Law On The Various Amendments To The Code Of Criminal Procedure And The Penal Code, To Improve The Particular Research Methods And Certain Measures Of Inquiry On Internet, Electronic Communications And The Telecommunicat

Original Language Title: Loi portant des modifications diverses au Code d'instruction criminelle et au Code pénal, en vue d'améliorer les méthodes particulières de recherche et certaines mesures d'enquête concernant Internet, les communications électroniques et les télécommunicat

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Published the: 2017-01-17 Numac: 2017030017 SERVICE PUBLIC FEDERAL JUSTICE 25 December 2016. -Law on various amendments to the Code of criminal procedure and the penal Code, to improve specific research methods and some measures of inquiry on Internet, electronic communications and telecommunications and creating a database of voice prints PHILIPPE, King of the Belgians, to all present and future salvation.
The House of representatives has adopted and we sanction the following: title 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
TITLE 2. -Changes of the Code of criminal procedure art.
2A article 39bis of the Criminal Code, inserted by the Act of 28 November 2000 and amended by the law of June 6, 2010, the following changes are made: (1) paragraph 1 is supplemented by the words "or a part of it.";
(2) paragraph 2 is replaced by the following: "§ § 2 2." Research in a computer system or part of it which was seized, can be decided by a judicial police officer.
Without prejudice to paragraph 1, the Prosecutor may order a search in a computer system or part of it that can be entered by him.
The research referred to in paragraphs 1 and 2 may only be extend to data saved in the computer system that is either entered or may be submitted. For this purpose, each external linkage of this computer system is prevented until the search is started. ";
(3) paragraph 3 is replaced by the following: "§ § 3 3." The public prosecutor can extend the search in a computer system or part of it, initiated on the basis of paragraph 2, to a computer system or part of it located in a place other than that where the research is carried out:-If this extension is required for the manifestation of the truth with respect to the offence that is the subject of the search; and - whether other measures would be disproportionate, or if there is a risk that, without this extension, evidence may be lost.
The extension of the search in a computer system may not exceed computer systems or parts of systems to which the persons authorized to use the computer system which is the subject of the measure specifically have access.
With respect to the data collected by the extension of the search in a computer system, which are useful for the same purposes as those planned for the seizure, the rules laid down in paragraph 6 apply.
When it turns out that these data are not on the territory of the Kingdom, they may only be copied. In this case, the public prosecutor shall without delay communicate this information to public Service of Justice, who shall inform the competent authorities of the State concerned, if it can reasonably be determined.
In case of extreme emergency, the King's Prosecutor may order verbally the extension of the research referred to in paragraph 1.
This order is confirmed in writing promptly, with mention of the reasons for the urgency. ";
(4) paragraph 4 is replaced by the following: "§ § 4 4." Only the investigating judge may order a search in a computer system or any part of it other than the research referred to in paragraphs 2 and 3:-If this research is necessary for the manifestation of the truth with respect to the offence that is the subject of the search; and - whether other measures would be disproportionate, or if there is a risk that, without this research, evidence may be lost.
In case of extreme emergency, the investigating judge may order verbally the extension of the research referred to in paragraph 1. This order is confirmed in writing promptly, with mention of the reasons for the urgency. ";
(5) paragraph 5 is replaced by the following: "§ § 5 5" To enable the measures referred to in this article, the public prosecutor or the investigating judge may also, without the consent of the owner or his having right or user, order, at any time:-the temporary suspension of all protection information systems concerned, as appropriate by using technical means, false signals, false key or false qualities;
-the installation of technical devices in the computer systems involved for decryption and decoding of data stored, processed or transmitted by this system.
However, only the investigating judge may order the temporary deletion of protection or the installation of technical devices when this is specifically necessary for the application of paragraph 3. ';
(6) paragraph 6 is replaced by the following: "§ § 6 6" If stored data are found in the concerned computer systems that are useful for the same purposes as those laid down for entry, but support entry, however, is not desirable, these data, as well as the data necessary to understand them, are copied on media that are owned by the authority. In an emergency or for technical reasons, it can be made use of media that are available to persons authorized to use the computer system.
In addition, the appropriate technical means are used to prevent access to this data in the computer system, as well as copies of these data that are available to persons authorized to use the computer system, as well as to ensure their integrity.
When the measure provided for in paragraph 1 is not possible, for technical reasons or because of the volume of data, the King's Prosecutor use them appropriate technical means to prevent access to this data in the computer system, as well as copies of these data that are available to persons authorized to use the computer system, as well as to ensure their integrity.
If the data form the object of the offence or have been produced by the infringement and if they are contrary to public order or good morals or constitute a danger to the integrity of information systems or data stored, processed or transmitted through such systems, the King's Prosecutor using all technical means appropriate to make these data inaccessible or After taking copy, remove them.
It may however,

except in the case provided for in paragraph 4, allow the future of the whole or part of these data use, when it presents no danger to the institution of the proceedings.
In case of extreme emergency and if he is obviously an offence under articles 137, § 3, (6), 140bis or 383bis, § 1, of the penal Code, the public prosecutor may order verbally that all appropriate means should be used to make inaccessible data that form the subject of the offence or have been produced by the infringement and which are contrary to public order or good morals. This order is confirmed in writing promptly, with mention of the reasons for the urgency. ";
(7) article is supplemented by paragraphs 7 and 8 are written as follows: "§ § 7 7" Unless his identity or address cannot be reasonably found, the public prosecutor or the investigating judge informed as soon as possible, the head of the computer research system in the computer system or its extension. It communicates as appropriate a summary of the data that has been copied, rendered inaccessible or withdrawn.
§ 8. The Prosecutor of the King uses appropriate technical means to ensure the integrity and confidentiality of these data.
Appropriate technical means are used for their conservation at the registry.
The same rule applies when data that is stored, processed or transmitted in a computer system are entered with their support, in accordance with the preceding articles. "."
Art. 3. in the same Code, it is inserted an article 39ter as follows: "art. 39ter. § 1.
During the search for crimes and offences, and without prejudice the skills referred to in article 39bis, 46bis and 88bis and articles XII.17, XII.18, XII.19 and XII.20 the Code of law, economic police officer can, if there is reason to believe that data stored, processed or transmitted by means of a computer system are particularly susceptible to loss or modification order by a written and motivated, to one or several physical persons or legal persons decision to retain data that is in their possession or under their control.
The reasoned written decision mentions:-the name and title of the officer of the judicial police who demand conservation;
-the offence that is the subject of the search;
-the data that must be kept.
-the duration of data retention, which may not exceed ninety days. This period may be extended in writing.
In an emergency, conservation can be ordered orally. It must be confirmed as soon as possible in the form set out in paragraph 2.
§ 2. The natural persons or legal persons referred to in paragraph 1, subparagraph 1, ensure the integrity of the data is guaranteed and that the data is kept securely.
§
3. Anyone who, the head of its function, has knowledge of the extent or assists, is required to keep the secret. Any breach of secrecy is punished according to article 458 of the penal Code.
Any person who refuses to cooperate, or who disappeared, destroys or alters the stored data, is punishable by imprisonment from six months to one year or a fine of twenty-six euros to twenty thousand euros or only one of these penalties."
Art. 4. in the same Code, it is inserted an article 39quater as follows: "art. 39quater. § 1. Without prejudice to the possibilities of direct collaboration with operators of networks of electronic communications and foreign electronic communications services providers, the King's Prosecutor may, through the service of police appointed by the King, apply to a competent foreign authority to order or to impose another way conservation of data stored, processed or transmitted by a computer system that is located on the territory of the competent authority and on which a
competent Belgian judicial authority intends to submit a request for mutual legal assistance.
Demand for conservation is in writing and mentions:-the name and quality of the authority seeking the preservation;
-the offence that is the subject of the request and a brief statement of the facts which have been laid;
-the data to be retained and the relationship with the offence.
-all available information concerning the depositary of the data or the location of the computer system;
-the need for conservation;
-the fact that a request for mutual legal assistance on the stored data will be submitted;
-the fact that data that should be kept as appropriate, refer to a State other than the State of the competent foreign authority.
§
2. When such a possibility is provided for in an instrument of international law linking the Belgium and another State, a competent authority of that State may request the police department appointed by the King to order or to impose another way conservation of data stored, processed or transmitted through a computer system which lies on Belgian territory and about which the foreign judicial authority intends to submit a request for mutual legal assistance.
Demand for conservation is in writing and mentions:-the name and quality of the authority seeking the preservation;
-the offence that is the subject of the request and a brief statement of the facts which have been laid;
-the data to be retained and the relationship with the offence.
-all available information concerning the depositary of the data or the location of the computer system;
-the need for conservation;
-the fact that a request for mutual legal assistance on the stored data will be submitted;
-the fact that data that should be kept as appropriate, refer to a State other than the State of the competent foreign authority.
After receipt of the request referred to in paragraph 2, the police service referred to in paragraph 1 shall inform the public prosecutor or the competent investigating judge and takes all appropriate steps to proceed without delay to the fast conservation of the data defined in accordance with article 39ter.
Without prejudice to instruments of international law binding the Belgium on mutual legal assistance and to promote it, a request for preservation may be dismissed only by the King's Prosecutor or the competent investigating judge:-If the request concerns an offence

by the Belgium as a political offence or a related fact to an offence is political, or - if the execution of the request is likely to undermine the sovereignty, security, public order or other essential interests of the Belgium.
If police service referred to in paragraph 1 considers that simple conservation alone will not ensure the future availability of the data, or will compromise the confidentiality of the investigation by the competent foreign authority or otherwise harm it, it informs without delay the competent foreign authority, which will then decide whether nevertheless to execute the request.
A conservation carried out in response to the request referred to in paragraph 1 is valid for a period of at least sixty days in order to offer the possibility of submitting a request for judicial assistance to the competent foreign authority. After receipt of such a request, the data remain kept pending a decision on the application.
If the data that is stored, processed or transmitted by a computer system refer to another State that the State of the requesting competent foreign authority, the police service referred to in paragraph 1 shall inform the public prosecutor or the competent investigating judge.
It discloses an amount of identifying information as best as possible, to the competent foreign authority or sufficient appeal to find who is the operator of the electronic communications network or the provider of the electronic communications service and by what route the communication has been sent. "."
Art. 5. in article 46bis from the same Code, inserted by the Act of June 10, 1998 and amended lastly by the Act of May 29, 2016, the following changes are made: a) paragraph 1 is replaced by the following: "§ 1."
When looking for crimes and misdemeanours, the public prosecutor may, by a reasoned, written decision proceed or proceed on the basis of all data held by him, or by the means of access to the files of clients of the actors referred to in paragraph 2, first and second indents, to: (1) the identification of the Subscriber or the regular user of a service referred to in paragraph 2 second indent, or of the electronic means of communication used;
(2) the identification of the services referred to in paragraph 2, second indent, to which a given person subscribes or which are usually used by a specific person.
If necessary, it may so require, directly or through the police department appointed by the King, collaboration:-the operator of a network of electronic communications, and - any person who puts at disposal or supply on the Belgian territory, a somehow, a service that is to transmit signals via electronic communications networks or allow users to get receive or disseminate information via an electronic communications network. Also included is the provider of an electronic communications service.
Motivation reflects the proportionality in respect of the subsidiary and private life any other duty of inquiry.
In case of extreme emergency, the King's Prosecutor may order this measure verbally. The decision is confirmed in writing as soon as possible.
For offences that are not likely to lead to main correctional imprisonment for one year or a heavier sentence, the Prosecutor may request the data referred to in paragraph 1 for a period of six months prior to its decision. ';
(b) in paragraph 2, paragraph 1 is replaced by the following: "the actors referred to the § 1, paragraph 2, 1st and 2nd indents, required to communicate the data referred to in paragraph 1 shall communicate to the public prosecutor or judicial police officer data in real time or, if necessary, at the time specified in the requisition, under the terms laid down by the King" on proposal of the Minister of Justice and the Minister responsible for Telecommunications. ";
(c) in paragraph 2, the last paragraph is replaced by the following: "any person who refuses to communicate the data, or who does not provide real-time or, if necessary, at the time specified in the requisition is punishable by a fine of twenty-six euros ten thousand dollars.".
Art. 6. in article 46quinquies of the Code inserted by the law of 27 December 2005, the following changes are made: has) in paragraph 1, the words 'and open the objects closed in this place,' shall be inserted between the words "at any time in a private place" and "unbeknownst to the owner";
(b) in paragraph 2, the words "penetration in the private place described in the § 1," are replaced by the words "penetration of the private place referred to in paragraph 1, and the opening of the items closed on this place,";
(c) in paragraph 2, 3, the words "to install part of an observation" are replaced by the words "to install, repair or remove part of an observation";
(d) paragraph 2 is supplemented by a 4 ° drafted as follows: "(4) replace the items carried in accordance with paragraph 5.";
(e) article is supplemented by paragraphs 5, 6 and 7 written as follows: "§ § 5 5" If examination of an object referred to in paragraph 1 cannot be done on the spot and the information cannot be obtained in any other way, the police department is allowed to take this object for a strictly limited period. The object in question is back in place as soon as possible, at least it doesn't impede the smooth running of the investigation.
§
6. In the context of the measure referred to in paragraph 1, the penetration in a computer system is possible only for the purposes referred to in paragraph 2 (3).
§ 7. The judicial police officer who directs the execution of the measure referred to in paragraph 1 or rule 89ter, § 1, writes a record of the course of the measure. When closed objects are open or that it shall apply paragraph 5 during the execution of the measure, it is mentioned in the minutes. The minutes is attached to the repressive at the latest once the measure has been ended. "."
Art. 7. in the same Code, it is inserted an article 46sexies as follows: "art. 46sexies. § 1. In the search for crime, if the necessities of the investigation so require and that other means of investigation do not appear to be sufficient for the manifestation of the truth, the public prosecutor may authorize services

Police referred in paragraph 2 to maintain, as appropriate under a false identity, contacts on the Internet with one or more persons for which there are serious indications they commit or committed offences that may give rise to correctional imprisonment of one year or a heavier sentence.
The King determines the conditions, including with regard to training, and the terms of appointment of law enforcement agencies empowered to enforce the measure referred to in this article.
In exceptional circumstances and with the approval of the Prosecutor of the King, the official police services referred to in paragraph 2 may, as part of a specific operation, temporarily using the expertise of a person which is not part of police services if this is strictly necessary for the success of his mission. The authorization and the identity of this person are kept in the record referred to in paragraph 3, paragraph 7.
This section does not apply to the personal interaction of police officers, in the exercise of their judicial police missions, with one or more people on the Internet, which purpose is to direct that a targeted audit or an arrest, and that without the use of credible fictitious identity.
§
2. The targeted measure to the § 1 is ordered by the Prosecutor of the King by a written and motivated authorization beforehand. This authorization is valid for a period of three months, subject to renewal.
In an emergency, the authorization may be given orally. It must be confirmed as soon as possible in the form provided for in the paragraph 1.
§
3. Are exempt from punishment, police officials who, as part of their mission and in view of the success of it or to ensure their own safety or that of other persons concerned by the measure, spree and strictly necessary, this with the express consent of the Prosecutor.
These offences may be more severe than those for which the measure is used and must necessarily be proportionate to the objective.
Paragraphs 1 and 2 are also apply to people who have provided directly aid or assistance necessary to the execution of this mission as well as to individuals in the § 1, paragraph 3.
The magistrate authorizing, in respect of this Code, a police officer and the person referred to in paragraph 3 to commit offences as part of the execution of the measure, incurs no penalty.
Police officers shall communicate, in writing and prior to the enforcement of the measure, to the King's Prosecutor offences themselves or the persons referred to in paragraph 3 have intent to commit.
If this prior notification could not be held, police officials shall inform without delay the Prosecutor of the King of the offences themselves or the persons referred to in paragraph 3 have committed and then give written confirmation.
The King's Prosecutor says in a separate written decision the offences that may be committed by the police and the persons referred to in paragraph 3 under the measure ordered.
This decision is kept in a separate and confidential file. It is the only one with access to this file, without prejudice to the right of the investigating judge and of the Chamber of indictments targeted respectively at section 56bis and articles 235ter, § 3, and 235quater, § 3. The content of this file is covered by professional secrecy.
§ 4. The police officer in charge of the investigation shall draw minutes of the different phases of the execution of this measure, including relevant contacts. These minutes are attached to file no later than after the end of the measure.
The contacts referred to in paragraph 1 are registered with technical means appropriate and attached to the file or filed at the registry, digital or not, form at the latest after the end of the measure.
§ 5. The public prosecutor is responsible for execution of the permissions of the target measure to the § 1, paragraph 1, granted by the examining magistrate as an investigation under section 56bis.
The King's Prosecutor says at this time in a separate written decision the offences that may be committed by the police and the persons referred to in paragraph 3, paragraph 3, under the measure ordered by the investigating judge. This decision is kept in the case referred to in § 3, paragraph 7 "."
Art. 8. in article 47sexies same code, inserted by the law of January 6, 2003 and amended by the law of 27 December 2005, the following changes are made: a) in paragraph 3, the (1) is replaced by the following: "(1) indices seriousness of the offence that warrant observation or, if the observation is part of the proactive investigation defined in article 28A" , § 2, reasonable suspicion that punishable facts are going to be committed or had been committed but are not yet known, and special indices relating to the items described in the latter provision, which justify observation; ";
(b) in paragraph 3, 5 °, the words "one month" shall be replaced by the words "three months".
(c) in paragraph 5, the words "in the 1st paragraph" are replaced by the words "paragraph 3".
Art. (9 in article 47octies of the same Code, inserted by the law of January 6, 2003, amended by the law of 27 December 2005 and December 29, 2010, the following changes are made: a) in paragraph 3, the (1) is supplemented by the words "or, if the infiltration is part of the proactive investigation defined in article 28A, § 2, reasonable suspicion of offences will be committed or had been committed but are not yet known , and special indices relating to the items described in the latter provision, which justify the infiltration; ";
(b) in paragraph 5, the words "in the 1st paragraph" are replaced by the words "paragraph 3".
Art. 10. in article 47undecies of the same Code, inserted by the law of January 6, 2003, cancelled by the No. 202/2004 the Constitutional Court judgment, restored by the law of 27 December 2005 and partially annulled by judgment No. 105/2007 of the Constitutional Court, article 4 is repealed.
Art. 11A section 56bis of the same Code, inserted by the law of January 6, 2003 and amended by the law of 27 December 2005, the following changes are made: (1) in paragraph 1, the words "a targeted measure

"article 46sexies or" are inserted between the words "order" and the words "special methods";
(2) in paragraph 1, the second sentence is replaced by the sentence "It shall be, as appropriate, in accordance with article 46sexies or article 47ter. 47novies";
(3) paragraph 4 is supplemented by the following sentence: "these people are bound to secrecy. Any breach of secrecy is punished according to article 458 of the penal Code. "."
Art. 12. in article 88bis of the Code, inserted by the Act of 11 February 1991 and amended lastly by the Act of May 29, 2016, the following changes are made: a) paragraph 1 is replaced by the following: "§ 1." If there are serious indications that the offences are likely to lead to main correctional imprisonment for one year or a heavier sentence, and when the investigating judge considers that there are circumstances that make the identification of electronic communications or the location of the origin or the destination of electronic communications necessary to the manifestation of the truth, he can proceed : (1) to identify the traffic data of electronic means of communication from which or to which electronic communications are addressed or addressed;
(2) the location of the origin or the destination of electronic communications.
If necessary, it may so require, directly or through the police department appointed by the King, collaboration:-the operator of a network of electronic communications; and - any person who offers or offers on Belgian territory, a somehow, a service that is to transmit signals via electronic communications networks or allow users to obtain, receive or disseminate information via an electronic communications network. Also included is the provider of an electronic communications service.
In the cases referred to in paragraph 1, for each means of electronic communication which call data are identified or whose origin or destination of the telecommunication is located, the date, time, duration and, if necessary, the place of electronic communication are indicated and documented in a report.
The investigating judge says the factual circumstances of the case which justify the measure, its proportionality in respect of the private life and subsidiary to any other duty of inquiry, in one order motivated.
It also specifies the period during which the measure may apply for the future, this period shall not exceed two months from the date of the order, without prejudice to renewal and, if applicable, the period for the past on which the order extends in accordance with paragraph 2.
In case of flagrante delicto, the public prosecutor may order the measure for the offences referred to in article 90ter, §§ 2, 3 and 4. In this case, the measure must be confirmed within 24 hours by the investigating judge.
In the case however of the offence referred to in article 137, 347bis, 434, or 470 of the penal Code, with the exception of the offence referred to in article 137, paragraph 3, (6), of the same Code, the public prosecutor may order the measure as long as the situation of flagrante delicto continues, without the need for a confirmation by the investigating judge.
In the case of the offence referred to in article 137 of the Criminal Code, with the exception of the offence referred to in article 137, § 3, 6 °, of the same Code, the public prosecutor may also order the measure within seventy hours of the discovery of this offence, without the need for a confirmation by the investigating judge.
However, the public prosecutor may order the measure if the complainant requests, when this measure is indispensable to the establishment of an offence referred to in article 145, § 3 and § 3A of the Act of 13 June 2005 on electronic communications.
In an emergency, the measure may be ordered orally. It must be confirmed as soon as possible in the form provided for in paragraphs 4 and "5;
(b) in paragraph 3, paragraph 2 is supplemented by the following sentence: "these people are bound to secrecy. Any breach of secrecy is punished according to article 458 of the penal Code. "."
(c) in paragraph 4, paragraph 1 is replaced by the following: "the actors referred to the § 1, paragraph 2, communicate the requested information in real time or, if necessary, at the time specified in the requisition, under the terms laid down by the King, on the proposal of the Minister of Justice and the Minister responsible for Telecommunications.";
(d) in paragraph 4, paragraph 3 is replaced by the following: "any person who refuses to lend technical assistance to the requisitions referred to in this article, contest the terms are fixed by the King, on the proposal of the Minister of Justice and the Minister for Telecommunications, or does not lend it real-time or" If any, at the time specified in the requisition, is punishable by a fine of twenty-six euros to ten thousand euros. "."
Art.
13. article 88ter of the same Code, inserted by the Act of 28 November 2000, is repealed.
Art. 14A article 88quater of the Code, inserted by the Act of 28 November 2000 and amended by the law of June 6, 2010, the following changes are made: (1) in paragraph 1, the words "to whom he presumes that they have one" are replaced by the words "anyone whom he presumes that there", and the words "or its extensions referred to in article 39bis , § 3 "shall be inserted between the words" which is the subject of the research"and the words"or services that protect";
(2) paragraph 3 is replaced by the following: "§ § 3 3." One who refuses to provide the collaboration ordered to §§ 1 and 2 or which impedes research or its extension into the computer system, is punished with imprisonment from six months to three years and a fine of 26 euros to twenty thousand euros or only one of these penalties.
If the collaboration referred to in paragraph 1 may prevent the commission of a crime or an offence or may limit the effects and that this collaboration is not provided, the penalties are imprisonment for one to five years and a fine of five hundred euros to 50,000 euros. "."
Art.
15. in article 89ter of the same Code, inserted by the law of January 6, 2003 and replaced by the law of 27 December 2005, paragraph 1 is replaced by the following: "within the framework

execution to the extent provided in section 46quinquies, and conditions as well as for the purposes that it sets out, only the investigating judge may authorize the police department appointed by the King to:-at any time enter one private place other than that referred to in article 46quinquies, § 1, including open objects closed in this place, without the knowledge of the owner or his successor in title , or the occupier, or without consent;
-break into a computer system and explore it, unbeknownst to the owner, holder or user or without their consent, without prejudice to the possibility for the public prosecutor to authorize the introduction into a computer system within the limits referred to in article 46quinquies, § § 6 6 "."
Art. 16. in book 1, chapter VI, section II, subsection II of the same Code, the title of paragraph 6 is replaced by the following: "§ § 6 6" Intercept, read, explore and record not accessible communication to the public or the data of a computer system or part of it. "."
Art. 17. in article 90ter from the same Code, inserted by the law of 30 June 1994 and amended lastly by the law of July 20, 2015, the following changes are made: a) paragraph 1 is replaced by the following: "§ 1."
Without prejudice to the application of article 39bis, 87, 88, 89bis and 90, the investigating judge may, in a secret purpose, intercept, read, explore and save, using technical means, of communications not accessible to the public or the data of a system or part of it, or expand the search in a computer system or part of it.
This measure may be ordered only in exceptional cases, when required by the necessities of the statement, if there are serious indications that it concerns an offence referred to in paragraph 2, and if other means of investigation are inadequate to the manifestation of the truth.
To allow this measure, the investigating judge may also, without the knowledge or consent of the occupier, the owner or his successor in title, or of the user, order, at any time:-penetration in a home, a private place, or a computer system;
-the temporary removal of any protection of the computer systems involved, if necessary using technical means, false signals, false key or false qualities;
-the installation of technical devices in the computer systems involved for decryption and decoding of data stored, processed or transmitted by this system.
The measure referred to in this paragraph may be ordered to find data that can be used for the manifestation of the truth. It cannot be ordered to respect either those suspected, based on definite clues, of having committed the offence, either with respect to the means of communication or computer systems regularly used by a suspect, against the suspected places frequented by the. It may also be ordered for people presumed, on the basis of specific facts, be in regular communication with a suspect. ';
(b) paragraph 2 is replaced by the following: "§ § 2 2." Offences that justify the measure referred to in paragraph 1 are those that are concerned: (1) in sections 101 to 110 of the penal Code;
(2) in sections 136bis, 136ter, 136quater, 136sexies and 136septies of the Code and article 41 of the Act of 29 March 2004 concerning cooperation with the International Criminal Court and the international tribunals;
3. book II, title Iter, of the same Code.
(4) in article 147 of the same Code;
(5) items 160, 161, 162, 163, 168, 171, 173 and 176 of the same Code;
(6) in articles 180 and 186 of the same Code;
(7) in article 210bis of this Code;
(8) in articles 246, 247, 248, 249 and 250 of the same Code;
(9) in article 259bis of this Code;
(10) in article 314bis of this Code;
(11) sections 324bis and 324ter of the same Code;
(12) in sections 327, 328, 329 and 330 of the same Code, if a complaint has been filed;
(13) in article 331bis of this Code;
(14) in article 347bis of this Code;
(15) in articles 372 to 377bis of the same Code;
(16) in article 377quater of this Code;
17 ° to sections 379, 380 and 383bis, §§ 1 and 3, of the same Code.
(18) in article 393 of the Code;
(19) in articles 394 and 397 of the same Code;
(20) in sections 428 and 429 of this Code;
(21) in section 433bis/1 of the same Code;
(22) in article 433quinquies to 433octies of the same Code;
(23) in article 434 of the Code;
(24) in sections 468, 470, 471 and 472 of the same Code;
(25) in article 475 of the Code;
(26) in book II, title IX, chapter I, section 2bis, and chapter Ierbis of the Code;
(27) in article 504bis and 504ter of the same Code;
(28) in article 504quater of this Code;
(29) in article 505, 1st paragraph, 1 ° of the same Code when concerned things have been removed, misappropriated or obtained using a crime or an offence referred to in this article;
(30) in article 505, paragraph 1, 2 °, 3 ° and 4 ° of the same Code;
31 ° 510, 511, paragraph 1, and 516 of the Code;
(32) in article 520 of the Code, if the circumstances referred to in articles 510 and 511, paragraph 1, of the same Code are met;
(33) in articles 550bis and 550ter of the same Code;
(34) in article 2bis of the Act of February 24, 1921, about the traffic of poisonous, soporific, staggering, psychotropic, disinfectant or antiseptic substances and substances that can be used in the illicit manufacture of astounding and psychotropic substances;
35 ° to the Act of May 28, 1956 on the substances and mixtures hazardous or likely to deflagrate and gear involved in;
(36) article 1 of the royal decree of 12 April 1974 on certain operations on substances to action hormonal, antihormonale, anabolic, beta-adrenergic, anti-infectious, antiparasitic and anti-inflammatory, article for offences punishable under the law of 24 February 1921 regarding traffic in poisonous, soporific, staggering, disinfectant or antiseptic substances. ";
(37) article 77A to 77quinquies of the Act of 15 December 1980 concerning access to the territory, stay, the establishment and removal of foreigners;
(38) in article 10, § 1, 2 °, of the law of July 15, 1985 on the use of substances with hormonal, anti-hormonal effect in beta-adrenergic effect

or stimulatory effect of production animals;
39 ° in article 10 of the law of August 5, 1991 on import, export and transit of arms, ammunition and equipment to be used specifically for military use and technology there;
(40) in article 145, §§ 3 and 3A, of the Act of 13 June 2005 on electronic communications;
(41) in sections 8 to 11, 14, 16, 19, 1 °, 2 °, 3 °, 5 ° and 6 °, 20, 22, 27 and 33 of the Act of 8 June 2006 adjusting activities economic and individual weapons, also called "law on weapons";
(42) in articles 21 to 26 of the co-operation agreement of 2 March 2007 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the Convention on the prohibition of the development, manufacturing, storage and use of chemical weapons and on their destruction, done at Paris on 13 January 1993;
(43) in article 47 of the Decree of the Flemish Parliament of June 15, 2012 concerning the import, export, transit and transfer of defence-related products, other equipment for military use, material of maintaining order, civilian firearms, of parts and ammunition;
(44) article 20 of the Decree of the Walloon Region from June 21, 2012 relative to import, export, transit and transfer of civilian and defense-related products;
(45) in article 42 of the order of the Region of Brussels - capital of June 20, 2013 relative to import, export, transit and transfer of defence-related products, other equipment that could be used for military use, of material related to the law enforcement of firearms for civilian use, for their parts, accessories and ammunition;
(c) in paragraphs 3 and 4, the words 'monitoring measures' are each time be replaced by the word "measures";
(d) paragraph 5 is replaced by the following: "§ § 5 5" In the event of flagrante delicto and as long as the situation of flagrante delicto continues, the public prosecutor may order the measure referred to in paragraph 1 for the offences referred to in articles 137, 347bis, 434, or 470 of the penal Code. In addition, in case of flagrante delicto, the public prosecutor may order the measure referred to in paragraph 1 for the offences referred to in article 137 of the Criminal Code, with the exception of the offence referred to in article 137, paragraph 3, (6), of the same Code in the seventy hours following the discovery of the offence.
Approval can be given orally and must be confirmed in writing as soon as possible. ';
(e) in paragraph 6, paragraph 1, the words "temporarily to listen, learn and record telecommunications private during transmission," are replaced by the words "intercept, read and save not accessible to the public or the data from a computer system communication".
Art. 18. article 90quater of the same Code, inserted by the law of June 30, 1994 and amended lastly by law of February 5, 2016, is replaced by the following: "art. 90quater. § 1. Any measure on the basis of article 90ter is being motivated prior written approval of the investigating judge, that it communicates to the public prosecutor.
The authorization is dated and indicates: (1) indices as well as the facts and specific to the cause which justify the measure in accordance with article 90ter.
(2) the reasons for which the measure is necessary to the manifestation of the truth;
(3) the person, the means of communication, computer system or place subject to the measure.
(4) the period during which the measure can be performed and which may not exceed one month. This period shall begin on the date of the authorization ordering or, in the case of article 90quinquies, paragraph 1, extending the measure and ends the day before the date of the following month.
(5) the name and quality of the officer or judicial police officers committed to enforcement of the measure.
In an emergency, the authorization may be given orally. It is confirmed in the form provided for in paragraph 2 no later than within 24 hours.
§ 2. In order to allow the measure referred to in article 90ter, § 1, the investigating judge may require, directly or through the police department appointed by the King, the competition:-the operator of a network of electronic communications;
-any person who offers or offers on Belgian territory, a somehow, a service that is to transmit signals via electronic communications networks or to allow users to obtain, receive or disseminate information via an electronic communications network. Also included is the provider of an electronic communications service.
Anyone who, the head of its function, has knowledge of the extent or assists, is required to keep the secret. Any breach of secrecy is punished according to article 458 of the penal Code.
Any person who refuses to lend technical assistance to the requisitions referred to in clause 1, contest whose terms are set by the King, on the proposal of the Minister of Justice and the Minister for Telecommunications, or lend it not real-time or, if necessary, at the time specified in the requisition, is punishable by a fine of twenty-six euros to twenty thousand euros.
§ 3. The investigating judge may commit to the implementation of the measure referred to in article 90ter, § 1, as judicial police officers. They can be assisted by officers of judicial police and, according to the conditions laid down by the King, by agents of the administrative and logistic of the integrated police framework. These last people cannot be responsible for the analysis of the content of communications or stored data, unless there is specific expertise, or selection of the estimated parties relevant to the statement, as provided for in article 90sexies, § 1, 2 °.
Judicial police officers retain the names of the people who can help in a list established separately for each folder under the terms laid down by the King, on the advice of the Commission for the protection of privacy. If these people are responsible for the enforcement of the order referred to in article 90ter, § 1, paragraph 3, their name is not mentioned in the court record.
Committed judicial police officers shall report in writing at least five daily to the judge investigating the performance of the authorization.
§

4. the investigating judge may require, directly or through the police department appointed by the King, of people he presumes that they have a special knowledge of the means of communication or computer system undergoing measurement or services or applications that protect, encode or encrypt the data that is stored processed, or transmitted by a computer system or a means of communication, they provide information on the functioning of this way or system and how to access its content, which is or has been transmitted, in a comprehensible form.
He may order persons to make available this content, in the form he wants.
Anyone who refuses to provide technical assistance to the requisitions referred to in paragraphs 1 and 2 is punishable by imprisonment from six months to one year and a fine of 26 euros to twenty thousand euros or only one of these penalties.
Any person who, the head of its function, has knowledge of the extent or is required to pay technical assistance, is bound to secrecy. Any breach of secrecy is punished according to article 458 of the penal Code.
§
5. If so, article 39bis, § 3, paragraph 4, is applicable to data collected by a search in a computer system in application of article 90ter, § 1st. "."
Art.
19A article 90quinquies of the Code, inserted by the law of 30 June 1994, the following changes are made: (1) paragraph 1 is replaced by the following: "the investigating judge may be extended one or more times the effects of approval referred to in article 90quater, § 1, for a new term which may not exceed one month, with a maximum of six months" without prejudice to its decision to put an end to the measure as soon as the circumstances that justified disappeared. This six-month period begins on the date of the first authorization ordering the measure and ends the day before the date of the sixth following month. If the measure, due to its technical preparation, actually began a day later than the first authorization, this six-month period begins to run when this effective start and no later than two months after the date of the first authorization. ";
(2) in paragraphs 2 and 3, the word "order" is replaced each time by the word "authorization".
Art. 20. article 90sexies of the Code, inserted by the law of 30 June 1994 and amended by the law of June 10, 1998 and February 5, 2016, is replaced by the following: "art. 90sexies. § 1. Judicial police officers committed put at the disposal of the investigating judge: (1) the file containing communications not accessible to the public or the data from a computer system recorded and obtained as a result of the measures taken in application of article 90ter, 90quater and 90quinquies;
(2) the transcription or reproduction of parts of the communications or recorded estimated data relevant for education by judicial police officers committed, and their possible translation;
(3) where applicable, the place where the data referred to in 2 ° in the computer system;
(4) a general description of the content and the identification data of the means of communication or computer systems that are used with respect to communications or estimated data.
§
2. Without prejudice to the selection by the judicial police officers referred to in paragraph 1, the investigating judge appreciated among all communications not accessible to the public or data of a computer system recorded the parts that are relevant to education. Insofar as these parts of communications or data have not been transcribed, reproduced or translated in accordance with paragraph 1, they will be transcribed, reproduced and possibly translated. The investigating judge in fact draw up report.
§ 3. Communications not accessible to the public or data to a computer system which are covered by professional secrecy are not recorded in the minutes. These communications or data are filed in the registry in a file under seal. If it comes to persons referred to in article 90octies, we proceed as provided for in this article.
§ 4. The permissions of the investigating judge, the reports of judicial police officers referred to in article 90quater, § 3, and records relating to the enforcement of the measure, joined folder at least once there is an end to measure. "."
Art.
21. article 90septies of the Code, inserted by the law of 30 June 1994, replaced by the Act of June 10, 1998 and amended by the law of 28 November 2000 and 5 February 2016, is replaced by the following: "art.
90septies. § 1. Appropriate means are used to ensure the integrity and confidentiality of communications not accessible to the public or data to a computer system that were recorded.
§ 2. Each file contains the subject of communications not accessible to the public or data to a computer system that were recorded and the days and hours at which the measure was executed.
§ 3. Any notes taken in the implementation of the measures referred to in article 90ter, 90quater and 90quinquies by people committed to this end which is not recorded in a statement, is destroyed, except for what is mentioned in article 90sexies, § 1, 2 °, 3 ° and 4 °, and without prejudice to article 33 of the law of December 25, 2016 with the changes to the Code of criminal procedure and the penal Code to improve the methods specific research and some measures investigation on Internet, electronic communications and telecommunications and creating a data bank of voice prints. Judicial police officers committed to enforcement of the measure proceed to this destruction and mention it in a report.
For reasons of management and to comply with the obligation of article 90decies, strictly necessary administrative data can nevertheless be retained in the Department designated by the King.
§
4. The files referred to in article 90sexies, § 1, 1 °, are kept in the registry under seal. They can also be kept in the Department designated by the King to the terms and conditions set by him after consultation with the Commission for the protection of privacy.
The documents referred to in article 90sexies, § 1, 2 °, 3 ° and 4 °, and copies of

minutes are kept in the registry under seal.
§ 5. The clerk mentioned in a special register held on a daily basis: (1) the day of the filing of the parts and files referred to in article 90sexies, § 1, as well as every copy of minutes;
(2) the name of the investigating judge who has ordered or confirmed the extent and purpose of it;
(3) the day where the sealed are open and possibly reapposes;
(4) the date of becoming aware of the parts and files referred to in article 90sexies, § 1, copies of the minutes, as well as the names of the people who took knowledge;
(5) all other events related thereto.
§ 6. The accused, the accused, the civil party or their counsel receive, on request, copy of all communications not accessible to the public or data of a computer system, relevant estimated parts have been transcribed or reproduced and recorded in a report that they have the right to consult.
The accused, the accused, the civil party or their advice can ask the judge to consult the registry other files or parts filed pursuant to § 4 in the registry, as well as to transcribe or reproduce additional parts of the communications or stored data. The request, made to the investigating judge, is treated in accordance with article 61quinquies.
In addition, the judge may dismiss this request if it considers that consultation, transcription or reproduction of additional parts is not necessary to the manifestation of the truth, if he considers it prejudicial to the investigation or for reasons related to the protection of other rights or interests of people until. It can also limit the consultation or the transcription or reproduction of additional parties to a selection of files or parts as he may determine. "."
Art. 22. article 90octies of the same Code, inserted by the law of 30 June 1994, is replaced by the following: "art. 90octies. § 1. The measure may wear on the premises used for business purposes, residence, means of communication or computer systems of a lawyer or a doctor if it is itself suspected of having committed one of the offences referred to in article 90ter or participating, or if specific facts let assume that others suspected of having committed one of the offences referred to in article 90ter use its premises, its residence, its means of communication or its computer systems.
§
2. The measure cannot be executed unless the President or representative of the provincial College of physicians, according to the case, to be notified.
These people are bound to secrecy. Any breach of secrecy is punished according to article 458 of the penal Code.
§ 3. The investigating judge evaluates, after consultation with the President or representative of the order provincial doctors, what parts of communications not accessible to the public or data of a computer system referred to in article 90sexies, § 3, considers relevant to education, are the responsibility of professional secrecy and which ones are not.
Only the parts of the communications or data referred to in paragraph 1 which are estimated not to raise professional secrecy are transcribed or reproduced and, where appropriate, translated. The investigating judge in fact draw up report.
Files containing these communications or data are filed in the registry under seal.
All other communications or data are filed in the registry in another file separate sealed. "."
Art.
23. article 90novies of the Code, inserted by the law of 30 June 1994 and replaced by the law of December 19, 2002, is supplemented by the words ", except if its identity or its address cannot reasonably be found found.".
Art. 24. in article 90decies of the Code, inserted by the law of June 30, 1994 and amended lastly by the Act of May 29, 2016, paragraph 3 is replaced by the following: "At the same time it's enforcement report 40bis, 46ter, 46quater, 46quinquies, 47ter articles at 47decies, 56bis, 86bis, 86ter, 88sexies and 89ter.".
Art. 25. in article 235ter of the Code, inserted by the law of 27 December 2005 and amended by the laws of the January 16, 2009, January 29, 2016 and February 5, 2016, the following changes are made: (1) in paragraph 1, paragraph 1 is supplemented by the words "and the application of the measure referred to in article 46sexies if a confidential file has been opened in this context.";
(2) in paragraph 1, paragraph 2 is supplemented by the words "and the measure referred to in article 46sexies.";
(3) in paragraph 1, paragraph 3, the words "and the measure referred to in article 46sexies" shall be inserted between the words "observation and infiltration" and the words "which have been applied";
(4) in paragraph 2, the paragraphs 4 and 5 are replaced by the following: "for specific research observation and infiltration methods and measurement referred to in article 46sexies, she can hear, separately and without parts, the investigating judge and the judicial police officer referred to in article 47sexies, § 3, 6 °, and 47octies, § 3, (6), and the officer of the judicial police responsible for leading the implementation of the measure referred to in article 46sexies."
The indictments chamber may load the investigating judge to hear police officials responsible for carrying out observation and infiltration, the civilian referred to in article 47octies, § 1, paragraph 2, pursuant to sections 86bis and 86ter, officers responsible for implementing the measure referred to in article 46sexies and article 46sexies civil , § 1, paragraph 2. She can decide to be present at the hearing conducted by the investigating judge or delegate a member to that effect. ";
(5) in paragraph 3, paragraph 1 the words "in article 47septies, § 1, paragraph 2, or 47novies, § 1, paragraph 2," are replaced by the words "to articles 46sexies, § 3, paragraph 7, 47septies, § 1, paragraph 2, or 47novies, § 1, paragraph 2,";
(6) in paragraph 4 the words "observation or infiltration and referred to in article 47octies, civil § 1, paragraph 2" shall be replaced by the words "observation, infiltration or the measure referred to in article 46sexies, and the civilian referred to in articles 46sexies, § 1, paragraph 3, and 47octies, § 1, paragraph 2".
Art.
26. in article 235quater of the Code, inserted by the Act of 27 December 2005, the following changes are made: (1) in paragraph 1, subparagraph 1, the

words "and of the measure referred to in article 46sexies if a confidential file has been opened in this context," shall be inserted between the words "observation and infiltration" and the words "which have been applied".
(2) in paragraph 1, paragraph 2, the words "for which observations and infiltration were decided by the public prosecutor or the investigating judge" shall be replaced by the words "for which observations and infiltration and the measure referred to in article 46sexies, if a confidential file has been opened in this context, were decided by the public prosecutor or the investigating judge";
(3) in paragraph 2, paragraph 2, is replaced by the following: "for specific research observation or infiltration methods and measurement referred to in article 46sexies, she can hear, separately and without parts, the investigating judge and the judicial police officer referred to in article 47sexies, § 3, 6 °, and 47octies, § 3, (6), and the officer of the judicial police responsible for leading the implementation of the measure referred to in article 46sexies.";
(4) in paragraph 3, paragraph 1, the words "in article 47septies, § 1, paragraph 2, or 47novies, § 1, paragraph 2" shall be replaced by the words "in articles 46sexies, § 3, paragraph 7, 47septies, § 1, paragraph 2 or 47novies, § 1, paragraph 2".
(5) in paragraph 4 the words "observation or infiltration and referred to in article 47octies, civil § 1, paragraph 2" shall be replaced by the words "observation, infiltration or the measure referred to in article 46sexies, and the civilian referred to in articles 46sexies, § 1, paragraph 3, and 47octies, § 1, paragraph 2".
Art.
27. A section 464/13 of the same Code, inserted by the law of 11 February 2014, the following changes are made: a) paragraph 1 is replaced by the following: "§ 1." The EPE magistrate or the police department required may, by reasoned, written decision require the actors referred to in clause 2 to provide the following information: (1) identification of a Subscriber or user usual service referred to in paragraph 2, second indent, or to the electronic means of communication used;
(2) the identification of the services referred to in paragraph 2, second indent, to which a given person subscribes or which are usually used by a specific person.
The following actors are required to work in accordance with paragraph 1:-the operator of a network of electronic communications;
-Anyone who puts at disposal or supply on the Belgian territory, any way, a service that is to transmit signals via electronic communications networks or to allow users to obtain, receive or disseminate information via an electronic communications network.
Is also including the provider of an electronic communications service. ";
(b) paragraph 2 is replaced by the following: "§ § 2 2." Participants referred to the § 1, paragraph 2, provide all the information available in real-time or, if applicable, at the time specified in the decision, in the manner prescribed by the royal decree taken in execution of article 46bis, § 2, paragraphs 1 and 2.
Any person who refuses to communicate the data, or who does not provide real-time or, if necessary, at the time specified in the requisition is punishable by a fine of twenty-six euros to ten thousand euros. "."
Art. 28 A article 464/25 of the same Code, inserted by the law of 11 February 2014 and amended by the Act of May 29, 2016, the following changes are made: (1) in paragraph 1, subparagraph 1, the words "an operator of an electronic communications network or the provider of an electronic communication service" are replaced by the words "the actors referred to in paragraph 2";
(2) in paragraph 1, a written paragraph as follows is inserted between paragraphs 1 and 2: "the following actors are required to work in accordance with paragraph 1:-the operator of a network of electronic communications;"
-Anyone who puts at disposal or supply on the Belgian territory, any way, a service that is to transmit signals via electronic communications networks or to allow users to obtain, receive or disseminate information via an electronic communications network. Is also including the provider of an electronic communications service. ";
(3) paragraph 2 is replaced by the following: "§ § 2 2." Participants referred to the § 1, paragraph 2, communicate the required information in real time or, if necessary, at the time specified in the decision, in the manner prescribed by the royal decree taken in execution of article 88bis, § 4, paragraphs 1 and 3.
Any person who refuses to lend technical assistance to the requisitions referred to in this article or don't lend it not real-time or, if applicable, at the time specified in the decision is punishable by a fine of twenty-six euros to ten thousand euros. "."
TITLE 3. -Changes of the Code penal Art. 29. in book II, title IV, of the penal Code, the title of Chapter VA inserted by the law of 30 June 1994, is replaced by the following: "Chapter VA - interception, of knowledge and not accessible to the public communications recording and data from a computer system".
Art. 30. article 259bis of the same Code, inserted by the Act of 30 June 2004 and amended by the law of 30 November 1998 and may 15, 2006, the following changes are made: has) in paragraph 1, the (1) is replaced by the following: "(1) is, intentionally, using a device, intercepts or done intercept, becomes aware or made aware" recorded or registered not accessible communication to the public, that he does take part, without the consent of all the participants to these communications";
(b) in paragraph 1, the (3) is replaced by the following: "(3) is, knowingly, holds, reveals or discloses to another person the contents of communications not accessible to the public or data from a computer system illegally intercepted or recorded, or which he took knowledge illegally, or use knowingly any way information obtained in this way.";
(c) in paragraph 2, the words "communications or private telecommunications" are replaced by the words "not accessible to the public communications." or data from a computer system.
Art.

31. in book II, title V of the Code, the title of chapter VIIIbis, inserted by the law of June 30, 1994, is replaced by the following: "Chapter VIIIbis - offences related to secrecy not accessible to the public communications and data of a computer system".
Art. 32. A article 314bis of the Code, inserted by the law of June 30, 1994 and amended by the law of May 15, 2006, the following changes are made: has) in paragraph 1, the (1) is replaced by the following: "(1) is, intentionally, using a device, intercepts did intercept, becomes aware or made aware, recorded or registered not accessible to the public communication" , to which he shall not, without the consent of all the participants in these communications; ";
(b) paragraph 2 is replaced by the following: "§ § 2 2." Will be punished with imprisonment from six months to two years and a fine of five hundred euros to twenty thousand euros or only one of these penalties, anyone who holds, reveals or discloses knowingly to another person the content not accessible to the public communications or data from a computer system illegally intercepted or recorded, or which he took knowledge illegally , or use in a way any information obtained in this way.
Will be punished with the same penalty anyone who, with fraudulent intent or deliberately harm, uses a check, legally, not accessible to the public communications or data from a computer system. "."
TITLE 4. -Creation of a database of voice prints art. 33. technical data allowing the recognition of people, being or have been subject to a measure of interception of telecommunications article 90ter, § 1, of the Code of procedure criminal, and which are referred to in article 44/5, § 3, 1 °, of the law of August 5, 1992 on police functions, are kept for 10 years maximum in the national General referred to in the Act database to help identify these people as part of listening records made at the request of the judicial authorities.
In addition to these technical data, this database also contains data number file, to the competent magistrate and the concerned judicial district.
Technical data referred to in paragraph 1 are distinct from recordings made in the context of the implementation of the measure referred to in article 90ter, § 1 of the Criminal Code. These records are not affected by this article.
The purposes and modalities of data processing are those provided for in articles 44/7 to 44/11/1 of the law of August 5, 1992 on police functions.
Enact this Act, order that it is apposed to the seal of the State and published in the Moniteur belge.
Given in Brussels, 25 December 2016.
PHILIPPE by the King: the Minister of Justice, K. GEENS sealed with the seal of the State: the Minister of Justice, K. GEENS _ Note (1) House of representatives (www.lachambre.be) Documents: 54 1966.
Full transcript: December 22, 2016.

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