Posted the: 2003-05-06 Numac: 2003009406 SERVICE PUBLIC FÉDÉRAL JUSTICE February 25 2003. -An Act establishing the function of security officer for the execution of the tasks of police courts and tribunals and transfer of prisoners (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. without prejudice to the powers of the local and federal police services, police missions of the courts and tribunals and transfer of the detainees listed in article 3 shall be exercised under the authority of the Minister of Justice by officials appointed by the King, referred to as security officers, who are not part of a police service.
S. 3. the security officer is responsible for the performance of the following tasks: 1 ° the police of the courts and tribunals, namely the maintenance of order in the courts and tribunals and other places designated by the King where a magistrate or member of the public prosecutor carries its load as well as custody of the detainees in their appearance in justice;
2 ° the transfer and the supervision of inmates between prisons and courts and tribunals;
3 ° the transfer and the supervision of inmates between prisons;
4 ° transfer and surveillance of persons illegally to and between the closed centres or the transfer under the procedure of expulsion from the Kingdom applied towards them;
5 ° at the request of the judicial authorities, the transfer and the supervision of minors to specific institutions and between these institutions;
6 ° the extraction and the supervision of inmates of prisons for medical or humanitarian reasons;
7 ° transfer and monitoring internal to private institutions or social defence institutions designated by the competent Committee;
8 ° the extraction and monitoring of inmates for their release; to foreign authorities and handed over detainees to the Belgian authorities support
9 ° transfer of criminal records between prisons and courts and tribunals for the exercise of the legal right of consultation.
The security officer accomplishes the tasks referred to in the 4th under the authority of the Minister of the Interior that can give him orders, instructions and guidelines as necessary for this purpose. S. 4 enter only into account for the security officer function: 1 ° of the military transferred at their request;
2 ° of the statutory staff if jobs can be filled by transferred soldiers.
Military personnel are transferred to the federal public Service Justice according to the terms and conditions defined by the King in a royal decree deliberated in the Council of Ministers where they acquire the quality of agent of the State. It regulates in particular equivalence of their ranks with the levels applicable within federal agencies.
They cease to be part of the armed forces and lose the quality of military from the moment where: 1 ° the Minister of defence authorizes their departure on the basis of the criteria developed by the King about the age and category of the military and functions whose continuity is essential for the proper functioning of the defence; 2 ° the Minister of Justice authorizes their arrival on the basis of criteria developed by the King related to motivation and skills of the military and after they followed with fruit formation of basis set by the King.
It was at this time that they are part of the Service public federal Justice and that their treatment is taken in charge by the Justice budget.
S. 5. by way of derogation from article 46, paragraph 1, of the Act of 15 May 1984 on harmonisation measures in pension, members of the staff of the federal public Service Justice exercising the function of security officer may, at their request, be allowed to board the first day of the quarter following that during which they reach the age of 60 the condition of have at least twenty years of eligible service for the entitlement to the pension, excluding subsidies for studies and other periods reclaimed as a service allowed for the determination of the treatment.
Each year as security officer is taken into account at the rate of 1/50th of the benchmark treatment that serves as the basis for the establishment of the retirement pension. The military services are taken into account at the same tantième.
By way of derogation from paragraph 1, the age of the pension on request for the transferred members that were already in service and who have reached the age of 45 years at the date of publication of this law is set at 56 years to the status of count at least twenty years of service eligible for the entitlement to the pension, excluding subsidies for studies and other periods reclaimed as a service allowed for the determination of treatment.
In addition, the civilian staff of the federal public Service Justice exercising the function of safety officer may continue to benefit from the provisions of the Decree of September 25, 1998, establishing a pre-clearance for the pension, until 31 December 2003 at the latest.
S. 6. within the framework of the execution of the tasks referred to in article 3, security officers may exercise the following powers: 1 ° use the constraint to the conditions specified in article 37 of the Act of 5 August 1992 on police function;
2 ° proceed to arrest and, where appropriate, the transfer of persons in courts and tribunals against which a competent magistrate ordered the execution of a custodial measure. The security officer who made use of this lists minutes jurisdiction;
3 ° hold persons pursuant to the provisions contained in article 1, 3 °, of the pre-trial detention Act of 20 July 1990.
The safety officer shall immediately inform police service competent that he retains a person and delivers it as quickly as possible to this police department. The security officer who made use of this lists minutes jurisdiction;
4 ° make the administrative arrest of persons present in courts and tribunals, in a prison, a social defence establishment, a closed centre for illegal or a specific institution for minors in the cases provided for in article 31 of the Act on the police function and article 760 of the Judicial Code. The safety officer shall immediately inform police service competent that he retains a person and delivers it as quickly as possible to this police department. The security officer who made use of this jurisdiction in draws up minutes. In the case referred to in article 32 of the Act on the police function, twenty-four-hour period begins to run upon the deprivation of effective freedom by the safety officer;
5 ° undertake a search of security detainees and persons present in courts and tribunals to the conditions laid down in article 28, § 1, 1 °, 2 ° and 4 °, and § 3, of the Act on the police function, with the exception of the requirement that the security search must be carried out on the order and under the responsibility of a police administrative officer;
6 ° carry out the seizure of objects and animals in the courts and tribunals, in prisons, social defence establishments, the closed centres for illegal and specific facilities for juveniles under the conditions of article 30 of the law on the police function, with the exception of the condition that the administrative seizure is carried out according to directions and under the responsibility of a police administrative officer;
7 ° check the identity of persons present in the courts and tribunals or in prisons, social defence establishments, closed centres for illegal or specific institutions for minors under the conditions of article 34, §§ 1, 2 and 4, of the Act on the police function, with the exception of the condition that identity checks referred to in paragraph 2 of this article in accordance with the guidelines and under the responsibility of an administrative police officer.
All of the minutes prepared in accordance with this provision are centralized in a national register maintained by the Minister of Justice.
7. the King determines the equipment and materials placed at the disposal of the security officers.
8 security officers take the oath prescribed in article 2 of the Decree of July 20, 1831, between the hands of the Minister of Justice or the Chief federal public Justice.
S. 9. the King fixed by Decree deliberated in the Council of Ministers the date and modalities of entry into force of each of the provisions of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, 25 February 2003.
ALBERT by the King: the Minister of Justice, M. VERWILGHEN Scellé the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Note (1) 2002-2003 Session.
House of representatives: Parliamentary papers: Bill, no. 2001/1. -Amendments, no. 2001/2-3. -Report, n ° 2001/4. -Text adopted by the Commission, no. 2001/2. -Text adopted in plenary meeting and transmitted to the Senate, no. 2001/3.
Parliamentary Annals: Discussion and adoption. Session of May 5, 2002.
Senate: Parliamentary Documents: project referred to by the Senate, no. 2-1377/1. -Amendments, no. 2-1377/2. -Report, n ° 2-1377/3. -Amendments, no. 2-1377/4. -Decision not to amend, no. 2 - 1377/5.
Parliamentary Annals: Discussion
and adoption. Meeting of February 6, 2003.