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Law Amending The Code Of Criminal Procedure In Relation To The Defect And Repealing Article 421 Of The Same Code (1)

Original Language Title: Loi modifiant le Code d'instruction criminelle en ce qui concerne le défaut et abrogeant l'article 421 du même Code (1)

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12 FEBRUARY 2003. - An Act to amend the Code of Criminal Investigation with respect to the defect and repeal section 421 of the same Code (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Section 149 of the Code of Criminal Investigation is replaced by the following provision:
"Art. 149. - If the person cited, or a lawyer representing it, does not appear on the day and time fixed by the summons, it will be judged by default. »
Art. 3. In section 150 of the same Code, as amended by the Act of 31 May 2000, the words "or its lawyer" are inserted between the words "if it" and the words "is not present".
Art. 4. In article 151, paragraph 2, of the same Code, the words "or his lawyer" are inserted between the words "the opponent" and the words "do not appear".
Art. 5. Section 152 of the Code, replaced by the Act of 24 July 1994 and amended by the Act of 4 May 1999, is replaced by the following provision:
"Art. 152. § 1er. The defendant, the civilly responsible party and the civil party will appear in person or by a lawyer.
§ 2. The court may, in any case, without its decision being the subject of any appeal, order the appearance in person. The judgment ordering this appearance shall be served on the party that it relates to the Public Prosecutor's request, with a summons to appear on the date fixed by the court.
If the defendant does not appear in person or by a lawyer, after appearing at the introductory hearing in accordance with § 1erthe judgment rendered shall be deemed contradictory and shall be served on the defendant at the request of the Public Prosecutor. A warrant may be given to the defendant. »
Art. 6. In section 153 of the same Code, as amended by the Act of 10 July 1967, the following amendments are made:
1° in paragraph 5 the words "or his lawyer" are inserted between the words "The person quoted" and the words "will propose his defence";
2° in paragraph 6 the words "or his lawyer" are inserted between the words "the cited part" and the words "to propose".
Art. 7. Section 185 of the same Code, replaced by the Act of 16 February 1961 and amended by the Acts of 20 December 1974 and 4 May 1999, is replaced by the following provision:
"Art. 185. § 1er. The defendant, the civilly responsible party and the civil party will appear in person or by a lawyer.
§ 2. The court may, in any case, without its decision being the subject of any appeal, order the appearance in person. The judgment ordering this appearance shall be served on the party that it relates to the Public Prosecutor's request, with a summons to appear on the date fixed by the court.
If the defendant does not appear in person or by a lawyer, after appearing at the introductory hearing in accordance with § 1erthe judgment rendered shall be deemed contradictory and shall be served on the defendant at the request of the Public Prosecutor. A warrant may be given to the defendant. »
Art. 8. Section 186 of the same Code is replaced by the following provision:
"Art. 186. - If the person quoted, or the lawyer representing it, does not appear on the day and time fixed in the summons, it will be judged by default. »
Art. 9. Section 187, paragraph 4, of the same Code is replaced by the following provision:
"The opposition will be served on the Public Prosecutor's Office, the prosecution party or the other parties involved. »
Art. 10. In section 188, paragraph 2, of the same Code, replaced by the Act of 27 February 1956, the words "or his lawyer" are inserted between the words "if the opponent" and the words "do not appear".
Art. 11. In section 190, paragraph 2, of the same Code, as amended by the Act of 10 July 1967, the following amendments are made:
1° the words "or their lawyer" are inserted between the words "civilly responsible persons" and the words "will propose their defence";
2° the words "or their lawyer" are inserted between the words "civilized persons responsible for the offence" and the words "may reply".
Art. 12. In section 208, paragraph 3, of the same Code, the words "or his lawyer" are inserted between the words "the opponent" and the words "do not appear".
Art. 13. In section 210 of the same Code, as amended by the Act of 28 December 1990, the following amendments are made:
1° the words ", or their lawyer" are inserted between the words "civil party" and the words "and the Attorney General";
2° in the last sentence the words "or his lawyer" are inserted after the words "The defendant".
Art. 14. Section 421 of the same Code, as amended by the Act of 7 May 1999, is repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 February 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Parliamentary work.
House of Representatives.
Documents:
Doc 50-651 (1999 2000):
No. 1: Bill.
Doc 50-651 (2002 2003):
nbones 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
See also:
Full report: 14 November 2002.
Senate.
Documents:
Doc 2-1356 (2002 2003):
Number 1: Project referred to by the Senate.
Number two: Report.
No. 3: Decision not to amend.
Annales of the Senate: January 30, 2003.