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Amendment To Articles 35 And 47Bis Of The Code Of Criminal Procedure, Article 31 Of The Act Of 12 March 1998 On The Improvement Of The Criminal Proceedings At The Stage Of Information And Education And Articles 3 And 5 Of The Act, D

Original Language Title: Loi portant modification des articles 35 et 47bis du Code d'instruction criminelle, de l'article 31 de la loi du 12 mars 1998 relative à l'amélioration de la procédure pénale au stade de l'information et de l'instruction et des articles 3 et 5 de la loi d

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belgiquelex.be - Carrefour Bank of Legislation

14 JANVIER 1999. - An Act to amend sections 35 and 47bis of the Code of Criminal Investigation, section 31 of the Act of 12 March 1998 on the improvement of criminal proceedings in the stage of information and instruction and articles 3 and 5 of the Act of 15 March 1874 on extraditions (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.
Art. 2
Section 35 of the Code of Criminal Investigation, as amended by the Act of 20 May 1997, is replaced by the following provision:
“Art. 35. - The King's Prosecutor shall take up all that appears to be one of the things referred to in Article 42 of the Criminal Code and all that may be used for the manifestation of the truth; he will ask the accused to explain himself on the seized things that will be represented to him; he shall draw from any record, which shall be signed by the accused, or mention shall be made of his refusal. "
Art. 3
Article 47bis of the Code of Criminal Investigation, inserted by the Act of 4 March 1997 establishing the College of Attorneys General and creating the function of national magistrate, becomes Article 47ter.
Art. 4
In section 31 of the Act of 12 March 1998 on the Improvement of Criminal Procedure in the Information and Training Stage, in the introductory sentence, the words "section 136 is replaced" are replaced by the words "sections 136 and 136bis are replaced".
Art. 5
In section 3 of the Extradition Act of 15 March 1874 the following paragraph is inserted between paragraphs two and three:
"The documents referred to in the first and second paragraphs may be produced by fax in cases where an international convention expressly provides for it and the authentication conditions established by it. "
Art. 6
In section 5 of the Act, amended by the Act of 28 June 1889, the following amendments are made:
A) in paragraph 2, replace the words "three weeks" with the words "40 days";
B) paragraph 3 is repealed.
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 14 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) Regular session 1997-1998.
House of Representatives.
Parliamentary documents. - Bill No. 1605/1. - Amendments, No. 1605/2 and 3.
Regular session 1998-1999.
House of Representatives.
Parliamentary documents. - Amendments, no. 1605/4. - Opinion of the Council of State, no. 1605/5. Amendments No. 1605/6 and 7. - Report, no. 1605/8. - Text adopted by the Commission, No. 1605/9. - Text adopted in plenary and transmitted to the Senate, 1605/10.
Annales parliamentarians. - Discussion and adoption. - Session of 3 December 1998.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1176/1. - Project not mentioned, no. 1-1176/2.