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21 JUIN 2001. - An Act to amend various provisions with respect to federal prosecution (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 77 of the Constitution.
CHAPTER II. - Amendments to the Judicial Code
Art. 2. In section 58bis of the Judicial Code, inserted by the Act of 22 December 1998, the following amendments are made:
1° the words "In this code, one hears by:" are replaced by the words "In this code, with regard to the magistrates, one hears by:";
2° the words "Federal Attorney General" are replaced by the words "Federal Prosecutor".
Art. 3. Section 87 of the Code, as amended by the Act of 15 July 1970, is supplemented by the following paragraph:
"The alternate judges referred to in paragraph 1^er shall not replace a federal magistrate or a member of the Public Prosecutor ' s Office responsible for a mission under Article 144bis, § 3, paragraphs 1^er and 2. "
Art. 4. The following amendments are made to section 143 of the Code:
1st paragraph 1^er, whose text will form § 1^er, is supplemented by the words "and a federal prosecutor who is competent for the entire territory of the Kingdom. »;
2° in paragraph 2, the text of which will form with the text of paragraph 3, paragraph 2, the word "It" is replaced by the words "The Attorney General near the Court of Appeal";
3° the article is supplemented by a § 3, written as follows:
"The Federal Prosecutor shall, in the cases and in the manner determined by law, exercise all the functions of the Public Prosecution Service in criminal matters near the Courts of Appeal, the Courts of Assault, the Courts of First Instance and the Police Courts. »
Art. 5. In section 143bis of the same Code, inserted by the Act of 4 March 1997, the following amendments are made:
1° to § 1^er, second sentence, the words "general prosecutors near the courts of appeal and all public prosecutors under their supervision and direction" are replaced by the words "all public prosecutors near the courts of appeal, the federal prosecutor and all public prosecutors under their supervision and direction";
2° in § 8, paragraph 2, the words "and national magistrates" are replaced by the words ", to the federal prosecutor, to the General Counsel for Criminal Policy and to the Secretary General of the Ministry of Justice";
3° to § 9, paragraph 1^er is replaced by the following provision:
"If a member of the General Prosecutors' College is absent or unable to do so, he shall be replaced by the designated substitute in accordance with section 319. »
Art. 6. Section 144bis of the same Code, inserted by the Act of 4 March 1997 and amended by the Act of 22 December 1998, is replaced by the following provision:
“Article 144bis. §1^er. The Federal Prosecutor is responsible for the management of the Federal Prosecutor ' s Office, which is composed of federal magistrates under his immediate supervision. Their missions extend to the entire territory of the Kingdom.
§ 2. The Federal Prosecutor is responsible for:
1° exercising public action in accordance with Article 144ter;
2° ensure the coordination of the exercise of public action and facilitate international cooperation in accordance with Article 144quater;
3° exercise supervision over the general and particular functioning of the federal police, in accordance with the law of 7 December 1998 organizing an integrated police service, structured at two levels.
§ 3. In exceptional cases and only if the needs of the service warrant, the federal prosecutor may, by reason of decision, delegate his or her powers, in certain cases, temporarily, in whole or in part, and after consultation with the Attorney General, the Crown Prosecutor or the competent labour auditor, to a member of the Attorney General's Office, a general auditor at the Labour Court, a prosecutor's office or a labour auditor.
In exceptional cases and only if the needs of the service warrant, the Minister of Justice may, on the proposal of the Federal Prosecutor, and after consultation with the Attorney General, the King's Prosecutor or the competent Labour Auditor, delegate a member of a General Prosecutor's Office, an Auditor General to the Labour Court, a Prosecutor's Office of the King or a Labour Auditor's Office to temporarily exercise the functions of the Federal Prosecutor's Office. In the performance of his duties, the judge has the same skills as the federal magistrates.
In these cases, the above-mentioned judges exercise this task under the immediate direction and supervision of the Federal Prosecutor. They continue to perform their other tasks under the immediate direction and supervision of their body chief.
If the Federal Prosecutor and the Attorney General, the King's Attorney or the competent Labour Auditor did not reach an agreement on the above-mentioned missions, the Federal Prosecutor decides. »
Art. 7. An article 144ter written as follows is inserted in the same Code:
"Art. 144ter. § 1^er. If a good administration of justice requires it, except in the cases provided by the special law of 25 June 1998 regulating the criminal responsibility of members of community or regional governments and the law of 25 June 1998 regulating the criminal responsibility of ministers, the federal prosecutor shall make public action to:
1° the offences referred to:
- articles 101 to 136 of the Criminal Code;
- articles 331 bis, 477 to 477sexies and 488 bis of the Criminal Code;
- Article 77bis, §§ 2 and 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens;
- articles 1^er and 2 of the Act of 16 June 1993 on the Suppression of Serious Violations of International Humanitarian Law;
2° the offences committed with the use of violence against persons or material interests, for ideological or political reasons, in order to achieve its objectives by terror, intimidation or threats;
3° offences which, to a large extent, concern several jurisdictions or have an international dimension, in particular those of organized crime;
4° the offences committed in connection with the importation, export and transit of arms, ammunition and equipment to be used specifically for military use and related technology, in cases where the Public Prosecutor's Office exercises public action;
5° the offences referred to in chapter I^er Title VI of Book II of the Criminal Code;
6° the offences related to the offences referred to in 1°, 2°, 3°, 4° and 5°.
§ 2. The Crown Prosecutor or, in the cases provided for in sections 479 et seq. of the Code of Criminal Investigation, the Attorney General shall inform the Federal Prosecutor on his or her own motion when he or she is seized of an offence referred to in § 1^er. It further informs the federal prosecutor whenever such information is of interest to the public action taken by the public prosecutor.
§ 3. In cases referred to in § 1^er, the Federal Prosecutor determines who, by the Crown Prosecutor or, in the cases provided for in sections 479 et seq. of the Code of Criminal Investigation, the Attorney General or himself, is engaged in public action. Unless there is a compelling emergency, the decision is made after consultation with the King's Prosecutor or the Attorney General respectively. The decision is not subject to appeal.
§ 4. The Federal Prosecutor shall, respectively, inform the Crown Prosecutor or the Attorney General whenever such information is of interest to public action by the King's Prosecutor or the Attorney General.
§ 5. No nullity may be invoked with respect to the division of jurisdiction, as to the exercise of public action, between the Crown Prosecutor or the Attorney General, on the one hand, and the Federal Prosecutor, on the other. »
Art. 8. An article 144quater, as follows, is inserted in the same Code:
“Article 144quater. The coordination of public action and the facilitation of international cooperation are carried out in consultation with one or more Crown prosecutors or labour auditors. If necessary, the federal prosecutor may give binding instructions to one or more of the King's prosecutors or labour auditors, after having informed the territorially competent public prosecutor and unless otherwise decided by the Crown. »
Art. 9. Section 148 of the same Code is replaced by the following provision:
“Article 148. The Federal Prosecutor shall, under the authority of the Minister of Justice, supervise all judicial police officers when carrying out missions in accordance with section 144bis.
In the other cases, the Attorneys General at the appeals courts exercise, under the authority of the Minister of Justice, supervision over all judicial police officers and public and ministerial officers of their jurisdiction. »
Art. 10. Section 156bis of the same Code, inserted by the Act of 17 July 1984 and amended by the Acts of 10 February 1998 and 22 December 1998, is supplemented by the following paragraph:
"The alternate judges referred to in paragraph 1^er shall not replace a federal magistrate or a member of the Public Prosecutor ' s Office responsible for a mission under Article 144bis, § 3, paragraphs 1^er and 2. »
Art. 11. Section 182 of the Code, replaced by the Act of 17 February 1997, is amended as follows:
1° in paragraph 3, the words "of the Federal Prosecutor" are inserted between the words "of the Attorney General" and "of the Crown Prosecutor";
2° in paragraph 5, the words "the Federal Prosecutor" are inserted between the words "the Attorney General" and "the King's Prosecutor";
3° in paragraph 6, the words "the Federal Prosecutor" are inserted between the words "the Attorney General" and "the King's Prosecutor";
4° in paragraph 8, the words "of the Federal Prosecutor" are inserted between the words "of the Attorney General" and "of the Crown Prosecutor".
Art. 12. In article 185, paragraph 2, of the same Code, inserted by the law of 15 July 1970 and amended by the laws of 17 February 1997 and 4 March 1997, the words "and that of national magistrates" are deleted.
Art. 13. Section 208 of the same Code, replaced by the Act of 22 December 1998, is replaced by the following provision:
"Article 208. In order to be appointed Attorney General to the Court of Appeal, the candidate has been required to perform legal functions for at least 15 years, including the last seven as a Judge of the Office or the Public Prosecutor's Office.
In order to be designated a federal prosecutor near the Federal Prosecutor's Office, the candidate must be a judge of the Public Prosecutor's Office. In addition, he has been required to perform legal functions for at least 15 years, including the last seven as a judicial magistrate. »
Art. 14. In article 259bis-1, § 2, of the same Code, inserted by the law of 22 December 1998, paragraph 2 is supplemented as follows:
"The magistrates responsible for a mission under Article 144bis, § 3, paragraphs 1^er and 2, remain, for the elections referred to in Article 259bis-2, attached to their jurisdiction. »
Art. 15. In Article 259ter, § 1^erParagraph 1^er, of the same Code, replaced by the Act of 22 December 1998, the 2° is supplemented as follows:
"For magistrates charged with a mission under Article 144bis, § 3, paragraphs 1^er and 2, the Federal Prosecutor shall issue a notice if the person concerned exercises this mission on a full-time basis. If the mission is not carried out full-time, the Federal Prosecutor's opinion concerns only the part-time mission and is attached to that of the head of body. »
Art. 16. In section 259quater of the same Code, replaced by the Act of 22 December 1998, the following amendments are made:
1° to § 2, paragraph 1^er, the 2° is completed as follows:
"For magistrates charged with a mission under Article 144bis, § 3, paragraphs 1^er and 2, the federal prosecutor issues a notice if the person is working for him on a full-time basis. If the benefits are not completed on a full-time basis, the federal prosecutor's opinion on the federal work aspect is attached to that of the head of body. If the federal prosecutor is the same person as the one referred to in the 1st, the opinion of the president of the General Prosecutors College is collected. »;
2° to § 5, paragraph 1^er, the first sentence is supplemented as follows: ", with the exception of the federal prosecutor who retains his appointment. »
Art. 17. In section 259sexies of the same Code, replaced by the Act of 22 December 1998, the following amendments are made:
1° § 2 is supplemented by the following paragraph:
"If, at the time of his appointment, the Federal Magistrate acted as a magistrate of the Public Prosecutor's Office near a court, he or she may be replaced by an appointment and, where appropriate, an over-numbered designation. »
2° § 3, paragraph 2, is replaced by the following paragraphs:
"At the expiry of their term of office, the assisting magistrate and the federal magistrate shall reinstate the function to which they are appointed and, where appropriate, the deputy mandate to which they are appointed.
If they have not been permanently appointed to an Assistant Mandate, it shall be suspended for the duration of these specific mandates.
The specific term of office of a federal magistrate or magistrate shall be terminated when the individual accepts a mission referred to in articles 308, 323bis, 327 and 327bis. »
Art. 18. Section 259octies of the same Code, replaced by the Act of 22 December 1998 and amended by the Act of 24 March 1999, are amended as follows:
1° in § 2, paragraph 1^er, second dash, the words "of the Federal Prosecutor's Office" are inserted between the words "of a police service" and "a notary study";
2° in § 2, paragraph 3, the following sentence is inserted after the second sentence: "Federal prosecutors may not be appointed to the position of internship master. »;
3° in § 3, paragraph 2, second dash, the words ", of the Federal Prosecutor" are inserted between the words "of a police service" and "or within a legal service";
4° in § 3, paragraph 5, the following sentence is inserted after the first sentence: "Federal prosecutors may not be appointed to the position of internship master. »
Art. 19. In Article 259undecies, § 1^er, of the same Code, inserted by the law of 22 December 1998, the words "and the federal magistrate" are deleted and the word "are" is replaced by the word "is".
Art. 20. In section 273, paragraph 1^er, of the same Code, as amended by the laws of 22 December 1969 and 17 February 1997, the words "federal prosecutor" are inserted between the words "general prosecutors," and "the king's prosecutors".
Art. 21. In section 276 of the same Code, replaced by the Act of 17 February 1997, the words "or federal prosecutor" are inserted between the words "of a labour court" and "the candidate must".
Art. 22. In section 277 of the same Code, replaced by the Act of 17 February 1997, the words "or a court of work" are replaced by the words ", a court of work or a federal prosecutor's office".
Art. 23. In article 280, paragraph 3, of the same Code, replaced by the Act of 17 February 1997, the words "of the Federal Prosecutor" are inserted between the words "of the Attorney General" and "the Crown Prosecutor".
Art. 24. In section 287bis of the same Code, inserted by the law of 17 February 1997 and amended by the laws of 20 May 1997 and 12 April 1999, the following amendments are made:
1° in § 1^er, paragraph 4, the words ", of the Federal Prosecutor" are inserted between the words "the auditor of the work" and "or the Attorney General";
2° in the French text of § 1^er, paragraph 4, the words "secretary of the Prosecutor's Office" are replaced by the words "Secretary-General of the Prosecutor's Office";
3° in § 3, paragraph 1^er, the words "the federal prosecutor" are inserted between the words "The Attorney General" and "the King's Prosecutor".
Art. 25. In section 287ter of the same Code, inserted by the law of 17 February 1997 and amended by the laws of 20 May 1997 and 12 April 1999, the following amendments are made:
1° in § 1^er, paragraph 2, 2°, the words "the federal prosecutor" are inserted between the words "the Attorney General" and "the King's Attorney";
2° in § 2, paragraph 3, the words "the Federal Prosecutor" are inserted between the words "the Attorney General" and "the Crown Prosecutor".
Art. 26. In Article 287quater, § 1^er, of the same Code, inserted by the Act of 17 February 1997 and amended by the Act of 12 April 1999, paragraph 5 is supplemented by the words "and the Federal Prosecutor's Office".
Art. 27. Section 288 of the Code, as amended by the Acts of 17 February 1997, 6 May 1997, 9 July 1997, 10 February 1998, 22 December 1998 and 24 March 1999, are amended as follows:
1° the following paragraph is inserted between paragraphs 3 and 4:
"The reception of the Federal Prosecutor is in front of the first Chamber of the Court of Appeal in Brussels. »;
2° the following paragraph is inserted between paragraphs 5 and 6:
"The reception of federal judges is in front of the federal prosecutor. »
Art. 28. In section 289 of the same Code, the following paragraph is inserted between paragraphs 1^er and 2:
"The Federal Prosecutor shall take this oath at his reception in the hands of the first president of the Court of Appeal in Brussels, when the Federal Magistrates receive them, in the hands of the Federal Prosecutor. »
Art. 29. In section 291 of the same Code, as amended by the Acts of 6 May 1997, 10 February 1998 and 24 March 1999, the following paragraph shall be inserted between paragraphs 1^er and 2:
"In the case referred to in paragraph 1^er, the federal prosecutor and the federal magistrates take the oath in the hands of the president of the General Prosecutors' College. »
Art. 30. In article 291bis, paragraph 1^er, of the same Code, inserted by the law of 17 February 1997 and amended by the law of 12 April 1999, the words "of the Federal Prosecutor" are inserted between the words "of the Attorney General" and "the Crown Prosecutor".
Art. 31. The Code repeals:
1° Article 305, amended by the laws of 23 May 1975, 11 July 1994, 17 February 1997, 6 May 1997 and 10 February 1998;
2° Article 306, amended by the laws of 6 May 1997 and 1^er March 2000;
3° Article 307.
Art. 32. An article 311bis, as follows, is inserted in the same Code:
"Article 311bis. In the Federal Public Prosecutor's Office, a list of ranks is maintained. This is as follows:
Members of the Public Prosecutor ' s Office:
The Federal Prosecutor;
Federal magistrates in the order of their designation.
Members of the Public Prosecutor ' s Office:
Chief Secretary;
Chief Secretary of Service;
Secretaries in the order of their appointment;
Deputy secretaries in the same order. »
Art. 33. In section 313, paragraph 1^er, of the same Code, as amended by the Act of 17 July 1984, the words "courses and tribunals" are replaced by the words "courses, federal prosecutors and courts".
Art. 34. In section 314 of the same Code, as amended by the laws of 15 July 1970 and 10 February 1998, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"The courts, the federal prosecutors and the courts attending a public ceremony observe the hierarchical order between them. »;
2° Paragraph 2 is replaced by the following provision:
"The labour courts take place after the courts of appeal, the federal prosecutor after the labour courts, the labour courts after the courts of first instance and the commercial courts after the labour courts. »;
3° in paragraph 3, the words "Federal Prosecutor shall take a place after the Attorney General; are inserted between the words "the first presidents; and "the president";
4° in paragraph 3, the words "as well as the federal public prosecutor" are inserted between the words "of the general auditory" and "taking into account".
Art. 35. In section 315 of the same Code, as amended by the Act of 21 December 1994, the following paragraph is inserted between paragraphs 2 and 3:
"When a supplemental magistrate is appointed to a court or to the Public Prosecutor's Office near a court of first instance or a working court, he is on the date of his appointment as a complementary magistrate. »
Art. 36. In article 318 of the same Code, the words "for federal prosecutors" are inserted between the words "by the Attorney General" and "for courts of first instance".
Art. 37. In section 326 of the same Code, as amended by the Acts of 28 December 1990 and 22 December 1998, the following paragraph is inserted between paragraphs 3 and 4:
"The Attorney General near the Court of Appeal may, in his jurisdiction, designate one or more magistrates of the Attorney General, the Auditor General of Labour or, in consultation with the Crown Prosecutor or the Labour Auditor, the Crown Prosecutor's Office or the Labour Auditor's Office at the Labour Court, to which the Federal Prosecutor or the Minister of Justice may make a priority appeal under Article 144 bis, respectively,^er and 2. »
Art. 38. Section 327ter of the same Code, inserted by the Act of 4 March 1997, is repealed.
Art. 39. In article 329bis, paragraph 1^er, of the same Code, inserted by the law of 17 February 1997, the words "the federal prosecutor" are inserted between the words "the Attorney General" and "the King's Prosecutor".
Art. 40. In article 330bis, paragraph 1^er, of the same Code, inserted by the law of 17 February 1997 and amended by the laws of 20 May 1997, 24 March 1999 and 12 April 1999, the words ", in the Federal Public Prosecutor's Office" are inserted between the words "in their prosecutor's office" and "or in another civil prosecutor's office".
Art. 41. In section 331, paragraph 2, of the same Code, as amended by the Acts of 17 February 1997, 6 May 1997, 10 February 1998 and 24 March 1999, the following amendments are made:
1° the following subdivision is inserted between the seventh and eighth subdivisions: "the federal prosecutor, without authorization from the president of the General Prosecutors' College; »;
2° the following subdivision shall be inserted between the ninth and tenth subdivisions:
"federal judges, without authorization from the federal prosecutor; "
Art. 42. In article 331bis, paragraph 2, of the same Code, inserted by the law of 17 February 1997 and amended by the law of 12 April 1999, the words "of the Federal Prosecutor" are inserted between the words "of the Attorney General" and "of the Crown Prosecutor".
Art. 43. In article 338 of the same Code, the words "the federal prosecutor" are inserted between the words "the Attorney General" and "the King's Prosecutor".
Art. 44. In section 344 of the same Code, replaced by the Act of 22 December 1998, the words "the clerk" are replaced by the words "the chief clerk".
Art. 45. In section 346 of the Code, replaced by the Act of 22 December 1998, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. A body assembly is established for each floor. »;
2° § 2 is supplemented by the following paragraph:
"Paragraph 1^er, 1°, does not apply to the Federal Prosecutor's Body Assembly. »;
3 ° in § 3, paragraph 1^er, 1°, the words "the federal prosecutor" are inserted between the words "the Attorney General" and "the King's Attorney";
4° in § 3, paragraph 2, the words "the Federal Prosecutor" are inserted between the words "the Attorney General" and "the Crown Prosecutor".
Art. 46. Section 347 of the same Code, replaced by the Act of 22 December 1998, is supplemented as follows:
"6° of the members referred to in Article 144bis, § 1^erParagraph 1^er, for the federal public prosecutor. »
Art. 47. In article 348, § 3, of the same Code, replaced by the Act of 22 December 1998, the words "to the Federal Prosecutor" are inserted between the words "to the Attorney General" and "to the Crown Prosecutor".
Art. 48. In article 349, paragraph 1^er, from the same Code, replaced by the Act of 22 December 1998, the words "close to courts and tribunals" are deleted.
Art. 49. Section 355bis of the same Code, inserted by the Act of 4 March 1997, is replaced by the following provision:
"Article 355bis. § 1^er. The treatment of the federal prosecutor is the same as that for the general prosecutors near the appeal courses.
The treatment of federal magistrates and magistrates of assistance is the same as that for general lawyers near the courts of appeal and the courses of work.
§ 2. Article 357, § 2, paragraph 1^er, applies to federal judges.
The magistrate charged with a mission pursuant to Article 144bis, § 3, paragraph 2, which extends at least three successive months, perceives one third of the difference between his treatment and that related to the function of a federal magistrate.
The magistrate charged with a mission under Article 144bis, § 3, paragraph 1^er, which extends at least three consecutive months, perceives a quarter of the difference between his treatment and that related to the function of federal magistrate. »
Art. 50. Section 363, paragraph 2, of the same Code, as amended by the Act of 10 February 1998, is supplemented as follows:
"The magistrates responsible for a mission under Article 144bis, § 3, paragraph 2, shall retain their administrative residence in the jurisdiction where they are appointed. »
Art. 51. In section 372 of the same Code, replaced by the Act of April 3, 1997, the words "or the Federal Prosecutor's Office" are added after the words "or classes of work".
Art. 52. Section 373ter of the same Code, inserted by the Act of 20 July 1991 and replaced by the Act of 3 April 1997, is amended as follows:
1° the words "in the federal prosecutor's office" are inserted between the words "in the labour court" and the words "and deputy secretaries";
2° the words "or the federal prosecutor" are inserted between the words "the competent general prosecutor" and the words "and, for the prosecutor's office of the King".
Art. 53. In section 374, 1°, of the same Code, replaced by the Act of 3 April 1997, the words ", to the Federal Prosecutor" are inserted between the words "to the Attorney General" and "or to the general auditory of work".
Art. 54. In section 382, paragraph 1^er, from the same Code the words "of the Federal Prosecutor, of" are inserted between the words "general prosecutors" and the words ", king's prosecutors".
CHAPTER III. - Amendments to the Code of Criminal Investigation
Art. 55. Section 9 of the Code of Criminal Investigation, as amended by the Acts of 10 July 1967, 10 October 1967, 11 February 1986, 3 August 1992, 4 March 1997 and 12 March 1998, is replaced by the following provision:
“Article 9. The judicial police will be exercised within the competence and authority of the federal prosecutor and in accordance with the following distinctions:
1° by the special field guards and by the forest guards, by the villagers and the chevines, by the king's prosecutors and their substitutes, by the judges in the police court and by the members of the federal police and the local police;
2° by the Federal Prosecutor and, under his authority, by the Federal Magistrates and in the course of the missions entrusted to them in accordance with Article 144bis, § 3, paragraphs 1^er and 2, by members of the Public Prosecutor ' s Office, the General Labour Auditors near the Labour Courts and the Labour Auditors. »
Art. 56. In article 28bis, § 2, of the same Code, inserted by the law of 12 March 1998, the words "or the national magistrate" are replaced by the words "or the federal prosecutor. "
Art. 57. Section 47ter of the same Code, inserted by the Act of 4 March 1997, is replaced by the following provision:
“Article 47ter. § 1^er. In the exercise of its powers, the federal prosecutor has all the powers that the law confers on the Crown Prosecutor. Within the framework of these, it may carry out or conduct any information or instruction relevant to its powers throughout the territory of the Kingdom, as well as public action.
§ 2. The federal prosecutor takes all the urgent measures that are necessary for the exercise of public action as long as a King's prosecutor has not exercised his legally determined jurisdiction. These measures are binding on the King's Prosecutor. »
Art. 58. Section 227 of the same Code is replaced by the following provision:
“Article 227. Crimes are related to:
1° or when they were committed at the same time by several persons gathered;
2° either when they were committed by different people, even at different times and in various places, but as a result of a concert formed in advance between them, or when the culprits committed the ones to obtain the means to commit others, to facilitate, to consume the execution, or to ensure impunity;
3° or where the link between two or more offences is such that it requires, for a good administration of justice and subject to respect for the rights of the defence, that these offences be subjected at the same time for trial to the same repressive court. »
Art. 59. An article 526bis, as follows, is inserted in the same Code:
"Article 526bis. There will also be a decision of judges by the Court of Cassation, where different investigating judges are aware of the same offence or related offences for which the federal prosecutor is responsible for the exercise of public action. »
Art. 60. In section 527bis of the same Code, inserted by the Act of 10 October 1967, the following paragraph is inserted between paragraphs 1^er and 2:
"Requests for the settlement of judges referred to in section 526bis are filed by the Federal Prosecutor after consultation with the King's Prosecutor. »
CHAPTER IV. - Amendment of 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. 61. Section 33 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 replaced by the following provision:
“Article 33. The King shall, by order deliberately in the Council of Ministers, establish the date of entry into force of each of the provisions of this Act. »
CHAPTER V. - Amendment of the law of 3 April 1953 of judicial organization
Art. 62. Section 2 of the Act of 3 April 1953 of a judicial organization, restored by the Act of 4 March 1997, is replaced by the following provision:
"The number of federal judges, with the exception of the federal prosecutor, is set at 18. »
CHAPTER VI. - Amendment of the Act of 15 June 1935 concerning the use of languages in judicial matters
Art. 63. In Article 43bis, § 4, of the Law of 15 June 1935 concerning the Use of Languages in Judicial Matters, as amended by the Laws of 4 March 1997, 22 December 1998 and 17 July 2000, the following amendments are made:
1° in paragraph 1^erthe last sentence is deleted;
2° The following paragraphs are inserted between paragraphs 3 and 4:
"One-half of the federal magistrates are required to justify their degree in the Dutch language the examinations of a doctor or law graduate. At least one third of these federal judges must justify the knowledge of the French language.
Half of the federal magistrates are required to justify their degree in French the examinations of a doctor or law graduate. At least one third of these federal judges must justify knowledge of the Dutch language.
At least a federal judge must justify the knowledge of the German language. »
CHAPTER VII. - Transitional provisions
Art. 64. Article 259ter, § 1^er, 1°, of the Judicial Code is not applicable to procedures for the designation of federal magistrates who take place before the first federal prosecutor is appointed.
Art. 65. The notice required by article 259quater, § 2, 1°, of the Judicial Code for the designation of the first federal prosecutor is replaced by a notice from the College of Attorneys General.
Art. 66. § 1^er. The notice required by Article 287bis, § 1^er, paragraph 2, of the Judicial Code for the appointment of the first Chief Secretary of the Federal Prosecutor ' s Office, is replaced by a notice from the College of Attorneys General. In the appointment procedures for secretary and deputy secretary to the Federal Prosecutor ' s Office, initiated before the first federal prosecutor and chief secretary are in office:
1° there are no presentations as provided in article 273, paragraph 1^erthe Judicial Code;
2° the notices required by Article 287bis, § 1^er, paragraph 4, of the Judicial Code is replaced by a notice from the Attorney General's College. In the appointment procedures for translator, editor and employee commenced before the first chief secretary is in office, the notice required by article 287bis, § 1^er, last paragraph, of the Judicial Code is replaced by a notice from the Attorney General's College.
§ 2. For the purposes of Article 287 bis, §§ 3 and 4, of the Judicial Code, the College of Attorneys General is responsible for the notification of the final conclusions of the notice to the candidate and the transmission to the Minister. A candidate who, pursuant to Article 287bis, § 3, paragraph 2, of the Judicial Code shall submit a request to amend the notice by mail to send a copy of his or her request to the College of Attorneys General who within 48 hours after the receipt of that copy shall forward the notice file to the Board of Appeal.
CHAPTER VIII. - Final provisions
Art. 67. Sections 4, 5-1°, 5-5°, 6, 9, 17, 19, 20, 21, 24 and 26 of the Act of 22 December 1998 on the vertical integration of the Public Prosecutor's Office, the Federal Prosecutor's Office and the King's Attorney's Council are reported.
Art. 68. The King shall determine the effective date of each of the provisions of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 June 2001.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
Regular session 2000-2001.
House of Representatives:
Parliamentary documents 897:
001: MM Bill. Erdman, Coveliers, Giet and Decroly and Mrs. Talhaoui and Herzet.
002 : Opinion of the Council of State.
003: Opinion of the Superior Council of Justice.
004 to 006: Amendments.
007 : Farde.
008 to 011: Amendments.
012: Report.
013: Text adopted by the Commission.
014: Coordinated text.
015: Amendments.
016: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Session of March 14 and 15, 2001.
Senate:
Parliamentary documents 691:
001: Project transmitted by the House of Representatives.
002: Amendments.
003: Amendments.
004: Report.
005: Amendment.
006: Text adopted in plenary and submitted to the Royal Sanction.
Annales parliamentarians. - Discussion and adoption. Session of June 13 and 14, 2001.