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Act Amending Part Two, Book Ii, Title V Of The Judicial Code On Discipline And Related Act Of 7 May 1999 Amending The Judicial Code In What Concerns The Disciplinary Regime Applicable To Members Of The Judiciary (1)

Original Language Title: Loi modifiant la deuxième partie, livre II, titre V du Code judiciaire relatif à la discipline et rapportant la loi du 7 mai 1999 modifiant le Code judiciaire en ce qui concerne le régime disciplinaire applicable aux membres de l'Ordre judiciaire (1)

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7 JULY 2002. - An Act to amend Part Two, Book II, Title V of the Judicial Code on Discipline and to bring the Act of 7 May 1999 to amend the Judicial Code with respect to the disciplinary regime applicable to members of the Judicial Order (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Judicial Code
Art. 2. Section 404 of the Judicial Code is supplemented by the following paragraph:
"Disciplinary sanctions under this chapter may also be imposed on those who neglect the tasks of their office and who thus affect the proper functioning of justice or trust in the institution. »
Art. 3. Section 405 of the same Code is replaced by the following provision:
"Art. 405. § 1er. Minor disciplinary penalties are:
- warning;
- Reprimand.
§ 2. Major disciplinary penalties are:
First degree:
- treatment deduction;
- disciplinary suspension;
- the withdrawal of the mandate referred to in article 58bis;
- disciplinary suspension with withdrawal of the term referred to in article 58bis;
2° second degree :
- resignation from office;
- dismissal or revocation.
§ 3. The deduction shall apply for a maximum of two months and shall not exceed that provided for in section 23, paragraph 2, of the Act of April 12, 1965 concerning the protection of the remuneration of workers.
Disciplinary suspension is imposed for a period of at least one month and not more than one year.
Disciplinary suspension results in a loss of 20% of gross treatment.
During periods of disciplinary suspension, the person concerned may not claim his or her securities to the promotion or advancement of his or her salary scale.
The withdrawal of the term referred to in section 58bis is therefore that the person concerned may no longer be a candidate for a term referred to in section 58bis except for the cases of rehabilitation or review referred to in sections 427ter and 427quater.
The resigning of office has lost the capacity of a member of the Judicial Order or a member of the Registry staff and prosecutorial secretariats.
Dismissal and revocation result in the loss of the quality of a member of the Judicial Order or a member of the Registry staff and prosecutorial secretariats and the loss of pension.
Any final major disciplinary penalty shall not be applied to the Supreme Council of Justice except for the cases of rehabilitation or review referred to in sections 427ter and 427quater. »
Art. 4. In the same Code, an article 405bis is inserted, which reads as follows:
"Art. 405bis . When several disciplinary breaches are attributed to the person concerned, only one procedure is initiated to his or her office which can only result in one disciplinary sentence.
If a new breach is imputed to him during the disciplinary process, a new procedure is initiated without interrupting the procedure already initiated.
In the event of connexity this new breach is, however, instructed and tried during the current procedure. »
Art. 5. In the same Code, an article 405ter is inserted, as follows:
"Art. 405ter . The competent authority to initiate disciplinary proceedings shall immediately notify the King or Minister of Justice that disciplinary proceedings have been initiated. »
Art. 6. In the same Code, an article 405quater is inserted, as follows:
"Art. 405quater . As soon as disciplinary proceedings are initiated, the review of the application for resignment to the King or Minister of Justice is suspended until the end of the disciplinary proceedings. »
Art. 7. Section 406 of the same Code is replaced by the following provision:
"Art. 406. § 1er. When a person is prosecuted for a crime or offence or when a person is disciplined, the person concerned may, when the interest of the service so requires, be suspended from duty by order during the period of prosecution and until the final decision.
The order is issued by the competent disciplinary authority to impose a minor penalty for one month and may be extended from month to month until the final decision. It can result in a 20 per cent reduction in gross treatment.
No order may be taken without prior hearing of the person concerned in accordance with the procedure provided for in section 423.
However, in the event of extreme emergency or flogging a provisional order may be taken without prior hearing from the person concerned. The person concerned will be heard immediately after the interim measure is applied. Unless confirmed within 10 days by the authority that took the interim measure ceases to produce its effects.
§ 2. When a disciplinary penalty resulting in a deduction of treatment is taken against a person who has been ordered with a reduction of treatment, the disciplinary penalty shall be effective as soon as the ordering measure has taken place.
The amount of treatment retained during the order is deducted from the amount of the loss of treatment related to the disciplinary penalty resulting in a deduction of treatment. If the amount of the treatment is greater than the amount of the loss of treatment related to the disciplinary penalty resulting in a deduction of treatment, the difference is liquidated to the person concerned.
The amounts deducted shall be liquidated to the person concerned where the order is not followed by a disciplinary penalty or a criminal conviction for the same facts or if the criminal action is extinguished or if there has been a non-court order or a classification without action. »
Art. 8. In the second part, Book II, Title V, of the same Code, the title of Chapter III, which includes sections 409 to 416, is replaced by the following title:
"CHAPITRE III. - Competent authorities
Art. 9. In the second part, Book II, Title V, Chapter III, of the same Code, Section I which includes sections 409 to 413 is replaced by the following:
Section I. - National Disciplinary Board
Art 409 § 1er. A competent National Disciplinary Council is established to investigate acts that may be disciplined by a major disciplinary penalty and to render a non-binding opinion as to the penalty to be imposed in this case.
The National Council of Disciplinary shall exercise its jurisdiction over the judges, referees to the Court of Cassation, referees and prosecutors referred to in section 156ter , officers in the department of documentation and consistency of the texts with the Court of Cassation, clerks, secretaries and staff of the offices and prosecutors.
§ 2. The National Discipline Council includes a French-speaking room and a Dutch-speaking room. Each chamber has a rapporteur secretary who attends the deliberations but does not participate in the decision-making process.
When it is called upon to exercise its competence with respect to a magistrate, a referee near the Court of Cassation, a clerk in the service of documentation and the consistency of the texts with the Court of Cassation, a referendum or a prosecutor's legal officer referred to in section 156ter, the competent linguistic chamber of the National Council of Disciplinary shall be composed of three external judges
When she is called upon to exercise her competence with respect to a clerk, secretary or a staff member of the office of the office of the court, the linguistically competent board of the National Council of Disciplinary is composed of two judges of the office, a magistrate of the public prosecutor's office, a clerk, a secretary and two external members of the judicial order selected from lawyers and university professors teaching the law.
In the event of a legitimate incapacity, it is called upon alternates.
The King determines the number of alternates and the rules to be followed when replacing the actual members.
§ 3. Judges who may sit in the National Council of Disciplinary and their alternates shall be elected for four years by their General Assembly or their Body Assembly among the magistrates who have been serving as a magistrate for at least ten years and who have not been in the process of disciplinary action and who shall be candidates for the office.
Clerks and secretaries who may serve on the National Disciplinary Council and their alternates shall be appointed for four years by the Minister of Justice among the Clerks and Secretaries in office for at least ten years and who have not incurred disciplinary penalties and who are candidates for the position.
External members of the judicial order who may sit on the National Council of Disciplinary and their alternate members are appointed by the Council of Order, among lawyers with a professional experience of at least ten years at the bar and who have not incurred a disciplinary penalty, and by the boards of directors of the universities of the French Community and the Flemish Community among law professors with a professional experience of at least ten years as a university professor
A drawing of lots then determines which magistrates, clerks, secretaries and external members of the judiciary will sit on the National Disciplinary Council for a period of four years either as an officer or as an alternate.
Judges justifying the knowledge of the German language designated by their general assembly or by their body assembly which have not been designated by lot as actual or alternate members shall be taken up in a reservation for the application of § 5, paragraph 1er.
§ 4. The designation in the National Discipline Council is incompatible with the exercise of a political mandate and the membership of the Supreme Council of Justice.
Section 828 is applicable to the effective members and alternate members of the National Disciplinary Council.
Where serious reasons justify it, the term of office of an effective or alternate member may be terminated by the National Disciplinary Council, which shall decide by a majority of the votes cast in each chamber. Decisions are not subject to appeal. The term may be terminated only after hearing the actual or alternate member on the grounds invoked.
The person concerned shall be summoned at least five working days before the hearing by a registered letter to the post indicating at least:
1° the serious grounds invoked;
2° the proposed termination of the mandate;
3rd place, day and time of hearing;
4° the right of the person concerned to be assisted by the person of his or her choice;
5° where the file can be consulted;
6° the right to call witnesses.
The person concerned and the person who commits him, may consult the file from the date of the summons to and including the day before the hearing.
He's made minutes of the hearing.
Once a record is entered, the composition of the competent board of the National Disciplinary Council may not vary.
Members whose term expires continue to serve until the notice or decision is delivered.
When a legitimately prevented member is replaced during the examination of a file, the board has resumed the examination of the file from the beginning.
§ 5. When the National Council of Disciplinary does not count any magistrate justifying the knowledge of the German language in accordance with the Act of 15 June 1935 on the use of languages in judicial matters, as an effective member or as an alternate member, and the person being disciplined requests to be able to speak in the German language, the youngest magistrate shall be replaced by a judge justifying the knowledge of the German language designated by drawing in the reservation referred to in § 3, paragraph 5.
In the absence of a judge justifying the knowledge of the German language, an interpreter is called upon.
The general regulation on the costs of law enforcement established by the Royal Decree of 28 December 1950 is applicable to interpreters whose examination is required by the board dealing with a case in German.
§ 6. The King sets out the terms of the elections, the drawing of lots and designations and the number of members to be nominated for the drawing of lots.
§ 7. The effective members of each chamber shall choose within them the magistrate of the seat called to preside over it.
The decisions of the rooms are adopted by a simple majority.
The National Discipline Council submits its rules of procedure for the approval of the Minister of Justice.
§ 8. The Minister of Justice shall make available to the National Disciplinary Council the secretaries Rapporteurs, and, where appropriate, the administrative staff necessary for its proper functioning.
§ 9. The National Disciplinary Board shall hold its hearings in the premises of the Court of Cassation.
§ 10. Members of the National Disciplinary Council are entitled to reimbursement of travel and residence expenses in accordance with the provisions applicable to State officials. For living expenses they are considered to be officials of the rank 13. In addition, they are entitled to a presence token whose amount is fixed by the King. »
Art. 10. In the second part, Book II, Title V, Chapter III, of the same code, Section II, which includes section 414, is replaced by the following:
"Section II. - Competent authorities to initiate
disciplinary proceedings
Art. 410. § 1er. Disciplinary authorities competent to initiate disciplinary proceedings are:
1° with regard to the magistrates of the siege except for the judges of the Court of Cassation:
- the first president of the Court of Cassation in respect of the first presidents of the courts of appeal and the first presidents of the courts of work;
- the first president of the Court of Appeal in respect of the members of the Court of Appeal, the presidents of the Courts of First Instance and the presidents of the Courts of Commerce, the judges of Supplement to the Court of First Instance and the judges of Supplement to the Court of Commerce of the relevant jurisdiction;
- the first president of the labour court in respect of the members of the labour court, including social advisers, the presidents of the labour tribunals and the judges of supplement to the labour court of the relevant jurisdiction;
- the president of the court of first instance in respect of the members of the court of first instance, the justices of the peace, the judges of the police court, the judges of the peace of supplement and the judges of the police court;
- the President of the Commercial Court with respect to members of the Commercial Court, including consular judges;
- the president of the Labour Court in respect of members of the Labour Court, including social judges;
2° with regard to the magistrates of the public prosecutor's office except for the magistrates near the Court of Cassation:
- the Attorney General at the Court of Cassation in respect of Attorneys General at the Courts of Appeal and the Federal Prosecutor;
- the Attorney General near the Court of Appeal in respect of members of the Attorney General's Office near the Court of Appeal, members of the Auditor General near the Court of Work, the King's Attorneys, the Labour Auditors, the Deputy Attorneys of the King of Supplement and the Deputy Auditors of the Complementary Work;
- the King's prosecutor in respect of the members of the Crown Prosecutor's Office;
- the auditor of work in respect of the members of the labour auditorship;
- the federal prosecutor in respect of federal judges;
- in respect of the assisting magistrates, the competent disciplinary authority for the function to which they were appointed;
3° with regard to the judges of the Court of Cassation:
- the general assembly of the Court of Cassation in respect of the first president of the Court of Cassation;
- the first president of the Court of Cassation in respect of magistrates at the seat of the Court of Cassation;
- the Minister of Justice in respect of the Attorney General at the Court of Cassation;
- the Attorney General near the Court of Cassation in respect of the First Attorney General and General Counsel at the Court of Cassation;
4° with respect to referees near the Court of Cassation:
- the first president of the Court of Cassation in respect of referees who assist counsellors;
- the Attorney General near the Court of Cassation in respect of referees who assist the members of the Prosecutor ' s Office;
5° with respect to referenda and prosecutors:
- the first president of the Court of Appeal with respect to referees near the Court of Appeal;
- the president of the court of first instance in respect of the referenda to the court of first instance;
- the Attorney General near the Court of Appeal with respect to prosecutors near the Attorney General's Office;
- the King's prosecutor in respect of prosecutors near the court of first instance;
6° with regard to the officers in the service of documentation and the consistency of the texts with the Court of Cassation, the Attorney General near this Court;
7° with respect to the clerks, secretaries and staff of the offices and offices:
- the Attorney General near the Court of Cassation in respect of the Chief Clerk of the Court of Cassation and the Chief Secretary of the Attorney General's Office near the Court of Cassation;
- the Attorney General near the Court of Appeal in respect of the Chief Clerk of the Court of Appeal and the Labour Court and the Chief Secretary of the Attorney General's Office near the Court of Appeal and the Court of Work;
- the Crown Prosecutor in respect of the Chief Clerk of the Court of First Instance, the Chief Clerk of the Court of Commerce, the Chief Clerk of the Police Court, the Chief Clerk of the Justice of the Peace and the Chief Secretary of the Prosecutor ' s Office;
- the auditor of work with the Chief Clerk of the Labour Court and the Chief Secretary of the Labour Auditorate;
- the Chief Clerk in respect of Clerks Chief of Service, Clerks and Assistant Clerks, Editors and Registry Employees;
- the Chief Secretary in respect of the Chief Secretary of Service, secretaries, assistant secretaries, translators, editors and office staff;
- the federal prosecutor in respect of the Chief Secretary of the Federal Prosecutor's Office;
- Chief Secretary of Service, Secretaries, Assistant Secretaries, Translators, Editors and Federal Public Prosecutors.
§ 2. The magistrate or, in the event of misconduct or negligence committed at the hearing, the presiding magistrate initiates disciplinary proceedings against the registrars for misconduct or negligence committed in the assistance they provide to the magistrate.
§ 3. The disciplinary authority competent to initiate disciplinary proceedings shall hear complaints from any interested person concerning a breach of the obligations prescribed in section 404 committed by a person subject to his or her disciplinary jurisdiction.
In order to be admissible complaints are filed in writing, must be signed and dated and must contain the full identity of the complainant.
The person who has been the subject of the complaint is informed by the competent disciplinary authority to initiate a disciplinary procedure for the existence of the complaint, the identity of the complainant and the facts charged to him as long as the complaint has been deemed admissible.
§ 4. The Public Prosecution Service may refer to any disciplinary authority referred to in this section of a disciplinary proceeding. »
Art. 11. In the second part, Book II, Title V, Chapter III, of the same Code, sections IIbis and IIter, which include sections 414bis and 414ter, are repealed.
Art. 12. In the second part, Book II, Title V, Chapter III, of the same Code, Section III, which includes section 415, is replaced by the following:
"Section III. - Competent authorities to instruct
Art. 411. § 1er. With the exception of the judges referred to in Article 410, § 2, who transmit the file to the competent disciplinary authority in respect of the clerk concerned, the authorities referred to in Article 410, § 1er, or a person of at least equal rank that they designate within the same body or the head of body of the higher degree, conducts disciplinary instruction with respect to the facts that are likely to be punished by a minor sentence.
§ 2. The competent authority to impose a minor sentence and after instructing the facts considers that a major sentence should be imposed, must refer to the competent linguistic chamber of the National Disciplinary Council. »
Art. 13. In the second part, Book II, Title V, Chapter III, of the same Code, Section IV, which includes section 416, is replaced by the following:
"Section IV. - Competent authorities to impose a sentence
Art. 412. § 1er. The competent disciplinary authority to impose a minor penalty is the authority referred to in Article 410, § 1er.
By derogation from the provisions of the preceding paragraph, the competent authority to impose a minor penalty is:
- the Attorney General to the Court of Cassation in respect of the referees who assist counsel in the Court of Cassation;
- the Attorney General near the Court of Appeal for Referendums near the Courts of Appeal;
- the King's prosecutor in respect of the referendums near the courts of first instance.
§ 2. The competent disciplinary authority to impose a major penalty is:
1° with regard to the magistrates of the siege except for the judges of the Court of Cassation:
- the first Chamber of the Court of Appeal in respect of the Presidents of the Courts of First Instance and the Presidents of the Courts of Commerce, the members of the Courts of First Instance, the Courts of Commerce, including the Consular Judges, the Judges of Supplement to the Courts of First Instance and the Courts of Commerce, the Justices of Peace of Supplement, the Judges of the Police Courts and the Judges of Supplement to the Police Courts;
- the first Chamber of the Labour Court in respect of the Chairpersons of the Labour Courts, members of the Labour Courts, including social judges and judges to supplement the Labour Court; :
- the first Chamber of the Court of Cassation in respect of the first presidents of the Courts of Appeal and Labour Courts, members of the Courts of Appeal and the Courts of Work, including social advisers.
2° the general assembly of the Court of Cassation in respect of the first president of the Court of Cassation and the members of the seat of the Court of Cassation.
3° with respect to members of the Public Prosecutor's Office:
- in respect of the Attorney General near the Court of Cassation, the King for the revocation and resignation of office and the Minister of Justice for other major penalties;
- in respect of the first general lawyer near the Court of Cassation, general lawyers near the Court of Cassation, general prosecutors near the courts of appeal and the federal prosecutor, the King for revocation and resignation of office and the Attorney General near the Court of Cassation for other major penalties;
- in respect of federal magistrates, the King for revocation and resignation of office and the Federal Prosecutor for other major penalties;
- in respect of the other magistrates of the Public Prosecutor's Office, including the substitutes of the King's Prosecutor of Supplement and the substitutes of the auditor of the supplementary work, the King for revocation and resignation of office and the Attorney General near the Court of Appeal for other major penalties.
4° with respect to referees to the Court of Cassation, the clerks of the Court of Cassation, the clerks of the Court of Cassation, the clerks of the Court of Cassation, the clerks of the Chief of Service, the clerks, the clerks of the Court of Cassation, the deputy clerks of the Court of Cassation, including for the errors committed in the assistance they render to the magistrate,
5° with respect to non-scheduled referendums and prosecutors, the King for revocation and resignation of office and the Attorney General near the Court of Appeal for other major penalties.
6° with respect to the clerks, including for the faults committed in the assistance they provide to the magistrate and the secretaries not referred to in the 4th, the King for the revocation and resignation of office and, as the case may be, the Attorney General near the Court of Appeal or the Federal Prosecutor for the other major penalties.
7° with respect to translators, editors, prosecutors and court clerks, the Minister of Justice for the revocation and resignation of office and, as the case may be, the Attorney General at the Court of Cassation, the Attorney General at the Court of Appeal or the Federal Prosecutor for other major penalties. »
Art. 14. In the second part, book II, title V chapter III, of the same Code, is inserted a section V which includes articles 413 and 414 as follows:
“Section V. - Common provisions
Art. 413. Persons who exercise, in or outside a jurisdiction, a prosecutor's office, a court office or a public prosecutor's office, other functions than those for which they were appointed continue to be disciplined by the competent authorities in relation to the function in which they were appointed.
Art. 414. Alternate magistrates are, in this capacity, the same disciplinary authorities as the actual magistrates. »
Art. 15. In the second part, book II, title V, chapter III, of the same Code, it is inserted a section VI which includes section 415, as follows:
"Section VI. - Appeals bodies
Art. 415. § 1er. The General Assembly of the Court of Cassation hears appeals against:
1° the minor penalties imposed on members of the seat of the Court of Cassation with the exception of the first president of that court;
2° the major penalties imposed:
- the first presidents of the appeal courses;
- the first presidents of the work class.
§ 2. The Chambers of the Court of Cassation hear appeals against the major penalties imposed:
- members of appeal courses;
- members of work courses including social advisors;
- the presidents of the courts of first instance;
- the presidents of the labour courts;
- the presidents of the commercial courts;
- members of the courts of first instance, including judges to supplement the courts of first instance;
- members of the labour courts, including judges to supplement the labour courts and social judges;
- members of the trade tribunals, including judges to complement the trade tribunals and consular judges;
- additional justices of the peace and justices of the peace;
- judges in the police courts and judges of complement to the police courts.
§ 3. The first Chamber of the Court of Cassation hears appeals against minor penalties:
- the first presidents of the appeal courses;
- the first presidents of the labour courts;
- members of appeal courses;
- members of work courses including social advisors;
- the presidents of the courts of first instance;
- the presidents of the labour courts;
- to the presidents of the commercial courts.
§ 4. The first Chamber of the Court of Appeal hears against minor penalties imposed:
- members of the courts of first instance, including judges to supplement the courts of first instance;
- members of the trade tribunals, including judges to complement the trade tribunals and consular judges;
- additional justices of the peace and justices of the peace;
- judges in the police courts and judges of complement to the police courts.
§ 5. The first Chamber of the Labour Court hears appeals against minor penalties imposed on members of the labour courts, including judges to supplement the labour courts and social judges.
§ 6. The Minister of Justice has heard appeals against:
1° the minor penalties imposed:
- first general lawyer and general lawyers near the Court of Cassation;
- to the Attorneys General near the Courts of Appeal;
- to the Federal Prosecutor;
- to referees near the Court of Cassation;
- attached to the service of documentation and the consistency of texts with the Court of Cassation;
- to the Chief Clerk of the Court of Cassation;
- to the Chief Secretary of the Public Prosecutor ' s Office at the Court of Cassation.
2° major penalties other than revocation and resignation of office inflicted:
- members of the Public Prosecutor's Office except the Attorney General at the Court of Cassation;
- to referees near the Court of Cassation;
- attached to the service of documentation and the consistency of texts with the Court of Cassation;
- to referendums;
- to prosecutors;
- to the clerks, secretaries and staff of the offices and the prosecutors ' offices.
§ 7. The Attorney General at the Court of Cassation hears appeals against minor penalties, imposed:
- members of the public prosecutor's office near the appeal courses;
- members of the general auditorate near work;
- to the King ' s prosecutors;
- to labour auditors;
- to federal judges;
- substitutes for the King ' s Prosecutor;
- substitutes of the auditor of the supplement work;
- magistrates of assistance;
- to referees near the appeal courses;
- to prosecutors of the public prosecutor's office close to the courts of appeal;
- Clerks and court clerks of appeal and work courses;
- to the secretaries and staff of the public prosecutor's offices of appeal courses, work courses and the Federal Prosecutor's Office.
§ 8. The Attorney General at the Court of Appeal has heard appeals against the ill-treated penalties, which are imposed:
- members of the public prosecutor ' s office near the courts of first instance;
- members of the labour auditors;
- to referees near the courts of first instance;
- to prosecutor ' s prosecutor ' s lawyers near the courts of first instance;
- the clerks and the staff of the courts of first instance, the labour courts, the commercial courts, the police courts and the justices of the peace;
- to the secretaries and staff of the prosecutor ' s secretariats near the courts of first instance.
§ 9. The authorities of appeal may impose a penalty less than or more than that imposed or not impose a sentence.
The competent authority to hear appeals against minor penalties may impose a major penalty only after receiving the advice of the National Disciplinary Council.
§ 10. No appeal is open to the State Council against the first and second instance disciplinary penalties issued by judicial bodies.
§ 11. The appeals under articles 608, 609 and 612 are excluded.
§ 12. The Public Prosecutor's Office has a right of appeal against disciplinary action.
§ 13. The person concerned and the Public Prosecutor's Office may appeal against the measures referred to in section 406. The appeal shall be appealed to the competent disciplinary authority in respect of the person concerned to hear an appeal against a minor sentence. »
Art. 16. Section 416 of the same Code, as amended by the Acts of 25 April 1983, 17 February and 20 May 1997, is repealed.
Art. 17. Section 418 of the same Code is replaced by the following provision:
"Art. 418. Disciplinary proceedings are brought within six months of the knowledge of the facts by the competent disciplinary authority to initiate disciplinary proceedings. »
Art. 18. Section 419 of the same Code is replaced by the following provision:
"Art. 419. The investigating authority may request access to the criminal file to the Attorney General near the Court of Appeal.
The investigating authority may lay all useful acts.
The person concerned is heard during the instruction She may be assisted or represented by the person of her choice.
The personal appearance of the person concerned may be ordered by the investigating authority.
The instruction file is made available to the person concerned and the person of his or her choice at least 15 days before the appearance before the instructional body.
The possible complaint and its annexes are on the investigation file.
Each member of the judiciary and the Registry staff and prosecutors' offices is required to cooperate loyally with the disciplinary investigations that he or she is not or could not be subject to. With a view to finding possible disciplinary transgressions, the member provides his or her collaboration with the disciplinary investigations that he or she is not or could not be subject to himself and answers specifically to the questions raised to him.
In all cases in which he was seized, the National Disciplinary Council shall seize the competent authority to impose a first-degree penalty by transmitting the file and its opinion as to the possible penalty to be imposed.
The competent authority to impose a first-degree major sentence shall hear the person concerned in all cases where it has been seized.
No appeal is open against the decision of the competent authority to impose a first-degree penalty to the competent authority to impose a second-degree major sentence.
If the competent authority to impose a first-degree major sentence is of the opinion that a second-degree major sentence must be imposed, it shall forward the file to the competent authority to impose a second-degree major sentence. »
Art. 19. Section 420 of the same Code is replaced by the following provision:
"Art. 420. The first Chamber of the Court of Cassation and the first Chambers of the Courts of Appeal and Labour shall not sanction the person concerned with the resignation of office, dismissal or revocation until a two-thirds majority of the votes. »
Art. 20. Section 421 of the same Code is replaced by the following provision:
"Art. 421. The person concerned may be assisted or represented by the person of his or her choice before the disciplinary authority.
The hearing shall be held in public hearing unless the person concerned requests otherwise expressly.
The disciplinary authority may order the personal appearance of the person concerned. »
Art. 21. Section 422 of the same Code is replaced by the following provision:
"Art. 422. The disciplinary file is made available to the person concerned and the person of his or her choice at least 15 days before the appearance. A copy of the file can be obtained free of charge.
The disciplinary file includes the possible complaint, the instruction file, if any, the advice of the National Disciplinary Council, a copy of the summons letter and proof of the recommended sending. »
Art. 22. Section 423 of the same Code is replaced by the following provision:
“Art. 423. No penalty may be imposed without the person concerned being heard or duly called.
The person concerned shall be called by registered letter containing the purpose of the summons, a statement of the facts referred to, the place and time during which the file may be consulted, the place and the date of appearance. "
Art. 23. Section 424 of the same Code is replaced by the following provision:
"Art. 424. The reasoned decision shall be notified, as the case may be, by the Registry or the Secretariat, by registered letter to the post within the month following the decision by the competent disciplinary body, to the person concerned and, in the case of a penalty imposed by a competent authority to impose a major penalty on the competent authority on the basis of Article 412 to impose a minor penalty.
The notification is made by the Minister of Justice when the decision was rendered by the King.
The decision refers to the right to lodge an appeal, the deadline and the procedure to be followed.
When the disciplinary penalty is the direct result of a complaint, the complainant is informed of the decision. »
Art. 24. Section 425 of the same Code is replaced by the following provision:
"Art. 425. Appeals under Article 415 shall be made by the person concerned, to the competent authorities of appeal, within the month of notification of the decision.
The recommended letter to the position contains, as soon as the appeal is invalid, the statement of grievances.
In the event of the death of the person concerned during the appeal period, the penalty does not come out. »
Art. 25. Section 426 of the same Code is replaced by the following:
"Art. 426. If the person concerned does not appear or has not been represented, it is deemed by default.
The time limit for opposition to the default decision is one month from the notification, if the failing warrants that it was not possible to appear.
The reasons why the person concerned could not appear or be represented must be explained in the recommended letter to the position under penalty of nullity.
In the event that the personal appearance is ordered and the person concerned does not appear and has not, under exceptional circumstances, been authorized by the disciplinary authority to be represented, it is deemed by default. "
Art. 26. Section 427 of the same Code is replaced by the following:
"Art. 427. Any disciplinary decision must be forwarded by the disciplinary authority that imposed it on the Minister of Justice.
The Minister of Justice creates a disciplinary case law database where all decisions taken on the basis of sections 404 to 407 are centralized in respect of anonymity.
The data bank may be consulted by all magistrates, referees to the Court of Cassation, referees and prosecutors referred to in section 156ter, officers in the service of the documentation and the consistency of the texts with the Court of Cassation, the clerks, the secretaries, the staff of the Registry and the Public Prosecutors, by the national disciplinary authorities, by the members
The data bank may also be consulted upon written request from the agent who has been designated by the person subject to disciplinary proceedings to assist or represent him or her if authorized by the Minister of Justice. "
Art. 27. It is inserted in the second part, Book II, Title V, of the same Code a new chapter V, the title of which is as follows:
"CHAPITRE V. - Clearance, rehabilitation and revision"
Art. 28. In the same Code, an article 427bis is inserted as follows:
"Art. 427bis . Minor penalties are automatically erased after three years.
Clearance is for the future. »
Art. 29. In the same Code, an article 427ter is inserted as follows:
"Art. 427ter . A person who has been sanctioned by a major sentence other than the resignation of office, the dismissal or revocation may apply for rehabilitation to the disciplinary authority who has sanctioned him after a trial period of 6 years from the date of the decision or order.
The data subject will attach any useful material supporting his request for rehabilitation.
The disciplinary authority shall decide after hearing or duly summoned the person concerned. The latter may be assisted by the person of his choice.
The competent disciplinary authority shall make a reasoned decision within three months of the application, and after taking the opinion of the body head in which the person concerned performs his or her duties at the time of the application for rehabilitation. The opinion of the head of body shall be rendered in the month of the application by the competent authority. If the notice is not given in time, the notice is not expected to be either positive or negative.
The decision is not subject to appeal or appeal.
A new application may be introduced whenever the data subject has new useful parts supporting his or her rehabilitation request.
Rehabilitation is only for the future. »
Art. 30. In the same Code, an article 427quater is inserted as follows:
"Art. 427quater . A person who has been punished by a disciplinary penalty may apply for a review to the disciplinary authority who has sanctioned him as long as he justifies a new element.
The data subject will attach to the application a full report on the grounds and evidence that it holds to obtain a review of the decision or order.
The disciplinary authority may, by a reasoned decision notified to the person concerned within three months of the application, declare the request of the person concerned inadmissible for lack of reasons or evidence without prior hearing from the person concerned.
The disciplinary authority seized shall decide after hearing or duly summoned the person concerned. The latter may be assisted by the person of his choice.
The reasoned decision of the disciplinary authority shall be taken within three months of the application.
A new application may be filed whenever the person concerned considers that he or she can demonstrate that his or her file justifies the review. »
CHAPTER III. - Amendment to the Act of 22 December 1998 on vertical integration of the Public Prosecutor's Office, the Federal Prosecutor's Office and the Crown Prosecutor's Office
Art. 31. Section 23 of the Act of 22 December 1998 on vertical integration of the Public Prosecutor's Office, the Federal Public Prosecutor's Office and the King's Attorneys' Council is repealed.
CHAPTER IV. - Abrogatory provision
Art. 32. The Act of 7 May 1999 amending the Judicial Code with respect to the disciplinary regime applicable to members of the judiciary is reported.
CHAPTER V. - Transitional provisions
Art. 33. By derogation from Article 409, § 3, during the installation of the National Council of Discipline, judges, clerks, secretaries and their deputy shall be appointed for a period of six years.
Art. 34. With the exception of section 405, sections 404 to 427 of the Judicial Code, as applicable before the full coming into force of this Act, remain applicable to all disciplinary actions in which the person concerned was heard before the coming into force of this Act.
CHAPTER VI. - Final provision
Art. 35. This Act comes into force on the date fixed by the King and no later than 18 months after its publication to the Belgian Monitor, with the exception of section 32, which comes into force on the day of its publication to the Belgian Monitor.
Given in Brussels, 7 July 2002.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2001-2002.
House of Representatives.
Parliamentary documents . - Bill, 50-1553 - No. 1. - Opinion of the Superior Council of Justice, 50-1553 - No. 2. - Amendments, 50-1553 - nbones 3 to 6. - Report, 50-1553 - No. 7. - Text adopted by the commission, 50-1553 - No. 8. - Text adopted in plenary and transmitted to the Senate, 50-1553 - No. 9.
Full report. - 6 June 2002.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, 2-1198 - No. 1. - Report, 2-1198 - No. 2. - Text adopted in plenary and subject to Royal Assent, 2-1198 - No. 3.
Annales. - 27 June 2002.