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Act To Amend The Judicial Code And The Code Of Criminal Procedure With Regard To The Procedure In Divestiture (1)

Original Language Title: Loi modifiant le Code judiciaire et le Code d'instruction criminelle en ce qui concerne la procédure en dessaisissement (1)

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belgiquelex.be - Carrefour Bank of Legislation

12 MARCH 1998. An Act to amend the Judicial Code and the Criminal Code with respect to the divestiture proceedings (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Provisions amending the Judicial Code
Art. 2. In section 649 of the Judicial Code, the following amendments are made:
1° to paragraph 1°, the words "amongst the social or consular judges of the court or of the counsellors to the court of appeal or social advisers to the court of work" are replaced by the words "amongst the judges in the court of first instance, or judges in the labour court or social judges, or judges of the court of commerce or consular judges or among counsellors in the court of appeal or counsellors in the court of work"
2° in paragraph 1, 2°, the words "the other part" are replaced by the words "a part".
Art. 3. In article 653 of the same Code, the words "by a lawyer" are added between the term "signed", and the term ", filed".
Art. 4. Section 656 of the same Code is replaced as follows:
"Art. 656. On the basis of the application and supporting documents, the Court of Cassation shall rule immediately and definitively when the complaint is manifestly inadmissible.
When the request is not injuriously inadmissible, the Court shall order as soon as possible and no later than eight days:
1° the communication of the order, the request and the documents annexed thereto, according to the court whose divestiture is requested, to the first president, the president or the judge holding the justice of the peace or the police court, to make, within a time limit fixed by the Court and in consultation with the members of the court, a declaration at the bottom of the shipment of the order;
2° the communication of the decision, the request and the documents referred to in the appeal to the non-request parties and the communication of the time limit for the filing of their findings to the Registry and the date of appearance before the Court; this appearance takes place within two months of the filing of the requisition;
3° the communication of the judgment, the application and the documents annexed to the Public Prosecutor's Office to the jurisdiction whose divestiture is requested and the communication of the time limit in which the notice must be filed, if the Court considers it necessary;
4° the report, to date indicated, by one of the advisors appointed by the order.
By derogation from section 478, the conclusions are signed by a lawyer. The findings and, where appropriate, the notice of the Public Prosecutor's Office shall be communicated to the parties no later than the day of filing at the Registry.
The Registrar of the Court shall, by judicial fold, address to the judge referred to in paragraph 2, 1°, each of the parties, or, where appropriate, their lawyers, an unsigned copy of the final decision on the application for divestiture. »
Art. 5. Sections 655 and 657 of the Code are repealed.
Art. 6. Article 658 of the same Code is supplemented by a fourth paragraph reading:
"The Court may also: in addition, cancel the acts made prior to the pronunciation of the decision by the judges of the Court. »
Art. 7. Article 838 of the same Code, paragraph 1er and 2 are replaced by the following:
"In the three days of the judge's reply, who refuses to abstain, or fails to respond within that time, the notice of recusal and the judge's statement, if any, shall be sent by the clerk to the King's prosecutor if it is a justice of the peace or a judge of the police court, to the Attorney General near the Court of Appeal, if it is a member of the court of work; to the Attorney General near the Court of Cassation, whether it is a member of the Court of Appeal or the Court of Labour, or whether it is a member of the Court of Cassation.
The objection shall be tried within eight days of the last resort by the court of first instance, by the court of appeal, by the court of work or by the Court of Cassation, as the case may be, on the findings of the public minisra, having been duly convened to be heard in their submissions. »
Art. 8. Sections 842 to 847 of the same Code are repealed.
CHAPTER III
Provisions amending the Code of Criminal Investigation
Art. 9. Article 542, paragraph 1er, from the Code of Criminal Investigation, the words "of an investigating judge to another instruction judge" are deleted.
Art. 10. Section 545 of the same Code is replaced as follows:
"Art. 545. On the basis of the application and supporting documents, the Chamber of the Court of Cassation, which is familiar with criminal, correctional or police proceedings, shall immediately and definitively decide when the complaint is manifestly inadmissible.
When the complaint is not manifestly inadmissible, the Court of Cassation orders, as soon as possible and no later than eight days:
1° the communication of the order, the request and the documents annexed thereto, according to the jurisdiction against which the application for referral is filed, to the first president, the president or the judge holding the police court, to make, within the time limit set and in consultation with the members of the court, a declaration at the bottom of the shipment of the order;
2° the communication of the decision, the request and the documents annexed to it to the non-appealing parties and the provision of the deadline for filing their findings to the Registry and the date of appearance before the Court; this appearance shall take place no later than two months from the filing of the request;
3° the communication of the decision, the application and the documents annexed to the Public Prosecutor's Office to the jurisdiction against which the application for referral is filed and the communication of the time limit for filing its notice, if the Court of Cassation considers it necessary;
4° the report, to date indicated, by one of the advisors appointed by the order.
The findings and, where appropriate, the notice of the Public Prosecutor's Office shall be communicated to the parties no later than the day of filing at the Registry. »
Art. 11. Section 547 of the same Code is replaced by the following provision:
"Art. 547. The Court of Cassation will make the necessary preparatory arrangements. »
Art. 12. Section 548 of the same Code is replaced by the following provision:
"Art. 548. The Registrar of the Court of Cassation shall, by registered letter, address to the judge referred to in 545, paragraph 2, 1°, to the appellant and non-appealing parties referred to in 545, or, where appropriate, to their lawyers, an unsigned copy of the final decision on the application for reference. »
Art. 13. Section 551 of the same Code is replaced by the following provision:
"Art. 551. Sections 525, 531 and 536 apply by analogy to applications for referral from one court to another. "
Art. 14. Sections 546, 549 and 550 of the Code are repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 March 1998.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK

(1) 1996-1997 session:
Senate.
Parliamentary documents:
1-456 1996-1997:
No. 1: Bill.
No. 2: Amendment.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary session.
Annales parliamentarians. - Discussion and adoption. Sessions of 18 and 20 December 1996.
Session 1996-1997:
House of Representatives.
Parliamentary documents:
866 1996-1997:
Number 1: Project transmitted by the Senate.
Nbones 2-6: Amendments.
Number 7: Report.
No. 8: Text adopted by the commission.
No. 9: Amendments.
No. 10: Articles adopted in plenary session.
No. 11: Text adopted in plenary and in the Senate.
82-1995 (S.E.):
Nbones 16 to 23: Decisions of the Parliamentary Committee for Consultation.
Annales parliamentarians. - Discussion and adoption. Meetings on 23 October and 6 November 1997.
Session 1997-1998:
Senate.
Parliamentary documents:
1-456 1997-1998:
No. 6: Draft amended by the House of Representatives.
No. 7: Amendments.
Number 8: Report.
No. 9: Text adopted by the commission.
No. 10: Text reworked by the Senate and referred to the House of Representatives.
Annales parliamentarians. - Discussion and adoption. Session of 5 February 1998.
Session 1997-1998:
House of Representatives.
Parliamentary documents:
866 1996-1997:
No. 12: The Senate reworked.
Annales parliamentarians. - Discussion and adoption. Meeting of 5 March 1998.