22 DECEMBER 1998. - Law on Vertical Integration of the Public Prosecutor's Office, the Federal Prosecutor's Office and the Crown Prosecutor's Office

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 77 of the Constitution.
Art. 2. Section 137 of the Judicial Code is replaced by the following:
"Art. 137. The Public Prosecutor ' s Office shall perform the duties of its office in the territorial jurisdiction of the court to which it is established or to which the court to which it is established, except where the law otherwise provides. »
Art. 3. In Article 138 of the same Code, a new paragraph, as follows, is inserted between the first and the second paragraphs:
"The exercise of public action, both pending and on appeal, is, except for the exceptions provided by the law provided by the procurator of the territorially competent King. »
Art. 4. The following amendments are made to section 143 of the Code:
1st paragraph, the text of which shall form § 1^er, is supplemented by the words "and a federal prosecutor who is competent for the entire territory of the Kingdom. »;
2° in the second paragraph, the text of which shall form, with the text of the third paragraph, § 2, the word "He" shall be replaced by the words "The Attorney General near the Court of Appeal" and this paragraph shall be supplemented by the words "in the case of privilege of jurisdiction, for the judgment of ministers and in the cases and in the manner determined by law";
3° to § 2, a new paragraph, as follows, is inserted between the first and the second paragraphs:
"The Attorney General shall exercise public action in cases determined by law. »;
4° the article is supplemented by a § 3, written as follows:
“§3. The Federal Prosecutor shall, in the cases and in the manner determined by law, exercise all the functions of the Public Prosecutor in criminal matters near the courts of appeal, the courts of attendance, the courts of first instance and the police courts. »
Art. 5. In section 143bis of the same Code, inserted by the Act of 4 March 1997, the following amendments are made:
1° to § 1^er, second sentence, the text of which will form a second paragraph, the words "General Prosecutors near the Courts of Appeal and all members of the Public Prosecutor's Office placed under their supervision and direction" are replaced by the words "all members of the Public Prosecutor's Office, with the exception of members of the General Auditorate near the Military Court and members of the Military Auditors and those who perform the duties of the Public Prosecutor's Office near the Court of Cassation";
2° § 3 is supplemented by a third paragraph, which reads as follows:
"The Attorney General's College assesses, on the basis of, inter alia, the reports of the Federal Prosecutor and after hearing, the manner in which the Federal Prosecutor implements the Criminal Policy Directives, the manner in which the Federal Prosecutor exercises his powers and the functioning of the Federal Prosecutor. This evaluation will be included in the report referred to in § 7. »
3° § 4 is replaced by the following provision:
"For the execution of his duties, the college is permanently assisted by assisting magistrates, whose number is determined by law.
For the performance of his or her duties, the College may, after the opinion of the head of body concerned, make a temporary appeal to members of the Public Prosecutor's Office, with the exception of those who perform the duties of the Public Prosecutor's Office at the Court of Cassation. »;
§ 5 is supplemented by a fifth paragraph, which reads as follows:
"Unless the college meets under § 3, third paragraph, the federal prosecutor may participate in the college meetings. »
5° in § 8, second paragraph, the words "to the King's prosecutors, the Labour Auditors and the National Magistrates" are replaced by the words "to the Federal Prosecutor, the General Counsel for Criminal Policy and the Secretary General of the Ministry of Justice".
Art. 6. Section 144bis of the same Code, inserted by the Act of 4 March 1997, is replaced by the following provision:
"Art. 144bis. § 1^er. The Federal Prosecutor is responsible for the management of the Federal Prosecutor ' s Office, which is composed of federal judges, whose number is determined by law and who are placed under his immediate supervision. Their missions extend to the entire territory of the Kingdom.
The Federal Prosecutor may delegate his or her powers, in certain cases, temporarily, in whole or in part, and in consultation with the Attorney General or the competent King's Prosecutor, to a member of a General Prosecutor's Office, a General Labour Auditor or a Prosecutor's Office of the King, who exercises them from his or her office.
The Minister of Justice may also, on the proposal of the Federal Prosecutor, and in consultation with the Attorney General or the competent King's Prosecutor to delegate a member of a General Prosecutor, a General Labour Auditor or a Crown Prosecutor's Office to temporarily perform the functions of the Public Prosecutor's Office in the Federal Public Prosecutor's Office as part of specific cases.
In these cases, the judges referred to in the second and third preambular paragraphs shall exercise their functions under the immediate direction and supervision of the Federal Prosecutor.
§ 2. Without prejudice to Article 143, § 3, the Federal Prosecutor shall be responsible for the following tasks, in the cases and in the manner determined by law:
1st public action;
2° ensure the coordination of the exercise of public action;
3° facilitating international cooperation;
4° monitor the general and particular functioning of the federal police, as provided for in the law organizing an integrated police service, structured at two levels.
§ 3. Without prejudice to section 44/7 of the Police Service Act, one or more members of the Federal Prosecutor may be responsible for the execution of one or more of the missions provided for in § 2, 3 and 4°, by the Minister of Justice, after the advice of the Federal Prosecutor, and for the execution of one or more of the missions provided for in § 2, 1° and 2°, by the Federal Prosecutor. »
Art. 7. Section 146 of the same Code is replaced by the following provision:
"Art. 146. Without prejudice to section 143ter of this Code or other legal provisions, Attorneys General preside over the appeals courses shall ensure in their jurisdiction and in the manner determined by law:
1° to coherent implementation and coordination under their leadership of criminal policy;
2° to the conduct of a permanent audit of first instance prosecutors;
3° to ensure the support of first instance prosecutors;
4° in search of total quality. »
Art. 8. Section 147 of the same Code is repealed.
Art. 9. Section 148 of the same Code is replaced by the following provision:
"Art. 148. The Federal Prosecutor shall, under the authority of the Minister of Justice, supervise all judicial police officers when carrying out missions in accordance with Article 144bis, §§ 1^er and 2.
In other cases, under the authority of the Minister of Justice, the Attorney General shall exercise supervision over all judicial police officers and public and departmental officers within their jurisdiction. »
Art. 10. Section 149 of the same Code is repealed.
Art. 11. The second paragraph of section 150 of the Code is replaced by the following provisions:
"He shall, without prejudice to sections 143, 144bis and 146, under the authority of the Minister of Justice, perform the duties of the Public Prosecutor's Office at the District Court, near the Court of First Instance, near the Court of Commerce, near the Labour Court and near the Courts of Police of the Borough, and pursuant to section 138, paragraph 2, pres the Court of Appeal.
Without prejudice to sections 143, 144bis and 146, the prosecutor of the King of the Borough in which the judicial investigation took place, shall, under the authority of the Minister of Justice, exercise the functions of the public ministry near the court of siege.
It may delegate its authority to exercise the functions of the Public Prosecutor's Office in criminal matters near the Court of First Instance and preside over the Court of Police of the Borough, near the Court of Assault and, by application of Article 138, second paragraph, near the Court of Appeal, to a member of the Attorney General's Office, or the Auditor General of Labour. The latter is designated by the Attorney General, in consultation with the Crown Prosecutor. »
Art. 12. In the same Code, an article 150bis is inserted, as follows:
"Art. 150bis. The King's attorneys together form a council called the King's attorneys' council. The federal prosecutor can attend board meetings.
The Crown Prosecutors' Council is responsible for giving advice, initiative or at its request to the Attorney General's College on the uniform harmonization and application of the provisions and any matters related to the public prosecutor's missions.
The board shall designate, at each time for the duration of a judicial year, a president, and a vice-president from another language regime, who shall replace the president in the event of absence or incapacity.
The King approves the rules of procedure of the King's counsel, on the proposal of the council and after notice of the General Prosecutors' College.
The board meets, on initiative or at the request of the Attorney General's College, and at least once a quarter.
The agenda and reports of meetings and notices are forwarded to the Minister of Justice, the Attorney General's College, the Federal Prosecutor and Council members. »
Art. 13. Section 152 of the Code is replaced by the following provisions:
"Art. 152. There is a section within each prosecutor's office, called the auditorate, in charge of economic, financial and social matters, in which one or more substitutes and first substitutes are appointed, the number of which is determined by the provisions of the annex to this Code.
However, there may be a single auditorate for several districts. In the latter case, the members of the auditory are placed under the supervision and immediate direction of the prosecutor of the King of the district in which they exercise their functions.
The King designates among the members of the auditorium, a first substitute, as its chief. He's wearing the auditor's title.
Only members of the auditorate, under the supervision and direction of the King's Prosecutor, perform the functions of the Public Prosecutor's Office in the Labour Courts and in the Commercial Courts.
Without prejudice to section 155, the King's Attorney, as part of the regulations of the Public Prosecutor's Office, may only affect the members of the auditory to other tasks by a written and motivated decision after consultation with the auditor. »
Art. 14. Section 153 of the same Code is repealed.
Art. 15. Section 154 of the same Code is repealed.
Art. 16. Section 155 of the same Code is replaced by the following provision:
"Art. 155. Without prejudice to the competence of the federal prosecutor and the Attorney General, the public action of the head of an offence to the laws and regulations in one of the matters that are within the jurisdiction of the labour courts or tribunals of commerce, as well as in tax matters, is exercised primarily before the police courts, before the courts of first instance, and with the exception provided by law, in the courts of appeal, by the members of the auditorate. The King's Prosecutor, as part of the regulations of the Public Prosecutor's Office, can only entrust these tasks to other members of the Public Prosecutor's Office through a written and motivated decision, after consultation with the auditor. »
Art. 17. In the second paragraph of section 185 of the same Code, inserted by the Act of 15 July 1970 and amended by the Act of 17 February 1997 and by the Act of 4 March 1997, the words "national magistrates" are replaced by the words "federal prosecutor".
Art. 18. In section 186 of the same Code, as amended by the Act of 7 July 1969, by the Act of 11 July 1994 and by the Act of 4 March 1997, the following amendments are made:
1° in the French text of the fourth paragraph, the words "special law" are replaced by the words "special law";
2° in the last paragraph, the words "national magistrates" are replaced by the words "federal prosecutor".
Art. 19. In article 326 of the same Code, a new paragraph, as follows, is inserted between the second and third paragraphs:
"The Attorney General near the Court of Appeal may, in his jurisdiction, designate one or more judges of the Attorney General's Office, the Auditor General of Labour or, in consultation with the Crown Prosecutor, the Crown Prosecutor's Office, to whom the Federal Prosecutor or the Minister of Justice, may make a priority appeal under Article 144bis, § 1^ersecond and third paragraphs of this Code. »
Art. 20. In section 327ter of the same Code, inserted by the Act of 4 March 1997, the words "and 327bis, paragraph 4," are deleted and the word "nationals" is replaced by the word "federals".
Art. 21. Section 355bis of the same Code, inserted by the Act of 4 March 1997, is replaced by the following provision:
"Art. 355bis. The treatment of the federal prosecutor is the same as that for the general prosecutors near the appeal courses.
The treatment of federal magistrates and magistrates of assistance is the same as that for general lawyers near the courts of appeal and the courses of work. »
Art. 22. Section 460 of the same Code, as amended by the Act of 4 March 1997, is replaced by the following provision:
"Art. 400. Without prejudice to the application of sections 143bis and 143ter, the Minister of Justice exercises his supervision over all officers of the Public Prosecutor's Office, the Attorney General at the Court of Cassation on the Federal Prosecutor and the Attorney General at the Courts of Appeal, the Federal Prosecutor on the Federal Magistrates, the President of the General Prosecutor's College on the Magistrates of Assistance and the Attorney General on the members of the Attorney General's General, »
Art. 23. Section 414 of the same Code is replaced by the following provisions:
"Art. 414. The Attorney General near the Court of Appeal and the Federal Prosecutor may apply to the public prosecutors who are subordinate to them the penalties of warning, simple censorship and reprimand censorship.
The Attorney General at the Court of Cassation has the same powers with respect to the Attorney General at the Court, the Attorney General at the Court of Appeal and the Federal Prosecutor.
The Minister of Justice may also notify and censor all officers of the Public Prosecutor's Office or propose to the King their suspension or revocation. "
Art. 24. Section 9 of the Criminal Code, amended by the Act of 10 July 1967, by the Act of 10 October 1967 and by the Act of 11 February 1986, and supplemented by the Act of 3 August 1992 and by the Act of 4 March 1997, is replaced by the following provision:
“Art. 9. The judicial police shall be exercised, under the authority of the appeals courts and, within the framework of their competence, under the authority of the federal prosecutor and in accordance with the following distinctions:
1° by the special field guards and by the forest guards, by the bourgmestres and the chevins, by the king's prosecutors and their substitutes, by the judges in the police court and by the members of the federal police and the local police in the capacity of judicial police officers;
2° by the Federal Prosecutor and, under his authority, by the Federal Magistrates and the members of the General Prosecutors and the General Labour Auditors in the context of the missions entrusted to them in accordance with Article 144bis, § 1^ersecond and third paragraphs. »
Art. 25. The title of chapter IVbis of the same Code is replaced by the following:
"Chapter IVbis. - Federal prosecutor. »
Art. 26. Section 47ter of the same Code, inserted by the Act of 4 March 1997 and renumbered by the Act of 14 January 1999, is replaced by the following provision:
"Art. 47ter. In the exercise of its powers, the federal prosecutor has all the powers that the law confers on the Crown Prosecutor. Within the framework of these, it may carry out or conduct any information or instruction relevant to its powers throughout the territory of the Kingdom, as well as public action. »
Art. 27. Paragraph 1 of section 279 of the same Code is replaced by the following paragraph:
"All judicial police officers are subject to the supervision, according to the distinction established by law, of the Attorney General near the Court of Appeal or the Federal Prosecutor. »
Art. 28. Article 43, § 4, of the Law of 15 June 1935 concerning the use of languages in judicial matters, as amended by the Law of 10 October 1967, is supplemented by a second and a third paragraphs, which read as follows:
"In addition, the successive presidents of the Court of First Instance, the Commercial Court, the Labour Court, and the successive King's prosecutors must, according to their degree, belong to a different language regime.
Without prejudice to the provisions of the preceding paragraph, the President of the Court of First Instance and the Crown Prosecutor shall, as a transitional measure, if any, at the time of their first designation referred to in Article 100, § 1^er, paragraph 1 of the Act of 22 December 1998 amending certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of judges and establishing a system of assessment for judges, to belong, according to their degree, to a different language regime. »
Art. 29. The first and second paragraphs of Article 43 bis, § 4, of the same Act, as amended by the Act of 23 September 1985 and the Act of 4 March 1997, are replaced by the following provisions:
"No one can be appointed Attorney General at the Brussels Court of Appeal or Federal Prosecutor if he does not justify knowledge of the French language and the Dutch language. The Act sets out the rules that apply to federal judges with respect to the use of languages in judicial matters, their degree and language requirements.
In addition, successive general prosecutors near the Brussels Court of Appeal, the first successive presidents near the same court and successive federal prosecutors must belong, according to their degree, to a different language regime.
Members of the General Prosecutors ' College and the Federal Prosecutor must have a total of equal numbers of judges who justify their degree in law, respectively in the French language and in the Dutch language.
Without prejudice to the provisions referred to in the preceding paragraphs, the Attorney General near the Court of Appeal of Brussels and the first president near the Court shall, as a transitional measure, if any, at the time of their first designation referred to in Article 100, § 1^er, paragraph 1 of the Act of 22 December 1998 amending certain provisions of the second part of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of judges and establishing a system of evaluation for judges, to belong, according to their degree, to a different language regime. »
Art. 30. Section 43ter, § 3, of the same Act, as amended by the Act of 23 September 1985, is supplemented by a third and fourth paragraphs, which read as follows:
"In addition, the first successive presidents of the Brussels labour court must belong, according to their degree, to a different language regime.
Without prejudice to the provisions of the preceding paragraph, the first president of the Brussels Labour Court and the president of the Brussels Labour Court shall, as a transitional measure, if any, during their first designation referred to in Article 100, § 1^er, paragraph 1 of the Act of 22 December 1998 amending certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of judges and establishing a system of assessment for judges, to belong, according to their degree, to a different language regime. »
Art. 31. The second paragraph of section 43quater of the Act, inserted by the Act of 10 October 1967 and amended by the Act of 3 January 1980, by the Act of 23 September 1985 and by the Act of 6 May 1997, is replaced by the following provisions:
"The first president and the Attorney General must, according to their degree, belong to a different language regime.
The first successive presidents and attorneys general must, according to their degree, belong to a different language regime. »
Transitional provision
Art. 32. The designation of the first federal prosecutor shall be deemed to take place on the first day of the fourth month following the first publication to the Belgian Monitor of the Member State of the Supreme Council of Justice.
Art. 33. The King, by order deliberately in the Council of Ministers, sets the date of the coming into force of this Act.
Promulgate this Act, order it to be sealed by the State and published by the Belgian Monitor.
Given in Brussels on 22 December 1998.
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:
Senate.
Parliamentary documents. - Bill, 1-1066, No. 1. - Opinion of the State Council, 1-1066, No. 2. - Amendments, 1-1066, No. 3.
Session 1998-1999:
Parliamentary documents. - Amendments, 1-1066, n^bones 4 and 5. - Report made on behalf of the justice commission by Mr. Bourgeois and Mr. Desmedt, 1-1066, No. 6. - Annexes to the report made on behalf of the Commission of Justice by Mr. Bourgeois and Mr. Desmedt, 1-1066, No. 7. - Text adopted by the Justice Commission, 1-1066, No. 8.
Annales parliamentarians. - Discussion and adoption. Meeting of 26 November 1998.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, 1851, No. 1. - Report, 1851, number 2. - Text adopted by the House of Representatives, 1851, No. 3.
Annales parliamentarians. - Discussion and adoption. Meetings of 16 and 17 December 1998.