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An Act To Amend Certain Provisions Of The Penal Code, The Code Of Criminal Procedure, The Act Of 17 April 1878 Containing The Preliminary Title Of The Code Of Criminal Procedure, Of The Act Of April 9, 1930, Of Social Defence Against The Abnormal And T...

Original Language Title: Loi modifiant certaines dispositions du Code pénal, du Code d'Instruction criminelle, de la loi du 17 avril 1878 contenant le titre préliminaire du Code de Procédure pénale, de la loi du 9 avril 1930 de défense sociale à l'égard des anormaux et des délinq

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belgiquelex.be - Carrefour Bank of Legislation

7 MAI 1999. - An Act to amend certain provisions of the Criminal Code, the Code of Criminal Instruction, the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure, the Act of 9 April 1930 of Social Defence in respect of abnormals and ordinary offenders, replaced by the Act of 1er July 1964, of the Suspension, Suspension and Probation Act of June 29, 1964, of the Act of July 20, 1990 on pretrial detention, of 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, replaced by the Act of 1er July 1964 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER Ier. - Provision amending the Criminal Code
Art. 2. Article 157, paragraph 1er, from the Criminal Code, the words "justice" are deleted.
CHAPTER II. - Provisions amending
the Code of Criminal Investigation
Art. 3. In section 216ter of the Code of Criminal Investigation, inserted by the Act of 10 February 1994, the following amendments are made:
1° in paragraph 1er, paragraph 3, the words "by the Department of Justice Houses Service" are inserted between the word "social" and the word "invite";
2° a paragraph 7 is added as follows:
Ҥ 7. The Justice Houses Branch of the Ministry of Justice assists the King's Prosecutor in the various phases of criminal mediation and specifically in its concrete execution. The officers of this service carry out their mission in close collaboration with the Crown Prosecutor, who has control over their activities.
By court of appeal, agents of the Department of Justice Houses Service intervene to assist the Attorney General in the execution of a criminal policy in criminal mediation, for the evaluation, coordination and supervision of the application of criminal mediation in the various prosecutor's offices and to assist the officers, referred to in paragraph 1er. They work closely with the Attorney General. "
Art. 4. In section 233 of the same code, the words "house of justice" are replaced by the words "house of arrest".
Art. 5. Section 243 of the same code is replaced by the following provision:
"In the twenty-four hours following the service, the accused will be transferred from the arrest house where he stays to the arrest house attached to the court in which he must be tried. "
Art. 6. In section 421, paragraph 3 of the same code, the words "house of justice" are replaced by the words "house of arrest".
Art. 7. In section 500, paragraph 2, of the same code, the words "house of justice" are replaced by the words "house of arrest".
Art. 8. In Book II, Title VII, of the same code, the title of Chapter II is replaced by the following title:
“Chapter II. - Prisons and prison houses."
Art. 9. Section 603 of the same code, as amended by the Act of 10 July 1967, is replaced by the following provision:
"With the exception of prisons, for the execution of sentences, there will be, in every district near the court of first instance, a house of arrest to admit the accused. Similarly, there will be near each seating court an arrest house to admit those against whom a body-taking order was awarded. "
Art. 10. In article 604 of the same code, the words "and justice" are deleted.
Art. 11. In section 607 of the same code, as amended by the Act of 10 July 1967, the following amendments are made:
1° in the first paragraph, the words "houses of justice" are deleted;
2° Paragraph 2 is replaced by the following provision:
"This register will be signed on all pages and will be approved by the investigating judge for the arrest houses near the courts of first instance, by the president of the court of first instance for the houses of arrest near the courts of siege and by the provincial governor for the prisons for the execution of sentences. "
Art. 12. In section 611 of the same code, as amended by the Act of 10 July 1967, the following amendments are made:
1° in the first paragraph, the words "in the court of first instance" are inserted between the words "arrest" and "of";
2° in the second paragraph, the words "house of justice" are replaced by the words "house of arrest near the court of siege";
3° in the third paragraph, the words "houses of justice" are replaced by the words "houses of arrest near the courts of siege and all".
Art. 13. In section 612 of the same code, as amended by the Act of 10 July 1967, the words "or a house of justice" are deleted.
Art. 14. In section 613, paragraph 2 of the same code, the words "and justice" are replaced by the words "close to the courts of first instance and close to the courts of siege".
Art. 15. In section 615 of the same code, amended by the laws of 10 July 1967 and 10 October 1967, the words "justice" are deleted.
Art. 16. In section 618 of the same code, as amended by the Act of 10 October 1967, the words "justice" are deleted.
CHAPTER III . - Provisions amending the Act of 17 April 1878
containing the preliminary title of the Code of Criminal Procedure
Art. 17. In article 3bis of the preliminary title of the Code of Criminal Procedure, inserted by the law of 12 March 1998, the following amendments are made:
1° in paragraph 2, the words "persons" are replaced by the words "the staff of the Department of Justice House Service";
2° it is added a paragraph written as follows:
"By court of appeal, agents of the Department of Justice Houses Service intervene to assist the Attorney General in the execution of a criminal policy in the care of victims, for the evaluation, coordination and supervision of the application of the reception of victims in the various prosecutor's offices and to assist the agents mentioned in paragraph 2, who deal with the reception of victims. They work closely with the Attorney General. "
CHAPTER IV. - Provisions amending the Act of 9 April 1930
social defence in respect of abnormals and ordinary offenders
Art. 18. Section 6, last paragraph, of the Act of 9 April 1930 of Social Defence in respect of abnormals and ordinary offenders, replaced by the Act of 1er July 1964, the words "a house of arrest or justice" are replaced by the words "a house of arrest".
Art. 19. Section 20 of the Act, replaced by the Act of 1er July 1964 is supplemented by the following paragraph:
"As part of this tutelage, an agent of the Department of Justice Houses Service is responsible for the assistance and supervision of the liberated according to the conditions imposed. In the month following the release, this officer reports to the commission on the liberated, and then whenever he considers it useful or the commission invites him to do so, and at least once every six months. Where applicable, it proposes the measures it deems necessary. "
CHAPTER V. - Provisions amending the law of
29 June 1964 concerning suspension, probation and probation
Art. 20. In section 2, of the Suspension, Suspension and Probation Act of 29 June 1964, as amended by the Act of 11 July 1994, the words "probation assistant" are replaced by the words "agent of the Department of Justice Houses Service".
Art. 21. In section 9 of the Act, the following amendments are made:
1st paragraph 1er is replaced by the following provision:
"Indictees and convicts to whom a probation order has been imposed under Articles 3 and 8 are guided by agents of the Department of Justice Houses Service. »;
2° in paragraph 2, the word " assistants" is replaced by the words "agents, referred to in the preceding paragraph".
Art. 22. In section 11 of the Act, the following amendments are made:
1° Paragraph 2 is replaced as follows:
"The commission shall, within 24 hours, transmit a copy of the judicial decision to the Department of Justice Houses section of the Ministry of Justice of the Borough, which shall designate the officer responsible for monitoring the application of the conditions imposed by the court decision. The identity of the officer is communicated in writing to the Probation Board, which informs the person on probation by registered letter to the position. »;
2° in paragraph 3, the words "probation assistant" are replaced by the words "the agent of the Department of Justice Houses Service".
CHAPTER VI. - Provisions amending the Act of 20 July 1990
on preventive detention
Art. 23. Article 38, § 1erParagraph 1er, from the Act of 20 July 1990 on preventive detention, the words "social services near the courts" are replaced by the words "at the Department of Justice Houses Service".
CHAPTER VII. - Provisions amending 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 1er July 1964
Art. 24. 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 1er July 1964, the following amendments are made:
1° to paragraph 2:
(a) the words "the departments of the Department of Justice that are responsible for it" are replaced by the words "the Department of Justice Houses Service";
(b) the words "the guardian" are replaced by the words "an agent of the Department of Justice House Service";
2° in paragraph 4 the words "the justice assistant" are replaced by the words "the agent of the Department of Justice Houses Service".
Art. 25. The King shall determine the date on which this Act comes into force.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 May 1999.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
___
Note
(1) Regular session 1998-1999.
House of Representatives:
Parliamentary documents 1889.
No. 1. Bill.
No. 2. Amendments.
No. 3. Report.
No. 4. Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Sessions of March 31 and 1er April 1999.
Regular session 1998-1999.
Senate:
Parliamentary documents:
1-1344:
No. 1. Project transmitted by the House of Representatives.
No. 2. Project not mentioned.