18 MARCH 1998. Parole Act (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
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. § 1^er. A parole board, referred to as the "commission", is established in the jurisdiction of each Court of Appeal. However, in the Brussels Court of Appeal, a French-speaking commission and a Dutch-speaking commission were established.
The King determines the location of the seat of each commission.
§ 2. Each commission is competent for convicts held in penitentiary institutions located within the jurisdiction of the Court of Appeal where it is established, except the exceptions determined by the King.
§ 3. In front of the commissions satisfactory in the jurisdiction of the Courts of Appeal of Liège and Mons, the procedure is conducted in French, except for the exception provided for in Article 2, § 4, paragraph 4.
In front of the commissions operating within the jurisdiction of the Courts of Appeal of Antwerp and Ghent, the procedure takes place in Dutch.
In front of the commissions operating in the Brussels Court of Appeal, the procedure takes place in Dutch for prisons located in Flemish Brabant and in French for prisons located in Walloon Brabant.
For penitentiary institutions located in the administrative district of Brussels-capitale, the procedure is carried out in Dutch or French according to the language in which the judgment or judgment in the heaviest penalty has been pronounced.
§ 4. After the formulation of a proposal by the director of the prison, a convict who falls within the competence of a commission whose language he does not know or who expresses himself more easily in the language of another commission may, by reason of request, ask the competent commission to transfer the treatment of his file to a commission whose language he knows or in the language in which he expresses himself more easily.
Cases of convicts who only know Dutch or express themselves more easily in this language are transferred to the Dutch commission operating in the Brussels Court of Appeal.
Cases of convicts who only know French or express themselves more easily in this language are transferred to the French commission operating in the Brussels Court of Appeal.
Cases of convicts who know only German or who express themselves more easily in this language are transferred to the commission operating within the jurisdiction of the Court of Appeal in Liège.
The Commission shall rule within ten days of the filing of the application referred to in paragraph 1^er. The decision granting or refusing the transfer of jurisdiction shall be substantiated and notified within three days, by registered letter, to the Public Prosecutor's Office near the commission and the convicted person.
The review of the file is suspended until a decision has been made on whether or not the file has been transferred to another committee.
CHAPTER II. - Of the composition
Art. 3. Each commission consists of an effective judge of the court of first instance, an assessor of enforcement of sentences and an assessor of social reintegration.
Art. 4. § 1^er. The judge of the court of first instance presides over the commission.
§ 2. It is designated, among the judges who applied their candidature, by the first president of the court of appeal of the jurisdiction where the commission has its seat, who designates at the same time among the candidates an alternate. It is taken into account the useful professional experience and by preference of judges who hold a degree of Licensee in criminology are designated.
§ 3. The chair of the commission, in his capacity as a magistrate, retains his place on the list of ranks. It continues to enjoy its treatment and the increases and benefits associated with it.
It is entitled to an additional treatment equal to that allocated to an investigating judge with three years of office in a court whose jurisdiction counts a population of at least 500,000 inhabitants. This treatment supplement is linked to the mobility regime applicable to the retributions of State agents in service activity.
For the duration of his mission, he was supposed to have served his duties. The provisions on retirement and pension are applicable to it. It is provided for the replacement of the magistrate by an overcrowding appointment in accordance with the provisions of the Judicial Code If it is a head of body, it is provided for its replacement by the over-numbered appointment of a magistrate at the immediately lower rank.
§ 4. The chair and alternate shall be designated for a term of three years, renewable once for a period of five years.
At the earliest three years after the end of their mission to the commission, the judge who presided over the commission and the judge who replaced it may resubmit to the position they held. They may be designated for a term of five years not renewable.
Art. 5. § 1^er The assailant in the enforcement of sentences and his or her alternate shall meet the following conditions:
- possess at least five years of useful professional experience in the field of enforcement of custodial sanctions within a department of the Ministry of Justice, in an academic function, at the bar or at a service approved by the competent authority and whose list will be determined by the King;
- be a holder of a degree or certificate of study issued by a university or an assimilated institution;
- be Belgian;
- not over 65 years of age;
- the enjoyment of civil and political rights.
§ 2. The assailant in social reintegration and his or her alternate shall meet the following conditions:
- possess at least five years of useful professional experience in the field of social reintegration in a department of the Department of Justice or in a service approved by the competent authority and whose list will be determined by the King;
- be a holder of a degree or certificate of study issued by a university or an assimilated institution; or hold a degree or certificate of study to be determined by the King;
- be Belgian;
- not over 65 years of age;
- the enjoyment of civil and political rights.
§ 3. The assessors and their substitutes are appointed by the King according to a procedure that he determines, by order deliberately in the Council of Ministers.
§ 4. Assessors and their alternates are designated for a term of three years, renewable once for a period of five years.
At the earliest three years after the end of their mission, the person who has been an assessor of the commission and the person who has supple it may again apply to the function they have performed. They are designated for a term of five years not renewable.
Art. 6. § 1^er. A member of the Public Prosecutor's Office is attached to each commission.
§ 2. It is designated, among the members of the Public Prosecutor's Office who have applied, by the Attorney General at the Court of Appeal of the Jurisdiction where the Commission has its seat, who at the same time designates an alternate. It is taken into account the useful professional experience and by preference of magistrates who hold a degree in criminology are designated. In the absence of candidates, the Attorney General shall designate them as ex officio.
§ 3. The member of the Public Prosecutor's Office retains his place on the rank list. It continues to enjoy its treatment and the increases and benefits associated with it.
It is entitled to an additional treatment equal to that allocated to an investigating judge with three years of office in a court whose jurisdiction counts a population of at least 500,000 inhabitants. This treatment supplement is linked to the mobility regime applicable to the retributions of State agents in service activity.
For the duration of his mission, he was supposed to have served his duties. The provisions on retirement and pension are applicable to it. It is provided for its replacement by an overcrowding appointment in accordance with the provisions of the Judicial Code. If it is a head of body, it is provided for its replacement by the over-numbered appointment of a member of the Public Prosecution Service to the immediately lower rank.
§ 4. The member of the Public Prosecutor ' s Office and its alternate shall be designated for a term of three years, renewable once for a period of five years.
At the earliest three years after the end of their mission to the commission, the member of the Public Prosecutor's Office who has been attached to the commission and the person who has suppleed it may again apply or be appointed ex officio to the function they have performed. They are designated for a term of five years not renewable.
CHAPTER III. - Skills
Section 1. - General
Art. 7. § 1^er. The commission of the penitentiary institution that emanates from the proposal for parole is aware of this proposal. Without prejudice to the provisions of Article 2, § 4, it shall remain competent for any decision relating to conditional release until the time of final release.
However, if for a convict, the commission considers, on an exceptional basis, that it is indicated to transfer jurisdiction to another commission, it takes a reasoned decision after it has, within fifteen days, rendered a notice in accordance.
§ 2. Each commission follows the situation of convicts released on parole for whom it is competent.
§ 3. The commission or, in the event of an emergency, the president may always collect the opinion of an expert that he or she designates. The convict may also, at his or her expense, collect an expert's opinion and submit that opinion to that commission.
Art. 8. If the commission authorizes the parole of the convicted person, in accordance with the provisions of the Parole Act and amends the Social Defence Act of 9 April 1930 with respect to abnormals and ordinary offenders, replaced by the Act of 1^er July 1964, the Commission specifies the procedure for monitoring and guardianship of the convicted person and the procedure for monitoring the conditions imposed on him.
In the context of effective control, the commission determines in particular, according to the control department, the conditions that must be communicated to it.
Art. 9. The Commission may suspend the conditions imposed, specify or adapt them to the circumstances, without being able to strengthen or impose additional conditions, without prejudice to the application of Article 12.
Section 2. - Revocation, suspension and review of parole
Subsection 1. - Revocation
Art. 10. Parole may be revoked by the commission in the following cases:
1° where, during the trial period, the person concerned was charged with new offences or where the specific conditions set out in the commission's decision on parole are not met;
2° where it is found in a conviction that the conditional release has committed a crime or offence before the expiry of the trial period;
3° where the commission is of the opinion that the convicted person seriously jeopardizes the physical integrity of third parties and provided that no other appropriate measures can be taken.
Sub-section 2. - Suspension
Art. 11. § 1^er. In the cases referred to in section 10, the commission may order the suspension of parole.
§ 2. In the event of suspension, the convict is immediately reincarcerated. The days of deprivation of liberty are charged to the portion of the penalty still to be imposed.
§ 3. Within a maximum of two months, the commission revokes parole, or lifts the suspension of parole. In the latter case, conditional release may be reviewed in accordance with the provisions of Article 12. If no decision is taken within this period, the convicted person shall be released under the same conditions as previously.
Subsection 3. - Revision
Art. 12. § 1^er. Where, in the cases referred to in section 10, the commission considers that revocation is not necessary in the interests of the society, the victim or the social reintegration of the convicted person, the commission may review the conditional release. In this case, the commission may strengthen the conditions imposed or impose additional conditions. Conditional release is however revoked when the convicted person does not accept the new conditions.
§ 2. When the Commission decides to strengthen the conditions imposed or impose additional conditions, it sets out the time when this decision becomes enforceable.
Section 3. Decision after provisional arrest
Art. 13. When the King's Attorney or Military Auditor orders the provisional arrest of the convict, in accordance with the provisions of the Parole Act and amending the Social Defence Act of 9 April 1930 with respect to abnormals and ordinary offenders, replaced by the Act of 1^er July 1964, the commission ruled in the month following this order on revocation, suspension or review. If the commission orders the suspension pursuant to section 11, the suspension is expected to have taken place on the date the provisional arrest warrant was implemented.
If no decision occurs within this period, the convicted person shall be released under the same conditions as previously.
CHAPTER IV. - Operation
Art. 14. § 1^er. Before they enter office, the effective and alternate members shall, in the hands of the first president of the court of appeal of the jurisdiction in which the commission is established, take the following oath: "I swear faithfulness to the King, obedience to the Constitution and the laws of the Belgian people."
§ 2. The members of the commission may be challenged for the reasons for the recusal provided for in articles 828 and 830 of the Judicial Code.
Any member of the commission who knows that there is a cause of recusal in his person is required to abstain.
Whoever wants to recuse, must do it as soon as he knows the cause of recusal.
The challenge is proposed by a reasoned request addressed to the chair of the commission. The request is dated and signed. It contains:
1° the name, first name, quality and domicile of the range;
2° the subject matter of the application and a presentation of the facts and means.
When the objection is contested, the recused member shall be replaced by his alternate, the recusant and the recused member shall be heard and the recused member shall rule without delay on the recusal.
When the member has withdrawn or the recusal is accepted by the Board, the member shall be replaced by the alternate member.
The Commission's decision shall be notified within three days of the statement, by registered letter, to the recused member, the Public Prosecutor's Office and the convict referred to in section 2 of the Parole Act and amending the Social Defence Act of 9 April 1930 with respect to abnormal and ordinary offenders, replaced by the Act of July 1964.
§ 3. In the event of an incapacity or absence of an effective member and in the event of a vacancy of his or her term, he or she is replaced by his or her alternate.
Art. 15. The commission's secretariat is provided by State officials appointed by the Minister of Justice.
Art. 16. § 1^er. For the purposes of articles 249, 251 and 252 of the Criminal Code, assessors are considered as assessor.
§ 2. Members of the commission and the secretariat are subject to a confidentiality obligation in respect of the facts, acts or information they have been aware of in the performance of their duties. Any offence under this rule shall be punished in accordance with Article 458 of the Criminal Code.
Art. 17. § 1^er. The staff and operational costs of the commission and its secretariat are borne by the budget of the Department of Justice.
§ 2. The King determines the administrative and financial status of assessors.
§ 3. The King determines the amount of the sitting allowance allocated to alternates when they replace an effective member.
The members of the commission, the member of the Public Prosecutor's Office, the secretary and, if necessary, the alternates shall be charged for their travel and residence expenses.
Art. 18. The King regulates the functioning of the commissions.
Art. 19. The King sets the effective date of this Act, which must be consistent with the effective date of the Parole Act and amending the Social Defence Act of 9 April 1930 with respect to abnormals and ordinary offenders, replaced by the Act of 1^er July 1964.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK

(1) Session 1996-1997.
Senate.
Parliamentary documents:
1-859 1996-1997:
Number 1: Bill.
N^bones 2-6: Amendments.
Number 7: Report.
No. 8: Text adopted by the commission.
N^bones 9-11: Amendments.
Annales parliamentarians. - Discussion and adoption. Meeting of 17 July 1997.
Session 1997-1998:
House of Representatives.
Parliamentary documents:
1150 1996-1997:
Number 1: Bill.
No. 2-6: Amendments.
Number 7: Report.
No. 8: Text adopted by the commission.
N^bones 9: Amendment.
Annales parliamentarians. - Discussion and adoption. Meeting of 15 January 1998.
Session 1997-1998:
Senate.
Parliamentary documents:
1-589 1996-1997:
No. 12: Draft amended by the House of Representatives.
Number 13: Report.
No. 14: Text corrected by the Justice Commission.
Nr. 15: Amendment filed after approval of the report.
Annales parliamentarians. - Discussion and adoption. Meeting of 19 February 1998.