belgiquelex.be - Carrefour Bank of Legislation

28 MARCH 2000. - Act to initiate an immediate criminal procedure (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. - Provision amending the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure
Art. 2. In article 4, paragraph 2, of the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure, inserted by the Act of 11 July 1994, the words "or section 216quinquies" are inserted between the words "216quater" and the words "and the court".
CHAPTER III. - Provisions amending the Code of Criminal Investigation
Art. 3. Section 182 of the Code of Criminal Investigation, as amended by the Acts of 10 July 1967 and 11 July 1994, is supplemented as follows:
", either by summoning for immediate appearance, in accordance with Article 216quinquies. »
Art. 4. Section 205 of the Code, amended by the Acts of 10 July 1967 and 11 July 1994, is supplemented as follows:
"or within forty-five days after the judgment is pronounced in the context of the immediate appearance procedure provided for in Article 216quinquies."
Art. 5. An article 209bis, as follows, is inserted in the same Code:
"Art. 209bis. In the cases referred to in section 216quinquies, the appeal shall be filed within the time and form provided for in sections 203 and 205.
Without prejudice to Article 205, the case shall be fixed within fifteen days after the expiry of the period referred to for the defendant in Article 203, § 1^er.
The time limit in court is two days.
The court may issue the case to one or more hearings as long as it takes the case to a deliberation no later than fifteen days after the opening hearing.
The court decides its decision within five days of the deliberation.
The court may, if it considers that the complexity of the case requires additional investigations, refer the case to the Attorney General by reasoned decision. "
Art. 6. It is included in Book II, Title First, of the same Code, a chapter V containing articles 216quinquies at 216s and written as follows:
« CHAPTER V. - Immediate appearance
Art. 216quinquies. § 1^er. The Crown Prosecutor summons, for the purpose of immediate appearance before the Correctional Court, any person who, pursuant to section 20bis of the Act of 20 July 1990 on pretrial detention, is detained or released under sections 35 and 36 of that Act.
When the arrest warrant for immediate appearance referred to in section 20bis of the Act is issued, the King's Attorney shall immediately notify any person referred to in paragraph 1^er and his lawyer, the place, the day and the time of the hearing.
This notification is referred to in a report, which is immediately forwarded to the interested party.
The notification contains a description of the facts withheld by the accused and the indication of section 91 of the Judicial Code and is a summons to appear.
§ 2. Places, days and times of appearance are communicated by any means appropriate to known victims.
After a written request from the injured person, who may be brought before the hearing at the same time as the statement provided for in Article 5bis of the preliminary title of the Code of Criminal Procedure, the file is made available to the injured person and to the lawyer at the time of the requisition of the arrest warrant for immediate appearance.
This provision of the file may be made in the form of certified true copies.
§ 3. The appearance before the court shall take place no later than four days but within seven days of the issuance of the arrest warrant for immediate appearance.
The court shall decide whether or not it is held within five days of the deliberation.
The judgment is not subject to opposition.
Art. 216sexies. The court may, if it considers that the complexity of the case requires further investigation, refer the case to the King's Prosecutor by reasoned decision.
In this case, the court ruled by the same order on the maintenance of the accused in custody until a warrant of arrest could be served within 24 hours. The decision to maintain is based on Article 16 §§ 1^er and 5, paragraphs 1^er and 2, Act of 20 July 1990 on preventive detention.
An order under this section is not subject to appeal.
Art. 216s. The court may issue the case to one or more hearings as long as it takes it to a deliberation no later than fifteen days after the introductory hearing provided for in Article 216quinquies, § 3. This rebate is decided on an ex officio basis or at the request of the defendant, the civil party or the King's Prosecutor to:
- to carry out the examination of any witness that he deems useful;
- conduct a social investigation.
If a witness is to be summoned, the time limit will be reduced in accordance with paragraph 4 of section 184. "
CHAPTER IV. - Provisions supplementing the Act of 20 July 1990 on preventive detention
Art. 7. It is included in the Act of 20 July 1990 on pre-trial detention a chapter IIIbis comprising an article 20bis, which reads as follows:
"Chapter IIIbis.
From arrest warrant to immediate appearance
Art. 20 bis. § 1^er. The Crown Prosecutor may request an arrest warrant for immediate appearance in accordance with Article 216quinquies of the Code of Criminal Investigation if the following conditions are met:
1° the act is punishable by one-year primary correctional imprisonment without exceeding ten years under the Act of October 4, 1867 on mitigating circumstances;
2° the offence is flagrant or the charges, which were brought together in the month following the commission of the offence, are sufficient to submit the case to the judge of the merits.
The King's attorney informs the defendant that he has the right to choose a lawyer. If the defendant has not chosen or chooses a lawyer, the King's Prosecutor shall immediately notify the Bar Association or its delegate who designates him.
If the defendant proves to be unresourced, the King's prosecutor immediately addresses the request for legal aid to the representative of the legal aid office, all in accordance with article 184bis of the Code of Criminal Investigation.
The accused has the right to speak with his lawyer, before appearing before the investigating judge.
§ 2. The file is made available to the accused and his lawyer upon requisition of the arrest warrant for immediate appearance.
This provision of the file may be made in the form of certified true copies.
§ 3. The investigating judge may issue an arrest warrant for immediate appearance which is served in accordance with Article 18, § 1^erafter hearing the person who is presented to him and, unless he refuses to be assisted, the comments of his lawyer.
The constitution of a civil party in the hands of the investigating judge is inadmissible as soon as the King's prosecutor requires an arrest warrant for immediate appearance and as long as this requisition is not rejected.
§ 4. The decision of the examining magistrate and its execution shall be subject to the conditions and conditions set out in the following articles:
- Article 16, §§ 1^er and 2;
- Article 16, § 3, except for the possibility of taking investigative measures;
Article 16, paragraphs 5 to 7;
Article 17;
- Article 18;
Article 19, §§ 1^er4-7;
- Article 27, since the notification provided for in Article 216quinquies, § 1^er, paragraph 2 of the Code of Criminal Investigation to the final decision on the merits, possibly in the form of appeal;
Article 28, § 1^er;
Article 35;
Article 36, § 1^eruntil the notification provided for in Article 216quinquies, § 1^erparagraph 2 of the Code of Criminal Investigation;
- Article 36, § 3, since the notification provided for in Article 216quinquies, § 1^er, paragraph 2, of the Code of Criminal Investigation to the Judgment, or if the court enforces section 216s of the Code;
Article 37;
Article 38.
§ 5. The arrest warrant for immediate appearance is valid until the judgment is pronounced as long as it intervenes within seven days of the order.
Otherwise the defendant is immediately released.
§ 6. From office or on a reasoned request to it, and as long as the notification provided for in Article 216quinquies, § 1^er, paragraph 2, did not intervene, the examining magistrate may release the arrest warrant for immediate appearance. He ruled on the field by a reasoned order that he immediately communicated to the King's Prosecutor.
§ 7. Orders referred to in this section are not subject to appeal. »
Art. 8. Article 33, § 1^erParagraph 1^er, of the same law, is supplemented as follows:
", or if he is not sentenced to an effective principal sentence within seven days of the issuance of the arrest warrant for immediate appearance. »
CHAPTER V
Provisions amending the Act of 29 June 1964
concerning suspension, stay and probation
Art. 9. Article 1^erbis, § 3, paragraph 1^er the Suspension, Suspension and Probation Act of 29 June 1964, as amended by the Act of 22 March 1999, is replaced by the following provision:
"General work or training may be ordered, possibly after a brief report as referred to in section 2 or a social investigation, in the presence of the accused, and if there are evidence of evidence that there are actually opportunities to perform work of general interest or to attend training at a place that does not require excessive movement for the person concerned. »
Art. 10. Article 2, § 1^erParagraph 1^er and paragraph 2 of the Act, as amended by the Act of March 22, 1999, the word "shall" is replaced by the word "may".
CHAPTER VI. - Entry into force
Art. 11. This Act comes into force on the date determined by the King and no later than 3 April 2000.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 March 2000.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 1999-2000
House of Representatives:
Parliamentary documents:
50-306/1: Bill.
50-306/2: Amendments.
50-306/3: Amendments.
50-306/4: Report of the Justice Commission.
50-306/5: Text adopted by the Justice Commission.
50-306/6: Annex.
50-306/7: Amendments.
50-306/8: Text adopted in plenary and transmitted to the Senate.
Parliamentary Annales. - Discussion and adoption. Session of February 18, 2000.
Senate:
Parliamentary documents:
2-347/1: Project transmitted by the House of Representatives.
2-347/2: Amendments.
2-347/3: Report and annexes.
2-347/4: Text adopted by the Justice Commission.
2-347/5: Amendments.
2-347/6: Text adopted in plenary meeting.
Annales parliamentarians. - Discussion and adoption. Session of March 23, 2000.