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10 JANVIER 1999. - Law on Criminal Organizations

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2
The title of Chapter I^erTitle VI, Book II, of the Criminal Code is replaced as follows:
“Chapter I^er. - From the association formed with the aim of waiting for people or properties and criminal organization. »
Art. 3
It is inserted between articles 324 and 325 of the same Code of Articles 324bis and 324ter, as follows:
"Art. 324bis. - Constitutes a criminal organization the structured association of more than two persons, established in time, in order to commit in a concerted manner crimes and offences punishable by imprisonment of three years or a more serious penalty, to obtain, directly or indirectly, partrimonial benefits, by using intimidation, threat, violence, fraudulent manoeuvres or corruption or by using other structures
An organization whose real purpose is exclusively political, trade union, philanthropic, philosophical or religious or that pursues exclusively any other legitimate purpose cannot, as such, be considered a criminal organization within the meaning of paragraph 1^er.
Art. 324ter. § 1^er. Any person who knowingly and voluntarily forms part of a criminal organization shall be punished by imprisonment from one year to three years and a fine of one hundred francs to five thousand francs, or by one of those penalties only, even if he or she does not intend to commit an offence within the framework of that organization or to associate himself in any manner provided for in sections 66 and below.
§ 2. Any person who participates in the preparation or realization of any lawful activity of this criminal organization, while knowing that his or her participation contributes to the objectives of the organization, as provided for in Article 324bis, is liable to imprisonment for one year to three years and to a fine of one hundred francs to five thousand francs or only one of these penalties.
§ 3. Any person who participates in any decision-making within the framework of the activities of the criminal organization, while knowing that his or her participation contributes to the objectives of the criminal organization, as provided for in Article 324bis, is liable to imprisonment from five years to ten years and to a fine of five hundred francs to one hundred thousand francs or one of these penalties only.
§ 4. Any officer of the criminal organization shall be punished by imprisonment from ten years to fifteen years and a fine of one thousand francs to two hundred thousand francs or one of those penalties only. "
Art. 4
In section 325 of the same Code, the words "and 324" are replaced by the words ", 324 and 324ter".
Art. 5
In article 90ter, § 2, of the Code of Criminal Investigation, inserted by the law of 30 June 1994 and amended by the laws of 7 and 13 April 1995, a 1°bis is inserted, as follows:
« 1°bis to articles 324bis and 324ter of the same Code; "
Art. 6
Article 1^er, § 2, 2°, (b), of the Act of 3 January 1933 concerning the manufacture, trade and port of arms and the trade of ammunition, is replaced by the following text:
“(b) articles 101 to 135quinquies, 193 to 214, 233 to 236, 269 to 274, 313, 322 to 331, 336, 337, 347 bis, 392 to 415, 423 to 442, 461 to 488, 510 to 518 and 520 to 525 of the Criminal Code. "
Art. 7
Article 1^er of the Royal Decree No. 22 of 24 October 1934 on the prohibition of judicial proceedings against certain convicts and bankrupts to perform certain functions, occupations or activities, as amended by the laws of 4 August 1978, 15 July 1985, 4 December 1990, 6 April 1995, 8 August 1997, and 2 June 1998, is added a littera (j), as follows:
“(j) offences under articles 324bis and 324ter of the Criminal Code; "
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 10 January 1999.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1997-1998.
House of Representatives.
Parliamentary documents:
954-96/97:
Number 1: Bill.
N 2 to 5: Amendments.
Number 6: Report.
No. 7: Text adopted by the Justice Commission.
No. 8: Amendments.
No. 9: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Sessions of 4 and 5 June 1997.
Senate.
Parliamentary documents.
1-6662-1996/1997:
No. 1: Project transmitted by the House of Representatives.
1-662-1997/1998:
N 2 in 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the Justice Commission.
No. 6: Text amended by the Senate and referred to the House of Representatives.
1-82/20, 25 in 34: Decisions of the Parliamentary Committee for Consultation.
Annales parliamentarians. - Discussion and adoption. Meetings of 31 March and 2 April 1998.
House of Representatives.
Parliamentary documents
954-96/97:
No. 10: Draft amended by the Senate.
N 11-16: Amendments.
Number 17: Report.
N° 18: Text adopted by the Justice Commission.
N 19-21: Amendments.
No. 22: Supplementary report.
No. 23: Text adopted by the Justice Commission.
No. 24: Opinion of the State Council.
N 25 and 26: Amendments.
No. 27: Supplementary report.
No. 28: Text adopted by the Justice Commission.
N 29 and 30: Amendments.
No. 31: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Meetings of 8, 9, 16 July and 3 December 1998.
Senate.
Parliamentary documents.
1-662-1998/1999:
No. 7: Project reworked by the House of Representatives.
Number 8: Report.
No. 9: Text adopted by the Justice Commission.
No. 10: Decision to join the draft revised by the House of Representatives.
Annales parliamentarians. - Discussion and adoption. Meetings of 16 and 17 December 1998.