belgiquelex.be - Carrefour Bank of Legislation

4 MAI 1999. - Law establishing criminal liability of legal persons

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - 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. Section 5 of the Criminal Code, repealed by section 2 of the Act of 28 July 1934, is reinstated in the following wording:
“Art. 5. Any legal person is criminally responsible for the offences that are inherently related to the realization of his or her object or to the defence of his or her interests, or those whose concrete facts demonstrate that they have been committed on his or her behalf.
When the liability of the legal person is committed solely because of the intervention of an identified physical person, only the person who committed the most serious fault may be convicted. If the identified physical person has committed knowingly and voluntarily, it may be condemned together with the responsible legal person.
Similar to legal persons:
1° the momentary associations and associations in participation;
2° the companies referred to in section 2, alinea 3, coordinated laws on commercial companies, as well as training commercial companies;
3° civil societies that have not taken the form of a commercial society.
Can not be considered as criminally responsible legal persons for the application of this article: the federal State, the regions, the communities, the provinces, the Brussels agglomeration, the municipalities, the intra-communal territorial bodies, the French Community Commission, the Flemish Community Commission, the Joint Community Commission and the public welfare centres. »
Art. 3. In Article 7 of the same Code, the words " committed by natural persons" are inserted between the words "crimes" and "are".
Art. 4. It is inserted in the same Code an article 7bis, which reads as follows:
"Art. 7bis. The penalties for offences committed by legal persons are:
In criminal, correctional and police matters:
1 the fine;
2° special confiscation; the special confiscation provided for in section 42, 1°, in respect of legal persons of public law, may be limited to civilly seized property;
In criminal and correctional matters:
1° dissolution; the person may not be pronounced in respect of legal persons of public law;
2° the prohibition of carrying out an activity under the social object, with the exception of activities under a public service mission;
3° the closure of one or more establishments, except for establishments where activities are carried out under a public service mission;
4° the publication or dissemination of the decision. »
Art. 5. It is inserted in section V, book I^erChapter II of the same Code a sub-section I^reincluding articles 31 to 34, as follows:
"Subsection I^re - Penalties common to crimes and offences applicable to natural persons »
Art. 6. It is inserted in section V, book I^erChapter II, of the same Code, a sub-section II, comprising sections 35 to 37 bis, as follows:
"Subsection II - Penalties common to crimes and offences applicable to legal persons
Art. 35. Dissolution may be decided by the judge when the legal person has been intentionally created in order to carry out the punishable activities for which he is convicted or where his object has been intentionally diverted in order to carry out such activities
When deciding the dissolution, the judge shall refer the case to the competent court to determine the disposition of the legal person.
Art. 36. The temporary or final prohibition of carrying out an activity under the social object of the legal person may be imposed by the judge in the cases provided for by law.
Art. 37. The temporary or final closure of one or more institutions of the legal person may be pronounced by the judge in the cases provided by law.
Art. 37 bis. The publication or dissemination of the decision at the expense of the convicted person may be pronounced by the judge in cases determined by law. »
Art. 7. It is inserted in section VI, book I^erChapter II of the same Code a sub-section I^re including articles 38 to 41, as follows:
"Subsection I^re. - A fine applicable to natural persons »
Art. 8. It is inserted in section VI, book I^er, Chapter II, of the same Code, a sub-section II comprising an article 41 bis, as follows:
"Sub-section II - The fine applicable to legal persons
Art. 41bis. § 1^er. Fines for offences committed by legal persons are:
In criminal and correctional matters:
- where the law provides for a custodial sentence of life: a fine of two hundred and forty thousand francs to seven hundred and twenty thousand francs;
- where the law provides for the deprivation of liberty and a fine, or only one of these penalties: a minimum fine of five hundred francs multiplied by the number of months corresponding to the minimum of the deprivation of liberty, and without being less than the minimum fine provided for in the act; the maximum is two thousand francs multiplied by the number of months corresponding to the maximum of the deprivation of liberty, and without being less than double the maximum of the fine provided for the fact;
- where the law provides only a fine: the minimum and the maximum are those provided by law for the fact.
Police:
- a fine of 25 francs to two hundred and fifty francs.
§ 2. For the determination of the penalty provided in § 1^erthe provisions of Book I^er are applicable. »
Art. 9. It is inserted in section VI, book I^erChapter II, of the same Code, a sub-section III, comprising sections 42 to 43ter, entitled as follows:
"Subsection III - Special confiscation »
Art. 10. In the same Code, an article 50bis is inserted, which reads as follows:
"Art. 50bis. - No one may be held civilly liable for the payment of a fine to which another person is sentenced, if convicted for the same facts. »
Art. 11. Section 86 of the same Code is supplemented as follows:
"The loss of the legal personality of the convicted legal person does not extinguish the penalty. »
CHAPTER III. - Provisions amending the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure
Art. 12. An article 2bis is included in the preliminary title of the Code of Criminal Procedure:
"Art. 2bis. Where proceedings against a legal person and against the person authorized to represent it are initiated for the same facts or related facts, the court competent to hear public action against the legal person shall, on its own or upon request, appoint an ad hoc agent to represent it. »
Art. 13. Section 20 of the preliminary title of the same Code is replaced by the following provision:
"The public action is extinguished by the death of the indictee or the closure of the liquidation, judicial dissolution or dissolution without liquidation when it is a legal person.
The public action may still be exercised at a later stage, if the liquidation, dissolution or dissolution without liquidation were to be exhausted by the prosecution or if the legal person was charged by the investigating judge in accordance with Article 61bis before the loss of the legal personality.
Civil action can be taken against the accused and his rightful persons. »
CHAPTER IV. - Provisions amending the Code of Criminal Investigation
Art. 14. In sections 23, 24, 62bis and 139 of the Code of Criminal Investigation, the words "that of the head office of the legal person, that of the head office of exploitation of the legal person" are inserted after the words "that of the person's residence".
Art. 15. In section 69 of the same Code, the words "not that of the head office of the legal person, nor that of the operating seat of the legal person" are inserted after the words "not that of the place where it may be found".
Art. 16. In Book I of the same Code, Chapter VII containing section 91, is renumbered in VIIbis containing articles 91 and 91bis, and a new chapter VII containing section 91, read as follows:
Chapter VII - Interim measures with respect to legal persons
Rule 91
When in the course of an investigation, the examining magistrate finds serious evidence of guilt in a legal person, he or she may, if special circumstances require, order the following measures:
(1) the suspension of the procedure for the dissolution or liquidation of the legal person;
2° the prohibition of specific heritage transactions that may result in the insolvency of the legal person;
3° the deposit of a bond which it sets the amount, in order to guarantee respect for the measures it orders.
If the measures referred to in the preceding paragraph relate to immovable property, it shall be carried out in accordance with section 35 bis. »
Art. 17. In the second paragraph of section 152 of the same Code, the words "if he is a natural person and" are inserted after the words "in person".
Art. 18. Article 185, §§ 1^er and 2, of the same Code are replaced by the following:
« § 1^er. The defendant, legal person, the civil party and the civilly responsible party will appear in person or be represented by a lawyer.
§ 2. The defendant, the physical person, will appear in person. He may, however, be represented by a lawyer in cases involving offences that do not lead to a prison sentence on a principal basis, or in proceedings involving an exception, a foreign incident on the merits or civil interests.
The court may always authorize the representation of the defendant who justifies the impossibility of appearing in person. »
Art. 19. Section 600 of the same Code is supplemented by the following paragraph:
"The registry will also contain the corporate name or name of the corporation, its head office, its operating seats and, where applicable, the trade register number. »
Art. 20. Section 601 of the same Code is supplemented by the following paragraphs:
"When the conviction relates to a legal person, the clerks will send an excerpt from these records to the court office where the statutes of the court have been filed.
If the legal person has not filed any statutes in Belgium or if it is a legal entity of public law, that consignment will be made to the court of first instance in Brussels.
CHAPTER V. - Provision amending the Suspension, Suspension and Probation Act of 29 June 1964
Art. 21. In the Suspension, Suspension and Probation Act of 29 June 1964, an article 18bis is inserted as follows:
"Art. 18bis. For the purposes of this Act to legal persons, the levels of punishment shall read as follows:
- Article 3, paragraph 1^er four thousand francs instead of two months, and one hundred and twenty thousand francs instead of five years;
- Article 8, § 1^erParagraph 1^er twenty-four thousand francs instead of twelve months, and one hundred and twenty thousand francs instead of five years;
- Article 8, § 1^er4: twelve thousand francs instead of six months;
- Article 13, § 1^erfive hundred francs instead of one month;
- in Article 13, § 4, paragraph 2: one hundred and twenty thousand francs instead of five years;
- Article 14, § 1^erthousand francs instead of two months.
Promulgate the present law, order whatever is covered by the state seal and published by the Belgian Monitor.
Given in Brussels on 4 May 1999.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Regular session 1998-1999
Senate.
Parliamentary documents. - Bill No. 1-1217/1. - Amendments, No. 1-1217/2 to 5. - Report, no. 1-1217/6. - Text adopted by the commission, no. 1-1217/7. - Amendments, No. 1-1217/8 to 9. - Supplementary report, No. 1-1217/10. - Text adopted by the Commission, No. 1-1217/11. - Text adopted in plenary and transmitted to the House of Representatives, No. 1-1217/12.
Annales parliamentarians. - Discussion and adoption. Meetings of 16 and 18 March 1999.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, No. 2093/1. - Amendments, no. 2093/2 to 4. - Report, no. 2093/5. - Text adopted in plenary and subject to Royal Assent, No. 2093/6.
Annales parliamentarians. - Discussion and adoption. Sessions of 27 and 28 April 1999.