted by the law of 17 February 1997, "by the first president of the Court of appeal, the first president of the labour court or the first president of the military court and in relation to the other members, as appropriate, by the Attorney general at the Court of appeal or the auditor general at the military court" shall be replaced by the words "by the first president of the Court. appeal or the first President of the Court of labour and with regard to other members through the Attorney general about the Court of appeal.
S. 94. in book II, title 1st, of the same Code, it is inserted after article 309 a chapter V, as follows: "chapter v - of the judges allowed to accompany Belgian military troops abroad article 309bis.-in times of peace, magistrates of the public prosecutor may accompany the Belgian during military operations troops abroad when Justice and Defence Ministers decide together, following a report motivated by the military authorities, as warranted by special circumstances.
For this purpose, a list of magistrates of the public Ministry is stopped by the King after the opinion of the head of body and on a proposal from the College of Prosecutors General. They are chosen from among magistrates of the public prosecutor appointed for one year at least who respond to the call for candidates.
Designations of judges included in the list are valid for a renewable period of three years.
When sending a magistrate to accompany troops is justified pursuant to section 1, this magistrate is chosen by the federal prosecutor among federal judges, either among the judges on the list adopted by the King. In the latter case, the magistrate is delegated full rights to the federal prosecution for the duration of his mission.
The magistrate exercises this mission under the direction and the direct supervision of the federal prosecutor.
The magistrate accompanying troops must hold a certificate in military techniques issued by the Ministry of defence for less than five years.
Military technology patent certifies that the magistrate accompanying troops followed military basic training provided in the manner established by the Minister of defence.
The military technical patent remains valid as long as its holder can provide a certificate issued by the Ministry of defence to those who have followed refresher courses organised every five years.
Sending on mission of accompaniment of the troops may have no negative effect on the remuneration of the magistrate and cannot have any impact on the warrant listed in article 58bis, exercised, where appropriate, the person concerned. » Art. 95. article 315 of the same Code, as amended by the law of 21 December 1994, is supplemented by the following paragraph: "paragraphs 2 and 4 shall not apply to judges included in the temporary framework of the military court, clerks and staff taken grafts in the temporary framework of the Council of war or the military court prosecutor Secretaries and staff included in the temporary framework of the secretariat of Prosecutor's office of the general auditor's office near the military court. » Art. 96A article 327 of the Code, replaced by the law of 25 July 1974 and amended by the acts of 1 December 1994, 22 December 1998 and 17 July 2000 the following changes are made: 1 ° 1st paragraph is repealed;
2 ° the former paragraph 2, which becomes paragraph 1, is replaced by the following: 'without prejudice to the application of section 326, the Minister of Justice may, assent of the Attorney general which the magistrate, delegate judges of a Prosecutor of the Prosecutor of the King or the auditor of the work in the service of the King, or in federal public services with commissions agencies or Government offices. "
3 ° the former paragraph 3, which becomes paragraph 2 is replaced by the following: "the Minister of Justice may also, assent of the Attorney general responsible delegate judges of a parquet floor near an appellate court in the service of the King or in federal public services ';
4 ° in the former paragraph 4, which becomes paragraph 3, the words "2nd and 3rd" are replaced by the words "1st and 2nd";
5 ° the former paragraph 5 becomes paragraph 4.
S. 97. article 327bis, paragraph 1 of the same Code, inserted by the Act of 6 August 1993 and amended by the laws of August 10, 1998 and July 17, 2000 is replaced by the following provision: "without prejudice to the application of article 327, the Minister of Justice may, assent of the appropriate attorney general delegate to Service public federal Justice and to the.

Financial information from the magistrates of a parquet processing unit to carry out a specific mission determined by a legal or regulatory provision. » Art. 98A article 330 of the same Code, as amended by the laws of February 17, 1997, May 20, 1997, and March 24, 1999, the following changes are made: 1 ° 1st paragraph is replaced by the following provision: "the Minister of Justice may, without prejudice to the application of sections 328 and 329 delegate to other functions equal or superior in their registry or another registry federal public services or commissions agencies or offices Government, legal secretaries, clerks, clerks assistants, writers and employees of a court or tribunal.
Article 327bis can be applied to them in accordance with a legal or regulatory provision particular.
»;
2 ° in paragraph 2, «in departments or cabinets» shall be replaced by the words "in federal public services '.
S. 99. article 330bis, paragraph 1, of the same Code, as amended by the laws of February 17, 1997, May 20, 1997, on March 24, 1999 and April 12, 1999 is replaced by the following provision: "the Minister of Justice may, without prejudice to the application of article 329bis, delegate to other functions equal to or greater in their prosecution in the federal prosecution." in another floor or in federal public services commissions, agencies or Government offices of lawyers of parquet, Chief Secretaries, Secretaries, Secretaries assistants, translators, writers and employees of parquet. Article 327bis can be applied to them in accordance with a legal or regulatory provision particular. » CHAPTER III. -Amendments to the Act of 15 June 1935 concerning the use of languages in judicial matters art.
100a article 18 of the Act of 15 June 1935 concerning the use of languages in judicial matters, replaced by the Act of September 23, 1985, the following changes are made: 1 ° the § 1, paragraph 1, is replaced as follows: "In time of war, to the military courts, the procedure is made in french, Dutch or German depending on the choice of the accused.";
2 ° 'War Council' shall be replaced by the words 'military tribunal', 'the President of the judicial commission' shall be replaced by the words "the investigating judge or the Chamber of the Council".
S. 101 A article 22, paragraph 4, of the Act, as amended by the Act of September 23, 1985, 'War Council' shall be replaced by the words "military tribunal".
S. 102. article 25, paragraph 4, of the Act, replaced by the Act of September 23, 1985, is replaced by the following: "in time of war, before the military court in first and last resort, as well as to the Chamber of indictments near this Court, the language of the proceedings is determined in accordance with article 18.
S. 103a article 49 of the same Act, amended by the acts of 23 September 1985 and 21 December 1994, the following changes are made: 1 ° the § 1 is replaced by the following provision: «§ 1.» There German Chamber to 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 of the magistrates of the auditorat militaire' shall be deleted;
3 ° to the § 2, paragraph 3 is replaced by the following subparagraph: "the military auditor and president of the military tribunal must justify the knowledge of the language (s) used in the rooms of the military tribunal. However, when a military court is composed of rooms French, Dutch and German, they must justify the knowledge of both languages, their alternate to at least justify the third language. »;
4 ° § 2, paragraph 4, is replaced by the following paragraph: "as he presided over the French Chamber, either the Dutch or German room, the Adviser to the military court shall justify the knowledge of the French language, Dutch or German language.";
5 ° § 3, paragraph 1, is replaced by the following paragraph: "as he presided over the French Chamber, either the Dutch or German room, the judge of the military tribunal must justify the knowledge of the French language, Dutch or German language.";
6 ° to § 5 the words "as well as president and military members of a war Council' shall be replaced by the words"and the military members of a military tribunal. "
7 ° to § 6 the words "or of a Council of war" are replaced by the words "to a military tribunal."
8 ° § 7 is repealed;
9 ° to § 9, 'War Council' shall be replaced by the words "military tribunal".
S.
104A section 53 of the Act, as amended by the laws of the 15 February 1961, August 9, 1963, 23 September 1985, 11 July and 21 December 1994 and April 27, 2001, the following changes are made: 1 ° the § 1, paragraph 2 is replaced as follows: "in time of war must, however, justify the knowledge of the Dutch language the clerks who are attached to a Dutch Chamber of a military tribunal and German clerks who. are attached to a German Chamber of a military tribunal. »;
2 ° § 2, paragraph 2 is replaced by the following: 'however must justify the knowledge of the French language the clerks who are attached to a French Chamber of the Court of appeal of Ghent. In time of war must justify the knowledge of the French language, the clerks who are attached to a French Chamber of a military tribunal and the knowledge of the German language clerks who are attached to a German Chamber of a military tribunal. »;
3 ° to § 3, paragraph 1, the words "and the war Council" shall be replaced by the words "and, in time of war by a military court";
4 ° to § 4 "of a justice of the peace or a police court' shall be replaced by the words" of a justice of the peace, court police or, in time of war, of a military tribunal.
S. 105a article 54 of the Act, as amended by laws of 20 December 1957, 23 September 1985 and 21 December 1994, the following changes are made: 1 ° in § 2, paragraph 1, in limine shall be inserted the words "in time of war,";
2 ° in § 2, paragraph 2, in limine, are inserted the words 'To Brussels in time of war' and 'War Council' shall be replaced each time by the words "military court";
3 ° to the § 2, paragraph 3 is replaced by the following: "in time of war the German Chamber of the military court clerks and clerks at the German Chambers of military tribunals must justify the knowledge of the German language in the manner laid down in paragraph 1.
' CHAPTER IV. -Amendment of the Act of 16 June 1993 relating to serious violations of international humanitarian law Art. suppress 106. article 9 of the Act of 16 June 1993 concerning the punishment of serious violations of international law humanitarian is repealed.
Chapter V. - Amendment of the law of 18 March 1998 establishing the parole boards article
107 article 13 of the law of 18 March 1998 establishing the commissions of conditional release, the words "or the military auditor" are deleted.
CHAPTER VI. -Provisions repealing art. 108 are hereby repealed:-the Code of procedure for the army's July 20, 1814;
-order of the Sovereign Prince of July 20, 1814, which brings into force in the Netherlands maritime Codes, the Code of procedure for the army and the provisional statement for the military high court;
-the law of July 20, 1814, containing the interim for the military high court statement;
-the military penal Code of March 15, 1815;
-order of the Prince (William of Orange-Nassau) ruler of March 15, 1815, declaring enforceable in Holland the military penal Code and the rules of discipline;
-order of the provisional Government of November 9, 1830 to the publicity given to all cases brought before the boards of war;
-the Act of January 29, 1849, establishing a military court;
-the laws of June 15, 1899, including titles I and II of the Code of military criminal procedure;
-the royal decree of August 18, 1914, relating to the composition of the military court;
-the Decree-Law of 28 December 1915 on the appeal against the judgments of the Councils of war in the countryside;
-the Decree-Law of 5 January 1916 the national militia;
-the Decree-Law of January 27, 1916, regulating the procedure of appeal from judgments rendered by the Councils of war;
-the Decree-Law of 16 June 1916 for the competence of Councils of war in the countryside;
-articles 7 and 8 of the law-decree of 14 September 1918 on criminal law - changes;
-the royal decree of 18 November 1918 concerning the responsibility of the permanent councils of war;
-the Act of June 25, 1921, on the procedure by default before the military court;
-the Decree-Law of 18 September 1944 on permanent war councils;
-1 June 1949 Act now certain legal provisions in force notwithstanding the surrender of the army on foot of peace;
-the Act of May 30, 1951, allowing the King to extend certain provisions applicable in time of war or mobilization members of Belgian forces assigned to the implementation of measures decided by the Security Council of United Nations;

-the Act of March 9, 1954, regulating the exercise of the appeal in cassation against judgments and judgments of military jurisdiction;
-the royal decree of 14 January 1957 determining the functions of the Chambers in permanent war councils and is establishing temporary accommodation;
-the royal decree of 14 July 1971 relating to the use of languages in military courts.
CHAPTER VII. -Provisions transitional art. 109. the judges appointed to the military court, general prosecutor at the military court and the Council of war are integrated into a temporary framework with extinction.
The registrars and the registry staff appointed to the military court and the Council of war are integrated into a temporary framework with extinction.
Secretaries and staff of the secretariat of public prosecutor appointed to the general prosecutor's office near the military court are integrated into a temporary framework with extinction.
It may be provided that only once at each place of the temporary framework in the process of extinction.
The places that make up this framework are removed as and when their holders cease to occupy, as a result of appointment to other functions, retirement, resignation, dismissal or revocation, resignation of office or death.
S. 110 § 1. The temporary framework of the military court is composed as follows: President of the military court: 1 § 2. The temporary framework of general prosecutor at the military court is composed as follows: auditor-general: 1 first general counsel: 1 general counsel: 1 replacement of the auditor general: 1 § 3. The temporary framework of the auditor's office near the war Council is composed as follows: military Auditor: 1 first the military auditor substitutes: 9 the military auditor substitutes: 12 s. 111 § 1. The temporary framework of the office of the military court is composed as follows: Clerk-Chief of service: 1 clerks: 2 Editor: 1 employees: 2 § 2. The temporary framework of the registry of the war Council is composed as follows: Chief Clerk: 1 clerks-heads of service: 1 clerks: 21 Deputy Registrar: 1 editors: 6 employees: 6 § 3. The temporary framework Secretaries and staff of the secretariat of the general prosecutor at the military court prosecutor is composed as follows: Chief Secretary: Secretary-Chief of service 1: 1 Secretaries: 3 editors: 2 employees: 4 s. 112. the magistrates of the public prosecutor the Council of war and the magistrates of the public prosecutor at the military court in the temporary framework are delegated by the Minister of Justice about the Crown of a civil court. The delegations will be on the advice of competent counsel to which will be added the opinion of the auditor general during the first delegation.
They can also benefit from the application of articles 308, 327, paragraphs 2 and 3, and 327bis of the Judicial Code.
In addition to the opinion of the Attorney general, the first delegations will be on notice of the auditor general.
S. 113. the clerks and members of the staff of the registry of the military court and the Council of war in the temporary framework are delegated in a registry by the Minister of Justice in the rank of their appointment or designation.
Clerks and members of the registry of the Board of war can also be delegated within the secretariat of parquet close a parquet in the equivalent rank.
When from the delegation they benefit from the application of article 330, or those referred to in paragraph 2, article 330bis of the Judicial Code remains the delegation referred to paragraph 1 or 2.
S. 114. the Secretaries and members of the staff of the secretariat of Prosecutor's office of the general prosecutor at the military court in the temporary framework are delegated in a secretariat of Prosecutor's office by the Minister of Justice in the rank of their appointment or designation.
When from this delegation they benefit from the application of article 330bis of the Judicial Code, the delegation referred to in paragraph 1 remains.
S. 115. the registrars and the registry staff at the military court in the temporary framework that are delegated in the rank of their appointment in a registry of the Court of appeal there are named their consent as soon as a place becomes vacant and so far they have gotten "very good" evaluation In addition, this appointment may occur insofar as it respects the law of 15 June 1935 concerning the use of languages in judicial matters.
Where several people from the military court registry which fulfil the conditions laid down in paragraph 1 are delegated in the same registry, the appointment is equivalent to that which the highest grade seniority. Seniority of rank equal appointment returned to one that has the highest length of service. Equality of length of service appointment returned to the older.
This provision is not applicable to the Chief Clerk.
S. 116. the Secretaries and the staff of the secretariat of prosecutor general prosecutor at the military court in the temporary framework that are delegated in the rank of their appointment nearly a Prosecutor of the Attorney general or the Prosecutor's office of the federal Attorney's office there are named their consent as soon as a place becomes vacant and for as much as they have achieved 'very good '.
Where several people from the secretariat of the general prosecutor at the military court prosecutor, who fulfil the conditions laid down in paragraph 1, be delegated in the same secretariat of parquet, the appointment is equivalent to that which the highest grade seniority. Seniority of rank equal appointment returned to one that has the highest length of service. Equality of length of service appointment returned to the older.
This provision is not applicable to the Chief Secretary.
S. 117. the registrars and the registry staff of the Council of war in the temporary framework that are delegated in the rank of their appointment in a registry or a Prosecutor of a tribunal of first instance or a police court there are named their consent as soon as a place becomes vacant and provided that they have obtained the assessment very good. In addition, this appointment may occur insofar as it respects the law of 15 June 1935 concerning the use of languages in judicial matters.
Where several people from the registry of the Council of war which fulfil the conditions laid down in paragraph 1 are delegated in the same file or secretariat of parquet, the appointment is equivalent to one who has the highest seniority of rank.
Seniority of rank equal appointment returned to one that has the highest length of service.
Equality of length of service appointment returned to the older.
This provision is not applicable to the Chief Clerk.
S. 118 clerks-heads of service included in the framework of endangered appointed clerk in a registry of the Court of appeal or a Court of first instance or a police court or a parquet secretariat retain their mandate of head of service in a personal capacity. The renewal of the mandate is subject to the provisions of the Judicial Code.
S. 119. the Chief Secretary of service included in the framework of extinction which was appointed Secretary in wood of the Prosecutor or a public prosecutor or the federal prosecutor's office retains its mandate of Chief of service in a personal capacity. The renewal of the mandate is subject to the provisions of the Judicial Code.
S. 120. the provisions of the second part, book II, of the Judicial Code are applicable to judges, clerks, Secretaries and staff of registries and parquet floors in the framework of extinction.
In addition, the provisions of the second part, book Ier, title VI, chapter Protocol68 of the Judicial Code shall apply to the judges.
Judges, court clerks, Secretaries and staff of grafts and the secretariat of Procuracy resumed in temporary executives delegated in a court, a Prosecutor, a registry or a secretariat of parquet are for evaluation and discipline, expected to be appointed in the rank in which they are delegated.
S. 121. the appointments referred to in articles 115, 116 and 117 are involved unless it is made pursuant to sections 262, 273, 287 and 287bis of the Judicial Code and without benefit of oath.
S. 122. the president of the military court continues to collect for personal processing and salary increases y related and this until the day of his retirement, resignation, resignation from office, impeachment or death. It also keeps these benefits where it is named or designated, with its consent, to carry out duties to which a salary lower is bound.
S.
123. the auditor general and the military Auditor continue to collect for personal processing and salary increases y related, and this until the day of their retirement, their resignation of their resignation of office, their revocation of their death or if any of their appointment or designation of their consent to another function with a higher salary is attached.
S.
124. the first general counsel, general counsel at the military court and first the military auditor substitutes retain their mandate in a personal capacity. However, the provisions of the Judicial Code concerning Deputy mandates and article 102 § 2 of the Act of 22 December 1998 amending

certain provisions of the second part of the Code of judicial procedure concerning the Higher Council of Justice, the appointment and the appointment of judges and establishing a system of evaluation for judges apply to them.
S. 125. the application of this Act may affect treatment, increases in treatment, supplements treatment and pensions of judges, court clerks, Secretaries and staff grafts and the secretariat of parquet in executives temporary office at the time of its entry into force.
S. 126 when a magistrate, a clerk, a Secretary or a member of the staff included in the temporary framework is appointed or designated in a civil court, he ranks at the date of his appointment or its designation as such in the military jurisdiction.
S. 127. the functions worked at the registry of the military court are treated as functions worked at the registry of the Court of appeal.
S. 128. the functions worked at the secretariat of the Prosecutor's office of the general prosecutor at the military court are assimilated to functions worked the floor near a Court of appeal.
S. 129. the functions worked at the registry of the Board of war are treated as functions performed in a registry or a Prosecutor of first instance.
S. 130. pursuant to article 309bis of the Judicial Code, inserted by section 94 of the Act, a first list is arrested in the two years of the entry into force of this Act.
The judges, members and staff of the registry of the military court and the Council of war, members and the secretariat staff about prosecutor general at the military court who are pursuing or have served in the military courts at the time of the entry into force of this Act are exempt from the patent in military techniques.
Officers, as well as the old frames of active or reserve armed forces officers are exempt from the patent in military techniques.
S. 131. the Minister of Justice and the Minister of defence jointly support all steps to immediately apply the provisions of this act as soon as the time of war. They also support the necessary resources both with regard to staff that concerns hardware, for missions that must take place in times of peace outside the national territory.
S.
132. the King determines the final destination produced and received by the deleted courts archives.
CHAPTER VIII. -Disposition final art. 133. this Act comes into force on the date fixed by the King.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on 10 April 2003.
ALBERT by the King: the Minister of Justice, Mr. VERWILGHEN Minister of defence, A. FLAHAUT sealed with the seal of the State: the 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: 005 amendments: amendments 006: amendment 007: report on behalf of the Committee 008
: Text adopted by the Committee on justice 009: text adopted by the commission 010: text adopted in plenary meeting and transmitted to the Senate Senate parliamentary Documents 50-1535 001: draft transmitted by the room 003: report on behalf of the Committee 004: text corrected by the 005 commission: amendments retabled after the approval of the report

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