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Act Amending The Preliminary Title Of The Code Of Criminal Procedure, With Regard To The Requirement Of Public Action (1)

Original Language Title: Loi modifiant le titre préliminaire du Code de procédure pénale, en ce qui concerne la prescription de l'action publique (1)

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belgiquelex.be - Carrefour Bank of Legislation

11 DECEMBER 1998. - An Act to amend the preliminary title of the Code of Criminal Procedure with respect to the limitation of public action (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. Article 22, paragraph 1er, from the preliminary title of the Code of Criminal Procedure, replaced by the Act of 30 May 1961, the words "within the period determined by the preceding article" are replaced by the words "within the period determined by section 21".
Art. 3. Section 24 of the same preliminary title, replaced by the Act of 30 May 1961 and amended by the Act of 12 March 1998, is replaced by the following provision:
"The limitation of public action is suspended in respect of all parties:
1° from the day of the hearing in which the public action is brought before the court of judgment in accordance with the terms laid down by law.
However, the statute of limitations repeats:
- from the day on which the court of judgment decides, on its own motion or at the request of the public prosecutor, to postpone the examination of the case for an indefinite period until such time as the court of judgment resumes the examination;
- from the day on which the trial court decides, on its own motion or at the request of the Public Prosecutor's Office, to defer consideration of the case with a view to the completion of additional indictments relating to the indictment, until such time as the trial court resumes its review;
- from the declaration of appeal, referred to in section 203, or from the notice of appeal, referred to in section 205, until the day on which the appeal is filed, in accordance with the terms laid down by law, before the court of appeal, if the appeal of the judgment on public action is made solely by the public prosecutor;
- on the expiry of a period of one year, beginning on the day of the hearing in which, as the case may be, the public action is brought before the court of first instance or before the court of judgment in the degree of appeal or in the course of which the latter court decides to rule on public action, until the day of the judgment of the court of judgment deemed to be ruling on public action;
2° in cases of referral for the decision of a preliminary matter;
3° in the case provided for in article 447, paragraph 3, of the Criminal Code;
4° during the treatment of an exception of incompetence, inadmissibility or invalidity raised before the court of judgment by the accused, by the civil party or by the civilly responsible person. If the jurisdiction declares the justified exception or the decision on the exception is attached to the merits, the limitation is not suspended. "
Art. 4. This Act comes into force on the day of its publication in the Belgian Monitor.
Given in Brussels on 11 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.
House of Representatives:
Parliamentary documents:
1387 - 1997-1998.
N° 1: Proposal by Mr. Geert Bourgeois.
No. 2-5: Amendments.
Number 6: Report.
No. 7: Text adopted by the Commission.
No. 8: Amendments.
No. 9: Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion and adoption. Session of 3 December 1998.
Senate.
Parliamentary documents.
1-1166 - 1977-1998:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary session.
Annales parliamentarians. - Discussion and adoption. Meetings on 9 and 10 December 1998.