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19 AVRIL 1999. - An Act to amend the Code of Criminal Instruction, the Rural Code, the Provincial Law, the new communal law, the Law on Police Function, the Law of 10 April 1990 on Custodial Companies, on Security Companies and on Internal Guarding Services, the Law on River Fishing, the Law on Hunting and the Law of 7 December 1998 organizing an integrated police service, structured at two levels (1)

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. - Amendments to the Code of Criminal Investigation
Art. 2. In article 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, the words "by the Bourgmestres and the Echevins" are deleted.
Art. 3. Article 16, paragraph 3, of the Code of Criminal Investigation, amended by the Acts of 10 October 1967 and 11 February 1986 and by the Royal Decree of 5 August 1991, is replaced by the following provision:
"They shall follow the things taken away, in the places where they have been transported, and shall put them in receiver; However, they will not be able to enter the houses, workshops, buildings, adjacent courses and enclosures if it is not in the presence of a police officer dressed in the capacity of an auxiliary judicial police officer of the Crown Prosecutor; the report to be prepared shall be signed by the one in the presence of which it has been made."
Art. 4. In Article 18 of the same Code, as amended by the Act of 15 December 1928, the words "the time limit set by Article 15" are replaced by the words "within three days, including the one where they recognized the fact on which they proceeded".
Art. 5. In Article 20 of the same Code, as amended by the Law of 11 February 1986, the words "the time limit set by Article 15" are replaced by the words "within three days, including that where they recognized the fact on which they proceeded".
Art. 6. In articles 28ter, § 3, paragraph 1^erand 56, § 2, paragraph 1^er, of the same Code, inserted by the law of 12 March 1998, the words "police services" are replaced by the words "police services referred to in section 2 of the Police Service Act and all other judicial police officers".
Art. 7. In article 343 of the same Code, amended by the laws of 14 July 1931 and 10 October 1967, the words "of the gendarmerie" are replaced by the words "of the police service concerned".
CHAPTER III. - Amendments to the Rural Code
Art. 8. Article 61, paragraph 1^er of the Rural Code, replaced by the law of January 30, 1924 and amended by the law of February 11, 1986, the word "guards" is replaced by the words "field guards" and the words "rural communities" are replaced by the word "communes".
Art. 9. In section 63 of the same Code, replaced by the Act of 30 January 1924 and amended by the Act of 11 February 1986, the following amendments are made:
(a) paragraph 1^er is replaced by the following provision:
"They can only take office after letting the following oath before the justice of the peace of the canton of their residence: "I swear fidelity to the King, obedience to the Constitution and the laws of the Belgian people."
(b) in paragraph 3, the word "fields" is inserted between the words "guardians" and the word "individuals".
Art. 10. Section 64 of the Code, repealed by the Act of 11 February 1986, is reinstated in the following wording:
"Art. 64. - The King sets out the terms for designation, training, uniform, insignia, legitimization card, weapons, age conditions, incompatibility and the nationality of the particular country guards. ".
Art. 11. In section 67, paragraph 1^er, from the same Code, amended by the laws of 11 February 1986 and 7 December 1998, the words ", concurrently with the gendarmerie," are deleted.
Art. 12. In article 68 of the same Code, as amended by the law of 11 February 1986, the words "of the justice of the peace, either of the mayor or of his delegate, or" are deleted.
Art. 13. Section 71 of the Code, replaced by the Act of 11 February 1986, is replaced by the following provision:
"Art. 71. - In cases where their means are insufficient, the special field guards have the right to seek the assistance of local police officers for the suppression of offences and offences in rural and forest matters, as well as for the search and seizure of the goods of the ground stolen or cut into crime, sold or purchased in fraud. ".
Art. 14. In article 76 of the same Code, as amended by the Act of 11 February 1986, the words "The Field Guards" are replaced by the words "Special Field Guards".
Art. 15. In article 84 of the same Code, amended by the law of 11 February 1986, the words "the members of the municipal police" are replaced by the words "local police officers".
CHAPTER IV. - Amendments to Provincial Law
Art. 16. In section 134 of the provincial law, re-established by the law of December 7, 1998, the words "government of the province" and "provincial governor" are replaced by the word "government".
Art. 17. In section 135 of the same law, the word "They" is replaced by the words "The borough commissioners".
CHAPTER V. - Amendments to the new communal law
Art. 18. Section 71, 7°, of the new communal law, is replaced by the following provision:
7° police officers and law enforcement officers; ".
Art. 19. In article 123, 10°, of the same law, the word "communal" is replaced by the word "local".
Art. 20. In article 265, § 2, last paragraph, and § 3, last paragraph, of the same law, as amended by the law of 7 December 1998, the words ", to the police council or to the police college" are inserted after the word "common".
Art. 21. In section 266, paragraph 1^er, of the same law, the words ", the police council or the police college" are inserted between the words "communal" and "delayed".
CHAPTER VI. - Amendments to the Police Service Act of 5 August 1992
Art. 22. In articles 16, paragraph 1^er, and 22, paragraph 2, of the law of 5 August 1992 on the police function, as amended by the law of 7 December 1998, the word "loaded" is replaced by the word "loaded".
Art. 23. In section 18, paragraph 1^er, of the same law, amended by the law of 7 December 1998, the word "They" is replaced by the word "They".
Art. 24. In section 25, paragraph 2, of the Act, as amended by the Act of 7 December 1998, the word "confided" is replaced by the word "confired".
Art. 25. In article 28, § 4, of the same law, as amended by the law of December 7, 1998, the words "may", "their" and "that they determine" are replaced by the words "may", "ses" and "that it determines".
CHAPTER VII. - Amendments to the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services
Art. 26. In section 21 of the Act of 10 April 1990 on custodial enterprises, security companies and internal security services, replaced by the Act of 18 July 1997, the word "guards" is replaced by the words "field guards".
CHAPTER VIII. - Amendments to Act of 1^er July 1954 on River Fishing
Art. 27. Article 32 of the law of 1^er July 1954, as amended by the Act of 11 July 1994, the following amendments are made:
(a) in paragraph 1^er, the words "field guards" are replaced by the words "police officers" and the words "by the gendarmes" are deleted;
(b) in paragraph 2, the words "of gendarmes" are replaced by the words "of police officers";
(c) in paragraph 3, the words "and field guards" are deleted.
CHAPTER IX. - Amendments to the Act of 28 February 1882 on hunting
Art. 28. In article 24, paragraph 1^er, from the law of February 28, 1882 on hunting, as amended by the law of February 11, 1986, the words "sworn guards of individuals" are replaced by the words "field guards".
Art. 29. In article 24, paragraph 1^er, of the same law, as amended by the law of 11 February 1986, the words "bourgmestres et échevins, members of the municipal police coated with the quality of judicial police officer, gendarmes" are replaced by the words "police officers coated with the quality of judicial police officer".
CHAPTER X. - Amendment of the law of 7 December 1998 organizing an integrated police service, structured at two levels
Art. 30. In Article 89, paragraph 2, of the Law of 7 December 1998 organizing an integrated police service, structured at two levels, the word "communal" is deleted.
CHAPTER XI. - Final provisions
Art. 31. Section 2 comes into force on the same day as section 213 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Sections 4, 5 and 7 come into force on the same day as section 214 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels.
Sections 3 and 12 come into force on the same day as section 215 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Sections 8, 9, 11, 13 to 15 and 26 to 29 come into force on the same day as section 230 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Sections 16 and 17 come into force on the same day as section 229 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Sections 18 to 21 come into force on the same day as section 207 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Sections 22, 23, 24 and 25 come into force on the same day as sections 169, 174, 179 and 182 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Section 30 comes into force on the same day as section 89 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 April 1999.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
The Minister of the Interior,
L. VAN DEN BOSSCHE
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
House of Representatives.
Parliamentary documents. - Bill No. 1979/1. - Amendments, no. 1979/2. - Report, no. 1979/3. - Text adopted by the commission, no. 1979/4. - Amendments, no. 1979/5. - Supplementary report, no. 1979/6. - Text adopted by the commission, no. 1979/7. - Text adopted in plenary and transmitted to the Senate, No. 1979/8.
Annales parliamentarians. - Discussion and adoption. Sessions of 2 and 4 March 1999.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1304/1. - Project not referred to by the Senate, No. 1-1304/2.