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12 MARCH 1998. Law on Improvement of Criminal Procedure in the Information and Training Stage (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 1^er. This Act regulates a matter referred to in Article 78 of the Constitution, with the exception of Articles 38 and 39, which regulate a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Provisions
amending the Code of Criminal Investigation
Art. 2. In Article 9 of the Code of Criminal Investigation, amended by the laws of 10 July 1967, 10 October 1967, 11 February 1986 and 3 August 1992, the words "and by the investigating judges" are deleted.
Art. 3. Section 23, paragraph 2, of the same Code, inserted by the Act of 27 March 1969, is replaced by the following paragraph:
"The King's Attorney, who has been charged with an offence within the limits of this jurisdiction, may proceed or cause any information or instruction within his or her powers to be carried out outside his or her district. He advises the Crown Prosecutor of the district in which the act must be performed. »
Art. 4. Section 26 of the Code, repealed by the Act of 10 July 1967, is reinstated in the following wording:
“Art. 26. Without prejudice to section 5 of the Act of 5 August 1992 on the police function, the King's Prosecutor shall take the general directives necessary for the execution of judicial police missions in his district. These directives shall remain in effect unless the investigating judge decides otherwise in the course of his or her instruction. They are communicated to the Attorney General. »
Art. 5. It is inserted in the same Code, in chapter IV of Book 1, section 1^rebis including articles 28bis to 28septies and as follows:
“Section 1^erbis. Information
Art. 28bis. § 1^er. Information is all acts intended to investigate offences, their authors and evidence, and to gather the elements useful to the public action.
The general principles under which police services can act independently are established by law and in accordance with the specific procedures laid down by directives made in accordance with Articles 143bis and 143ter of the Judicial Code.
Regardless of what is provided in the preceding paragraphs, the information is conducted under the direction and authority of the competent King's Prosecutor. He takes responsibility for it.
§ 2. The information extends to the proactive investigation. The latter, in order to allow the prosecution of perpetrators of offences, consists in the search, collection, recording and processing of data and information on the basis of reasonable suspicion that punishable acts are to be committed or have been committed but are not yet known, and that are or would be committed within the framework of a criminal organization, as defined by the law, or constitute or constitute a crime or § In order to initiate a proactive investigation, the written and prior authorization of the Crown Prosecutor, the Labour Auditor, or the National Magistrate, within their respective jurisdiction, is required, without prejudice to the respect of the specific legal provisions regulating particular research techniques.
§ 3. Except as provided by law, acts of information may not include any act of coercion or infringe on individual freedoms and rights. These acts may, however, include the seizure of the things referred to in section 35.
The King's Attorney ensures the legality of the evidence as well as the loyalty with which they are gathered.
Art. 28ter. § 1^er. The King's Attorney has a general duty and right of information.
As part of the research policy determined in accordance with articles 143bis and 143ter of the Judicial Code, the King's Attorney determines the subjects in which the offences are prioritized in his borough.
§ 2. Officers and judicial police officers acting as an initiative inform the King's prosecutor of the research carried out within the time frame and in the manner set out by directive. When such research has an interest in information or instruction in another district, the relevant judicial authority is immediately informed by these officers and judicial police officers and by the King's Prosecutor.
§ 3. The King's Prosecutor has the right to request police services to perform, except as prescribed by law, all judicial police acts necessary for information.
These requisitions are made and executed in accordance with Article 6 of the Police Service Act of 5 August 1992 and, with respect to the gendarmerie, Articles 44 to 50 of the Act of 2 December 1957 on the gendarmerie. The required police services are required to comply with the requisitions and to assist the officers and judicial police officers required for their execution.
Where a police service cannot provide the King's prosecutor with the necessary staffing and means, the King may communicate the file to the Attorney General by informing him of the situation. The Attorney General may submit the file to the College of Attorneys General who takes the necessary initiatives.
§ 4. The King ' s Prosecutor may designate the police department(s) responsible for judicial police missions in a particular investigation, to which the requisitions will, except for the exception, be addressed. If several services are designated, the King's Attorney ensures coordination of their interventions.
The police officers of the designated police service in accordance with the preceding paragraph shall immediately inform the competent judicial authority of the information and information in their possession and of any research undertaken in accordance with the terms and conditions established by the Crown Prosecutor. For all judicial police missions related to this designation, they shall act primarily with respect to other police officers, who shall immediately inform the competent judicial authority and the designated police service of information and information in their possession and of any research undertaken in accordance with the terms and conditions fixed by the King's Prosecutor by directive.
Art. 28quater. In the light of the criminal policy directives defined under section 143ter of the Judicial Code, the King's prosecutor considers the opportunity of prosecution. He indicates the reason for classification decisions without any action he makes in this matter.
It carries out public action in accordance with the terms and conditions prescribed by law.
The duty and the right of information of the King's Prosecutor remain after the public action is initiated. This duty and right of information, however, cease for the facts before the investigating judge, insofar as the information knowingly infringes on his prerogatives, without prejudice to the requisition provided for in article 28septies, paragraph 1, and to the extent that the examining magistrate seized of the case does not decide to continue the entire investigation.
Art. 28quinquies. § 1^er. Except as provided by law, the information is secret.
Anyone who is called to lend their professional information assistance is held incommunicado. Whoever violates this secret is punished by the penalties provided for in Article 458 of the Criminal Code.
§ 2. Without prejudice to the provisions of the specific laws, the King's Attorney and any police department who question a person the inform that they may request a copy of the minutes of their hearing, which is issued free of charge.
This copy is given or sent immediately or in the month.
However, due to serious and exceptional circumstances, the King's Prosecutor may, by a reasoned decision, delay the time of the communication for a maximum of three months renewable once that decision is filed on file.
§ 3. The King's Prosecutor may, when the public interest so requires, provide information to the press. It ensures respect for the presumption of innocence, the rights of the defence of suspected persons, victims and others, the privacy and dignity of persons. To the extent possible, the identity of the persons cited in the file is not communicated.
§ 4. The lawyer may, where the interest of his client requires, provide information to the press. It ensures respect for the presumption of innocence, the rights of the defence of suspected persons, victims and third parties, the privacy, dignity of persons and the rules of the profession. To the extent possible, the identity of the persons cited in the file is not communicated.
Art. 28sexies. § 1^er. Without prejudice to the provisions of the particular laws, any person injured by an information act relating to his property may request the King's Prosecutor to lift it.
§ 2. The request is motivated and contains an election of domicile in Belgium, if the applicant does not have his domicile. It is filed with the prosecutor ' s office and is registered in an open registry.
The King's Attorney shall rule no later than fifteen days from the filing of the application.
The reasoned decision shall be notified to the applicant and, where appropriate, to the Board by fax or registered letter to the position within eight days of the decision.
§ 3. The Crown Prosecutor may reject the request if he considers that the need for information requires it, where the lifting of the act compromises the safeguard of the rights of the parties or third parties, where the lifting of the act presents a danger to persons or property, or in cases where the law provides for the restitution or confiscation of such property.
It may grant a total, partial or conditional lifting. Any person who does not comply with the prescribed conditions shall be punished by the penalties provided for in section 507bis of the Criminal Code.
§ 4. The Indictment Chamber may be seized within fifteen days of notification of the decision to the appellant.
The Indictment Chamber is seized by a statement made at the court of first instance and registered in an open register.
The King's Prosecutor shall forward the documents to the Attorney General who shall file them with the Registry.
The indictment board shall rule within fifteen days of the filing of the statement. This period is suspended from the time of surrender to the applicant's request or counsel.
The Clerk shall give notice to the Grievor and his counsel, by fax or by registered letter to the position, of the place, day and time of the hearing, no later than 48 hours in advance.
The Attorney General, the complainant and his counsel are heard.
The successor may be sentenced to charges.
§ 5. If the King's Attorney has not ruled within the time limit provided for in § 2, paragraph 2, the Grievor may appeal to the board of indictments. The reasoned application is filed at the court of first instance and is registered in an open register for this purpose. The procedure shall be conducted in accordance with § 4, paragraphs 3 to 6.
§ 6. The appellant may not file an application with the same object before the expiry of a period of three months from the last decision on the same object.
Art. 28s. The prosecutor of the King may request the investigating judge to perform an instructional act for which only the investigating judge is competent, except for the warrant of arrest as provided for in Article 16 of the Act of 20 July 1990 on pretrial detention, the measure of surveillance as provided for in Article 90ter and the search, without an instruction being opened. After the execution of the instructional act carried out by the investigating judge, the investigating judge refers the file to the King's prosecutor who is responsible for the prosecution of the information.
The examining magistrate before the case shall decide whether he shall only execute the required instruction and shall return the record as specified in the preceding paragraph, or if, on the contrary, he shall continue the investigation, in which case it shall be carried out in accordance with the provisions of Chapter VI of this book. This decision is not subject to appeal. »
Art. 6. Article 44 of the same Code is supplemented by a paragraph reading:
"When an autopsy is ordered, relatives are allowed to see the body of the deceased. The magistrate who ordered the autopsy appreciates the closeness of the applicants and decides when the body of the deceased may be presented to them. This decision is not subject to appeal. »
Art. 7. In section 47 of the same Code, as amended by the Act of 10 July 1967, the words "will be held of" are replaced by the word "may".
Art. 8. It is included in the same Code, in chapter IV of Book I, an article 47bis written as follows:
"Art. 47bis. During the hearing of persons, heard in any capacity, the following rules shall be respected at least:
1. At the beginning of any hearing, it is communicated to the interviewee:
(a) that it may request that all questions raised to it and the answers it gives be reflected in the terms used;
(b) that it may request that such information or hearing be made;
(c) that statements may be used as evidence in court.
2. Any person interviewed may use the documents in his or her possession, without the possibility of deferring the examination. It may, at the time of the examination or at a later date, require that these documents be attached to the transcript of the hearing or filed in the registry.
3. The minutes mention precisely the time at which the hearing takes place, is eventually interrupted, resumes, and ends. He accurately mentions the identity of the persons involved in the examination or part of the examination and the timing of their arrival and departure. It also mentions the particular circumstances and any circumstances that may illuminate the declaration or circumstances under which it was made on a particular day.
4. At the end of the hearing, the minutes shall be read to the person interviewed, unless the person requests a reading thereof. He was asked whether his statements should not be corrected or completed.
5. If the person interviewed wishes to speak in a language other than the language of the proceedings, either a sworn interpreter or a sworn interpreter is noted in his or her language, or it is requested to make a note of his or her statement. If the interrogation takes place with the assistance of an interpreter, his identity and quality are mentioned. »
Art. 9. In the same Code, Book I, Chapter VI, the title of Section 1^re is replaced as follows and sections 55 to 57, repealed by the Act of 10 July 1967, are reinstated in the following wording:
“Section 1^re- Instruction
Art. 55. The investigation is all of the acts that seek the perpetrators of offences, gather the evidence and take the measures to allow the courts to make informed decisions.
It is conducted under the direction and authority of the investigating judge.
Art. 56. § 1^er. The examining magistrate assumes responsibility for the investigation that is carried out on charges and on discharge.
He ensures the legality of the evidence and the loyalty with which they are gathered.
He may himself lay the acts that fall under the jurisdiction of the judicial police, information and instruction.
In the performance of his duties, the examining magistrate has the right to directly request the public force.
It decides the need to use coercion or infringe on individual freedoms and rights.
When in the course of an investigation, he discovers facts likely to constitute a crime or offence that he is not seized, he immediately informs the King's attorney.
§ 2. The examining magistrate has the right to require the police to perform, except as prescribed by law, all judicial police acts necessary for the investigation.
These requisitions are made and executed in accordance with Article 6 of the Police Service Act of 5 August 1992 and with respect to the gendarmerie, in sections 44 to 50 of the Act of 2 December 1957 on the gendarmerie. The required police services are required to comply with the requisitions and to assist the officers and judicial police officers required for their execution.
When a police service cannot provide the investigating judge with the necessary staffing and means, the investigating judge may request the intervention of the King's Prosecutor after informing him of the situation. The investigating judge may also transmit a copy of his or her order to the Attorney General and to the indictment chamber.
The King's Prosecutor may himself transmit the file to the Attorney General. The latter may request the intervention of the College of Attorneys General to take the necessary initiatives.
§ 3. The investigating judge may designate the police department(s) responsible for judicial police missions in a particular investigation, and to which requisitions and delegations will, except for exceptions, be addressed. If several services are designated, the investigating judge shall ensure the coordination of their interventions.
The police officers of the designated police service in accordance with the preceding paragraph shall immediately inform the competent judicial authority of the information and information in their possession and of any research undertaken in accordance with the terms and conditions established by the Crown Prosecutor, unless the investigating judge decides otherwise. For all judicial police missions related to this designation, they shall act primarily with respect to other police officers, who shall immediately inform the competent judicial authority and the designated police service of information and information in their possession and of any research undertaken in accordance with the terms and conditions fixed by the King's Prosecutor by directive.
Art. 57. § 1^er. Except as provided by law, the instruction is secret.
Any person who is called to lend his professional assistance to the instruction is held incommunicado. Whoever violates this secret is punished by the penalties provided for in Article 458 of the Criminal Code.
§ 2. Without prejudice to the provisions of the specific laws, the examining magistrate and any police service that interrogate a person, the inform that they may request a copy of the minutes of their hearing, which is issued free of charge.
This copy is given or sent to it by the investigating judge immediately or within 48 hours and by the police immediately or in the month.
However, due to serious and exceptional circumstances, the investigating judge may, by a reasoned decision, delay the time of the communication for a maximum of three months renewable once. This order is filed on file.
§ 3. The King's Prosecutor may, on the advice of the investigating judge and when the public interest so requires, provide information to the press. It ensures respect for the presumption of innocence, the rights of the defence of the accused, victims and third parties, the privacy and dignity of persons. To the extent possible, the identity of the persons cited in the file is not communicated.
§ 4. The lawyer may, when the interest of his client requires it. provide information to the press. It ensures respect for the presumption of innocence, the rights of the defence of the accused, victims and third parties, the privacy, dignity of the persons and the rules of the profession. To the extent possible, the identity of the persons cited in the file is not communicated. »
Art. 10. Section 59 of the Code, whose French text was amended by the Act of 10 July 1967, is replaced by the following provision:
"Art. 59. In all cases of flagrante delicto or deemed to be such, the investigating judge may seize the facts and direct the acts within the jurisdiction of the King's Prosecutor.
The investigating judge immediately informs the King's prosecutor to allow him to take the requisitions that he considers useful. »
Art. 11. § 1^er. In section 61 of the same Code, whose French text was amended by the Act of 10 July 1967, the second sentence of paragraph 1 is deleted.
§ 2. In the same article, paragraph 2, the words ", and even the warrant of deposit" are deleted.
§ 3. In the same article, paragraph 2, the words "the warrants" are replaced by the words "this mandate".
Art. 12. In the same Code, an article 61bis is inserted as follows:
"Art. 61bis. The investigating judge makes the indictment of any person against whom there are serious evidence of guilt. This charge is made during interrogation or by notification to the person concerned.
Benefit from the same rights as the accused any person in respect of whom public action is engaged in the course of the investigation.
Art. 13. In the same Code, an article 61ter is inserted as follows:
"Art. 61ter. § 1^er. The non-detainee and the civil party may request the examining magistrate to consult the part of the case concerning the facts leading to the indictment or the civil party.
§ 2. The request contains an election of domicile in Belgium if the applicant does not have his domicile. It is filed at the court of first instance not earlier than one month after the indictment, public action or the civil party's constitution. It is registered in an open registry for this purpose. The Clerk shall promptly transmit a copy to the King's Prosecutor. This one takes the requisitions that he considers useful.
The investigating judge shall rule no later than the month of the filing of the application.
The order shall be communicated by the Registrar to the Crown Prosecutor and shall be notified to the Grievor and, where appropriate, to his counsel by fax or by registered letter to the post within eight days of the decision.
§ 3. The examining magistrate may prohibit the communication of the record or of certain documents, if the requirements of the instruction require it, if the communication presents a danger to persons or seriously affects their privacy, or if the constitution of a civil party does not appear admissible or the civil party does not justify a legitimate reason to consult the file.
§ 4. In the event of a favourable decision, the file shall be made available within fifteen days of the order of the investigating judge and not later than the time limit provided for in § 5, paragraph 1^erin original or in copy, to be consulted by the appellant and his counsel for at least 48 hours. The Clerk shall give notice, by fax or by registered letter to the position, the Grievor and his counsel, of the time the record may be consulted.
The accused or the civil party may use the information obtained by the consultation of the case only in the interest of his defence, provided that he or she respects the presumption of innocence and the rights of the defence of third parties, the privacy and dignity of the person, without prejudice to the right provided for in Article 61quinquies.
§ 5. The King's Prosecutor and the Grievor may appeal to the Trial Chamber for a reasoned appeal filed at the court of first instance within eight days. This period is short in respect of the King's Prosecutor from the day the order is brought to his knowledge and in respect of the Grievor, on the day it is notified to him. The King's prosecutor's appeal has a suspensive effect on the execution of the investigating judge's order.
The Trial Chamber shall rule without debate within fifteen days of the filing of the request.
The Clerk shall give notice to the Grievor and, where appropriate, to counsel, by fax or by registered letter to the position, of the place, day and time of the hearing, no later than 48 hours in advance.
The Attorney General may transmit his written requisitions and the investigating judge may transmit a report to the indictment chamber. The indictment chamber may hear separately from the Attorney General, the investigating judge, the appellant or his counsel.
§ 6. If the examining magistrate has not ruled within the time limit provided for in § 2, paragraph 2, the appellant may appeal to the board of indictments. The reasoned application is filed at the court of first instance and is registered in an open register for this purpose. The procedure shall be carried out in accordance with § 5, paragraph 2.
§ 7. The appellant may not file an application with the same object before the expiry of a period of three months from the last decision on the same object. »
Art. 14. In the same Code, an article 61quater is inserted as follows:
"Art. 61quater. § 1^er. Any person who has been injured by an instruction in his or her property may request that the person be lifted to the investigating judge.
§ 2. The request is motivated and contains an election of domicile in Belgium if the applicant does not have his domicile. It is filed at the court of first instance and is registered in an open registry for this purpose. The Clerk shall promptly transmit a copy to the King's Prosecutor. This one takes the requisitions that he considers useful.
The investigating judge shall rule no later than fifteen days from the filing of the application.
The order is communicated by the Clerk to the King's Prosecutor and is notified to the Grievor and, where appropriate, to his counsel by fax or registered letter to the position within eight days of the decision.
§ 3. The examining magistrate may reject the request if he considers that the requirements of the instruction require it, when the lifting of the act compromises the safeguarding of the rights of the parties or third parties, when the lifting of the act presents a danger to persons or property, or in cases where the law provides for the restitution or confiscation of such property.
It may grant a total, partial or conditional lifting. Any person who does not comply with the prescribed conditions shall be punished by the penalties provided for in section 507bis of the Criminal Code.
§ 4. In the event of a favourable decision, the examining magistrate may make the preliminary execution of the decision when any delay may result in irreparable harm.
§ 5. The Crown Prosecutor and the Grievor may appeal the order of the investigating judge within fifteen days. This period is short in respect of the King's Prosecutor from the day the order is brought to his knowledge and, in respect of the Grievor, the day it is notified to him.
The appeal is filed by a statement to the court of first instance and registered in an open register.
The King's Prosecutor shall forward the documents to the Attorney General who shall file them with the Registry.
The indictment board shall rule within fifteen days of the filing of the statement. This period is suspended during the time of surrender to the applicant's or counsel's request.
The Clerk shall give notice to the Grievor and his counsel, by fax or by registered letter to the position, of the place, day and time of the hearing, no later than 48 hours in advance.
The Attorney General, the complainant and his counsel are heard.
Unless the provisional execution has been ordered, the appeal is suspensive.
The successor may be sentenced to charges.
§ 6. If the examining magistrate has not ruled within the time limit provided for in § 2, paragraph 2, the appellant may appeal to the board of indictments. The reasoned application is filed at the court of first instance and is registered in an open register for this purpose. The procedure shall be carried out in accordance with § 5, paragraphs 3 to 6.
§ 7. The appellant may not file an application with the same object before the expiry of a period of three months from the last decision on the same object. »
Art. 15. In the same Code, an article 61quinquies read as follows:
"Art. 61quinquies. § 1^er. The accused and the civil party may request the examining magistrate to perform a supplementary instruction.
§ 2. The request is motivated and contains an election of domicile in Belgium if the applicant does not have his domicile; it accurately describes the solicited instructional act, which is barely inadmissibility. It is filed at the court of first instance and is registered in an open registry for this purpose. The Clerk shall promptly transmit a copy to the King's Prosecutor. This one takes the requisitions that he considers useful.
The investigating judge shall rule no later than the month of the filing of the application. This period is reduced to eight days if one of the accused is in pre-trial detention.
The order shall be communicated to the Crown Prosecutor by the Clerk, notified to the Grievor and, where appropriate, to his counsel, by fax or by registered letter, within eight days of the decision.
§ 3. The investigating judge may reject this request if he considers that the measure is not necessary for the manifestation of the truth, or is, at that time, prejudicial to the instruction.
§ 4. The order of the investigating judge is subject to appeal in accordance with Article 61quater, § 5.
§ 5. If the examining magistrate has not ruled within the time limit provided for in § 2, paragraph 2, the appellant may file the indictments in accordance with Article 61quater, § 6.
§ 6. The appellant may not file an application with the same object before the expiry of a period of three months from the last decision on the same object. »
Art. 16. Section 62bis, paragraph 2, of the same Code, inserted by the Act of 27 March 1969, is replaced by the following provision:
"The investigating judge, subject to an offence within the limits of this jurisdiction, may carry out or cause any acts of judicial police, information or instruction to be carried out outside of his or her district. He advises the Crown Prosecutor of the district in which the act must be performed. »
Art. 17. In the same Code, an article 62ter is inserted:
"Art. 62ter. In the event of a failure of the judicial police officers responsible for the investigation, the investigating judge shall notify the Attorney General and the competent disciplinary authority. "
Art. 18. In article 64, paragraph 1, of the same Code, whose French text was amended by the Act of 10 July 1967, the words "will be transmitted by him" are replaced by the words "may be transmitted by him".
Art. 19. Article 68, paragraph 1^erthe same Code is replaced by the following:
"Every civil party is obliged to elect a home in Belgium, if there is no home. »
Art. 20. In the same Code, in chapter VI, section II, distinction II, of Book I, is inserted a § 2bis comprising Article 70bis and written as follows:
Ҥ 2bis. Hearing in general
Art. 70bis. The provisions of section 47bis are applicable to interrogations conducted in the course of the investigation. »
Art. 21. Section 89bis of the same Code, inserted by the Act of 20 July 1990, is replaced by the following provision:
"Art. 89bis. The investigating judge may delegate, in order to carry out the search and seizure, a judicial police officer in his district or the district where the acts are to take place. When the investigating judge acts on the requisition of an investigating judge from another district, he may delegate a judicial police officer from that other district.
It gives this delegation by reasoned order and in cases of necessity only.
Any subdelegation is prohibited. »
Art. 22. Section 90bis of the same Code, inserted by the Act of 20 July 1990, is replaced by the following provision:
"Art. 90bis. Excluding cases of flagrante delicto or deemed to be such, and where the person in question gives his or her written consent, personal exploration may only be ordered by the investigating judge, the board of indictments, and by the court or court hearing the knowledge of the crime or the offence.
The victim or suspected person may be assisted by the doctor of his or her choice during the bodily exploration to which he or she is subjected. The doctor ' s fees are included in court fees. »
Art. 23. Section 127 of the same Code, whose French text was amended by the Act of 10 July 1967, is replaced by the following provision:
"Art. 127. When the examining magistrate determines his or her completion, he shall forward the file to the Crown Prosecutor.
If the King's prosecutor does not require the fulfilment of other duties, he shall take requisitions for the settlement of the proceedings by the Council Chamber.
The Clerk of the Board's Chamber shall notify the accused, the civil party and their advice, by fax or by registered letter to the position, that the record, in original or in copy, is filed at the Registry for at least 15 days, that the record may be notified and copied.
The accused and the civil party may apply to the examining magistrate, within that time, for the performance of additional acts of instruction, in accordance with Article 61quinquies.
This period is reduced to three days when one of the accused is in pre-trial detention.
When the instruction is complete, the board's board shall indicate, at least 15 days in advance, in a special register held at the office of the court, the place, day and time of the appearance. This period is reduced to three days when one of the accused is in pre-trial detention. The Clerk shall notify, by fax or by registered letter to the position, the accused, the civil party and their counsel, that the record is made available to the Clerk in original or copy.
The board's board decides on the report of the investigating judge, the King's attorney, the civil party and the accused heard. The parties may be assisted by or represented by counsel.
However, the board may order the personal appearance of the parties. This order is not subject to appeal.
The order is served on the party that it concerns at the request of the King's Attorney and carries summons to appear on the date fixed. If the said party does not appear, the board's board shall rule and the decision shall be deemed contradictory.
When the board's board held the case in deliberation to issue its order, it fixed the day of that pronunciation. »
Art. 24. Section 128 of the same Code, as amended by the Act of 20 July 1990, is replaced by the following provision:
"Art. 128. If the board's board is of the opinion that the fact does not present a crime, offence or contravention, or that there is no charge against the accused, it states that there is no need to prosecute. »
Art. 25. In section 129, paragraph 1, of the same Code, replaced by the Act of July 1, 1994, the words "If they are" are replaced by the words "If it is".
Art. 26. In the Dutch text, section 129, paragraph 1, of the same Code, replaced by the law of 11 July 1994, the word " verdachte" is replaced by the word "inverdenkinggestelde".
Art. 27. In the Dutch text of Article 130 of the same Code, as amended by the laws of 20 July 1990 and 11 July 1994, the word " verdachte" is replaced by the word "inverdenkinggestelde".
Art. 28. Section 131 of the Code, repealed by the Act of 20 July 1990, is reinstated in the following wording:
"Art. 131. § 1^er. La. The board shall, where appropriate, declare the invalidity of the act and of any or all of the subsequent proceedings when it finds an irregularity, omission or cause of nullity affecting:
1° an act of instruction;
2° obtaining evidence.
§ 2. The documents declared null shall be removed from the record and filed at the court of first instance, if no appeal has been made within the time limit provided for in section 135. »
Art. 29. In section 133, paragraph 1, of the same Code, as amended by the Act of 20 July 1990 and amended by the Act of 10 July 1967, the words "If, on the report made to the board by the examining magistrate, the judges or one of them considers it" are replaced by the words "If, on the report of the examining magistrate, the board's board considers".
Art. 30. Section 135 of the Code, replaced by the Act of 20 July 1990, is replaced by the following provision:
"Art. 135. § 1^er. The Public Prosecutor ' s Office and the Civil Party may appeal against all orders in the Board ' s Chamber.
§ 2. In the event of irregularities, omissions or causes of nullity referred to in Article 131, § 1^er, or in respect of the order of reference, the inmate may appeal against the order of reference set out in sections 129 and 130, without prejudice to the appeal referred to in section 539 of this Code. The same applies to the causes of irrelevability or extinction of public action. In the event of irregularities, omissions or causes of nullity referred to in Article 131, § 1^er, the appeal is admissible only if the means were invoked by written conclusions before the board chamber. The same applies to the causes of irreceivability or extinction of public action, except where these causes are acquired after the debates before the board.
§ 3. The appeal is filed within fifteen days by a statement made to the court's office that rendered the order. This period runs from the date of the order.
The King's Attorney transmits the documents to the Attorney General.
The Clerk shall give notice to the parties and their advice, by fax or by registered letter to the position, of the place, day and time of the hearing. The file is made available at least 15 days before the hearing.
The indictment board decides on the appeal, the Attorney General, the parties and their counsel heard.
In a public hearing, if it so decides at the request of one of the parties, the Attorney General, the civil party and the accused in their submissions.
§ 4. Where, however, one of the accused is detained, the appeal is filed by the Public Prosecutor's Office and by each of the parties in accordance with section 30 of the Act of 20 July 1990 on preventive detention. »
Art. 31. Under a chapter X (new), entitled "Chapter X "From the Control of Instruction by the Indictment Chamber", section 136 of the same Code is replaced by the following articles:
"Art. 136. The board of indictments controls the course of the instructions, may request reports on the status of the cases and may take note of the records. It may delegate one of its members and decide in accordance with articles 235 and 235bis.
If the instruction is not closed after a year, the indictment chamber may be seized by request addressed to the court of appeal by the accused or the civil party. The indictment board acts in accordance with the previous paragraph and section 136bis. The Indictment Chamber shall rule on the motion by reasoned judgment, which shall be communicated to the Attorney General, the requesting party and the parties heard. The applicant may not file an application with the same object before the expiration of the six-month period from the last decision.
Art. 136bis. The King's Attorney reports to the Attorney General of all cases on which the Council Chamber would not have ruled in the year from the first request.
If he considers it necessary for the proper conduct of the investigation, the legality or regularity of the proceedings, the Attorney General shall, at any time, take the requisitions that he considers useful.
In this case, the board of indictments may, even on its own motion, take the measures provided for in sections 136, 235 and 235bis.
The Attorney General is heard.
The board of indictments may hear the investigating judge in his report, excluding the presence of the parties if it considers it useful. It may also hear the civil party, the accused and their counsel, on summons notified to them by the clerk, by fax or by registered letter to the post, no later than 48 hours before the hearing. »
Art. 32. In the same Code, an article 235bis is inserted:
"Art. 235bis. § 1^er. In the course of the settlement of the proceedings, the Indictment Chamber controls, the requisition of the Public Prosecutor's Office or the request of one of the parties, the regularity of the proceedings submitted to it. She can even do it on her own.
§ 2. The board of indictments also acts in other cases of referral.
§ 3. When the board of indictments controls the regularity of the proceedings and that there may be a cause of nullity, irreceivability or termination of the public action, it orders the reopening of the proceedings.
.§ 4. The Indictment Chamber shall, in a public hearing if it so decides at the request of one of the parties, the Attorney General, the civil party and the accused in their submissions.
§ 5. The irregularities, omissions or causes of nullity referred to in Article 131, § 1^er, or with respect to the order of reference, and which have been examined before the board of indictments may no longer be brought before the judge of the merits, without prejudice to the means of appreciating the evidence or which concern the public order. The same applies to the causes of irreceivability or extinction of public action, except where they are acquired only after the proceedings before the indictment board. The provisions of this paragraph shall not apply in respect of the parties who are only called in the proceeding after the referral to the court of judgment, unless the evidence is withdrawn from the record in accordance with Article 131, § 2, or § 6 of this Article.
§ 6. Where the indictment board finds an irregularity, omission or cause of nullity referred to in section 131, § 1^er, or a cause of inadmissibility or termination of public action, it shall, if any, declare the invalidity of the act which is entered into it and of all or part of the subsequent procedure. The cancelled documents are removed from the file and filed at the court of first instance, after the expiry of the cassation period. »
Art. 33. In section 236 of the same Code, the words "of the previous article" are replaced by the words "of section 235".
Art. 34. In article 279, paragraph 1 of the same Code, the words "even examining judges" are deleted.
Art. 35. In article 280 of the same Code, the words "and investigating judges" are deleted.
Art. 36. Sections 296 to 301 of the Code are repealed.
Art. 37. Section 416, paragraph 2, of the same Code is replaced by the following provision:
"The preceding paragraph does not apply to judgments or judgments on jurisdiction or pursuant to sections 135 and 235bis, or to judgments or judgments relating to civil action that rule on the principle of liability. »
CHAPTER III
Provisions amending the Judicial Code
Art. 38. In section 94 of the Judicial Code, the words "may be" are replaced by the word "is".
Art. 39. In section 402 of the same Code, the words "instruction judges" are deleted.
CHAPTER IV. - Repeal of the Act of 25 October 1919 temporarily amending the judicial organization and the procedure before the courts and tribunals
Art. 40. The Act of 25 October 1919 temporarily amending the judicial organization and the proceedings before the courts and tribunals, as amended by the Acts of 22 July 1927 and 29 June 1929, Royal Decree No. 258 of 24 March 1936, and the Acts of 16 February 1961, 10 October 1967, 20 December 1974 and 25 July 1985, is repealed.
CHAPTER V. - Provisions amending the Act of 20 July 1990 on preventive detention
Art. 41. Article 27, § 1^er, 3°, of the Act of 20 July 1990 on pretrial detention is inserted a c) as follows:
"(c) in the proceedings before the board of indictments under sections 135, 235 and 235 bis of the Code of Criminal Investigation; »
Art. 42. In article 30, § 4, of the same law, a paragraph is added as follows:
"If, as a result of the application of sections 135 and 235 of the Code of Criminal Investigation, the Indictment Chamber shall hold an Instructor Magistrate and the Indictee is detained, the Indictment Chamber shall rule on pre-trial detention by a separate order which, in the event of the continued pre-trial detention, shall form a detention for one month. »
CHAPTER VI. - Provision to amend the Suspension, Suspension and Probation Act of 29 June 1964
Art. 43. Article 4, § 1^erthe Suspension, Suspension and Probation Act of 29 June 1964 is amended as follows:
A) Paragraph 1^er, the words "in the first two paragraphs of the single article, no. XV, of the law of 25 October 1919, as amended by article 1^er Act of 22 July 1927. are replaced by the words "in section 127 of the Code of Criminal Investigation. "
B) In paragraph 3, the words "to single article, no. XV, of the law of 25 October 1919, as amended by section 1^er of the Act of 22 July 1927, but by derogation from the first two paragraphs of this provision," are replaced by the words "in section 127 of the Code of Criminal Investigation".
CHAPTER VII. - Provisions amending the Criminal Code
Art. 44. An article 460ter is included in the Criminal Code, which reads as follows:
"Art. 460ter. Any use by the inmate or the civil party of information obtained by consulting the record, which has the purpose and effect of obstructing the conduct of the instruction, of impairing the privacy, physical or moral integrity or property of a person cited in the record is punishable by imprisonment from eight days to one year or a fine of twenty-six francs to five hundred francs. »
Art. 45. It is inserted in the same Code an article 507bis, which reads as follows:
"Art. 507bis. Will be punished by imprisonment from eight days to two years and a fine of twenty-six francs to five hundred francs, the person who does not comply with the conditions laid down for the lifting of an information or instruction, in accordance with articles 28sexies and 61quater of the Code of Criminal Investigation.
CHAPTER VIII. - Provisions amending the Act of 17 April 1878 containing the preliminary title of the Code of Criminal Procedure
Art. 46. An article 3bis is included in the preliminary title of the Code of Criminal Procedure, which reads as follows:
"Art. 3bis. Victims of offences and their relatives must be treated in a correct and conscientious manner, in particular by providing them with the necessary information, and by placing them, if they buy, in contact with specialized services and, in particular, with legal assistants.
Justice assistants, persons who provide assistance to the competent magistrates in the guidance of persons engaged in judicial proceedings. »
Art. 47. It is inserted in the same preliminary title an article 5bis, as follows:
"Art. 5bis. § 1^er. Acquires the quality of an injured person who claims to have suffered injury arising from an offence.
§ 2. The statement is made in person or by a lawyer.
The statement states:
(a) the name, name, place and date of birth, occupation and domicile of the declarant;
(b) the act of causing the damage to the declarant;
(c) the nature of such damage;
(d) the personal interest the declarant asserts.
The statement to be attached to the file, and of which it is noted, is received by the Secretariat of the Public Prosecutor ' s Office.
§ 3. The injured person has the right to be assisted or represented by a lawyer.
It may include any documents that it considers useful.
She is informed of the classification without further action and of his motive, of the investigation and of the acts of fixation before the courts of investigation and judgment. »
Art. 48. Section 24 of the same preliminary title, as amended by the Act of 30 May 1961 and the French text by the Act of 10 July 1967, is supplemented by the following paragraph:
"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, the limitation of public action will be suspended. If the court declares the justified exception or the decision on the exception will be attached to the merits, the limitation will not have been suspended. "
Art. 49. This Act comes into force on the date fixed by the King and no later than six months after its publication to the Belgian Monitor.
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:
House of Representatives.
Parliamentary documents:
857 1996-1997:
Number 1: Bill.
N^bones 2-16: Amendments.
Number 17: Report.
N° 18: Text adopted by the commission.
N^bones 19 and 20: Amendments.
No. 21: Text adopted in plenary and transmitted to the Senate.
82-1995 (S.E.):
N^bones 20 and 24: Decisions of the Parliamentary Committee for Consultation.
Annales parliamentarians. - Discussion and adoption. Sessions of 8 and 10 July 1997.
Session 1996-1997:
Senate.
Parliamentary documents:
1-704 1996-1997:
No. 6: Project transmitted by the House of Representatives.
N^bones 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Amendment.
No. 7: Supplementary report.
No. 8: Text adopted by the Committee after reference by the plenary meeting.
No. 9: Text amended by the Senate and referred to the House of Representatives.
Annales parliamentarians. - Discussion and adoption. Meetings of 27 and 29 January 1998.
Session 1997-1998:
House of Representatives.
Parliamentary documents:
857 1996-1997:
No. 22: Draft amended by the Senate.
No. 23: Amendments.
Number 24: Report.
No. 25: Text adopted by the commission.
N^bones 26 and 27: Amendments.
Annales parliamentarians. - Discussion and adoption. Meeting of 5 March 1998.