19 MARCH 2003. - An Act to amend the Code of Criminal Investigation, the Act of 21 November 1989 on the compulsory insurance of liability for self-propelled vehicles and the Royal Decree of 28 December 1950 on the general regulation of judicial costs in law enforcement (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Code of Criminal Investigation
Art. 2. Section 165, paragraph 2, of the Criminal Code is replaced by the following provision:
"When the conviction takes the special confiscation of things outside the territory of the Belgian State, the Public Prosecutor's Office shall notify the Central Organ for the Seizure and Confiscation and transmit a copy of the relevant parts of the repressive file. The Central Organ then forwards these copies to the Minister of Justice. "
Art. 3. § 1^er. In section 197, paragraph 1^er, in the same Code, the words "The judgment shall be executed" are replaced by the words "Without prejudice to Article 197bis , the judgment shall be executed".
§ 2. In section 197, paragraph 2, of the same Code, the words "and confiscations" are deleted.
§ 3. Section 197, paragraph 3, of the same Code is repealed.
Art. 4. An article 197bis, as follows, is inserted in the same Code:
"The prosecution for the recovery of confiscated property will be done on behalf of the King's Prosecutor by the Registrar of Registration and Areas, as indicated by the Central Organ for Seizure and Confiscation.
The Registrar of Recording and Areas shall perform all the acts and make all the requests necessary for the recovery or safeguarding of rights arising out of the Treasury's judgment. The introduction of legal applications requires prior consultation with the Central Body for Seizure and Confiscation.
When the conviction takes the special forfeiture of property that is outside the jurisdiction of the Belgian State, the Public Prosecutor's Office shall notify the Central Organ for Seizure and Confiscation and transmit a copy of the relevant parts of the repressive file. The Central Organ then forwards these copies to the Minister of Justice. "
Art. 5. Section 376, paragraph 2, of the same Code, is replaced by the following provision:
"When the conviction takes the special confiscation of things outside the territory of the Belgian State, the Public Prosecutor's Office shall notify the Central Organ for Seizure and Confiscation and transmit a copy of the relevant parts of the repressive file. The Central Organ then forwards these copies to the Minister of Justice. "
CHAPTER III. - Amendments to the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles
Art. 6. Section 21, paragraph 3, of the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles is replaced by the following provision:
"When the seizure extends more than two months, the King's Prosecutor may authorize the Central Body for Seizure and Confiscation to proceed with the alienation of the self-propelled vehicle seized by the Registrar of Recording and Fields.
It notifies its intentions to alienate persons referred to in article 22, §§ 1^er and 3, if these can be identified. The notification shall be sent by fax or by registered letter to the post and, where appropriate, to their lawyers. It contains the text of this article.
Persons to whom the notification is addressed and all persons who demonstrate a legitimate interest may notify the King's Prosecutor of their objections to alienation within fifteen days of the date of the notification. If at least one of these people is abroad, this period is extended by fifteen days.
The Crown Prosecutor shall, no later than one month after the expiry of the period referred to in the preceding paragraph and shall transmit a copy thereof to the persons to whom the notification has been sent or who have made their objections, as provided for in the preceding paragraph and within eight days after the decision.
The Indictment Chamber may be seized of the case by such persons within fifteen days of notification of the decision.
The Indictment Chamber is seized of the case by a statement made at the Police Court Registry and registered in an open register.
The King's Prosecutor shall forward the documents to the Attorney General who shall file them with the Registry.
The indictment board shall rule within fifteen days of the filing of the statement. This period is suspended from the time of the surrender to the request of one of the parties or their lawyers.
The Clerk shall give notice to the parties and their lawyers by fax or by registered letter to the position, of the places, date and time no later than 48 hours before the hearing.
The Attorney General, the parties and their lawyers are heard.
The person who has seized the board of the indictments of the case and who succumbs may be sentenced to the costs.
The King's Prosecutor shall forthwith transmit a copy of his final decision or of the order of the board of indictments to the Central Body for the Seizure and Confiscation, which shall proceed at that time under the tasks entrusted to him by law. "
Art. 7. In section 21, fourth paragraph of the Act, the words "authorized by the President of the Court" are replaced by the words "authorized by the King's Prosecutor".
CHAPTER IV. - Amendments to the Royal Decree of 28 December 1950 on the General Regulation on Judicial Charges in Repressive Matters
Art. 8. In section 121, of the Royal Decree of 28 December 1950 on the General Rules on Judicial Charges in Repressive Matters, paragraphs 3 to 5 are replaced by the following paragraphs:
"Under three days, the Clerk shall hand over to the Receiver of Recording and Areas, either in the form of a document or electronically, an extract of any judgment or judgment passed in force of a matter tried and sentenced to fines, confiscation or expenses.
In addition, the Clerk shall transmit to the Central Body for Seizure and Confiscation, either in the form of a document or electronically, a copy of any conviction that carries the special confiscation provided for in section 197bis of the Code of Criminal Instruction, as well as a copy of the extract of that judgment.
Without the same period of time, the Clerk shall, by electronic means, communicate to the central administration of the registration and the domains, responsible for the bank of criminal fines, forfeiture and legal costs in respect of repressive matters, the elements that are contained in any excerpt and are necessary for the processing of data relating to criminal fines, confiscations and judicial costs in respect of repressive matters.
Where the same judgment or judgment has condemned several individuals to fines, confiscation or expenses, and these convictions have become final for one, without being for the other, it is done in accordance with paragraphs 3 to 5 concerning the party that has become final of the judgment or judgment. "
CHAPTER V. - Entry into force
Art. 9. This Act comes into force on the first day of the fourth month following the date of publication of this Act to the Belgian Monitor, with the exception of Article 8, which comes into force on the date fixed by the King in a deliberate order in the Council of Ministers.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 March 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) House of Representatives:
Documents.
Doc 50 2274/2003:
No. 1: Text adopted in plenary and transmitted to the Senate.
See also:
Full report: 6 February 2003.
Senate.
Documents.
2-1461-2003:
No. 1: Project not referred to by the Senate.
Annales of the Senate: February 25, 2003.