28 NOVEMBER 2000. - Juvenile Criminal Protection Act (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. - Provisions amending the Criminal Code
Art. 2. In chapter X of Book 1 of the Penal Code, the title before section 100 is replaced by the following title:
"General provisions."
Art. 3. An article 100ter, as follows, is inserted in Book I^er the same Code:
"Art. 100ter. - When using the term "minor" in the provisions of Book II, this notion refers to the person who has not yet reached the age of eighteen years. "
Art. 4. Section 347bis of the same Code, inserted by the Act of 2 July 1975 and amended by the Act of 10 July 1996, is replaced by the following provision:
"Art. 347bis. § 1^er. Constitutes a hostage-taking, arrest, detention or kidnapping of persons to respond to the execution of an order or condition, such as preparing or facilitating the execution of a crime or offence, promoting the leak, escape, obtaining the release or ensuring the impunity of the perpetrators or accomplices of a crime or offence.
§ 2. The taking of hostages will be punished by imprisonment from twenty years to thirty years.
The penalty will be life imprisonment if the person taken as hostage is a minor.
§ 3. Except in the cases referred to in § 4, the penalty shall be the imprisonment of fifteen years to twenty years if within five days of arrest, detention or abduction, the person taken as a hostage was voluntarily released without the order or condition being executed.
§ 4. The penalty will be life imprisonment in the following cases:
1° if the arrest, detention or abduction of the person taken as a hostage has caused either a seemingly incurable disease, or a permanent physical or psychological incapacity, or the complete loss of the use of an organ, or a serious mutilation, or death;
2° if the person taken as hostage has been subjected to bodily torture. "
Art. 5. Section 363 of the same Code is replaced by the following provision:
“Art. 363. - Will be punished by the imprisonment of five years to ten years, who substitutes a child for another child or who assigns to a woman a child of which she has not given birth.
Will be punished by imprisonment from six months to five years, which destroys the proof of a child's civil status or prevents the establishment of a child.
The same penalty shall be applied to those who have given the mission to commit the facts mentioned in the preceding paragraphs, if the mission has been executed. "
Art. 6. In section 372 of the same Code, replaced by the Act of 15 May 1912, the following amendments are made:
1° Paragraph 1 is supplemented by the words "five to ten years";
2° In paragraph 2, the words "or adoptive" are inserted between the words " ascendants" and the words "on the person";
3° In the same paragraph, the words "forced work" are replaced by the words "reclusion";
4° The same paragraph is supplemented as follows:
"The same penalty shall be applied if the perpetrator is either the brother or sister of the minor victim or any person who occupies a similar position within the family, or any person who usually or occasionally lives with her and has authority over her. »
Art. 7. In section 373 of the same Code, replaced by the Act of 15 May 1912, the following amendments are made:
1° Paragraph 2 is supplemented by the words "five to ten years";
2° In paragraph 3, the words "forced labour" are replaced by the words "reclusion".
Art. 8. In section 375 of the same Code, replaced by the Act of 15 May 1912 and amended by the Acts of 14 May 1937 and 4 July 1989, the following amendments are made:
1° Paragraph 3 is supplemented by the words "five to ten years";
2° In paragraphs 4, 5 and 6, the words "forced labour" are replaced by the words "reclusion";
3° In paragraph 7, the words "forced labour for life" are replaced by the words "of imprisonment from twenty years to thirty years. "
Art. 9. In section 376 of the same Code, replaced by the Act of 4 July 1989, the following amendments are made:
1° In paragraph 1, the words "forced labour for life" are replaced by the words "of imprisonment from twenty years to thirty years"
2° In paragraphs 2 and 3, the words "forced labour" are replaced by the words "reclusion. "
Art. 10. The following amendments are made to section 377 of the Code, as amended by the Acts of 15 May 1912, 14 May 1937, 18 June 1985 and 4 July 1989:
1° In paragraph 1, the words "or the opponent" are inserted between the words "upper" and the words "of the victim";
2° In the same paragraph, the words "; if the perpetrator is either the brother or sister of the minor victim or any person who occupies a similar position within the family, or any person who habitually or occasionally lives with her and has authority over her," are inserted between the words "by one or more persons" and the words "sentences";
3° In paragraphs 2, 4 and 6, the words "forced labour" are replaced by the words "reclusion. "
Art. 11. Section 378 of the same Code, as amended by the Act of 8 April 1965, is replaced by the following provision:
"Art. 378. - In the cases provided for in this chapter, the guilty shall be sentenced to the prohibition of the rights set out in section 31. "
Art. 12. Section 378bis of the same Code, inserted by the Act of 4 July 1989, is replaced by the following provision:
"Art. 378bis. - The publication and dissemination by the book, the press, the cinematography, the radiophony, the television or in any other way, of texts, drawings, photographs, images or sound messages that reveal the identity of the victim of an offence referred to in this chapter are prohibited, unless the latter has given its written agreement or if the prosecutor of the King or the magistrate responsible for the instruction has given its consent.
Offences under this section are punishable by imprisonment from two months to two years and a fine of three hundred francs to three thousand francs or only one of these penalties. "
Art. 13. Section 379 of the Code, replaced by the Act of 13 April 1995, is amended as follows:
1° in paragraph 1, the words "five to ten years" are inserted between the words "reclusion" and the words "and a fine";
2° in paragraph 2, the words "forced labour" are replaced by the words "reclusion";
3° in paragraph 3, the words "forced labour" are replaced by the words "reclusion", and the words "ten years" are replaced by the words "fourteen years. "
Art. 14. In section 380bis of the same Code, replaced by the Act of 13 April 1995, which became section 380, the following amendments are made:
1° in §§ 3, 4 and 5, the words "forced labour" are replaced by the words "reclusion";
2° in § 4, 1° and 4°, the words "under sixteen years" are deleted;
3° § 4 is supplemented by a 5°, which reads as follows:
"5° anyone who has obtained through the delivery, offer or promise of a material or financial benefit, the debauchery or prostitution of a minor. »;
4° in § 5, the words "less than ten years" are replaced by the words "less than sixteen years";
5° it is inserted a § 6, written as follows:
Ҥ 6. Anyone who has witnessed the debauchery or prostitution of a minor shall be punished by imprisonment from one month to two years and a fine of one hundred francs to two thousand francs. "
Art. 15. Section 380quater of the same Code, inserted by the Act of 21 August 1948 and amended by the Act of 27 March 1995, becomes section 380bis.
Art. 16. In article 380quinquies of the same Code, inserted by the law of 27 March 1995, which becomes article 380ter, in §§ 1^er and 2, the words "with a direct or indirect profit" are deleted.
Art. 17. Section 381bis of the same Code, inserted by the Act of 13 April 1995, which becomes section 381, is replaced by the following provision:
"Art. 381. - The offences referred to in Articles 379 and 380, §§ 3 and 4, shall be punished by the imprisonment of fifteen years to twenty years and by a fine of one thousand francs to one hundred thousand francs and the offences referred to in Article 380, § 5, shall be punished by the imprisonment of seventeen years to twenty years and by a fine of one thousand francs to one hundred thousand francs, if they constitute acts of participation in the principal or accessory activity of "
Art. 18. Section 382 of the same Code, as amended by the Acts of 26 May 1914, 21 August 1948, 28 July 1962, 8 April 1965 and 13 April 1995, is replaced by the following provision:
"Art. 382. § 1^er. In the cases referred to in sections 379 and 380, the perpetrators will also be sentenced to the prohibition of the rights set out in section 31.
§ 2. The courts may prohibit persons convicted of an offence under Article 380 §§ 1^er 3, for a term of one year to three years, to exploit, either by themselves or by interposed person, a flow of drinks, a placement office, a spectable company, a rental agency or a sale of visual media, a hotel, a furnished rental agency, a travel agency, a marital brokerage company, an institution of adoption, an institution to which the person is entrusted
In case of second conviction for an offence under Article 380, §§ 1^er at 3, the prohibition may be pronounced for one year to twenty years.
In the event of a conviction for an offence under articles 379 and 380, §§ 4 and 5, the prohibition may be imposed for a term of one to twenty years.
§ 3. Without having regard to the quality of the physical or legal person of the operator, owner, tenant or manager, the court may order the closure of the establishment in which the offences were committed, for a period of one month to three years.
Where the convict is neither owner, operator, tenant, nor manager of the establishment, the closure may be ordered only if the gravity of the specific circumstances so requires, for a period of not more than two years, after a summons by the public prosecutor, owner, operator, tenant or manager of the establishment.
The summons before the court is transcribed to the conservation of the mortgages of the situation of the goods at the diligence of the bailiff who exploited it.
The summons must contain the cadastral designation of the property concerned and identify the owner in the form and sanction provided for in section 12 of the Act of 10 October 1913, amending the mortgage law and the law on forced expropriation and re-regulating the organization of the conservation of mortgages.
Any decision made in the case is mentioned on the margins of the transcript of the summons according to the procedure provided for in section 84 of the Mortgage Act. The Clerk sends to the mortgage curator the extracts and the statement that no appeal is filed.
§ 4. Section 389 is applicable to this provision. "
Art. 19. Article 382bis of the same Code, inserted by the Act of 13 April 1995 containing provisions for the suppression of trafficking in persons and child pornography, becomes Article 382ter.
Art. 20. Section 382bis of the same Code, inserted by the Act of 13 April 1995 on sexual abuse of minors, is replaced by the following provision:
« Art. 382bis - Without prejudice to the application of section 382, any conviction for acts referred to in sections 372 to 377, 379 to 380ter, 381 and 383 to 387, made on a minor or involving his participation, may include, for a period of one year to twenty years, the prohibition of the right:
1° to participate, in any capacity, in a given education in a public or private institution that accommodates minors;
2° to be a member, as a volunteer member, a member of the statutory or contractual personnel, or as a member of the administrative and management bodies, of any legal or de facto association whose activity relates to minors in a pincipal manner;
3° to be assigned to an activity that places the convicted person in a relationship of trust or authority with respect to minors, as a volunteer member, member of the statutory or contractual staff or as a member of the administrative and management bodies, of any legal person or association of fact.
Section 389 is applicable to this provision. "
Art. 21. In section 383bis of the same Code, inserted by the Act of 13 April 1995, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. Without prejudice to the application of articles 379 and 380, anyone who has exhibited, sold, leased, distributed, disseminated or handed over emblems, objects, films, pictures, slides or other visual media that represent positions or sexual acts of a pornographic character, involving or presenting minors, or will have them, for the purpose of trade or distribution, manufactured or detained, imported or imported, handed over to a transport or distribution agent, shall be punished by a hundred francs »;
2° in § 3, the words "forced labour" are replaced by the words "reclusion";
3° to § 5, the words "Article 382 is applicable" are replaced by the words "Articles 382 and 389 are applicable".
Art. 22. In section 384 of the same Code, as amended by the Act of 14 June 1926, the words "In the case provided for in the preceding section" are replaced by the words "In the cases referred to in section 383".
Art. 23. In section 385 of the same Code, as amended by the Act of 15 May 1912, the following amendments are made:
1° the word "child" is replaced by the word "minor";
2° in the Dutch text, the word "tegenwoordigheid" is replaced by the word "aanwezigheid".
Art. 24. In section 386bis of the same Code, replaced by the Act of 28 July 1962, which becomes section 387, the following amendments are made:
1° in paragraph 1^erthe words “less than eighteen years completed” are deleted;
2° Paragraph 2 is deleted.
Art. 25. Section 386ter of the same Code, inserted by the Act of 28 July 1962, which becomes section 388, is replaced by the following provision:
"Art. 388. - In the cases provided for in this chapter, the perpetrators may also be sentenced to the prohibition of the rights set out in section 31.
In the event of conviction under articles 386, paragraph 1^er, or 387 and if the offence has been committed in the operation of a bookshop, bookshop or photographic product or material trade necessary for the realization of any type of visual support, or a spectable company, the closure of the establishment may be ordered for a period of one month to three months.
In the event of a second conviction of the head of one of the acts referred to in paragraph 2, committed within three years of the first conviction, the closure may be ordered for a period of three months to six months.
In the event of a third conviction of the head of the same acts committed within five years of the date of the second conviction, the final closure may be ordered. In the latter case, courts and tribunals may also prohibit convicts from exploiting, either by themselves or by interposed person, a bookstore, a bookshop, a bookshop, a trade in photographic products or equipment necessary to the realization of any kind of visual support, a company of shows or one or more of these shops or companies or to be used there in any way.
Where the convicted person is neither owner, operator, tenant, nor manager of the establishment, the closure may be ordered only if the gravity of the specific circumstances so requires. In this case, Article 382, § 3, paragraphs 2 to 5, is applicable.
Section 389 is applicable to this provision. "
Art. 26. Section 389 of the Code, repealed by the Act of 28 October 1974, is reinstated in the following wording:
"Art. 389. § 1^er. The duration of the prohibition imposed under articles 378, 382, § 1^er382 bis and 388, paragraph 1^er, shall run on the day of the suspended sentence or on the day on which the convicted person has suffered or prescribed his or her sentence of imprisonment, and, in the event of early release, from the day on which he or she is released, provided that he or she is not dismissed.
However, the prohibition imposed under section 382, § 2, will produce its effects from the day that the conflicting or default conviction will become irrevocable.
§ 2. Any offence at the disposal of the judgment or judgment which makes a prohibition under the articles referred to in § 1^er shall be punished by imprisonment of one month to six months and a fine of one hundred francs to one thousand francs or one of these penalties only.
§ 3. The closure imposed pursuant to articles 382, § 3, and 388 will produce its effects from the day that the contradictory or default conviction will become irrevocable.
§ 4. Any offence at the disposal of the judgment or order which orders the closure of an institution pursuant to the articles referred to in § 3 shall be punished by imprisonment from three months to three years and a fine of one thousand francs to five thousand francs or one of these penalties only. "
Art. 27. The title of Chapter VIII of Title VII, Book II, of the same Code, including section 391, is replaced by the following title:
“Chapter VIII - Bigamie."
Art. 28. Articles 405bis and 405ter, as follows, are inserted in the same code:
"Art. 405bis. - In the cases referred to below, if the crime or offence has been committed against a minor or to a person who, due to physical or mental status, was not in a position to provide for his or her maintenance, the penalties shall be as follows:
1° in the cases referred to in Article 398, paragraph 1^er, penalties shall be imprisonment for one month to one year and a fine of twenty-six francs to one hundred francs;
2° in the cases referred to in article 398, paragraph 2, the penalties shall be imprisonment for two months to two years and a fine of fifty francs to two hundred francs;
3° in the cases referred to in Article 399, paragraph 1^erthe penalties shall be imprisonment for four months to four years and a fine of 50 francs to two hundred francs;
4° in the cases referred to in article 399, paragraph 2, penalties shall be imprisonment for one year to five years and a fine of one hundred francs to five hundred francs;
5° in the cases referred to in Article 400, paragraph 1^erthe penalty shall be imprisonment for five years to ten years;
6° in the cases referred to in article 400, paragraph 2, the sentence shall be imprisonment from ten years to fifteen years;
7° in the cases referred to in Article 401, paragraph 1^erthe penalty shall be imprisonment for ten years to fifteen years;
8° in the cases referred to in article 401, paragraph 2, the penalty shall be the imprisonment of fifteen years to twenty years;
9° in the cases referred to in section 402, the sentence shall be imprisonment from five years to ten years;
10° in the cases referred to in section 403, the sentence shall be imprisonment from ten years to fifteen years;
11° in the cases referred to in section 404, the penalty shall be the imprisonment of between seventeen years and twenty years.
Art. 405ter. - In the cases provided for in sections 398 to 405bis, if the crime or offence has been committed against a minor or to a person who, because of his physical or mental condition, was not able to provide for his or her maintenance, by his or her father, mother or other ascendants, any other person having authority over the minor or the incapable or in custody, or any person who occasionally or at least cohabits the victim, »
Art. 29. Section 409 of the same Code, repealed by the Act of 9 April 1930, is reinstated in the following wording:
"Art. 409. § 1^er. Any person who has practised, facilitated or promoted any form of mutilation of the genital organs of a female person, with or without the consent of the female person, shall be punished by imprisonment from three years to five years.
The attempt will be punished by imprisonment from eight days to one year.
§ 2. If mutilation is practised on a minor or for a lucre purpose, the sentence will be imprisonment for five years to seven years.
§ 3. When mutilation has caused a seemingly incurable disease or a permanent incapacity for personal work, the sentence will be imprisonment from five years to ten years.
§ 4. When the mutilation made without intent to give death has caused it, the penalty will be imprisonment from ten years to fifteen years.
§ 5. If the mutilation referred to in § 1^er was practised on a minor or a person who, because of his or her physical or mental condition, was not able to provide for his or her maintenance, by his or her father, mother or other ascendants, any other person who had authority over the minor or the incapable or had custody of him or her, or any person who occasionally ordinarily cohabits with the victim, the minimum penalties laid down in § 1^er 4 will be doubled if it is a prison, and increased by two years if it is a prison sentence. »
Art. 30. In section 410 of the same Code, as amended by the Acts of 15 May 1912, 31 March 1987 and 24 November 1997, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"In the cases referred to in sections 398 to 405, if the perpetrator committed the crime or offence against his or her father or mother or other ascendants, the minimum of the penalty imposed by these articles will be doubled if it is imprisonment, and increased by two years if it comes to imprisonment. »;
2° paragraph 2 is deleted;
3° in paragraph 3, which becomes paragraph 2, the word "also" is deleted.
Art. 31. Chapter III of Title VIII of Book II of the same Code, including sections 423 to 433, is replaced by a chapter III containing sections 423 to 432, as follows:
“Chapter III. - Offences against minors, the incompetent and the family.
Section I. - Timeliness and abandonment of children or incapable in need
Art. 423. § 1^er. Will be punished by imprisonment from one month to three years and a fine of twenty-six francs to three hundred francs, or only by one of these penalties, those who have neglected or abandoned, in any place, a minor or a person out of state to protect themselves because of his physical or mental state.
§ 2. If, as a result of the delay, the person referred to in § 1^er has remained severely mutilated, suffers from a seemingly incurable disease or lost the absolute use of an organ, the culprits will be punished by imprisonment from six months to five years and a fine from fifty francs to three hundred francs, or only one of these penalties.
§ 3. If the delay caused the death of the person referred to in § 1^er, the culprits shall be punished by imprisonment from five years to ten years.
Art. 424. Will be punished by imprisonment from eight days to six months and a fine of 50 francs to five hundred francs, or only one of these penalties, without prejudice, if any, to the application of more severe criminal provisions:
The father or mother or adopters who abandon their child in need, although they have not been left alone, who refuse to take it back or refuse to pay for their maintenance when they have entrusted it to a third party or have been entrusted to a third party by judicial decision.
In the event of a second conviction for one of the offences under this article, committed within five years of the first, the penalties may be doubled.
Section II. - Deprivation of food or care inflicted on minors or incapable persons
Art. 425. § 1^er. Will be punished by imprisonment from one month to three years and a fine of twenty-six francs to three hundred francs, or only one of these penalties, anyone who voluntarily deprived of food or care, to the point of compromising his health, a minor or a person who, because of his physical or mental state, was not in a position to provide for his or her maintenance.
§ 2. If the deprivation of food or care has caused either a disease that appears incurable, or the complete loss of the use of an organ, or a serious mutilation, the perpetrator will be punished by imprisonment from five years to ten years.
§ 3. If the deprivation of food or care voluntarily, without intent to give death, has caused it, the perpetrator will be punished by imprisonment from ten years to fifteen years.
Art. 426. § 1^er. Will be punished by imprisonment from eight days to two months and a fine of 50 francs to five hundred francs or one of these penalties only, without prejudice, if any, to the application of more severe criminal provisions, anyone who has custody of a minor or a person who is out of state to be able to interview him because of his physical or mental condition, will have neglected the maintenance of that minor or of that person.
§ 2. If the negligence resulted in the death of the minor or the person out of state to provide for his or her maintenance because of his or her physical or mental condition, the perpetrator shall be punished by imprisonment from three months to two years and a fine of fifty francs to one thousand francs.
Section III. - Common provision in sections I^er II
Art. 427. - In the cases provided for in sections 423, 425 and 426, if the offender has committed the facts against his father, mother, adopter or other ascendants, the minimum of the penalty imposed by these articles will be doubled if it is imprisonment, and increased by two years if it is imprisonment.
It will be the same when the perpetrator is the father, mother or opponent of the victim, or any other person who has authority over her or has custody.
Section IV. - The abduction and the recel of minors
Art. 428. § 1^er. Anyone who has kidnapped or kidnapped a minor under the age of twelve will be punished by imprisonment from five years to ten years, even though the minor would have voluntarily followed his kidnapper.
§ 2. Any person who has, by violence, ruse or threat, abducted or abducted a minor over the age of twelve shall be punished by imprisonment from five years to ten years.
§ 3. If the abducted minor has been subjected to bodily torture, the sentence will be imprisonment from 10 years to 15 years.
§ 4. The penalty shall be the imprisonment of fifteen years to twenty years if the abduction or detention of the abducted minor has caused, either a seemingly incurable disease, or a permanent physical or psychological incapacity, or the complete loss of the use of an organ or a serious mutilation.
§ 5. If the kidnapping or detention have caused death, the penalty will be the imprisonment of wine for thirty years.
Art. 429. - Will be punished with the same penalties as the perpetrator of the kidnapping, whoever will keep a minor that he knows he was abducted.
Art. 430. - In the cases referred to in Articles 428 and 429, with the exception of the cases referred to in Article 428, §§ 3 to 5, the penalty shall be imprisonment from two years to five years and a fine from two hundred francs to five hundred francs, if within five days of the kidnapping, the kidnapper or the person referred to in Article 429 voluntarily returned the abducted minor.
Section V. - Non-representation of children
Art. 431. - shall be punished by imprisonment from eight days to one year and a fine of twenty-six francs to one hundred francs or only one of these penalties, those who, being charged with a minor under twelve, shall not represent him to those who have the right to claim him.
If the perpetrator conceals this minor for more than five days to those who have the right to claim him or her unduly holding that minor outside the territory of the Kingdom, he or she shall be punished by imprisonment for one year to five years and a fine of twenty-six francs to two hundred francs or only one of those penalties.
Art. 432. § 1^er. Will be punished by imprisonment from eight days to one year and a fine of twenty-six francs to one thousand francs, or only one of these penalties:
the father or mother who will subtract or attempt to subtract his or her minor child from the proceedings against him or her under the youth protection or youth assistance legislation, who will subtract him or her or attempt to remove him or her from the custody of the persons to whom the competent authority has entrusted him or her, who will not represent him or her to those who have the right to claim, remove him or her consent.
If the culprit has been deprived of parental authority in whole or in part, imprisonment may be up to three years.
§ 2. If the perpetrator hides the minor child for more than five days to those who have the right to claim him or her unduly retains the minor child outside the territory of the Kingdom, he or she shall be punished by imprisonment from one year to five years and a fine of 50 francs to one thousand francs, or only one of these penalties.
If the perpetrator has been deprived of parental authority in whole or in part, imprisonment will be at least three years.
§ 3. In cases where the custody of a minor child has been decided either in the course of a divorce or in the separation of a body or in other circumstances provided by law, the penalties provided for in §§ 1^er and 2 shall be applied to the father or mother who will subtract or attempt to subtract his or her minor child from the custody of those to whom he or she has been entrusted under the decision, who shall not represent him or her to those who have the right to claim, remove him or cause him to be removed, even from his or her consent.
§ 4. When the custody of the minor child has been subject to a transactional settlement prior to a mutual consent procedure, the penalties provided for in §§ 1^er and 2 shall be applied to the father or mother who, as of the date of the transcription of the divorce by mutual consent, shall exempt or attempt to remove his or her minor child from custody of those to whom he or she has been entrusted by virtue of the decision or settlement, which shall not represent him or her to those who have the right to claim, remove him or cause him to be removed even from his or her consent.
Art. 32. Section 433 of the Criminal Code is repealed.
Art. 33. Article 458bis, as follows, is inserted in the same Code:
"Art. 458bis. - Any person who, by state or profession, is the custodian of secrets and is therefore aware of an offence provided for in sections 372 to 377, 392 to 394, 396 to 405ter, 409, 423, 425 and 426, who has been committed on a minor, may, without prejudice to the obligations imposed on him by section 422bis, inform the prosecutor of the King, provided that he has examined "
CHAPTER III. - Provisions amending the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure
Art. 34. Section 10ter of the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure, inserted by the Act of 13 April 1995, is replaced by the following provision:
"Art. 10.ter. - To be prosecuted in Belgium any person who has committed outside the territory of the Kingdom:
1° one of the offences provided for in articles 379, 380, 381 and 383 bis, §§ 1^er and 3 of the Criminal Code;
2° one of the offences provided for in sections 372 to 377 and 409 of the same Code if the act was committed on the person of a minor;
3° one of the offences provided for in Article 77bis, §§ 2 and 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and by Articles 10 to 13 of the Act of 9 March 1993 to regulate and control the activities of marital brokerage companies. "
Art. 35. In section 21bis of the Act, inserted by the Act of 13 April 1995, the following amendments are made:
1° The words "In the cases referred to in articles 372, 373, 375, 379, 380 and 380 bis of the Criminal Code" are replaced by the words "In the cases referred to in articles 372 to 377, 379, 380 and 409 of the Criminal Code";
2° The article is supplemented by a new paragraph, which reads as follows:
"In the event of a correction of a crime referred to in the preceding paragraph, the statute of limitations of public action remains the statute of limitations for a crime. "
CHAPTER IV
Provisions amending the Code of Criminal Investigation
Art. 36. In article 28quinquies, § 2, of the Code of Criminal Investigation, inserted by the law of 12 March 1998, the following amendments are made:
1° In paragraph 1, the words "the minutes of" are replaced by the words "the text of";
2° The paragraph is supplemented by the following paragraphs:
"When it comes to a minor and it appears that there is a risk for the minor to be dispossessed of the copy or to be unable to preserve its personal character, the King's attorney may, by a reasoned decision, refuse to communicate it. This decision is filed on file.
In this case, the minor may consult a copy of the text of his or her hearing, accompanied by a lawyer or a court assistant at the Public Prosecution Service. However, due to serious and exceptional circumstances, the Crown Prosecutor may, by reason of decision, delay the time of such consultation for a maximum period of three months renewable once. This decision is filed on file.
In the case referred to in paragraph 4 and without prejudice to the application of paragraph 3, the King's Prosecutor may decide to issue a free copy of the text of the minor's hearing to the lawyer of the minor. This decision is filed on file. "
Art. 37. In Article 57, § 2, of the same Code, restored by the law of 12 March 1998, the following amendments are made:
1° In paragraph 1, the words "the minutes of" are replaced by the words "the text of";
2° The paragraph is supplemented by the following paragraphs:
"When it comes to a minor and it appears that there is a risk for the minor to be dispossessed of the copy or to be unable to preserve its personal character, the examining magistrate may, by a reasoned decision, refuse to communicate it. This decision is filed on file.
In this case, the minor may consult a copy of the text of his or her hearing, accompanied by a lawyer or a court assistant at the Public Prosecution Service. However, due to serious and exceptional circumstances, the investigating judge may, by reason of decision, delay the time of the consultation for a maximum of three months renewable once. This decision is filed on file.
In the case referred to in paragraph 4 and without prejudice to the application of paragraph 3, the investigating judge may decide to issue a free copy of the text of the minor's hearing to the counsel of the minor. This decision is filed on file. "
Art. 38. § 1^er. In the title of Chapter VIIbis, Book I^er, from the same Code, restored by the law of 13 April 1995, the words "or witnesses" are inserted between the words "victims" and "some offences".
§ 2. In section 91bis of the same Code, re-established by the Act of 13 April 1995 and renumbered by the Act of 4 May 1999, the following amendments are made:
1° the words "or witness" are inserted between the word "victim" and the words "facts";
2° the words "articles 372, 373, 375, 379, 380 and 380bis of the Criminal Code" are replaced by the words "articles 347bis, 372 tot 377, 379, 380, 380bis, 380ter, 383, 383 bis, 385, 386, 387, 398 tot 405ter, 409, 410, 422bis, 422ter, 4
§ 3. Sections 92 to 101 of the Code, repealed by the Act of 20 May 1990, are reinstated in the following wording:
"Art. 92. § 1^er. The Crown Prosecutor or the investigating judge may order the audio-visual recording of the hearing of juvenile victims or witnesses of offences referred to in section 91bis, with their consent.
If the minor is less than twelve years old, it is sufficient to inform him.
§ 2. Audiovisual recording of the hearing of minors who are victims or witnesses of other offences than those referred to in § 1^er may be ordered due to serious and exceptional circumstances, with their consent.
If the minor is less than twelve years old, it is sufficient to inform him.
Art. 93. - The recorded hearing of the minor is carried out, according to the stage of the proceedings, by a magistrate of the public prosecutor, by the investigating judge or by a police officer appointed by one of them.
Art. 94. - The recorded hearing of a minor takes place in a specially adapted room. Persons who may be allowed to attend are the interrogator, the person referred to in section 91bis, one or more members of the technical service and a psychiatrist or psychologist expert.
Art. 95. - The interrogator explains to the minor the reasons why he wishes to conduct the audiovisual recording of the hearing and the information that he may, at any time, request to interrupt the hearing. Mention is made in the minutes.
At any time during the recorded hearing, the minor may request to interrupt the registration. This application is immediately followed by effect and acted in the minutes.
Art. 96. - A record of the recorded hearing shall be drawn up within 40 hours or immediately in the event of deprivation of liberty of the suspect. This report, in addition to the information provided in section 47bis, includes the main elements of the maintenance and possibly a retranscription of the most significant passages.
The full and literal retranscription of the hearing at the request of the investigating judge, the King's prosecutor or at the request of the hearing person or parties to the trial shall be carried out. This retranscription reflects the attitude and expressions of the minor. It is paid as soon as possible to the file.
Art. 97. - The recording of the hearing is done in two copies. Both cassettes have the status of originals and are filed in the Registry as exhibits.
In the event of a need, in particular for retranscription or expertise, one of the cassettes may be made available to the police or designated expert.
No copies of the tapes can be made.
Art. 98. - If it is essential to resume or complete the interrogation of the minor or to make a confrontation, the King's Prosecutor, the examining magistrate, the investigating court or the court of judgment orders by a reasoned decision that the new interrogation or confrontation in the forms and conditions provided for in articles 91bis to 97 be carried out.
Art. 99. - The viewing of the tape is limited to persons who participate professionally in information, instruction or judgment in the judicial record, as well as the parties to the trial.
The non-detainee and the civil party may apply to the investigating judge in accordance with section 61ter.
All parties have the right to view the tape after the King's prosecutor has taken requisitions for the settlement of the proceedings, in accordance with section 127.
Art. 100. - Minutes of interrogation and tapes of registration are filed before the court of investigation and the court of judgment in place of the minor's personal appearance.
However, when it considers the appearance of the minor necessary for the manifestation of the truth, the court of judgment may order it by a reasoned decision.
Art. 101. - The tapes would be destroyed by a decision of the court of judgment. In the other cases, they are kept in the registry and destroyed after the statute of limitations of public action or civil action has expired when it is later, and, in the event of conviction, after full execution or limitation of sentence. "
Art. 39. § 1^er. Article 190bis of the same Code, inserted by the law of 10 October 1967, becomes section 190ter.
§ 2. A new article 190bis, as follows, is inserted in the same Code:
"Art. 190bis. - With respect to minor witnesses, the court shall, where applicable, apply sections 92 to 101 with respect to the recorded hearing.
When it considers the appearance of the minor necessary for the manifestation of the truth, it is organized by videoconference, unless the minor expresses the will to testify at the hearing.
In the event of videoconferencing, the minor is heard in a separate room, in the presence, if any, of the person referred to in section 91bis, his lawyer, one or more members of the technical service and a psychiatrist or psychologist expert.
If the court considers it necessary for the serenity of the testimony, it may, in any case, limit or exclude the visual contact between the minor and the defendant.
This section applies to minors whose hearing has been registered under section 92 and who have reached the age of majority at the time of the hearing. "
Art. 40. An article 327bis, as follows, is inserted in the same Code:
"Art. 327bis. - With respect to minor witnesses, the President shall, where applicable, apply sections 92 to 101 with respect to the recorded hearing.
When it considers the appearance of the minor necessary for the manifestation of the truth, it is organized by videoconference, unless the minor expresses the will to testify at the hearing.
In the event of videoconferencing, the minor is heard in a separate room, in the presence, if any, of the person referred to in section 91bis, his lawyer, one or more members of the technical service and a psychiatrist or psychologist expert.
If the President considers it necessary for the serenity of the testimony, he may in any case limit or exclude the visual contact between the minor and the accused.
This section applies to minors whose hearing has been registered under section 92 and who have reached the age of majority at the time of the hearing. »
CHAPTER V. - Provision amending the Act of 4 October 1867 on mitigating circumstances
Art. 41. In section 2, paragraph 3, of the Act of 4 October 1867 on mitigating circumstances, the second paragraph shall be replaced by the following provision:
"(2) if it is a crime referred to in section 347bis of the Criminal Code where hostage-taking has caused the hostages only a permanent physical or psychological incapacity, regardless of the age of the person taken as a hostage; "
CHAPTER VI. - Provision to amend the Suspension, Suspension and Probation Act of 29 June 1964
Art. 42. An article 9bis, as follows, is included in the Act of 29 June 1964 concerning suspension, probation and probation:
"Art. 9bis. - If the accused and convicted persons are for one of the acts referred to in articles 372 to 377 of the Criminal Code, or for one of the acts referred to in articles 379 to 387 of the same Code when they have been committed on minors or with their participation, the competent courts shall, before ordering a probatory measure, take the reasoned opinion of a service specialized in the guidance or treatment of sexual offenders.
Where the suspension of the sentence or the stay of the sentence is subject to a probation measure consisting of the follow-up of guidance or treatment, the probation committee shall, after having, where appropriate, read the reasoned opinion referred to in paragraph 1, invite the person concerned to choose a competent service or a competent person. This choice is subject to the commission's agreement.
Such a service or a person who accepts the mission shall address the probation board in the month following the commencement of such guidance or treatment, and whenever such service or person considers it useful, or at the invitation of the commission, and at least once every six months, a follow-up report on guidance or treatment.
The report referred to in paragraph 3 addresses the following points: the actual presence of the interested party in the proposed consultations, the unwarranted absences, the unilateral cessation of the guidance or treatment by the person concerned, the difficulties encountered in the implementation of the consultations and situations involving serious risk to third parties.
The competent department or the competent person shall inform the board of the interruption of the guidance or treatment. »
CHAPTER VII. - Provisions amending the Social Defence Act of 9 April 1930 with respect to abnormals, ordinary offenders and perpetrators of certain sexual offences
Art. 43. In section 20 of the Act of 9 April 1930 of Social Defence in respect of anorms, ordinary offenders and perpetrators of certain sexual offences, as amended by the Act of 7 May 1999, the following paragraphs are inserted between paragraphs 1^er and 2:
"If the unleashed internee has been interned for one of the facts referred to in sections 372 to 377 of the Criminal Code, the medical-social guardianship referred to in paragraph 1^er includes the obligation to follow guidance or treatment in a service specialized in the guidance or treatment of sexual offenders.
The Commission invites the individual to choose a competent person or a competent service. This choice is subject to the commission's agreement.
The person or service that accepts the mission shall address the commission in the month following the release on trial, and whenever the person or service considers it useful, or at the invitation of the commission, and at least once every six months, a follow-up report on guidance or treatment.
The report referred to in paragraph 4 addresses the following points: the actual presence of the interested party in the proposed consultations, the unwarranted absences, the unilateral cessation of the guidance or treatment by the person concerned, the difficulties encountered in the implementation of the consultations and situations involving serious risk to third parties.
The competent department or the competent person shall inform the board of the interruption of the guidance or treatment. »
Art. 44. Section 20bis of the Act, inserted by the Act of 13 April 1995, is replaced by the following provision:
"Art. 20bis. - The reasoned opinion of a service specialized in the guidance or treatment of sexual offenders is required before the final release or trial of any internee for any of the facts referred to in Articles 372 to 377 of the Criminal Code, or for any of the acts referred to in Articles 379 to 381 and 383 to 387 of the same Code when committed on minors or with their participation.
In the event of a release on trial, the commission may also issue a condition of prohibition for the trial period that it determines at the time of release on trial:
1° Participate, in any capacity, in a given education in a public or private institution that accommodates minors;
2° to be a member, as a volunteer member, a member of the statutory or contractual staff or as a member of the administrative and management bodies, of any legal or de facto association whose activity is primarily concerned with minors;
3° be assigned to an activity that places the person concerned in a relationship of trust or authority with respect to minors, as a volunteer member, member of the statutory or contractual staff or as a member of the administrative and management bodies, of any legal person or association of fact. »
Art. 45. In section 25 of the Act, as amended by the Acts of 17 July 1990 and 5 March 1998, the following amendments are made:
1° in paragraph 2 the words "articles 372 to 378 of the Criminal Code, or for acts referred to in sections 379 to 386ter of the same Code, if committed on minors or with their participation" are replaced by the words "articles 372 to 377 of the Criminal Code, or for acts referred to in sections 379 to 387 of the same Code when committed on minors or with their participation";
2° the last paragraph shall be replaced by the following paragraphs:
"The report referred to in paragraph 4 addresses the following points: the actual presence of the interested party in the proposed consultations, the unwarranted absences, the unilateral cessation of the guidance or treatment by the person concerned, the difficulties encountered in the implementation of the consultations and situations involving a serious risk to third parties.
The competent department or the competent person shall inform the Minister of the interruption of the guidance or treatment. »
CHAPTER VIII. - Provisions amending the Act of 20 July 1990 on preventive detention
Art. 46. Article 35 of the Act of 20 July 1990 on preventive detention is supplemented by § 6, which reads as follows:
“§ 6. If the conditions in accordance with § 3 require the follow-up of guidance or treatment, the examining magistrate or the court of investigation or judgment shall invite the accused to choose a competent person or a competent service. This choice is subject to the agreement of the judge or the court.
The person or such service who accepts the mission, addresses to the judge or court, within the month following the release, and whenever the person or service considers it useful, or at the invitation of the judge or court, and at least once every two months, a follow-up report on the guidance or treatment.
The report referred to in paragraph 2 addresses the following points: the actual presence of the interested party in the proposed consultations, the unwarranted absences, the unilateral cessation of the guidance or treatment by the person concerned, the difficulties encountered in the implementation of the consultations and situations involving serious risk to third parties.
The competent department or the competent person shall inform the judge or the court of the interruption of the guidance or treatment. »
Art. 47. Article 38, § 1^er, the Act is supplemented by the following paragraph:
"The monitoring of guidance or treatment is carried out in accordance with Article 35, § 6. »
CHAPTER IX. - Provision amending the Act of March 5, 1998 on conditional release and amending the Act of April 9, 1930 on social defence in respect of abnormals and ordinary offenders
Art. 48. Section 7 of the Act of 5 March 1998 on conditional release and amending the Act of 9 April 1930 on social defence in respect of abnormals and ordinary offenders, replaced by the Act of 1^er July 1964, the last paragraph was replaced by the following provision:
"The report referred to in paragraph 4 addresses the following points: the actual presence of the interested party in the proposed consultations, the unwarranted absences, the unilateral cessation of the guidance or treatment by the person concerned, the difficulties encountered in the implementation of the consultations and situations involving a serious risk to third parties.
The competent department or the competent person shall inform the board of the interruption of the guidance or treatment. "
CHAPTER X. - Provision amending the Judicial Code
Art. 49. Article 92, § 1^erof the Judicial Code, amended by the Act of 3 August 1992, is amended as follows:
The 4th is replaced as follows:
" 4th criminal cases relating to offences under Part VII and Part VIII, Chapter III, of Book II of the Criminal Code; "
CHAPTER XI. - Provision amending the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 50. The following amendments are made to section 77bis of the Act of 15 December 1980 on access to territory, residence, establishment and alignment of aliens, inserted by the Act of 13 April 1995:
- § 1^erParagraph 1^erthe words "transit" are inserted between the word "entrance" and the words "or stay";
- § 1^er, 2°, the words "or its state of minority" are introduced between the words "or precarious" and the words "of a state of pregnancy".
CHAPTER XII. - Abrogatory provisions
Art. 51. Chapters II and IV are repealed in Title VII of Book II of the Criminal Code entitled "Crimes and offences against family order and against public morality".
Art. 52. Articles 354 to 360bis, 364 to 371, 401bis, 415 and 420bis of the same Code, and section 23, point 4°, of the law of 15 June 1899 including title I^er and II of the Code of Military Criminal Procedure are repealed.
CHAPTER XIII. - Entry into force
Art. 53. Chapters IV, VI, VII, VIII and IX come into force on a date determined by the King and no later than 1^er April 2001.
Promulgation of this Act, order that it be coated with the Seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 November 2000.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal,
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) House of Representatives.
Parliamentary documents.
1907 - 1998-1999:
Number 1: Bill.
N 2-6: Amendments.
Number 7: Report.
No. 8: Text adopted by the commission.
N 9-10: Amendments.
Report.
No. 12: Text adopted by the commission.
No. 13: Amendments.
No. 14: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Sessions of March 17, 18 and 31 and 1^er April 1999.
Senate.
Parliamentary documents.
1-1348 - 1998-1999:
No. 1: Project transmitted by the House of Representatives.
2-280 1999-2000:
No. 1: Project transmitted by the House of Representatives under the previous legislature and a statement of caducity.
N 2-4: Amendments.
Number 5: Report.
No. 6: Text adopted by the commission.
No. 7: Amendments.
Number 8: Report.
No. 9: Text adopted by the Committee after reference by the plenary meeting.
No. 10: Amended text after the Senate and referred to the House of Representatives.
Annales parliamentarians. - Discussion and adoption. Meetings of 30 and 31 May 2000.
House of Representatives.
Parliamentary documents.
50-695 - 1999-2000 :
No. 1: Draft amended by the Senate.
N 2-7: Amendments.
50-695 - 2000-2001:
No. 8: Amendments.
Number 9: Report.
No. 10: Text adopted by the comission.
N°11: Text adopted in plenary and referred to the Senate.
Annales parliamentarians. - Discussion and adoption. Session of October 26, 2000.
Senate.
Parliamentary documents.
2-280 - 2000-2001:
No. 11: Project brought back by the House of Representatives.
No. 12: Amendments.
Number 13: Report.
No. 14: Text corrected by the commission.
No. 15: Amendment.
Annales parliamentarians. - Discussion and adoption. Session of November 16, 2000.