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25 FEBRUARY 2003. - Act to establish the function of a security officer for the execution of the police missions of courts and tribunals and the transfer of detainees (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Without prejudice to the competence of the local and federal police services, the police missions of the courts and tribunals and the transfer of the detainees listed in section 3 are carried out under the authority of the Minister of Justice by officials designated by the King, known as security officers, who are not part of a police service.
Art. 3. The security officer is responsible for the following tasks:
1° the police of courts and tribunals, i.e. the maintenance of order in courts and tribunals and other places designated by the King where a magistrate or a member of the Public Prosecutor ' s Office exercises his or her office as well as the custody of detainees as part of their appearance in court;
2° transfer and supervision of detainees between prisons and courts and tribunals;
3° transfer and supervision of prisoners between prisons;
4° the transfer and supervision of persons in illegal residence to and between closed centres or the transfer within the framework of the procedure for the removal of the Kingdom applied to them;
5° at the request of the judicial authorities, the transfer and supervision of minors to specific institutions and between them;
6° the extraction and monitoring of prisoners in prisons for medical or humanitarian reasons;
7° the transfer and supervision of internees to private institutions or social institutions designated by the competent commission;
8° the extraction and supervision of detainees for their surrender to foreign authorities and the care of detainees handed over to the Belgian authorities;
9° the transfer of judicial records between prisons and courts and tribunals for the exercise of the legal right of consent.
The security officer shall carry out the tasks referred to in the 4th under the authority of the Minister of the Interior who may give him the orders, instructions and directives necessary for this purpose.
Art. 4. Enter only online account for the security agent function:
1° of the military transferred upon request;
2° of statutory agents if the jobs cannot be occupied by transferred military personnel.
The soldiers are transferred to the Federal Public Service Justice under the conditions and terms defined by the King in a royal decree deliberated in the Council of Ministers where they acquire the status of State agent. In particular, it regulates the equivalences of their ranks with the applicable levels within federal jurisdictions.
They cease to be part of the armed forces and lose the military quality from the moment that:
1° the Minister of Defence authorizes their departure on the basis of the criteria developed by the King regarding the age and category of the military and concerning the functions whose continuity is essential to the proper functioning of the Defence; and,
2° the Minister of Justice authorizes their arrival on the basis of the criteria developed by the King concerning the motivation and competence of the military and after they have followed with fruit the basic formation defined by the King.
It is only at this time that they are part of the Federal Public Service Justice and that their treatment is covered by the Justice Budget.
Art. 5. By derogation from article 46, paragraph 1^er, from the Act of May 15, 1984 on Measures for Harmonization in Pension Plans, members of the Federal Public Service Staff Justice who exercise the function of a security officer may, at their request, be admitted to a pension on the first day of the quarter following that in which they reach the age of 60, provided that they have at least twenty years of eligible services for the opening of the right to pension, excluding any other determinations
Each year spent as a security officer is taken into account at 1/50^e the reference salary that serves as the basis for the establishment of the pension. Military services are considered for the same period.
Derogation from paragraph 1^er, the age of pension upon request for transferred military personnel who were already in service and who reached the age of 45 at the date of publication of this Act is fixed at 56 years provided that there are at least twenty years of eligible services for the opening of the right to pension, excluding education bonuses and other extended periods as a service allowed for the determination of treatment. In addition, civil officers of the Federal Public Service Justice who exercise the function of a security officer may continue to benefit from the provisions of the Order of September 25, 1998 establishing pre-retirement leave, until December 31, 2003.
Art. 6. As part of the execution of Article 3 missions, security officers may exercise the following skills:
1° resort to coercive conditions specified in section 37 of the Police Service Act of 5 August 1992;
2° make the arrest and, if necessary, transfer of persons in courts and tribunals against which a competent magistrate ordered the execution of a custodial measure. The security officer who makes use of this jurisdiction shall make a record of it;
3° to retain persons in accordance with the provisions of Article 1^er3°, of the Act of 20 July 1990 on preventive detention. The security officer immediately informs the competent police department that he/she holds a person and delivers it as soon as possible to that police service. The security officer who makes use of this jurisdiction shall make a record of it;
4° carry out the administrative arrest of persons present in courts and tribunals, in a prison, a social defence institution, a closed centre for illegals or a specific institution for minors in cases provided for in section 31 of the Police Service Act and section 760 of the Judicial Code. The security officer immediately informs the competent police department that he/she holds a person and delivers it as soon as possible to that police service. The security officer who makes use of this jurisdiction shall file a report. In the case referred to in section 32 of the Police Service Act, the 24-hour period begins to run from the actual deprivation of liberty by the security officer;
5° carry out a security search for detainees and persons present in courts and tribunals under the conditions defined in article 28, § 1^er, 1°, 2° and 4° and § 3, of the Police Function Act, except for the condition that the security search must be carried out on the order and under the responsibility of an administrative police officer;
6° to seize objects and animals in courts and tribunals, in prisons, social welfare institutions, closed centres for illegals and specific juvenile establishments under the terms of section 30 of the Police Function Act, with the exception of the condition that administrative seizure is carried out in accordance with the directives and under the responsibility of an administrative police officer;
7° to monitor the identity of persons present in courts and tribunals or in prisons, social welfare institutions, illegally closed centres or specific juvenile institutions under the conditions of Article 34, §§ 1^er, 2 and 4, of the Police Service Act, with the exception of the condition that the identity check referred to in § 2 of that section in accordance with the directives and under the responsibility of an administrative police officer.
All minutes issued pursuant to this provision are centralized in a national register maintained by the Minister of Justice.
Art. 7. The King determines the equipment and equipment available to security officers.
Art. 8. The security officers shall take the oath prescribed in Article 2 of the Decree of 20 July 1831 in the hands of the Minister of Justice or the Chief of the Federal Public Service Justice.
Art. 9. The King shall, by order deliberately in the Council of Ministers, determine the date and manner of entry into force of each of the provisions of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 February 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Session 2002-2003.
House of Representatives:
Parliamentary documents: Bill No. 2001/1. - Summings, no. 2001/2-3. - Report, No. 2001/4. - Text adopted by the Commission, No. 2001/2. - Text adopted in plenary and transmitted to the Senate, No. 2001/3.
Parliamentarians: Discussion and adoption. Senace of 5 May 2002.
Senate:
Parliamentary Documents: The Senate Project, No. 2-1377/1. - Amendments, no. 2-1377/2. - Report, no. 2-1377/3. - Amendments, no. 2-1377/4. - Decision not to amend, No. 2-1377/5.
Parliamentarians: Discussion and adoption. Session of February 6, 2003.