23 JANVIER 2003. - Law on the Concordance of the Legal Provisions in force with the Act of 10 July 1996 on the abolition of the death penalty and amending criminal penalties

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 provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Provision amending the Civil Code
Art. 2. Section 727, 2°, of the Civil Code is replaced as follows:
« 2° The person who brought a charge against the deceased, which was deemed slanderous, on a punishable act of life imprisonment or life imprisonment. »
CHAPTER III. - Provision to amend the Code of Procedure for the Army
Art. 3. Article 373 of the Code of Procedure for the Army of 20 July 1814 is repealed.
CHAPTER IV. - Provisions amending the Act of 12 March 1858 revising the second book of the Criminal Code with regard to crimes and offences that violate international relations
Art. 4. In Article 1^erParagraph 1^er, of the Act of 12 March 1858 revising the second book of the Criminal Code with regard to crimes and offences that infringe upon international relations, the words "forced labour in time" are replaced by the words "reclusion from fifteen years to twenty years or from ten years to fifteen years".
Art. 5. In section 2 of the Act, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 6. In section 7, paragraph 2, of the Act, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
CHAPTER V. - Provisions amending the Criminal Code
Art. 7. Section 18 of the Criminal Code, as amended by the Act of 10 July 1996, is replaced by the following provision:
“Art. 18. The decision condemning life imprisonment or life imprisonment, imprisonment or detention from twenty years to thirty years will be printed by extract and posted in the municipality where the crime was committed and in the municipality where the order was rendered. »
Art. 8. Section 19 of the same Code, as amended by the Act of 10 July 1996, is replaced by the following provision:
“Art. 19. All convictions for life imprisonment or life imprisonment, time imprisonment, detention from twenty years to thirty years or from fifteen years to twenty years will, against convicts, pronounce the dismissal of titles, grades, duties, jobs and public offices for which they are held.
The court of siege will be able to pronounce this dismissal against convicts in detention from ten years to fifteen years or from five to ten years. »
Art. 9. Article 25, paragraph 1^er, of the same Code, replaced by the Act of 26 November 1986 and amended by the Act of 10 July 1996, is replaced by the following paragraph:
“Art. 25. The duration of correctional imprisonment is, except as provided by law, at least eight days and not more than five years. It is not more than 10 years if it is a punishable crime of imprisonment from 10 years to 15 years or for a higher term or life imprisonment, which has been corrected. »
Art. 10. In article 30ter , paragraph 1^er, of the same Code, inserted by the Act of 18 March 1970 and amended by the Act of 10 July 1996, the words "forced labour, imprisonment" are replaced by the words "time imprisonment".
Art. 11. In article 32 of the same Code, the words "five to ten years" are inserted between the words "reclusion" and "or".
Art. 12. Section 54 of the same Code is replaced by the following provision:
“Art. 54. Anyone who, having been convicted of a criminal sentence, has committed a felony with a prison sentence of five years to ten years, may be sentenced to imprisonment from ten years to fifteen years.
If the crime takes the custodial sentence from ten years to fifteen years, the perpetrator may be sentenced to imprisonment from fifteen years to twenty years.
He or she shall be sentenced to at least seventeen years of age if the crime takes the sentence from fifteen years to twenty years. »
Art. 13. In article 55, paragraphs 2 and 3, of the same Code, the words "extraordinary detention" are replaced by the words "retention from fifteen years to twenty years".
Art. 14. In article 62 of the same Code, the words "forced labour, detention or confinement" are replaced by the words "time imprisonment or detention from fifteen years to twenty years or a lower term".
Art. 15. Section 63 of the Code is replaced by the following provision:
"Art. 63. The strongest penalty is the longest term. If the sentences are of the same duration, imprisonment is considered to be a higher penalty than detention. »
Art. 16. Section 81 of the Code, as amended by the Acts of 23 August 1919, 14 May 1937 and 10 July 1996, is replaced by the following provision:
"Art. 81. Perpetual detention for a crime against the State's external security will be replaced by detention in time or by imprisonment for at least one year.
The sentence of detention from twenty years to thirty years of age by detention from fifteen years to twenty years of age or by imprisonment for at least one year.
The sentence of detention from fifteen years to twenty years by detention from ten years to fifteen years or from five to ten years or by imprisonment for at least one year.
The sentence of detention from 10 years to 15 years by detention from 5 years to 10 years or by imprisonment for at least six months. The sentence of detention from five years to ten years by imprisonment for at least one month. "
Art. 17. In article 101 of the same Code, as amended by the Act of 10 July 1996, the words "forced labour for life" are replaced by the words "reclusion from twenty years to thirty years".
Art. 18. Section 102 of the same Code, as amended by the Act of 10 July 1996, is replaced by the following provision:
"Art.102. The attack on the life of the presumptive heir of the crown will be punished with life imprisonment.
The attack against his person will be punished by imprisonment from twenty years to thirty years.
If he did not have the result of violating his freedom and if he did not cause him any bloodshed, injury, or illness, the attack against his person will be punished by imprisonment from fifteen years to twenty years. »
Art. 19. Section 103, paragraph 2, of the same Code, is replaced by the following paragraph:
"The attack against their person will be punished by imprisonment from ten years to fifteen years; he shall be punished by imprisonment from five years to ten years, if he did not have the result of impairing his liberty, and if he did not cause them any bloodshed, injury or illness. »
Art. 20. In section 104 of the same Code, the word "perpetual" is replaced by the words "from twenty years to thirty years".
Art. 21. In section 106 of the same Code, the words "forced labour" are replaced by the word "reclusion".
Art. 22. Section 107 of the same Code is replaced by the following provision:
"Art. 107. The conspiracy against life or against the person of the presumptive heir of the crown shall be punished from ten years to fifteen years' imprisonment, if it has been followed by an act committed to prepare for its execution, and from five years to ten years' imprisonment, if not. »
Art. 23. In sections 108 and 112 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 24. Section 114 of the same Code, replaced by the Act of 4 August 1914, as amended by the Acts of 10 December 1937 and 10 July 1996, is replaced by the following provision:
"Art. 114. Anyone who has practiced machinations or maintained intelligences with a foreign power or with any person acting in the interest of a foreign power, to commit this power to undertake the war against Belgium, or to obtain the means thereof, shall be punished by detention from twenty years to thirty years. If hostilities have followed, it will be punished with life imprisonment. »
Art. 25. In Article 115, § 1^er, paragraph 6, of the same Code, replaced by the Decree-Law of 11 October 1916 and amended by the Act of 10 December 1937, the words "perpetual detention" are replaced by the words "detention from twenty years to thirty years".
Art. 26. In section 118 of the same Code, replaced by the Act of 19 July 1934 and amended by the Act of 10 December 1937, the words "extraordinary detention" are replaced by the words "retention from fifteen years to twenty years".
Art. 27. In article 120sexies of the same Code, inserted by the law of 4 August 1914, replaced by the law of 19 July 1934 and amended by the law of 10 July 1996, the words "extraordinary detention" are replaced by the words "retention from fifteen years to twenty years".
Art. 28. Section 121 of the Code, replaced by the Decree-Law of 11 October 1916 and amended by the Acts of 13 December 1944 and 10 July 1996, is replaced by the following provision:
"Art. 121. Any person who has recelebated or re-elected spies or enemy soldiers sent to the discovery, and who has known for such, will be punished with life imprisonment.
Any person who has recelebated or re-elects enemy agents or soldiers, who are valid or injured, or who has come to help them to escape the authorities will be punished by imprisonment from fifteen years to twenty years. In a state of siege, the offence will be punished with life imprisonment.
Any person who has recelebated or has recelebated a subject of an enemy or allied power to the enemy or who has come to help him to escape the authorities will be punished by imprisonment from five years to ten years. In a state of siege, the offence will be punished by imprisonment from ten years to fifteen years.
Any person who has recelebated or re-elected persons whom he knew was prosecuted or convicted of one of the offences set out in Chapter II of Part 1^er, Book II of the Criminal Code and articles 17 and 18 of the Act of 27 May 1870 containing the Military Criminal Code, or who has been assisted to allow them to avoid the action of justice, shall be punished by the penalty provided for that offence, without the penalty imposed may, however, exceed fifteen years of imprisonment or detention.
Except as provided for in the preceding paragraph, ascendants or descendants, spouses or wives, same divorcees, brothers or sisters and allies to the same degree of the perpetrators or accomplices of the offences of which it is concerned. »
Art. 29. Section 121bis of the same Code, inserted by the Decree-Law of 8 April 1917, replaced by the Decree-Law of 17 December 1942 and amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 121bis . Will be punished by imprisonment from five years to ten years, anyone knowingly, by denouncing a real or imaginary fact, exposed any person to the search, prosecution or rigor of the enemy.
He shall be punished by imprisonment from ten years to fifteen years if he is the result of the denunciation, for any person and without the intervention of a new denunciation, a deprivation of liberty for more than one month.
It will be punished with life imprisonment if, then of detention or treatment suffered, the denunciation has resulted in any person and without the intervention of a new denunciation, either death or illness that appears incurable, or permanent incapacity for personal work, or loss of the absolute use of an organ, or serious mutilation. »
Art. 30. Section 122 of the same Code, replaced by the Decree-Law of 11 October 1916 and amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 122. When objects have been burned or destroyed by any means, in the intention of promoting the enemy, the penalties imposed on them by Chapter III of Title IX will be replaced:
imprisonment from ten years to fifteen years;
five years to ten years ' imprisonment, by imprisonment from fifteen years to twenty years;
10 to 15 years ' imprisonment, by imprisonment from twenty years to thirty years;
the imprisonment of fifteen years and more, by life imprisonment;
attempting fire or destruction will be considered the crime itself. »
Art. 31. Section 123ter , paragraph 2, of the same Code, inserted by the Act of 4, 1914 and replaced by the Act of 10 December 1937, is replaced by the following paragraph:
"In the same case, the prison sentences provided for in sections 119 and 120 will be replaced by the five-year-old prison sentence and the time-limited detention. »
Art. 32. In article 123quater, paragraph 2, of the same Code, inserted by the law of 19 July 1934, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 33. In section 123sexies of the same Code, inserted by the Decree-Law of 6 May 1944, replaced by the Act of 30 June 1961 and amended by the Acts of 5 July 1976 and 10 July 1996, the following amendments are made:
1° the introductory sentence of paragraph 1^er is replaced by the following provision:
"Art. 123sexies . § 1^er. By derogation from sections 31 and 32, judgments or convictions for life imprisonment or life imprisonment, ten years to fifteen years or a higher term or twenty years to thirty years or fifteen years to twenty years for offence or attempted offence under Chapter II, Title 1^er, Book II of the Criminal Code, committed in time of war, shall not impose on convicted persons the prohibition of the rights referred to therein, but shall, in full right, lead to the deprivation of life: "
2° paragraph 2, paragraph 3, first sentence, is replaced by the following provision:
"Dismisses may be imposed for a period of ten years to twenty years if the sentence is five years to ten years or five years to ten years or ten years to fifteen years and for a period of five years to ten years if the sentence is correctional. »
Art. 34. In article 123septies , § 1, 3°, of the same Code, inserted by the Decree-Law of 6 May 1944 and replaced by the law of 30 June 1961, the words "reclusion or ordinary detention" are replaced by the words "reclusion from five years to ten years or detention from five years to ten years or from ten years to fifteen years".
Art. 35. In Article 124, paragraph 1^erin the same Code, the words "extraordinary detention" are replaced by the words "detention from fifteen years to twenty years".
Art. 36. Section 125 of the same Code is replaced by the following provision:
"Art. 125. The attempt to carry devastation, massacre or looting in one or more communes will be punished from fifteen years to twenty years' imprisonment.
The conspiracy formed for the same purpose shall be punished from ten years to fifteen years of the same penalty, if any act has been committed to prepare for its execution; and from five to ten years of the same sentence, if not. »
Art. 37. In article 128 of the same Code, the words "extraordinary detention" are replaced by the words "retention from fifteen years to twenty years".
Art. 38. In section 129 of the same Code, the words "forced labour" are replaced by the words "reclusion".
Art. 39. In section 133 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 40. In Article 154 of the same Code, the words "forced labour" are replaced by the words "reclusion".
Art. 41. In article 160 of the same Code, replaced by the law of 12 July 1932, the words "forced labour" are replaced by the words "reclusion".
Art. 42. In section 161 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 43. In article 171 of the same Code, the words "forcible work" are replaced by the words "to imprisonment. »
Art. 44. In section 172 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 45. In section 174 of the same Code, as amended by the Act of 12 July 1932, the words "forced labour" are replaced by the words "reclusion",
Art. 46. Section 175 of the same Code is replaced by the following provision:
"Art. 175. Those who have counterfeited or falsified either shares, bonds or other securities, legally issued by provinces, municipalities, administrations or public institutions, under any name, by corporations or individuals, or coupons of interest or dividends related to these different securities, shall be punished from ten years to fifteen years' imprisonment, if the issue took place in Belgium and from five years to ten years' imprisonment, if »
Art. 47. In section 179 of the same Code, the words "forced labour" are replaced by the words "reclusion".
Art. 48. In articles 194 and 195 of the same Code, the words "forced labour" are replaced by the words "reclusion".
Art. 49. In articles 196, 208 and 215 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 50. Section 216 of the same Code, as amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 216. If the accused has been sentenced to detention for more than ten years or to imprisonment for more than ten years, the false witness who has filed against him shall be sentenced to imprisonment for ten years to fifteen years.
He will be sentenced to imprisonment from twenty years to thirty years, if the accused has been sentenced to life imprisonment. "
Art. 51. In article 235 of the same Code, the words "extraordinary detention" are replaced by the words "retention from fifteen years to twenty years".
Art. 52. Section 256, paragraph 2, of the same Code, as amended by the Act of 10 July 1996, is replaced by the following paragraph:
"However, the term of life imprisonment will be replaced, in this case, by the term of imprisonment from twenty years to thirty years. "
Art. 53. In article 266 of the same Code, the words "reclusion, detention and forced labour in time" are replaced by the words "reclusion or detention from fifteen years to twenty years or a lower term".
Art. 54. In section 272, paragraph 1^er, in the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 55. Section 285 of the same Code, as amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 285. If the broken seals were affixed to papers or effects of an accused, accused or charged with a crime carrying life imprisonment or life imprisonment, imprisonment from twenty years to thirty years or detention from twenty years to thirty years, or an individual sentenced to one of these sentences, the caregiver shall be punished from three months to one year in prison. »
Art. 56. In section 292 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 57. In section 293 of the same Code, the words "at least seven years" are replaced by the words "seven years to ten years".
Art. 58. Article 323, paragraph 1^er, of the same Code, as amended by the Act of 10 July 1996, is replaced by the following paragraph:
"Art. 323. If the purpose of the association was to perpetuate crimes with life imprisonment or imprisonment for 10 years to fifteen years or a higher term, the provocateurs of that association, the leaders of that band and those who have exercised any commandment thereof, will be punished by imprisonment for five years to ten years. »
Art. 59. In article 331bis of the same Code, inserted by the law of 17 April 1986, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 60. In article 336 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 61. Section 337 of the same Code is replaced by the following provision:
"Art. 337. If the escape has taken place or has been tempted with violence, threats or imprisonment, the penalties against those who have favoured it through the transmission of arms will be:
Under the circumstances set out in section 333, the imprisonment of five years to ten years against the attendants, and imprisonment of two years to five years against the other persons.
Under the circumstances set out in section 334, the imprisonment of ten years to fifteen years against the employees, the imprisonment of five years to ten years against the other persons. »
Art. 62. In section 348 of the same Code, replaced by the Act of 3 April 1990, the term "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 63. Section 352 of the same Code, replaced by the Act of 3 April 1990, is replaced by the following provision:
"Art. 352. When the means used for the purpose of aborting the woman have caused death, the person who has administered or indicated them for that purpose shall be sentenced to imprisonment from five years to ten years, if the woman has consented to abortion, but the intervention has been carried out outside the conditions defined in section 350 and to imprisonment from ten years to fifteen years, if she has not consented to it. »
Art. 64. In article 391 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 65. In article 393 of the same Code, the words "forced labour for life" are replaced by the words "reclusion from twenty years to thirty years".
Art. 66. In section 400 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 67. Section 401 of the same Code is replaced by the following provision:
"Art. 401. When the blows or injuries made voluntarily, but without intent to give death, have caused it, the perpetrator will be punished by imprisonment from five years to ten years.
He shall be punished by imprisonment from ten years to fifteen years, if he has committed these acts of violence with premeditation. »
Art. 68. In section 403 of the same Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 69. In article 404 of the same Code, the words "forced labour" are replaced by the words "reclusion".
Art. 70. In section 406 of the same Code, replaced by the law of June 7, 1963, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 71. Section 407 of the same Code is replaced by the following provision:
"Art. 407. If the act has caused injury to the nature of those provided for in section 399, the perpetrator shall be sentenced to imprisonment from ten years to fifteen years. He shall be sentenced to imprisonment from fifteen years to twenty years, if the injuries are of the nature of those provided for in section 400. »
Art. 72. In article 408 of the same Code, the words "forced labour for life" are replaced by the words "reclusion from twenty years to thirty years".
Art. 73. In article 414 of the same Code, as amended by the Act of 10 July 1996, the words "forced labour for life" are replaced by the words "reclusion from twenty years to thirty years".
Art. 74. In section 437 of the same Code, the word "reclusion" is replaced by the words "reclusion from five to ten years".
Art. 75. In sections 467 and 468 of the Code, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 76. In section 474 of the same Code, as amended by the Act of 2 July 1975, the words "forcible work to life" are replaced by the words "to imprisonment from twenty years to thirty years".
Art. 77. In section 477 of the same Code, restored by the Act of 17 April 1986, the term "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 78. In articles 477bis, 477ter and 477quinquies of the same Code, inserted by the law of 17 April 1986, the words "forced labour" are replaced by the words "reclusion".
Art. 79. In article 477sexies of the same Code, inserted by the law of 17 April 1986 and amended by the law of 14 June 2002, the words "forced labour for life" are replaced by the words "reclusion from twenty years to thirty years".
Art. 80. In section 488bis of the same Code, inserted by the Act of 17 April 1986, the following amendments are made:
1° in paragraph 1^er, the word "reclusion" is replaced by the words "reclusion from five years to ten years";
2° in paragraphs 2 and 3, the words "forced labour" are replaced by the words "reclusion".
Art. 81. Section 506 of the same Code, as amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 506. In the event that the penalty applicable to the perpetrators of the crime will be that of life imprisonment or imprisonment from twenty years to thirty years, the registrants designated in the preceding article will be sentenced to imprisonment from five years to ten years, if they are satisfied that they have had, at the time of the recel, knowledge of the circumstances to which the law attaches either life imprisonment or imprisonment from twenty years to thirty years. »
Art. 82. In sections 510 and 511 of the same Code, replaced by the law of June 7, 1963, the words "forced labour" are replaced by the words "reclusion".
Art. 83. Section 513 of the same Code, replaced by the Act of 7 June 1963, is replaced by the following provision:
"Art. 513. When the fire has been placed during the night, the penalties for sections 510 to 512 will be replaced:
the imprisonment of fifteen years to twenty years, by the imprisonment of twenty years to thirty years;
10 to 15 years ' imprisonment, by imprisonment for 15 years to twenty years;
Imprisonment and fine, referred to in 511, second paragraph, and in 512, first paragraph, by imprisonment from five years to ten years;
imprisonment and fine, brought to section 512, second paragraph, by imprisonment of one year to four years and a fine of 50 francs to five hundred francs. »
Art. 84. In section 518 of the same Code, replaced by the Act of 7 June 1963 and amended by the Act of 10 July 1996, the words "or forced labour in time" are replaced by the words "from fifteen years to twenty years or a lower term".
Art. 85. In section 521 of the same Code, replaced by the law of June 7, 1963, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 86. Section 525 of the same Code is replaced by the following provision:
"Art. 525. When the facts provided for in the preceding two articles have been committed in meetings or in gangs and with the help of violence, assault or threats, the perpetrators will be punished by imprisonment from five years to ten years.
The chiefs and provocateurs will be sentenced to imprisonment from ten years to fifteen years and to a fine of five hundred francs to five thousand francs. "
Art. 87. Section 529 of the same Code is replaced by the following provision:
"Art. 529. If the act has been committed in a meeting or in a band, the sentence will be imprisonment for five years to ten years.
Chiefs and provocateurs will be punished by imprisonment from ten years to fifteen years. »
Art. 88. Section 530 of the same Code is replaced by the following provision:
"Art. 530. The destruction or damage of the property of others, carried out by violence or threats, in a manned house or its outbuildings, and with one of the circumstances set out in section 471, shall be punished by imprisonment from ten years to fifteen years.
The penalty will not be less than 12 years if the crime was committed in a meeting or in a gang.
Chiefs and provocateurs will be punished by imprisonment from fifteen years to twenty years. »
Art. 89. Section 547 of the same Code is replaced by the following provision:
"Art. 547. Will be punished by imprisonment from ten years to fifteen years, those who have misguided or fraudulently flooded all or part of the work of a mine.
If, according to the circumstances, the perpetrator had to assume that he was in the mine one or more persons at the time of the flood, he would be sentenced to imprisonment from fifteen years to twenty years. »
CHAPTER VI. - Provision amending the Act of 4 October 1867 on mitigating circumstances
Art. 90. Section 2, paragraph 3, of the Act of 4 October 1867 on mitigating circumstances, as amended by the Acts of 6 February 1985, 11 July 1994, 13 April 1995 and 28 November 2000, is replaced by the following paragraph:
The direct summons or summons by the Public Prosecutor's Office, as well as the referral by the Board's Board on account of mitigating circumstances, are only possible in the following cases:
1° if the penalty provided by law does not exceed twenty years ' imprisonment;
2° if it is a crime referred to in article 347bis of the Criminal Code where hostage-taking has caused the hostages only a permanent physical or psychological incapacity; regardless of the age of the person taken as a hostage;
3° if it is a crime referred to in Article 472 of the Criminal Code and which, pursuant to Article 473 of the same Code, is punishable by imprisonment from twenty years to thirty years if the violence or threats have only been a permanent physical or mental incapacity for the victim;
4° if it is a crime referred to in Article 510 of the Criminal Code and which, pursuant to Article 513, paragraph 2, of the same Code, is punishable by imprisonment from twenty years to thirty years because the fire was put at night;
5° if it is a crime referred to in section 518, paragraph 1^erthe Criminal Code and which, pursuant to paragraph 2 of the same article, is punishable by twenty-two years ' imprisonment;
6° if it is a crime referred to in Article 530, the last paragraph, of the Criminal Code, and which, pursuant to Article 531 of the same Code, is punishable from twenty years to thirty years ' imprisonment if the violence or threats have for the victim other consequences only a permanent incapacity for personal work under Article 400 of the same Code;
7° if it is a crime referred to in Article 375, last paragraph, of the Criminal Code. »
CHAPTER VII. - Provisions amending the Military Penal Code
Art. 91. In Article 3 of the Military Penal Code, amended by the Decree-Law of 11 October 1916 and by the Act of 10 July 1996, the words "forced labour" are replaced by the words "reclusion from ten years to fifteen years or a higher term",
Art. 92. Section 16 of the same Code, as amended by the Acts of 4 August 1914, 19 July 1934 and 10 July 1996, is replaced by the following provision:
“Art. 16. The penalties imposed by the above-mentioned articles of this Code will be replaced:
imprisonment, imprisonment from five years to ten years or imprisonment from five years to ten years;
detention from five years to ten years, by detention from ten years to fifteen years;
five years to ten years ' imprisonment, ten years to fifteen years ' imprisonment;
detention from ten years to fifteen years, by detention from fifteen years to twenty years,
10 to 15 years ' imprisonment, by imprisonment for 15 years to twenty years;
detention from fifteen years to twenty years, by detention from twenty years to thirty years;
the imprisonment of fifteen years to twenty years, by the imprisonment of twenty years to thirty years;
detention from twenty years to thirty years and imprisonment from twenty years to thirty years by life imprisonment;
the perpetrator will also be sentenced to military degradation. »
Art. 93. In section 30 of the same Code, replaced by the Act of 24 July 1923, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 94. Section 33, paragraph 3, of the same Code, replaced by the Act of 24 July 1923, is replaced by the following paragraph:
"He shall be sentenced to imprisonment from five years to ten years in the case provided for in section 400, and to imprisonment from ten years to fifteen years in the case provided for in article 401 of the said Code. »
Art. 95. Section 35 of the same Code is replaced by the following provision:
“Art. 35. Violence committed by a member against his superior shall be punished:
imprisonment from two years to four years in the case provided for in section 399;
five to ten years ' imprisonment in the case of section 400;
10 to 15 years ' imprisonment in the case of article 401 of the ordinary Criminal Code. »
Art. 96. Article 36 of the same Code is replaced by the following provision:
“Art. 36. If the violence mentioned in the previous article has been committed during the service or on the occasion of service, the penalties imposed by this section will be replaced:
imprisonment from five years to ten years;
five years to ten years ' imprisonment, ten years to fifteen years ' imprisonment;
10 to 15 years ' imprisonment, by imprisonment from fifteen years to twenty years. »
Art. 97. Section 39 of the Code, as amended by the Act of 10 July 1996, is replaced by the following provision:
“Art. 39. When the violence committed in times of war and the military active by a member against his superior has caused a personal illness or incapacity for work, the perpetrator will be sentenced to imprisonment from fifteen years to twenty years. He shall be sentenced to imprisonment from twenty years to thirty years, in the case provided for in article 401, § 1^erthe ordinary Criminal Code. The penalty shall be life imprisonment, with military degradation, in the case of article 401, § 2, of the Code. »
Art. 98. In section 41 of the same Code, the words "or forced labour" are replaced by the words "in time".
Art. 99. In section 50 of the same Code, replaced by the Act of 24 July 1923, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 100. In article 51 of the same Code, as amended by the Decree-Law of 11 October 1916, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 101. In article 58bis of the same Code, inserted by the Decree-Law of 14 September 1918 amended by the laws of 24 July 1923 and 10 July 1996, the following amendments are made:
1° in paragraph 1^er, the words "in forced labour" are replaced by the words "in prison";
2° in paragraph 2, the words "of detention or forced labour for life or in time" are replaced by the words "of detention from twenty years to thirty years or of a lower term or imprisonment from ten years to fifteen years or a higher term".
Art. 102. Section 59 of the Code, replaced by the Act of 24 July 1923 and amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 59. Where mitigating circumstances exist:
The penalty of life imprisonment, as provided for in articles 17, 19 to 21, 31 and 52, will be replaced by detention in time.
The penalty of life imprisonment, as set out in sections 23, 25 and 28 will be replaced either by timely detention or by correctional imprisonment.
The prison sentence under sections 28, 31 and 51 will be replaced, in the first two cases, by correctional imprisonment, in the third, by a lesser period of detention or by correctional imprisonment.
The sentence of imprisonment from five years to ten years under sections 30, 50 and 51 will be replaced by correctional imprisonment.
Military degradation will be replaced by dismissal, if the perpetrator is an officer.
The dismissal will be replaced by disciplinary penalties, which may be brought to the quintuple of the maximum set by the Discipline Regulation.
Military imprisonment will be replaced, either by lower-term military imprisonment or by disciplinary penalties that may be imposed double the maximum established by the Disciplinary Regulations. »
CHAPTER VIII. - Provision amending the Act of 7 July 1875 containing criminal provisions against bids or proposals to commit certain crimes
Art. 103. Article 1^er of the Act of 7 July 1875 containing criminal provisions against offers or proposals to commit certain crimes, as amended by the Act of 9 April 1930, the words "death penalty or forced labour" are replaced by the words "perpetual detention or life imprisonment, ten years to fifteen years ' imprisonment or a higher term".
CHAPTER IX. - Disposition amending the Act of 30 May 1892 on hypnotism
Art. 104. In section 3 of the Act of 30 May 1892 on hypnotism, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
CHAPTER X. - Provision amending the law of 1^er May 1913 repealing the Act of 4 March 1870 on the Reduction of Separation
Art. 105. Article 1^erParagraph 1^erof the law of 1^er May 1913, repealing the Act of 4 March 1870 on the Reduction of Sanctions Under the Separation Regime, is replaced by the following provision:
“Article 1^er. Convicts of imprisonment, detention or imprisonment shall, as long as the state of prisons permit, be subject to the regime of separation. "
CHAPTER XI. - Provision to amend the Decree-Law of 13 November 1915 concerning voluntary mutilation in wartime
Art. 106. In article 2, paragraph 1^er, from the Decree-Law of November 13, 1915 on voluntary mutilation in wartime, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
CHAPTER XII. - Provision amending the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances
Art. 107. In section 2bis of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances, inserted by the Act of 9 July 1975 and amended by the Act of 14 July 1994, the following amendments are made:
1° in paragraph 2, the word "reclusion" is replaced by the words "reclusion from five years to ten years";
2° in paragraphs 3 and 4, the words "forced labour" are replaced by the words "reclusion".
CHAPTER XIII. - Provisions amending the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries
Art. 108. In sections 28 and 29 of the Act of 5 June 1928 revising the disciplinary and penal code for merchant marine and marine fishing, the term "reclusion" is replaced by the words "reclusion from five years to ten years".
Art. 109. Section 33 of the Act is replaced by the following provision:
“Art. 33. Those who, by fraud, violence or threats to the master, will take possession of the ship will be punished by imprisonment from ten years to fifteen years.
If they are officers or commanders of the conspiracy, they will be liable to imprisonment from fifteen years to twenty years. »
Art. 110. In section 34 of the Act, the words "forced labour from fifteen years to twenty years or forced labour to life" are replaced by the words "reclusion from fifteen years to twenty years or from twenty years to thirty years".
Art. 111. In section 35 of the same Act, as amended by the Act of 10 July 1996, the words "forced labour for life" are replaced by the words "with the term of imprisonment from twenty years to thirty years".
Art. 112. In section 66 of the Act, the words "forced labour" are replaced by the words "reclusion".
Art. 113. Section 68 of the Act, as amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 68. Any captain who has committed acts of piracy shall be punished by the imprisonment of fifteen years to twenty years.
Persons charged with the same acts shall be punished by imprisonment from ten years to fifteen years.
If, in the case of the preceding paragraphs, there has been involuntary homicide, the sentence will be imprisonment from twenty years to thirty years.
If there has been a voluntary homicide, the perpetrators will be punished with life imprisonment. »
Art. 114. In section 70 of the Act, the term "reclusion" is replaced by the words "reclusion from five years to ten years".
CHAPTER XIV. - Provision amending the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation
Art. 115. In section 30 of the Act of 27 June 1937 revising the Act of 16 November 1919 on the regulation of air navigation, replaced by the Act of 20 July 1976 and amended by the Act of 10 July 1996, the following amendments are made:
1° in the introductory sentence of paragraph 1^er, the words "forced labour" are replaced by the word "reclusion";
2° in the introductory sentence of paragraph 2, the words "forced labour to life" are replaced by the words "reclusion of twenty years thirty years. »
CHAPTER XV. - Provision to amend the Decree-Law of 13 May 1940 to strengthen the repression of certain acts committed in times of war
Art. 116. Article 1^er of the Decree-Law of 13 May 1940 strengthening the repression of certain acts committed in times of war, as amended by the Act of 10 July 1996, is replaced by the following provision:
“Article 1^er. When in times of war, as determined by section 58 of the Act of 15 June 1899, thefts, destructions or damages of property of others were committed either in places evacuated by the inhabitants because of war events or during the occurrence of lights in places where it was ordered by the competent authority, the penalties imposed against the authors
imprisonment from ten years to fifteen years;
five years to ten years ' imprisonment by 15 years to twenty years ' imprisonment;
10 to 15 years ' imprisonment from twenty years to thirty years ' imprisonment;
the imprisonment of fifteen years to twenty years and the imprisonment of twenty years to thirty years by life imprisonment. »
CHAPTER XVI. - Provision amending the Act of 4 August 1955 concerning State security in the field of nuclear energy
Art. 117. In Article 3 of the Act of 4 August 1955 concerning the security of the State in the field of nuclear energy, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
CHAPTER XVII. - Provision amending the Act of 28 May 1956 on explosive or deflagrated substances and mixtures and the equipment responsible for them
Art. 118. In section 6 of the Act of 28 May 1956 on explosive or deflagrated substances and mixtures and equipment that are loaded, the word "reclusion" is replaced by the words "reclusion from five years to ten years".
CHAPTER XVIII. - Provision to amend the Post Service Act of 26 December 1956
Art. 119. In section 30 of the Post Service Act of 26 December 1956, the words "forced labour" are replaced by the word "reclusion".
CHAPTER XIX. - Provision amending the Youth Protection Act of 8 April 1965
Art. 120. In Article 50, § 2, 3°, of the Law of 8 April 1965 on the Protection of Youth, replaced by the Law of 2 February 1994, the words "forced labour" are replaced by the words "reclusion".
CHAPTER XX. - Provision amending the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 121. In section 77bis, of the Act of 15 December 1980 on Access to Territory, Residence, Establishment and Displacement of Aliens, inserted by the Act of 13 April 1995, amended by the Acts of 28 November 2000 and 2 January 2001, the following amendments are made:
1° in paragraph 2, the word "reclusion" is replaced by the words "reclusion from five years to ten years";
2° in paragraph 3, the words "forced labour" are replaced by the words "reclusion".
CHAPTER XXI. - Provision amending the Act of 30 July 1981
to suppress certain acts inspired by racism or xenophobia
Art. 122. In article 4 of the Act of 30 July 1981 to punish certain acts inspired by racism or xenophobia, as amended by the Act of 12 April 1994, the words "forced labour" are replaced by the words "reclusion".
CHAPTER XXII. - Provisions amending the Act of 20 July 1990
on preventive detention
Art. 123. In section 16 of the Act of 20 July 1990 on preventive detention, the words "forced labour" are replaced by the word "reclusion".
Art. 124. In section 24 of the Act of 20 July 1990 on preventive detention, the words "forced labour" are replaced by the word "reclusion".
CHAPTER XXIII. - Provision amending the Corporate Code
Art. 125. In section 127 of the Corporate Code, the term "reclusion" is replaced by the words "reclusion from five years to ten years".
CHAPTER XXIV. - Abrogatory provisions
Art. 126. The Decree of 20-25 March 1792 on the method of execution of the death penalty is repealed.
Art. 127. Section 24 of the Act of 10 July 1996 on the abolition of the death penalty and amending criminal penalties is repealed.
CHAPTER XXV. - Final provision
Art. 128. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 January 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) House of Representatives.
Parliamentary documents.
50-1747-2002/2003.
Number 1: Bill.
Number two: Erratum.
Number three: Amandements.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
No. 7: Draft amended by the Senate.
Number 8: Report.
No. 9: Text adopted in plenary session and subject to Royal Assent.
Annales parlementaire . - Discussion and adoption. Sessions of November 27 and 28, 2002.
Senate.
Parliamentary documents.
2-1329-2002/2003.
No. 1: Project transmitted by the House of Representatives.
Number two: Erratum.
Number three: Report.
No. 4: Text amended by the commission.
No. 5: Text amended by the Senate and referred to the House of Representatives.