17 AVRIL 2002. - An Act to establish the employment penalty as a stand-alone penalty in correctional and police matters (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Criminal Code
Art. 2. Article 7 of the Criminal Code, amended by the laws of 9 April 1930, 1^er July 1964, July 10, 1996 and May 4, 1999, the words "In Correctional and Police: Imprisonment" are replaced as follows:
"In correctional and police matters:
1° imprisonment,
2° the working sentence.
The penalties provided for in 1° and 2° shall not apply equally. »
Art. 3. In chapter II of Book I of the same Code, it is inserted a new section Vbis, including articles 37ter, 37quater and 37quinquies, as follows:
"Section Vbis . - Work sentence
Art. 37ter . § 1^er. When an act is likely to result in a police sentence or a correctional sentence, the judge may sentence a work sentence as the main sentence. The judge shall, within the limits of the penalties provided for the offence and by law according to its referral, provide for a prison sentence or a fine that may be applicable in the event of non-performance of the working sentence.
The sentence of work shall not be imposed for the acts referred to:
- Article 347bis;
- articles 375 to 377;
- Articles 379 to 386ter , if the facts were committed on minors or by minors;
- articles 393 to 397;
- Article 475.
§ 2. The length of a working sentence may not be less than twenty hours or more than three hundred hours. A working sentence equal to or less than forty-five hours is a police sentence. A working sentence of more than forty-five hours is a correctional penalty.
The sentence of work must be executed within 12 months of the date on which the judicial decision has been passed in force of a judgement. The Probation Commission may, at the request of the convicted person, extend this period.
§ 3. When a working sentence is considered by the judge, required by the Public Prosecutor's Office or requested by the accused, the judge shall inform the judge, prior to the closure of the proceedings, of the scope of such a sentence and hear it in his observations. The judge may also take into account the interests of potential victims. The judge may only pronounce the working sentence if the accused is present or represented at the hearing and after he has given, either in person or through his counsel, his consent.
The judge who refuses to impose a sentence of work must justify his decision.
§ 4. The judge determines the length of the working sentence and may provide guidance on the concrete content of the working sentence.
Art. 37quater . § 1^er. The sentence of work is carried out free of charge by the convict during the time left free by his or her possible school or professional activities.
The working penalty can only be carried out by the public services of the State, the municipalities, the provinces, the communities and the regions or with non-profit associations or foundations for social, scientific or cultural purposes.
The working penalty may not consist of work that, in the public service or the designated association, is generally performed by paid workers.
§ 2. With a view to the application of section 37ter, the Public Prosecutor's Office, the examining magistrate, the investigating courts and the courts of judgment may charge the section of the Houses of Justice Department of the judicial district of the place of the indictee's residence, the accused or the convicted person of drafting a brief information report and/or a social inquiry.
§ 3. Each borough section of the Department of Justice Houses Service prepares a monthly report on the provision of places available in the borough where the working sentence can be carried out. The section shall issue a copy of this report to the President of the Court of First Instance and to the Crown Prosecutor of the district concerned and, on request, to any person who may justify an interest.
Art. 37quinquies. § 1^er. The convict to whom a working sentence has been imposed under section 37ter is followed by a justice assistant from the Justice House Service of the Ministry of Justice of the judicial district of the place of the convict's residence.
The execution of the working sentence is controlled by the probation commission at the place of the convict's residence to which the assistant of justice reports.
§ 2. When the judicial decision imposing a sentence of work is passed in force by the court, the court clerk shall forward an expedition within 24 hours to the president of the competent probation commission and to the section of the Houses of Justice Department of the Ministry of Justice of the Judicial District, which shall forthwith designate the judicial assistant referred to in § 1^er. The identity of the justice assistant shall be communicated in writing to the probation committee, which shall inform the convict by registered consignment within seven working days and, where applicable, his counsel by simple letter.
§ 3. After hearing the convict and taking into account his observations, the court assistant determines the concrete content of the sentence, in accordance with the indications referred to in article 37ter , § 4, under the supervision of the probation commission which, ex officio, upon requisition of the public ministry or the request of the convict, may at any time, and also in accordance with the indications referred to in article 37ter , § 4, specify it and adapt it.
The Justice Assistant shall notify the concrete content of the working sentence by registered convict and inform the convict's counsel, the Public Prosecutor's Office and the Probation Commission in writing, within three days, not including Saturdays, Sundays and holidays.
§ 4. In the event of complete or partial non-performance of the work sentence, the justice assistant shall promptly inform the probation committee. The commission summons the convict by registered consignment more than ten days before the date fixed for the examination of the case and informs its counsel. The file of the commission is made available for five days to the convict and his counsel.
The commission, sitting outside the presence of the Public Prosecutor's Office, prepares a brief or motivated report, as the case may be, for the purpose of applying the alternative penalty.
The report is notified by registered mail to the convict, by simple letter to the Public Prosecutor's Office and the Justice Assistant and, where applicable, to the convict's counsel.
In this case, the Public Prosecutor's Office may decide to execute the sentence of imprisonment or the fine provided for in the judicial decision, taking into account the sentence of work that has already been executed by the convicted person. »
Art. 4. Section 58 of the same Code is supplemented as follows:
"When work sentences are pronounced, the duration of these may be accumulated up to three hundred hours maximum. »
Art. 5. In section 59 of the same Code, the words ", working sentences" are inserted between the words "finals" and the words "and prison sentences".
Art. 6. In section 60 of the same Code, replaced by the law of 1^er February 1977, the words "or three hundred hours of working sentence" were inserted after the words "in prison."
Art. 7. Article 85, paragraph 1^erthe same Code, as amended by the Acts of 9 April 1930 and 9 July 1964, is replaced as follows:
"If there are mitigating circumstances, prison sentences, working sentences and fines may be reduced under eight days, forty-five hours and twenty-six EUR, respectively, without being less than police sentences. »
CHAPTER III. - Amendments to the Code of Criminal Investigation
Art. 8. Article 216ter , § 1^er, the Code of Criminal Investigation, inserted by the Act of 10 February 1994, the following amendments are made:
1° in paragraph 3, the words "to perform work of general interest, or" are deleted;
2° Paragraph 4 is repealed.
Art. 9. Article 594, paragraph 1^erthe same Code, which was restored by the Act of 8 August 1997, is supplemented by a 4°, which reads as follows:
"4° the decisions condemning a working sentence in accordance with Article 37ter of the Criminal Code. »
Art. 10. In section 595, paragraph 1^er, 1°, of the same Code, restored by the law of 8 August 1997, the words "convictions, decisions or measures listed in 594, 1° to 3°" are replaced by the words "convictions, decisions or measures listed in 594, 1° to 4°".
CHAPTER IV. - Amendments to the Suspension, Suspension and Probation Act of 29 June 1964
Art. 11. Article 1^er, § 3, of the Suspension, Suspension and Probation Act of 29 June 1964, inserted by the Act of 22 March 1999, the following amendments are made:
1° to paragraph 1^er, it is inserted between the words "poor of imprisonment" and the words ", the conditions" the words "or a working sentence";
2° in the same paragraph, delete the words "to perform works of general interest or";
3° in the same paragraph, delete the words "General work and training may also be imposed cumulatively. »;
4° in paragraph 2, replace the words "General work or training may not be imposed" with the words "Training cannot be imposed, however";
5° in the same paragraph, delete the words "general work or".
Art. 12. Article 1^erbis of the Act, replaced by the Acts of 22 March 1999 and 28 March 2000, the following amendments are made:
1° to § 1^erParagraphs 1^er3 and 4 are repealed;
2° to § 2, paragraph 1^erthe words "and works of general interest carried out" are deleted;
3° in the same paragraph, paragraphs 2 and 3 are repealed;
4° in § 3, the words "General work or training may be ordered" are replaced by the words "Training may be ordered";
5° in the same paragraph, the words "to perform works of general interest or" are deleted.
Art. 13. Article 8, § 1^erin the same Act, as amended by the Acts of 9 January 1991, 10 February and 11 July 1994, the following amendments are made:
1° to paragraph 1^erthe words "to work or" are inserted between the words "by condemning" and the words "to one or more sentences";
2° in paragraph 4, the words ", working sentences" are inserted between the words "final sentences" and the words "and prison sentences".
CHAPTER V. - Final provisions
Art. 14. The King is responsible for coordinating the legal texts with the provisions of this Act.
Art. 15. This Act comes into force on the day of its publication in the Belgian Monitor, with the exception of Articles 8, 11 and 12.
The eighteenth month following the coming into force referred to in the preceding paragraph, the King shall file with the House of Representatives and the Senate an assessment report on the application of the working sentence as organized in the light of this Act.
Sections 8, 11 and 12 come into force on the date fixed by the King and on the first day of the eighteenth month following the coming into force of this Act and on the first day of the twenty-fourth month following the coming into force of this Act.
The King will seize the Legislative Chambers with a bill to confirm the order made pursuant to the preceding paragraph.
Promulgate this Act, order that it be re-elected from the State seal and published by the Belgian Monitor.
Given in Brussels on 17 April 2002.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Session 1999-2000.
House of Representatives.
Parliamentary documents. - Bill by Mr. Bacquelaine et al., 50-549 - No. 1. - Amendments, 50-549 - No. 2.
Session 2000-2001.
House of Representatives.
Parliamentary documents. - Amendments, 50-549 - No. 3 to 10. - Report, 50-549 - No. 11. - Text adopted by the commission, 50-549 No. 12. - Amendments, 50-549 - No. 13. - Text adopted in plenary and transmitted to the Senate, 50-549 - No. 14.
Annales parliamentarians. - 7 June 2001.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, 2-778 - No. 1.
Zitting 2001-2002.
Senate.
Parliamentary documents. - Amendments, 2-778 - No. 2 to 6. - Report, 2-778 - No. 7. - Text amended by the Commission, 2-778 - No. 8. - Amendments, 2-778 - No.^s 9 and 10. - Text adopted by the Senate and referred to the House, 2-778 - No. 11.
Annales parliamentarians. - 20 and 21 December 2001.
House of Representatives.
Parliamentary documents. - Draft amended by the Senate, 50-549 - No. 15. - Amendments, 50-549 - No. 16. - Report, 50-549 - No. 17. - Text adopted by the commission, 50-549 - No. 18. - Text adopted in plenary and referred to the Senate, 50-549 - No. 19.
Annales parliamentarians. - 14 March 2002.
Senate.
Parliamentary documents. - Draft revised by the House of Representatives, 2-778 - No. 12. - Report, 2-778 - No. 13. - Text adopted by the commission, 2-778 - No. 14. - Decision to join the project brought forward by the House of Representatives, 2-778 - No. 15.
Annales parliamentarians. - 27 and 28 March 2002.