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25 JUIN 1998. - Law regulating the criminal liability of ministers (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
TITLE I. - Scope of application
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Brussels Court of Appeal is the only competent authority to judge a minister for offences that he would have committed in the performance of his duties.
For the judgment of a minister during the performance of his duties, for offences that he would have committed outside of the performance of his duties, the appeal courses for the place of the offence, the residence of the accused and the place where the accused was found are also competent.
PART II. - Prosecution and instruction against ministers in the cases referred to in Article 2
CHAPTER I^er. - General provisions
Art. 3. Prosecutions against a Minister may be brought only by the Attorney General near the competent court of appeal. They are exercised under his leadership and authority.
Art. 4. The functions which are in principle within the competence of the investigating judge and the procurator of the King are carried out by the presiding counsel of the competent court of appeal designated for this purpose by the first president of that court, and by the competent attorney general, each with respect to it.
They may conduct and conduct any information or instruction relevant to their respective responsibilities throughout the territory of the Kingdom. They inform the Attorney General of the jurisdiction where the act must be laid. The latter in turn informs the prosecutor of the King of the district where the act must be laid.
Art. 5. In the event that the performance of the duty is terminated during the course of the investigation of offences committed outside the performance of the duties, the instruction shall be immediately resumed by the competent King's Prosecutor and, where appropriate, by the competent investigating judge, in accordance with the requirements of the Code of Criminal Investigation and the laws relating to public action.
Art. 6. The rules on criminal investigation which are not contrary to the forms of conduct prescribed by this Act are also respected.
CHAPTER II. - Specific provisions relating to instruction in cases referred to in Article 2
Art. 7. Apart from the case of a flagrant crime or offence, the measures of constraint for which the warrant of a judge is required, including the warrants to bring, searches, seizures, call searches and telephone calls, as well as bodily explorations, may only be ordered in respect of a minister by a college composed of the councillor referred to in section 4 and two other councillors to the court of appeal designated by the president. The college rules by majority.
CHAPTER III. - Closure of the instruction in the cases referred to in Article 2
Art. 8. Where the counsel referred to in Article 4 considers that the investigation is completed, the counsel shall communicate the procedure and report to the Attorney General. When the latter considers the incomplete instruction, he or she may make additional requests to the counsel referred to in section 4.
Art. 9. Where the Attorney General does not require further investigation, he or she requires the resolution of the proceedings before the board of indictments of the competent court of appeal, provided that the House of Representatives has given the authorization for that purpose.
CHAPTER IV. - Authorization of the House of Representatives for direct summons or requisition for the settlement of proceedings
Section 1. - General provisions
Art. 10. When the Attorney General intends to quote a Minister directly before the Court of Appeal, this direct citation may only be made under the authorization of the House of Representatives.
Art. 11. Where, pursuant to section 9, the Attorney General intends to request the rules of procedure, the authorization of the House of Representatives is required for that purpose.
Section 2. - Procedure
Art. 12. § 1^er. In the case of a request for authorization for direct citation, the Attorney General shall transmit to the House of Representatives a statement of the indices and the indication of their possible qualification. In the case of an application for authorization to requisition for the settlement of the proceedings, the Attorney General shall also transmit to the Chamber a statement of the evidence and the indication of their possible qualification and the indictment.
Without making a decision on the merits of the case, the Board shall verify whether the application is serious.
She may refuse her permission when it turns out:
- that both public action and facts are clearly based primarily on political grounds;
- that the elements provided are irregular, arbitrary or insignificant.
§ 2. The House of Representatives shall deliberate on the request for authorization of the Attorney General in accordance with the provisions of its regulations. The procedure is in camera.
The Board may request the file and hear separately from the Attorney General and the Minister and his counsel within the competent board. In no case may conflict.
§ 3. If the House of Representatives refuses the authorization this decision is final, except in the case of new charges. The House of Representatives may, however, defer its decision and subordinate it to the reasons invoked by it.
Section 3. - Consequences of authorization
Art. 13. The House of Representatives shall communicate its decision to the Attorney General.
When the House of Representatives has given its authorization, the Attorney General shall, as the case may be, make the direct summons of the Minister concerned to the Court of Appeal or require the resolution of the proceedings before the Indictment Chamber.
Art. 14. The statute of limitations of public action is suspended during the proceedings before the House of Representatives until its final decision.
Where the House of Representatives does not give its authorization for direct summons or requisition for the settlement of the proceedings, in the cases referred to in section 2, paragraph 2, the limitation of public action shall be suspended until it is terminated the exercise of the Minister's office.
Art. 15. When it is terminated the performance of the Minister's office after the board has sent indictments, but before the summons to the Court of Appeal, and that it is an offence committed outside the performance of the duties, the Attorney General shall seize the board of indictments, exclusively for the purpose of ascertaining that it has been terminated the exercise of the Minister's office, and that, accordingly,
When the facts giving rise to the dismissal are punishable by criminal penalties, the Indictment Chamber determines whether there are grounds for making a correctional sentence alone. For the prosecution of public action, the Attorney General sends the file to the appropriate member of the Public Prosecutor's Office.
CHAPTER V. - The proceedings before the Trial Chamber
Art. 16. When the board of indictments is of the opinion that the fact is not a crime, an offence, or a contravention or that there is no charge against the accused, it states that there is no need to prosecute.
It may, if necessary, order complementary acts of instruction.
When the board of indictments is of the opinion that there are sufficient charges against the accused, it shall refer him to the competent court of appeal.
PART III. - Arrest and preventive detention in the cases referred to in Article 2
Art. 17. Apart from flagrante delicto, the arrest and pre-trial detention of a minister is only possible under the authorization of the House of Representatives.
Art. 18. When the Minister's arrest or pre-trial detention is necessary, the Attorney General requests authorization from the House of Representatives.
Art. 19. The House of Representatives shall meet as soon as possible and shall rule within five days, on the basis of the report of the counsel referred to in section 4, after hearing the Attorney General, the Minister and his counsel, upon request for authorization for arrest or pre-trial detention. The proceedings shall be held in private and as provided for in the rules of the House of Representatives.
Art. 20. When the House of Representatives has given its authorization, the arrest warrant against the Minister concerned may be issued by the advisor referred to in section 4.
Sections 16 to 20 of the Act of 20 July 1990 on preventive detention apply to the issuance of the arrest warrant, provided that they are consistent with the provisions of this Act.
Art. 21. The Trial Chamber shall decide on the maintenance of pre-trial detention, before the expiry of the five-day period referred to in Article 21, § 1^erthe Act of 20 July 1990 on preventive detention. This chamber will then decide each month on the maintenance of preventive detention.
Sections 21 to 25 and 35 to 38 of the Act are applicable to the maintenance of preventive detention as they are consistent with the provisions of this Act.
PART IV. - Procedure before the Court of Appeal
CHAPTER I^er. - Composition of the seat
Art. 22. § 1^er. The offences referred to in Article 2, paragraph 1, are attributed to the General Assembly of the Brussels Court of Appeal, which consists, for the judgment of ministers, of seven members, appointed according to rank.
It is composed as follows:
- the president, first in rank and part of the French linguistic role, when the minister spoke in French during the swearing-in, or expressed himself first in that language;
- the president, first in rank and part of the Dutch linguistic role, when the minister spoke in Dutch during the swearing-in, or spoke first in that language;
- and, in both cases, the President excepted, three members of the French linguistic role and three members of the Dutch linguistic role.
When ministers, who first expressed themselves, in a different language during the swearing-in, are tried together, the general assembly is presided over by the councillor who, as the first in rank, demonstrated the knowledge of both languages in accordance with section 43quinquies of the Act of June 15, 1935 on the use of languages in judicial matters.
Hearings are the subject of simultaneous translation.
§ 2. The offences referred to in Article 2, paragraph 2, shall be attributed to the General Assembly of the Court of Appeal, which shall consist, for the judgment of ministers, of five members, appointed according to the rank by the first president, who himself presides over the General Assembly.
§ 3. The counsellors who have carried out acts of instruction, who have ordered measures of constraint or who have served in the board of indictments, do not sit in the general assemblies referred to in §§ 1^er and 2.
CHAPTER II. - Procedure at the hearing
Art. 23. The Attorney General is in public proceedings before the Court of Appeal.
Art. 24. The minister concerned appeared on the Attorney General's summons.
Art. 25. The procedure is regulated by the existing procedural provisions applicable to correctional courts, provided that they are not contrary to this Act.
Art. 26. When after the summons, it is terminated the performance of the Minister's office and it is offences committed outside the performance of the duties, the Court of Appeal remains seized of the matter.
PART V. - Application for cassation
Art. 27. The judgments rendered by the Court of Appeal are only subject to appeal to the Court of Cassation, chambers brought together.
In the cases referred to in Article 2, paragraph 1^er, the Court of Cassation, when it cancels the decision, shall, if any, return the case to the Brussels Court of Appeal. In this case, the General Assembly referred to in Article 22, § 1^erwhich has seven other members and is composed according to the rules of the same article 22, § 1^er, knows cause.
In the cases referred to in Article 2, paragraph 2, the Court of Cassation shall, where it cancels the decision, return the case to another court of appeal, as appropriate, in accordance with the rules of common law. In this case, the General Assembly of this Court of Appeal, which has five members and is composed in accordance with the rules referred to in Article 22, § 2, knows the cause.
Art. 28. Section 131, paragraph 3, of the Judicial Code is replaced by the following provision:
"Every appeal against the decisions of the Court of Appeal, taken pursuant to Article 103 of the Constitution, is examined by the chambers brought together. "
PART VI. - Special provisions
Art. 29. The co-authors and accomplices of the offence for which the Minister is prosecuted and the perpetrators of the related offences are prosecuted and tried together with the Minister.
However, the previous paragraph does not apply to perpetrators of political and press offences that are related to the offence for which the Minister is prosecuted.
Art. 30. This Act does not apply to the prosecution and judgment of a Minister for offences that he or she would have committed in the performance of a member of a community or regional government.
Art. 31. This Act comes into force on 1^er July 1998.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 June 1998.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS

(1) Regular session 1997-l998.
House of Representatives.
Parliamentary documents. - Bill No. 1274/1. - Amendments, n^bones 1274/2 to 5. - Opinion of the Council of State, No. 1274/6. - Amendments, n^bones 1274/7 to 9. - Report, no. 1274/10. - Text adopted by the Commission, No. 1274/11. - Amendments, n^bones 1274/12 to 14. - Supplementary report, No. 1274/15. - Article amended by the Commission, No. 1274/16. - Amendment, No. 1274/17. - Supplementary report, No. 1274/18. - Text adopted by the Commission, No. 1274/19. - Text adopted in plenary session, No. 1274/20.
Annales parliamentarians. - Discussion and adoption. Meetings of 19 March and 24 June 1998.