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7 JANVIER 1998. Judicial Assistance Act for the Issue of Copies of Judicial Records in Criminal Matters (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.
CHAPTER II. - Provisions amending the Judicial Code
Art. 2. In the Judicial Code, an article 674bis is inserted:
"Art. 674bis. §1. In criminal matters, the accused, the civilly responsible party, the civil party, and any person who, on the basis of the file, could report injury, may request legal assistance in order to obtain a copy of the documents on the file. .
§ 2. The request shall be sent by request:
1° to the President of the board or board of indictments when the King's Prosecutor or the Attorney General, if any, takes requisitions for the settlement of the proceedings;
2° to the Police Court or the President of the Chamber of the Correctional Court, where the accused is summoned or summoned by notice as provided for in section 216quater of the Code of Criminal Procedure;
3° to the president of the court of appeal;
4th to the president of the court of siege.
The request may not be sent to the correctional court or to the court of appeal, which is aware of the appeal of the public action, except by the one to whom the benefit of the judicial assistance has already been granted in the first instance for the issuance of copies and who wishes to file a request for copies of the documents subsequently paid to the file after the first request.
§ 3. Where the Crown Prosecutor or the Attorney General, if any, has taken requisitions for the settlement of the proceedings, the request for judicial assistance relating to the issuance of copies of documents of the file shall be filed, as soon as it is due, with respect to the parties called, no later than the first hearing.
§ 4. Where the case has been brought without a referral order to the police court or the correctional court, or before the court of appeal, in the event of the application of sections 479 et seq. of the Code of Criminal Investigation, the request for judicial assistance in order to obtain the issuance of copies of documents of the file must be filed, as soon as it is due, within eight days of the date of the summons or summons.
The text of paragraph 1 of this paragraph is reproduced in the summons or summons.
§ 5. Unless it may establish that it has not been informed in a timely manner, any person who, on the basis of the file, could report an injury must file his or her application, barely waived, no later than the fifth day before the first hearing at which the trial court is aware of public action.
§ 6. The written request is signed by the complainant or his lawyer. It is filed, as the case may be, at the hearing or at the Registry, or sent to the Registry by registered letter to the position. The date on the receipt issued by postal services is the date of filing. The oral request is made at the hearing, and reference is made to the hearing sheet; may also be made in the form of a statement to the Registry. The statement registered by the Registrar is filed on file.
The applicant shall indicate the documents to which he requests a copy when he has the opportunity to consult the file.
Only the copy of the documents in the file may be requested at the time the request is filed. The documents referred to in Article 676 are attached to the request.
§ 7. The examination of the request for judicial assistance for the issuance of copies shall be held in private. It shall be held at a later hearing when the request is filed or made at the registry. It takes place at the hearing at which the judge is aware of public action when the request was made verbally.
The president or judge shall rule after the appellant or his lawyer and the public prosecutor have been heard or have had the opportunity to be heard.
The chair or judge may reject the application or be entitled to it in whole or in part. In its decision, the President or the judge shall indicate the documents for which he authorizes the issuance of copies for judicial assistance.
§ 8. Any person whose application has been accepted in whole or in part may file a new request relating to the documents subsequently paid to the file.
The application shall be filed, as soon as no later than the fifth day before the hearing of the court of judgment.
When at the end of the period referred to in paragraph 2, new documents are subsequently filed on file, the Registrar shall issue a free copy of the documents to the parties that have previously benefited from judicial assistance for the issuance of copies. .
§ 9. The judge's decision on judicial assistance for the issuance of copies of documents on file is not subject to opposition. The appeal may be filed by the appellant or the Public Prosecutor's Office within 24 hours, which begins to run from the judgment.
The appeal shall be appealed, in accordance with the applicable criminal rules, to the court office which rendered the decision.
It must be considered within fifteen days of its introduction:
1° by the board's board in case of appeal of the decision of the police court;
2° by the board of indictments in case of appeal of the decision of the board or correctional court.
§ 10. Decisions on judicial assistance for the issuance of copies of documents on file cannot be appealed in cassation.
§ 11. The procedure for judicial assistance for the issuance of copies of evidence in criminal matters cannot delay the normal course of public action. »
Art. 3. In the same Code, an article 672bis is inserted:
"Art. 672bis. If the application referred to in sections 671 and 672 is made in conjunction with the application referred to in section 674bis, it shall be addressed to the competent judge, in accordance with the procedure set out in that section. »
Art. 4. The following amendments are made to section 676 of the Code:
A. In paragraph 1, 3, the words "claimed by the applicant" are replaced by the words "made personally by the applicant or his lawyer".
B. Between paragraph 1 and paragraph 2 is inserted the following paragraph:
"When the Grievor does not have a home, he makes his statement to the Police Commissioner or the mayor of the commune of the place of his residence. »
CHAPTER III Clause Amending the Code of Criminal Investigation
Art. 5. Section 305, paragraph 2, of the Criminal Code is replaced by the following paragraph:
"Judicial assistance is granted for the issuance of evidence to the accused, the civil parties, and to any person who, on the basis of the file, could report harm, and could benefit from this measure in accordance with articles 674bis et seq. of the Judicial Code. »
CHAPTER IV. - Provision to amend the Code of Rights
registration, mortgage and transplantation
Art. 6. In the Code of Registration, Mortgage and Registry Rights, an article 284bis is inserted, as follows:
"Art. 284bis. Registry fees due to copies issued in criminal matters pursuant to articles 674bis et seq. of the Judicial Code are also disposed of. The fees and other costs are recovered in accordance with the provisions of the same Code. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 January 1998.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK

(1) Special session 1995
Senate.
Parliamentary documents. - Bill No. 1-17/1 of 27 June 1995, submitted by Mr. Erdman.
House of Representatives.
Parliamentary documents. Decisions of the Parliamentary Committee for Consultation: 82/20 and 82/21.
Regular session 1995-1996.
Senate.
Parliamentary documents. - Amendments No. 1-17/2.
Regular session 1996-1997.
Senate.
Parliamentary documents. - Report No. 1-17/5 of 10 December 1996, submitted by Mr. Desmedt. Amendments No. 1-17/3 and 1-17/4. - Text adopted by the Commission: 1-17/6.
Annales parliamentarians. - Discussion. Session of 18 December 1996. - Adoption. Session of 20 December 1996.
Parliamentary documents. - Text adopted in plenary meeting and transmitted to the Chamber: 1-17/7.
House of Representatives.
Parliamentary documents. - Bill No. 864/1 of 30 December 1996. Report No. 866/6 of 8 October 1997 by Mr. Barzin. Amendments No. 864/2, 864/3, 864/4 and 864/5. - Text adopted by the Commission: 864/7.
Annales parliamentarians. - Discussion and adoption. Session of 23 October 1997.
Parliamentary documents. - Text adopted in plenary and transmitted to the Chamber: 864/8.
Regular session 1997-1998.
Senate.
Parliamentary documents. - Draft amended by the House of Representatives: 1-17/8. Decisions of the Parliamentary Committee for Consultation: 1-82/20 and 1-82/21. Report No. 1-17/9 of 26 November 1997, submitted by Mr. Desmedt. - Text corrected by commission: no. 1-17/10.
Annales parliamentarians. - Discussion and adoption. Session of 11 December 1997.
Parliamentary documents. Decision to join the draft amended by the House of Representatives: No. 1-17/11.