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An Act To Amend Certain Provisions Of The Judicial Code, The Code Of Criminal Procedure And The Code Of Rights Registration, Mortgage And Registry, As Regards Divestiture And Challenge (1)

Original Language Title: Loi modifiant certaines dispositions du Code judiciaire, du Code d'instruction criminelle et du Code des droits d'enregistrement, d'hypothèque et de greffe, en ce qui concerne le dessaisissement et la récusation (1)

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10 JUIN 2001. - An Act to amend certain provisions of the Judicial Code, the Code of Criminal Investigation and the Code of Registration, Mortgage and Registry Rights with respect to divestiture and recusal (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 78 of the Constitution.
CHAPTER II. - Amendments to the Judicial Code
Art. 2. In section 656 of the Judicial Code, replaced by the Act of 12 March 1998, the following amendments are made:
1° the following paragraphs shall be inserted between subparagraphs 1er and 2:
"If, in addition, a fine for manifestly inadmissible application can be justified, this point alone will be dealt with at a hearing set by the same decision at an earlier date. The Clerk summons the parties by judicial fold to make their submissions in writing for that date.
The fine is from 125 EUR to 2 500 EUR. Every five years, the King can adapt the minimum and maximum amounts to the cost of life. The recovery of the fine is pursued by all means of the right to due diligence of the Registration Authority and the domains. »;
2° paragraph 2, 1°, is replaced by the following provision:
"1° (a) the communication of the order, the request and the documents annexed to it to the justice of the peace or the judge of the police court whose divestiture is requested, so that, within the time limit set by the Court, it may make a declaration on the shipment of the order;
(b) the communication of the order, the request and the documents annexed to it to the first president or the president, according to the jurisdiction whose withdrawal is requested, to make, within the time limit set by the court, a declaration on the shipment of the order, in consultation with the members of the named court, who will contravene the said declaration; "
Art. 3. In article 658, paragraph 4, of the same Code, inserted by the law of 12 March 1998, in the Dutch text, the words "door van de zaak onttrokken rechters" are replaced by the words "door rechters aan wie de zaak onttrokken is".
Art. 4. In article 828 of the same Code, as amended by the law of March 31, 1987, before points 1 to 11°, which become points 2° to 12°, a new point 1°, which reads as follows:
"1° if there is legitimate suspicion; "
Art. 5. In section 835 of the same Code, the words "Recusal is proposed" are replaced by the words "Recusal application is introduced".
Art. 6. Section 837, paragraph 3, of the same Code is supplemented as follows:
"If the challenge of an investigating judge is requested, the first president or the president orders, at the request of the Public Prosecutor's Office, that it will be done by another judge. »
Art. 7. The following amendments are made to section 838 of the Code:
1° the following paragraph is inserted between paragraphs 2 and 3:
"If, in addition, a fine for manifestly inadmissible application can be justified, this point alone will be dealt with at a hearing set by the same decision at an earlier date. The Clerk summons the parties by judicial fold to make their submissions in writing for that date.
The fine is 125 EUR to 2 500 EUR. Every five years, the King can adapt the minimum and maximum amounts to the cost of life. The recovery of the fine is pursued by all means of the right to due diligence of the Registration Authority and the domains. »;
2° to paragraph 3, which becomes paragraph 4, the words "In the twenty-four hours" are replaced by the words "In the forty-eight hours".
Art. 8. Section 842 of the same Code, repealed by the Act of 12 March 1998, is reinstated in the following wording:
"Art. 842. The judgment or judgment that rejected a request for a judge's recusal does not preclude the introduction of a new application because of facts that have occurred since the pronunciation. »
CHAPTER III. - Amendments to the Code of Criminal Investigation
Art. 9. Section 545 of the Code of Criminal Investigation, replaced by the Act of 12 March 1998, is amended as follows:
1° the following paragraphs shall be inserted between subparagraphs 1er and 2:
"If, in addition, a fine for manifestly inadmissible application can be justified, this point alone will be dealt with at a hearing set by the same decision at an earlier date. The Clerk summons the parties by judicial fold to make their submissions in writing for that date.
The fine is from 125 EUR to 2 500 EUR. Every five years, the King can adapt the minimum and maximum amounts to the cost of life. The recovery of the fine is pursued by all means of the right to due diligence of the Registration Authority and the domains. »;
2° paragraph 2, 1°, is replaced by the following provision:
"1° (a) the communication of the judgment, the application and the documents annexed to it to the judge in the police court whose divestiture is requested, so that, within the time limit set by the Court, he may make a statement on the shipment of the order;
(b) the communication of the order, the request and the documents annexed to it to the first president or the president, according to the jurisdiction whose divestiture is requested, to make, within the time limit set by the Court, a declaration on the shipment of the order, in consultation with the members of the named court, who will contravene the said declaration; "
CHAPTER IV. - Amendment to the Registration, Mortgage and Registry Rights Code
Art. 10. In article 162 of the Code of Registration, Mortgage and Registry Rights, items 11° and 12°, deleted by the law of 10 October 1967, are reinstated in the following wording:
" 11° acts, judgments and judgments relating to the divestment procedure of the judge referred to in the Judicial Code, Part III, Part IV, Chapter III;
12° the acts, judgments and judgments relating to the procedure of recusal referred to in the Judicial Code, Part IV, Book II, Title III, Chapter V;".
CHAPTER V. - Transitional provision
Art. 11. As from the coming into force of this Act until 31 December 2001, the amounts "5,000 Belgian francs" and "100,000 Belgian francs" replace the amounts "125 EUR" and "2,500 EUR", mentioned in sections 656 and 838 of the Judicial Code and in section 545 of the Criminal Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 June 2001.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 1999-2000.
House of Representatives:
Parliamentary documents.
Proposal by Mr. ERDMAN, No. 886/1.
Regular session 2000-2001.
House of Representatives:
Parliamentary documents.
Amendments, nbones 886/2 and 3.
Report of April 27, 2001 by Mr. BOURGEOIS, No. 886/4.
Text adopted by the Justice Commission, No. 886/5.
Text adopted in plenary and transmitted to the Senate, No. 886/6.
Annales parliamentarians. - Discussion and adoption. Session of May 3, 2001.
Senate:
Parliamentary documents.
Project transmitted by the House of Representatives, No. 734/1.
Project not referred to by the Senate, No. 734/2.