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June 8, 1867. - CRIMINAL CODE (NOTE 1: See the Act of 10 July 1996 on the abolition of the death penalty and amending criminal penalties, in particular Article 3, 1996-07-10/42) (NOTE: art. Amended with effect from 71 at an undetermined date by <L 2007-04-21/01, article 123, 068; Effective: indefinite and later 01-03-2013>) (NOTE: art. 7 amended with effect from a date unknown <L 2007-04-26/89, art. 2, 069; Effective: indefinite and later 01-03-2013>) (NOTE: art. 5 as amended with effect from a date unknown <L 2007-05-15/61, article 188, 070; Effective: indéterminée>) (NOTE: Viewing previous versions from 05-04-1990 and update 30-03-2010)

Posted: 09-06-1867 Number: 1867060850 page: 3133 File number: 1867-06-08/01 Entry into force: 15-10-1867

Contents

BOOK 1. - OFFENCES AND PUNISHMENT IN GENERAL. CHAPTER I. - OFFENCES. Art. 1-6 CHAPTER II. - PENALTIES. SECTION I. - DIVERSE SPECIES OF PENALTIES. Art. 7, 7a SECTION II. - CRIMINAL PENALTIES. Art. 8-24 SECTION III. - IMPRISONMENT OF CORRECTIONS. Art. 25-27


SECTION IV. - THE IMPRISONMENT OF POLICE. Art. 28-29 (PROVISIONS COMMON TO SECTIONS II, III and IV). <L 18-03-1970, art. 1> Art. 30, 30a, 30ter SECTION V. - PENALTIES APPLICABLE TO CRIMES AND OFFENSES. Sub-section I. - (Sentences common crimes and offenses applicable to individuals). <Inserted by L 199905-04/60, art. 5, 024; Effective: 02-07-1999> Art. 31-34 Subsection Ierbis. - From available to the court of enforcement of sentences <Inserted by L 2007-0426/89, art. 3, Effective: undetermined later than 01-03-2013> Art. 34bis, 34ter, 34quater, 34quinquies Sub-section II. - (Sentences common crimes and offenses applicable to legal persons). <Inserted by L 1999-05-04/60, art. 6, In force: 02-07-1999> Art. 35-37, 37bis SECTION Va. - THE PENALTY OF WORK <L 2002-04-17/33 Inserted by art. 3, In force: 07-05-2002> Art. 37ter, 37quater, 37quinquies SECTION VI. - PENALTIES APPLICABLE TO THREE SPECIES OF INFRINGEMENT. Sub-section I. - (From the fine applicable to individuals). <Inserted by L 1999-05-04/60, art. 7, In force: 02-07-1999> Art. 38-41 Sub-section II. - (From the fine applicable to legal persons). <Inserted by L 1999-05-04/60, art. 8, In force: 02-07-1999> Art. 41bis Sub-section III. - (Special confiscation). <Inserted by L 1999-05-04/60, art. 9, In force: 02-07-1999> Art. 42-43, 43bis, 43ter, 43c CHAPTER III. - OTHER SENTENCES THAT MAY BE IMPOSED FOR CRIMES, CRIMES OR VIOLATIONS. Art. 44-50, 50a

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CHAPTER IV. - THE ATTEMPT TO CRIME OR FELONY. Art. 51-52 CHAPTER V. - THE RECURRENCE. Art. 53-57 CHAPTER VI. - CONTEST OF SEVERAL VIOLATIONS. Art. 58-65 CHAPTER VII. - PARTICIPATION OF SEVERAL PERSONS AT THE SAME CRIME OR FELONY. Art. 66-69 CHAPTER VIII. - CAUSES OF JUSTIFICATION AND EXCUSE. Art. 70-78 CHAPTER IX. - MITIGATING CIRCUMSTANCES. Art. 79-85 CHAPTER X. - EXTINCTION OF SENTENCES. Art. 86-99 (GENERAL PROVISIONS). <L 2000-11-28/35, art. 2, In force: 27-03-2001> Art. 100, 100bis, 100ter BOOK 2. - VIOLATIONS AND SANCTIONS IN PARTICULAR. TITLE I. - CRIMES AND CRIMES AGAINST THE SAFETY OF THE STATE. CHAPTER I. - ATTACKS AND PLOTS AGAINST THE KING AND THE ROYAL FAMILY AGAINST AGAINST THE FORM OF GOVERNMENT. Art. 101-112 CHAPTER II. - CRIMES AND CRIMES AGAINST EXTERNAL SECURITY STATE. Art. 113-118, 118a, 119-120, 120bis, 120ter, 120quater, 120quinquies, 120sexies, 120septies, 120octies, 121, 121a, 122, 122bis, 123, 123bis, 123ter, 123quater, 123quinquies, 123sexies, 123septies, 123octies, 123nonies, 123decies CHAPTER III. - CRIMES AGAINST THE INTERNAL SECURITY OF THE STATE. Art. 124-135, 135bis, 135ter, 135quater, 135quinquies 3


PROVISIONS COMMON TO THIS TITLE. Art. 136 TITLE Ibis. - Serious violations of international humanitarian law. <L 2003-08-05/32 inserted by art. 6, In force: 07-08-2003> Art. 136a, 136ter, 136quater, 136Quinquies, 136sexies, 136septies, 136octies TITLE Iter. - TERRORIST OFFENCES. <Inserted by L 2003-12-19/34, art. 2, In force: 08-01-2004> Art. 137-141, 141bis, 141ter TITLE II. - CRIMES AND OFFENSES THAT AFFECT THE RIGHTS GUARANTEED BY THE CONSTITUTION. CHAPTER I. - OFFENCES RELATING TO THE EXERCISE OF POLITICAL RIGHTS. <Repealed by L 2003-1219/34, art. 10, 046 In force: 08-01-2004> CHAPTER I. - OFFENCES RELATING TO FREEDOM OF WORSHIP. <L 2003-12-19/34, art. 11, 046 In force: 08-01-2004> Art. 142-146 CHAPTER II. - VIOLATIONS OF PUBLIC OFFICIALS MADE BY THE RIGHTS GUARANTEED BY THE CONSTITUTION. <L 2003-12-19/34, art. 12, 046 In force: 08-01-2004> Art. 147-159 TITLE III. - CRIMES AND CRIMES AGAINST PUBLIC FAITH. CHAPTER I. - THE COUNTERFEIT MONEY. Art. 160-170 SPECIAL PROVISIONS. Art. 171-172 CHAPTER II. - OR INFRINGEMENT OF FORGERY OF GOVERNMENT SECURITIES, SHARES, BONDS, INTEREST COUPONS AND BANKNOTE PERMITTED BY LAW. Art. 173-178 CHAPTER IIa. <Inserted by L 2001-12-10/31, art. 19, In force: 01-01-2002> - PROTECTION OF MONEY SIGNS WHICH IS LEGAL. Art. 178bis, 178ter CHAPTER III. - TAMPERING OR INFRINGEMENT OF SEALS, STAMPS, RAVIOLI, TRADEMARKS, ETC. 4


Art. 179-185, 185a, 186-187, 187a, 188-190, 190bis, 191 PROVISIONS COMMON TO THE THREE PRECEDING CHAPTERS. Art. 192, 192bis, 192ter CHAPTER IV. - FALSE ENTRIES IN CLERK, COMPUTER AND THE TELEGRAPH WIRES. <L 2000-11-28/34, art. 2, 028; Effective: 13-02-2001> Art. 193 SECTION I. - FALSE ENTRIES IN AUTHENTIC AND PUBLIC IN SCRIPTURE OF TRADE OR PRIVATE BANK AND WRITINGS. Art. 194-197 SECTION II. - FALSE PASSPORT IN THE CLERK, PORTS OF ARMS BOOKS, AND CERTIFICATES ROADMAPS. Art. 198-199, 199bis, 200-210 SECTION IIa. - False computer. <L 2000-11-28/34 inserted by art. 4, In force: 13-02-2001> Art. 210bis SECTION III. - FALSE CLERK IN THE TELEGRAPH WIRES. Art. 211-212 PROVISIONS COMMON TO THE PREVIOUS FOUR CHAPTERS. Art. 213-214 CHAPTER V. - THE FALSE TESTIMONY AND FALSE OATH. Art. 215-221, 221bis, 222-223, 223bis, 224-226 CHAPTER VI. - FUNCTION OF THE THEFT OF SECURITIES OR NAMES. Art. 227, 227bis, 227ter, 228-232 TITLE IV. - (CRIMES AND CRIMES AGAINST PUBLIC ORDER COMMITTED BY PERSONS WHO ARE A PUBLIC OR BY MINISTERS OF WORSHIP IN THE EXERCISE OF THEIR MINISTRY.) <L 1999-02-10/39, art. 2, 023; Effective: 02-04-1999> CHAPTER I. - COALITION OF OFFICIALS. Art. 233-236 CHAPTER II. - ENCROACHMENT OF ADMINISTRATIVE AND JUDICIAL AUTHORITIES. 5


Art. 237-239 CHAPTER III. - (A MISUSE, misappropriation AND TAKING INTEREST COMMITTED BY PERSONS WHO ARE A PUBLIC). <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Art. 240-244 (...). <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Art. 245 CHAPTER IV. - (CORRUPTION OF PERSONS WHO ARE A PUBLIC). <L 1999-02-10/39, art. 4, 023; Effective: 02-04-1999> Art. 246-253 CHAPTER V. - ABUSE OF AUTHORITY. Art. 254-259 CHAPTER Va. - The sheets, the acknowledgment and recording private communications and telecommunications. <Inserted by L 1994-06-30/49, art. 1, In force: 03-02-1995> Art. 259b PROVISIONS COMMON TO THE PRECEDING CHAPTERS. Art. 260 CHAPTER VI. - THE YEAR OF THE PUBLIC AUTHORITIES ILLEGALLY OR EARLY EXTENDED. Art. 261-262 CHAPTER VII. - SOME CRIMES RELATING TO THE CONDUCT OF ACTS OF CIVIL STATUS. Art. 263-265 SPECIAL PROVISION. Art. 266 CHAPTER VIII. - OFFENCES COMMITTED BY THE MINISTERS OF WORSHIP IN THE EXERCISE OF THEIR MINISTRY. Art. 267-268 TITLE V. - CRIMES AND OFFENSES AGAINST PUBLIC ORDER COMMITTED BY INDIVIDUALS. CHAPTER I. - THE REBELLION. 6


Art. 269-274 CHAPTER II. - OUTRAGES AND OF VIOLENCE AGAINST MINISTERS, MEMBERS OF THE LEGISLATIVE CHAMBERS, THE DEPOSITORY OR AUTHORITY OF THE FORCE PUBLIC. Art. 275-279, 279a, 280-281, 281bis, 281ter, 282 CHAPTER III. - BREAKING THE SEAL. Art. 283-288 CHAPTER IV. - MADE OF BARRIERS TO IMPLEMENTATION OF PUBLIC WORKS. Art. 289-291 CHAPTER V. - CRIMES AND CRIMES OF SUPPLIERS. Art. 292-298 CHAPTER VI. - PUBLICATION OR DISTRIBUTION WITHOUT WRITTEN INDICATION OF NAME AND ADDRESS OF THE AUTHOR OR THE PRINTER. Art. 299-300 CHAPTER VII. - VIOLATIONS OF THE LAWS AND REGULATIONS ON LOTTERIES, GAME AND HOUSES HOUSES READY TO WAGES. Art. 301-308 CHAPTER VIII. - OFFENCES RELATING TO INDUSTRY, TRADE AND PUBLIC AUCTION. Art. 309-314 CHAPTER VIIIbis. - Offences relating to confidentiality of private communications and telecommunications. <Inserted by L 1994-06-30/49, art. 2, In force: 03-02-1995> Art. 314bis CHAPTER IX. - SOME OTHER PUBLIC ORDER OFFENCES. SECTION I. - VIOLATIONS OF LAWS BURIALS. Art. 315 SECTION II. - (OF OBSTACLES TO THE EXERCISE OF JUDICIAL FUNCTION). <L 10-10-1967, art. 140> Art. 316, 316bis, 317-318 SECTION III. - OFFENCES RELATING TO EPIZOOTIES. 7


Art. 319-321 TITLE VI. - CRIMES AND CRIMES AGAINST PUBLIC SAFETY. CHAPTER I. - (ASSOCIATION FORMED FOR THE PURPOSE OF attempt TO PERSONS OR PROPERTIES and CRIMINAL ORGANIZATION). <L 1999-01-10/49, art. 2, 022; Effective: 08-03-1999> Art. 322-324, 324bis, 324b, 325-326 CHAPTER II. - (THREAT OF ATTACK AGAINST PERSONS OR PROPERTIES, AND FALSE INFORMATION TO SEVERE ATTACKS). <L 04-07-1972, art. 5> Art. 327-328, 328bis, 329-331, 331bis CHAPTER III. - THE ESCAPE OF PRISONERS. Art. 332-337 CHAPTER IV. - BREACH OF BAN AND SOME RECELEMENTS. Art. 338-341 CHAPTER V. - OFFENCES AGAINST PUBLIC SAFETY BY CLERK OR VAGABONDS BEGGARS. Art. 342-347 TITLE VIa. - (CRIMES RELATING TO THE HOSTAGE-TAKING). <L 02-07-1975, art. 1> Art. 347 bis TITLE VII. - CRIMES AND CRIMES AGAINST THE ORDER OF FAMILIES AND AGAINST PUBLIC MORALITY. CHAPTER I. - OF ABORTION. Art. 348-353 CHAPTER II. - (Repealed) <L 2000-11-28/35, art. 51, In force: 27-03-2001> Art. 354-360, 360bis CHAPTER III. - CRIMES AND CRIMES OF INTENDED TO PREVENT OR DESTROY THE EVIDENCE OF MARITAL STATUS OF THE CHILD. Art. 361-366 CHAPTER IV. - (Repealed) <L 2000-11-28/35, art. 52, In force: 27-03-2001> Art. 368-369, 369bis, 370-371 CHAPTER V. - THE ATTACK OF THE MODESTY AND RAPE. 8


Art. 372, 372bis, 373-377, 377bis, 378, 378bis CHAPTER VI. - (CORRUPTION OF YOUTH AND PROSTITUTION). <L 26-05-1914, art. 4> Art. 379-380, 380bis, 380ter, 380quater, 380quinquies, 381, 381bis, 382, 382bis, 382ter CHAPTER VII. - OF PUBLIC MORALS OUTRAGES. Art. 383, 383bis, 384-386, 386bis, 386ter, 387-389 CHAPTER VIII. - (THE BIGAMY.) <L 2000-11-28/35, art. 27, In force: 27-03-2001> Art. 390-391 CHAPTER IX. - ABANDONMENT OF FAMILY. Art. 391bis, 391ter CHAPTER X. - Crimes and offenses relating to adoption. <L 2003-04-24/32 inserted by art. 7, Effective: unspecified> Art. 391quater, 391quinquies CHAPTER XI. - From forced marriage. <L 2007-04-25/76, art. 2, In force: 25-06-2007> Art. 391sexies TITLE VIII. - CRIMES AND CRIMES AGAINST PERSONS. CHAPTER I. - (OF HOMICIDE AND INJURY OF VOLUNTARY TORTURE AND INHUMAN TREATMENT TREATMENT DEGRADING.) <L 2002-06-14/42, art. 4, 036; Effective: 24-08-2002> Art. 392, 392bis SECTION I. - THE MURDER AND ITS OTHER SPECIES. Art. 393-397 SECTION II. - THE VOLUNTARY MANSLAUGHTER MURDER AND UNQUALIFIED INJURY VOLUNTEERS. Art. 398-401, 401bis, 402-405, 405bis, 405ter, 405quater, 406-410, 410bis SECTION III. - HOMICIDE OF INJURY, AND SHOTS excusable. Art. 411-415 SECTION IV. - HOMICIDE OF INJURY, AND SHOTS JUSTIFIED. Art. 416-417

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Section V. - <L 2002-06-14/42 inserted by art. 5, In force: 24-08-2002> From torture, inhuman and degrading treatment Art. 417 bis, 417 ter, 417quater, 417quinquies CHAPTER II. - OF HOMICIDE AND INJURY INVOLUNTARY. Art. 418-419, 419bis, 420, 420bis, 421-422 SOME ABSTENTIONS GUILTY. Art. 422bis, 422ter, 422quater CHAPTER III. - (Violations minors, incapacitated and the family.) <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> Section I. - <L 2000-11-28/35, art. 31, In force: 27-03-2001> From neglect and abandonment of children or incapable in need. Art. 423-424 Section II. - <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> The deprivation of food or care imposed on minors or incompetents. Art. 425-426 Section III. - <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> Provisions common to Sections I and II. Art. 427 Section IV. - <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> From kidnapping and concealment of minors. Art. 428 Section V. - The non-representation of children. Art. 431-432 Section VI. - From the use of minors for criminal or tortious. <L 2005-08-10/62 inserted by art. 3, In force: 02-09-2005> Art. 433 Section VII. - From the invasion of privacy of the minor. <L 2005-08-10/62 inserted by art. 5, In force: 0209-2005> Art. 433bis 10


CHAPTER IIIa. - The exploitation of begging <L 2005-08-10/61 Inserted by art. 6, In force: 12-09-2005> Art. 433ter, 433quater CHAPTER IIIter. - The human trafficking <L 2005-08-10/61 Inserted by art. 9, In force: 12-09-2005> Art. 433quinquies, 433sexies, 433septies, 433octies, 433novies CHAPTER IIIquater. - From the abuse of the vulnerability of others by selling, renting or making available property for a profit abnormal <Inserted by L 2005-08-10/61, art. 15, In force: 12-09-2005> Art. 433decies, 433undecies, 433duodecies, 433terdecies, 433quaterdecies, 433quinquiesdecies CHAPTER IV. - ATTACKS ON FREEDOM AND INDIVIDUAL RESIDENTIAL INVIOLABILITY COMMITTED BY INDIVIDUALS. Art. 434-438, 438bis, 439-442 CHAPTER IVa. - (Inserted by section <L 1998-10-30/34, 2, Effective: 27-12-1998>) HARASSMENT. Art. 442bis, 442ter CHAPTER V. - VIOLATIONS DOORS TO HONOR OR THE CONSIDERATION OF PEOPLE. Art. 443-452 SPECIAL PROVISION. Art. 453, 453bis CHAPTER VI. - SOME OTHER OFFENCES AGAINST PERSONS. Art. 454-458, 458bis, 459-460, 460bis, 460ter TITLE IX. - CRIMES AND CRIMES AGAINST PROPERTY. CHAPTER I. - FLIGHT and extortion. Art. 461-462 SECTION I. - WITHOUT VIOLENCE COMMITTED FLIGHT OR THREATS. Art. 463-467 SECTION II. - FLIGHT WITH CLERK OF VIOLENCE OR THREATS and extortion. Art. 468-476 SECTION IIa. - (FLIGHT IN NUCLEAR MATERIALS and extortion). <L 17-04-1986, art. 2>

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Art. 477, 477bis, 477ter, 477quater, 477quinquies, 477sexies SECTION III. - (THE MEANING OF CERTAIN TERMS USED IN THIS CODE). <L 02-07-1975, art. 5> Art. 478-487, 487bis SPECIAL PROVISION. Art. 488 CHAPTER Ibis. - (THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL). <L 17-04-1986, art. 4> Art. 488bis CHAPTER II. - FRAUDS. SECTION I. - (OFFENCES RELATING TO THE STATUS OF BANKRUPTCY.) <L 1997-08-08/80, art. 117 In force: 01-01-1998> Art. 489, 489bis, 489ter, 489quater, 489quinquies, 489sexies, 490, 490bis SECTION II. - OF BREACH OF TRUST. Art. 491-492, 492bis, 493-495, 495bis SECTION III. - THE FRAUD AND DECEIT. Art. 496-497, 497bis, 498-501, 501bis, 502-504 SECTION IIIa. - <L 1999-02-10/39 Inserted by art. 5, In force: 02-04-1999> From private corruption. Art. 504bis, 504ter SECTION IIIa. - Computer-related fraud. <L 2000-11-28/34 inserted by art. 5, In force: 13-02-2001> Art. 504quater SECTION IV. - (From recèlement and other transactions relating to goods resulting from an offense.) <L 1990-07-17/30, art. 4, 004; Effective: 25-08-1990> Art. 505, 505bis, 506 SECTION V. - SOME OTHER FRAUD. Art. 507, 507bis, 508, 508bis, 508ter, 509, 509bis, 509ter, 509quater CHAPTER III. - DESTRUCTION, DAMAGE, DAMAGE. SECTION I. - THE FIRE.

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Art. 510-514, 514bis, 515-520 SECTION II. - DESTRUCTION OF BUILDINGS, OF STEAM AND TELEGRAPH EQUIPMENT. Art. 521-525, 525bis SECTION III. - DESTRUCTION OR DEGRADATION OF GRAVES, MONUMENTS, WORKS OF ART, SECURITIES, OR OTHER DOCUMENTS PAPER. Art. 526-527 SECTION IV. - DESTRUCTION OR DAMAGE TO FOOD, MERCHANDISE OR OTHER SECURITIES PROPERTIES. Art. 528-532, 532bis, 533-534 Section IVa. - Graffiti and degradation of real estate properties. <L 2007-01-25/39 inserted by art. 3 Effective: 02-03-2007> Art. 534bis, 534ter, 534quater SECTION V. - Destruction and devastation CROP, PLANTS, TREES, GRAFT AND GRAIN FODDER AND DESTRUCTION OF INSTRUMENTS OF AGRICULTURE. Art. 535-537 SECTION VI. - DESTRUCTION OF ANIMALS. Art. 538-542 SECTION VII. - PROVISIONS COMMON TO PREVIOUS SECTIONS. Art. 543-544 SECTION VIII. - DESTRUCTION OF FENCES, OR THE MOVEMENT OF THE ABOLITION OF POSTS AND FEET corner posts. Art. 545-546 SECTION IX. - DESTRUCTION AND DAMAGE BY FLOODS. Art. 547-550 TITLE IXbis. - Offences against the confidentiality, integrity and availability of computer systems and data are stored, processed or transmitted by these systems. <L 2000-11-28/34 inserted by art. 6, In force: 1302-2001> Art. 550bis, 550ter TITLE X. - OF VIOLATIONS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> 13


CHAPTER I. - VIOLATIONS OF FIRST CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-042005> Art. 551-554 CHAPTER II. - VIOLATIONS OF SECOND CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-042005> Art. 555-558 CHAPTER III. - VIOLATIONS OF THE THIRD CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 0104-2005> Art. 559-562 CHAPTER IV. - VIOLATIONS OF THE FOURTH CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> Art. 563-564 PROVISIONS COMMON TO FOUR PRECEDING CHAPTERS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> Art. 565-566 Text Table of Contents Beginning

BOOK 1. - OFFENCES AND PUNISHMENT IN GENERAL.

CHAPTER I. - OFFENCES. Article 1. The laws punish the offense a felony is a crime. The laws punish the offense a misdemeanor is a crime. The offense laws punish a summary offense is a contravention. Art. 2. No offense is punishable by penalties that were not made by law before the offense was committed. If the penalty established at the time of judgment differs from that which was paid at the time of the offense, the penalty will be applied the less strong.

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Art. 3. The offense is committed in the territory of the kingdom, by Belgians or foreigners is punishable in accordance with Belgian law. Art. 4. The offense committed outside the territory of the kingdom, by Belgians or foreigners, is punishable in Belgium, as in the cases determined by law. Art. 5. <L 1999-05-04/60, art. 2, 024; Effective: 02-07-1999> Any legal person is criminally responsible for offenses that are intrinsically linked to the achievement of its purpose or the defense of its interests, or those whose facts demonstrate that were made on his behalf. Where the liability of the legal person is engaged solely as a result of the intervention of an identified natural person, only the person who committed the biggest mistake may be ordered. If the individual has identified the mistake knowingly and intentionally, it can be ordered at the same time as the legal person responsible. Are treated as legal persons: 1 momentary associations and associations in participation; 2 companies referred to in Article 2, paragraph 3, of the coordinated laws on commercial companies, as well as commercial companies in training; 3 civil societies have not taken the form of a commercial company. Can not be regarded as legal persons criminally liable for the purposes of this section: the federal government, regions, communities, provinces, the city of Brussels, municipalities (areas pluricommunales,) territorial bodies intra-communal, the French Community Commission, the Flemish Community Commission, the Commission for Community centers and public welfare. <L 2002-04-26/30, art. 133, 034; Effective: 30-04-2002> Art. 6. Courts and courts continue to apply the special laws and regulations in all matters not regulated by this Code.

CHAPTER II. - PENALTIES. SECTION I. - DIVERSE SPECIES OF PENALTIES. Art. 7. Penalties for offenses (committed by natural persons) are: <L 1999-05-04/60, art. 3, 024; Effective: 02-07-1999> Criminal: (1 째 confinement; 2 detention.) <L 1996-07-10/42, art. 4, 018; Effective: 11-08-1996> 15


(Correctional or police: 1 imprisonment, 2 worth of work. The penalties provided for in 1 and 2 can not be applied cumulatively.) <L 2002-04-17/33, art. 2, 035; Effective: 07-05-2002> Criminal and misdemeanor: 1 ° forfeiture of certain civil and political rights; 2 (...) <L 09-04-1930, art. 32> Criminal, correctional and police: 1 ° a fine; 2 Special confiscation. Art. 7a. <Inserted by L 1999-05-04/60, art. 4, In force: 02-07-1999> The penalties for offenses committed by legal persons are: criminal, correctional and police: 1 ° a fine; 2 special confiscation; special confiscation under Article 42, 1 °, pronounced against legal persons under public law, can not carry on a civil seizure of goods; criminal and misdemeanor: 1 the dissolution thereof may be imposed with respect to legal persons under public law; 2 ° prohibition to exercise an activity within the corporate purpose, except for activities that are a public service mission; 3 ° the closure of one or more establishments, with the exception of establishments where activities are carried out under the control of a mission of public service; 4 ° the publication or dissemination of the decision.

SECTION II. - CRIMINAL PENALTIES. Art. 8. <L 1996-07-10/42, art. 5, 018, Effective: 11-08-1996> The imprisonment is life imprisonment or time. 16


Art. 9. <L 1996-07-10/42, art. 6, 018; Effective: 11-08-1996> The prison time is imposed for a term of: 1 five to ten years; 2 ten to fifteen years; 3 fifteen to twenty years; 4 twenty to thirty years. Art. 10. <L 1996-07-10/42, art. 7, 018; Effective: 11-08-1996> Detention is life or time. Art. 11. <L 1996-07-10/42, art. 8, 018; Effective: 11-08-1996> The detention time is imposed for a term of: 1 five to ten years; 2 ten to fifteen years; 3 fifteen to twenty years; 4 twenty to thirty years. Art. 12. <L 2006-05-15/35 restored by art. 19, 056; Effective: 16-10-2006> The imprisonment or life imprisonment is imposed in respect of a person who was not older than eighteen years at the time of the crime. Art. 13. (Repealed) <L 1996-07-10/42, art. 21, 018; Effective: 11-08-1996> Art. 14. (Repealed) <L 1996-07-10/42, art. 21, 018; Effective: 11-08-1996> Art. 15. (Repealed) <L 18-03-1970, art. 3> Art. 16. (Repealed) <L 1996-07-10/42, art. 21, 018; Effective: 11-08-1996> Art. 17. (Repealed) <L 1996-07-10/42, art. 21, 018; Effective: 11-08-1996> Art. 18. <L 2003-01-23/42, art. 7, 040; Effective: 13-03-2003> Stopping sentencing to life imprisonment or life imprisonment, the imprisonment or detention of twenty to thirty years will be printed and displayed in extract the municipality where the crime has been committed and that which the judgment is rendered. Art. 19. <L 2003-01-23/42, art. 8, 040; Effective: 13-03-2003> All stops sentence of life imprisonment or life imprisonment, to life in time, holding twenty to thirty years or fifteen to twenty years will deliver against the prisoners, the removal of titles, degrees, features, jobs and public offices for which they are coated.

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The Assize Court may order the dismissal against the sentenced custody of ten to fifteen years or five years to ten years.

Art. 20. (Repealed) <L 1996-07-10/42, art. 21, 018, ED: 11-08-1996> Art. 21. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, article 169, 050; Effective: 15-01-2007>) Art. 22. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, art. 169, 050; Effective: 15-01-2007) Art. 23. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, article 169, 050; Effective: 15-01-2004>) Art. 24. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, article 169, 050; Effective: 15-01-2007>)

SECTION III. - IMPRISONMENT OF CORRECTIONS. Art. 25. [1 The term of imprisonment correctional, except as provided by law, at least eight days and five years. She is five years if it is a crime punishable by imprisonment of five to ten years has been correctionnalisé. It is more than ten years if it is a crime punishable by imprisonment of ten to fifteen years has been correctionnalisé. She is fifteen years at most if it is a crime punishable by imprisonment of fifteen to twenty years has been correctionnalisé. It is twenty years or more if it is a crime punishable by imprisonment of twenty to thirty years or life imprisonment was correctionnalisé.] 1 The duration of one day of imprisonment is twenty-four hours. The duration of one month's imprisonment is thirty days. ---------(1) <L 2009-12-21/14, art. 2, 075; Effective: 21-01-2010> Art. 26. (Repealed) <L 1996-07-10/42, art. 21, 018; Effective: 11-08-1996>

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Art. 27. (Repealed) <L 18-03-1970, art. 3>

SECTION IV. - THE IMPRISONMENT OF POLICE. Art. 28. Imprisonment for violation can not be less than a day and seven days, except in the cases excepted by law. Art. 29. (Repealed) <L 1996-07-10/42, art. 21, 018, ED: 11-08-1996>

(PROVISIONS COMMON TO SECTIONS II, III and IV). <L 18-03-1970, art. 1> Art. 30. Any period of detention until the sentence is irrevocable, as a result of the offense giving rise to the conviction, will be charged on the length of sentences involving deprivation of liberty. (Any interim measure of solitary closed under section 52quater the Act of 8 April 1965 on the protection of youth, the care of minors who committed an offense and qualified to repair the damage in fact or in law of 1 March 2002 on the temporary placement of minors having committed an offense is alleged to have described the same condition on the length of sentences involving deprivation of liberty which the person removed pursuant to Article 57a of the Act of April 8, 1965 above is doomed.) <L 2006-05-15/35, art. 20, 056; Effective: 01-10-2007> Art. 30a. <Inserted by L 1996-07-10/42, art. 13, In force: 11-08-1996> The sentenced involving deprivation of liberty undergo their sentences in institutions appointed by the King. Art. 30ter. (Former Article 30a) (Repealed) <L 2005-01-12/39, art. 169, 050; Effective: 15-01-2007> +++++++++++

SECTION V. - PENALTIES APPLICABLE TO CRIMES AND OFFENSES. Sub-section I. - (Sentences common crimes and offenses applicable to individuals). <Inserted by L 199905-04/60, art. 5, 024; Effective: 02-07-1999> Art. 31. (All stops sentence of imprisonment or life imprisonment or imprisonment for a term of ten to fifteen years or a term greater) will deliver against the prisoners, the prohibition of the right to life: <L 1996 -07-10/42, art. 14, 018, ED: 11-08-1996> 1 째 perform functions, jobs or offices; 2 (...) eligibility; <L 12-04-1894, art. 130> 3 째 carrying no decorations, no title of nobility; 19


4 To be sworn expert witness thereto or certifier acts, to testify in court as to otherwise provide simple information; (5 째 To be appointed as guardian, guardian or trustee, if not their children, as also of the duties of the judicial council (, administrator of the property of a presumed absent) or provisional administrator.) <L 2001-04-29/39, art. 73, 030; Effective: 01-08-2001> <L 2007-05-09/44, art. 48, 067; Effective: 01-072007> 6 (manufacture, modify, repair, sell, hold, carry, transport, import, export or transit of weapons or ammunition, or to serve in the Armed Forces.) <L 2006-06-08/30, art. 38, 057; Effective: 09-06-2006> [1 The judgments of conviction referred to in the preceding paragraph can also speak out against the ban on prisoners voting rights in perpetuity or for twenty to thirty years.] 1 ---------(1) <L 2009-04-14/01, art. 2, 073; Effective: 15-04-2009> Art. 32. (See NOTE in TITLE) The criminal courts may prohibit, in whole or in part, in perpetuity or for ten to twenty years, the rights [1 listed] 1 in the preceding article, convicted to life (five to ten years) or detention. <L 2003-01-23/42, art. 10, 040; Effective: 13-03-2003> ---------(1) <L 2009-04-14/01, art. 3, 073; Effective: 15-04-2009>

Art. 33.Les courts may, in the cases provided by law, prohibit, in whole or in part, condemned corrections, the rights enumerated in [1 Article 31, paragraph 1] 1 for a term five to ten years. ---------(1) <L 2009-04-14/01, art. 4, 073; Effective: 15-04-2009> Art. 33a. [1 The courts can prohibit convicted correctional exercise of the right referred to in Article 31, paragraph 2, for a term of five to ten years.] 1 ---------(1) <L 2009-04-14/01 Inserted by art. 5, 073; Effective: 15-04-2009> Art. 34. The duration of the ban established by the judgment or decree of condemnation, run the day or the convicted person shall have been prescribed sentence. The ban will produce, in addition, its effects, the date on which the sentence is contradictory or default irrevocable.

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(The prohibition in respect of a convicted benefit from a total or partial suspension of the execution of his sentence under the law of 29 June 1964 on the suspension, the suspension and probation, run of the day where the conditional take over as long as it is not revoked.) <L 2003-12-22/42, art. 380, 047; Effective: 10-01-2004, applies when it enters into force, including the convicts who receive or have received a suspended sentence) Subsection Ierbis. - From available to the court of enforcement of sentences <Inserted by L 2007-0426/89, art. 3, Effective: undetermined later than 01-03-2013> Art. 34a. <Inserted by L 2007-04-26/89, art. 3, Effective: undetermined later than 01-03-2013> available to the court's application of penalties is an additional penalty which must or may be made as provided by law for the protection society towards people who commit certain serious offenses prejudicial to the integrity of people. This additional penalty takes effect at the end of the main actual imprisonment or imprisonment.

Art. 34ter. <Inserted by L 2007-04-26/89, art. 3, Effective: undetermined later than 01-03-2013> The courts pronounce a made available to the court in the application of penalties for a minimum period of five years and a maximum of fifteen years, taking courses term of the principal penalty effective, within the following sentences: 1 ° convictions on the basis of Article 54, unless the previous sentence was imposed for a political crime; 2 convictions which, on the basis of Article 57, find a recurrence of crime on crime, unless the previous sentence was imposed for a political crime; 3 sentences a criminal penalty on the basis of Articles 137, if the offense resulted in death, 376, paragraph 1, 417 ter, paragraph 3, 2, and 428, § 5. Art. 34quater. <Inserted by L 2007-04-26/89, art. 3, Effective: undetermined later than 01-03-2013> The courts may impose a available to the court in the application of penalties for a minimum period of five years and a maximum of fifteen years, taking over at the end of the main penalty effective, within the following sentences: 1 sentences against persons who, having been sentenced to at least five years' imprisonment for acts intentionally causing great suffering or serious injury to body or health physical or mental, is again convicted of similar offenses within ten years from the date on which the sentence has the force of res judicata; 2 convictions on the basis of Articles 136a to 136septies, 347 bis, § 4, 1 °, ultimately, 393-397, 417quater, paragraph 3, 2, 433octies, 1, 475, 518, paragraph 3, and 532 ;

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3 sentences on the basis of Articles 372, 373, paragraphs 2 and 3, 375, 376, paragraphs 2 and 3, 377, paragraphs 1, 2, 4 and 6. Art. 34quinquies. <Inserted by L 2007-04-26/89, art. 3, Effective: undetermined later than 01-03-2013> In the case where the making available to the court the application of penalties is not legally binding, the procedures relating to offenses that form the basis of recidivism are attached to the file of the proceedings and the reasons for the decision are specified. Sub-section II. - (Sentences common crimes and offenses applicable to legal persons). <Inserted by L 1999-05-04/60, art. 6, In force: 02-07-1999>

Art. 35. <L 1999-05-04/60, art. 6, 024; Effective: 02-07-1999> The dissolution may be decided by the judge when the corporation was intentionally created to carry out the activities for which it is punishable convicted or when the object was intentionally diverted to to perform such activities. Deciding the dissolution, the judge refers the case to the court having jurisdiction of the liquidation of the corporation. Art. 36. <L 1999-05-04/60, art. 6, 024; Effective: 02-07-1999> The temporary or permanent disqualification from exercising an activity falling within the objects of the corporation may be decided by the judge in the cases provided by law. Art. 37. <L 1999-05-04/60, art. 6, 024; Effective: 02-07-1999> The temporary or permanent closure of one or more establishments of the corporation may be decided by the judge in the cases provided by law. Art. 37bis. <Inserted by L 1999-05-04/60, art. 6, In force: 02-07-1999> The publication or dissemination of the decision at the expense of the convicted may be ordered by the court in cases determined by law. SECTION Va. - THE PENALTY OF WORK <L 2002-04-17/33 Inserted by art. 3, In force: 07-05-2002> Art. 37ter. <Inserted by L 2002-04-17/33, art. 3, In force: 07-05-2002> ยง r first. When a fact is likely to result in a sentence of police or a misdemeanor, the judge may order as a main sentence to a term of employment. The judge states, within the limits of penalties for the offense and the law according to its referral, imprisonment or fine that may be applicable in case of non-execution of the sentence of work. Worth of work may be imposed for the offenses referred: - Article 347 bis; - Articles 375 to 377; - Articles 379 (387), if the acts were committed on minors or using minors <L 2006-05-17/35, art. 103, 058; Effective: 01-02-2007>

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- Articles 393 to 397; - Article 475. Art. 43. Special Confiscation (applicable to items referred to in points 1 and 2 of Article 42) must be pronounced for a criminal offense. <L 1990-07-17/30, art. 2, 004; Effective: 25-08-1990> It will not be imposed for contravention in cases determined by law. Art. 43bis. <Inserted by L 1990-07-17/30, art. 3, 004; Effective: 25-08-1990> (Special confiscation applies to things referred to in Article 42, 3 °, can still be ordered by the court, but only to the extent that it is required by writing by the prosecutor.) <L 2002-12-19/86, art. 1, 039; Effective: 24-02-2003> If these things can be found in the offender's assets, the court will review their monetary and confiscate an amount of money which will be equivalent. When things seized belong to the civil party, they will be returned to him. Things it will be confiscated even when the assigned judge has ordered the confiscation on the ground that they constitute goods or substituted by values sentenced to things belonging to the civil party or because they are the equivalent of such things within the meaning of paragraph 2 of this article. Any other party claiming the right thing forfeited may exercise this right within a period and in a manner determined by the King. Art. 43ter. <Inserted by L 1997-05-20/50, art. 12 Effective: 13-07-1997> Special confiscation applies to things covered (Articles 42, 43a and 43c) may also be imposed when these things are outside the territory of Belgium. <L 2002-12-19/86, art. 3, 039; Effective: 24-02-2003> Art. 43c. <L 2002-12-19/86 inserted by art. 4, In force: 24-02-2003> § 1. Without prejudice to Article 43a, paragraphs 3 and 4, the pecuniary benefits referred to in § 2, the properties and values that were substituted and revenue benefits found in invested assets or in the possession of a person can at the request of the prosecutor, be confiscated or that person may be ordered to pay an amount that the court considers to be the value of these things if she was convicted: (A) one or more offenses: 1 Article 136sexies and in point 1 of Article 136septies; (1 ° to section 137, provided that such offenses are punishable by the penalties provided in Article 138, § 1, 4 ° to 10 °, and are likely to generate profits and 140, provided that such crime or offense is likely to generate profits ;) <L 2006-12-27/32, art. 390, 062; Effective: 07-01-2007> 2 Articles 246 to 251 and Article 323; (2 bis. 433sexies Articles, 433septies (, 433octies 433undecies and 433duodecies ;)) <L 2005-08-10/61, art. 3, 053; Effective: 12-09-2005> <L 2006-02-09/33, art. 1, 055; Effective: 10-03-2006>

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3 Articles 504bis and 504ter and Article 323; 4 Article 2a, § 1 of the Law of 24 February 1921 concerning the traffic of poisonous substances, soporific, narcotic, disinfectant or antiseptic to the extent that the facts are on the importation, exportation, manufacture, sale or sale of substances referred to in this section or in § 3, b) or § 4, b) of the Act; 5 ° (Articles 77ter, and 77quater 77quinquies) of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners; <L 2005-08-10/61, art. 3, 053; Effective: 12-09-2005> 6 Article 10, § 1, 2 ° of the Law of 15 July 1985 on the use of substances having hormonal, antihormonal, beta-adrenergic or production stimulating effects in animals. b) the offenses referred to in Article 324b, or one or more offenses listed below, when committed as part of a criminal organization, as defined in Article 324bis: (1 Articles 162, 163, 173, 180 and 186 ;) <L 2006-12-27/32, art. 391, 062; Effective: 07-01-2007> (1 bis) sections 379 or 380 (and 383bis, § 1) <L 2006-12-27/32, art. 391, 062; Effective: 07-01-2007> 2 Articles 468, 469, 470, 471 or 472; 3 Article 475; 4 Articles 477, 477bis, 477ter, 47quater, 477quinquies, 477sexies or 488bis; 5 ° Article 505, with the exception of things covered by Article 42, 1; (5 ° to Article 2c, 4 ° of the Law of 24 February 1921 concerning the trade of poisons, stupefying, narcotic, psychotropic, disinfectant or antiseptic substances and can be used in the illicit manufacture of narcotic drugs and psychotropic substances ;) <L 2006-12-27/32, art. 391, 062; Effective: 07-01-2007> 6 Article 10 of the Law of 5 August 1991 on the import, export and transit of arms, ammunition and equipment intended specifically for military use and related technology; 7 Article 1 of the Royal Decree of 12 April 1974 relating to certain transactions involving substances with hormonal action, antihormonal, anabolic, beta-adrenergic, anti-infectious, antiparasitic, antiinflammatory, for offenses punishable by execution Law of 24 February 1921 concerning the traffic of poisonous substances, soporific, narcotic, disinfectant or antiseptic; 8 Articles 3 and 5 of the Royal Decree of 5 February 1990 on beta-adrenergic substances for offenses punishable pursuant to the Act of 25 March 1964 on drugs. c) two or more offenses charged in a collective manner and whose seriousness of purpose and the mutual allow the court to decide and certainly necessarily mean that these acts were committed in the

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context of serious and organized tax fraud for which were mechanisms or processes used particularly complex international. § 2. Confiscation referred to in § 1 may be imposed against the perpetrators, conspirators and accomplices convicted of one or more of the offenses listed in this section and the conditions set out in § 1 if the offender has acquired during a relevant period then additional material benefits that there are indications that serious and concrete these stem from the offense for which he was sentenced or identical facts and the condemned could not make plausible the opposite. The opposite can also be made plausible by any third party claiming to be entitled to these benefits. § 3. Is considered relevant for the purposes of this Article the period beginning five years before the indictment of the person and up to the date of delivery. Serious and concrete indices referred to in § 2 can be drawn from all parts trustworthy that were submitted to the court on a regular basis and show some interest imbalance between, on the one hand, a temporary increase or constant Heritage and expenditure condemned during the relevant period, which the Crown proves, and on the other hand, the temporary increase or constant Heritage and spending convicted during this period for which it can make it plausible that they do not arise from acts for which he was sentenced or identical facts. It should be understood by the fact that the same facts are the qualifications referred to in § 1 and that were a) under the same qualifications as the offense which is the subject of the sentence; b) in a related qualification, provided it is listed under the same heading, under § 1, a), the offense which is the subject of the sentence. When the court orders the special confiscation under this Article, it may decide to ignore part of the relevant period or income, assets and values that determines if it considers such action appropriate not to submit a sentence unreasonably burdensome. § 4. Heritage available to a criminal organization shall be forfeited, subject to the rights of bona fide third parties.

CHAPTER III. - OTHER SENTENCES THAT MAY BE IMPOSED FOR CRIMES, CRIMES OR VIOLATIONS. Art. 44. The conviction to the penalties established by law be pronounced without prejudice refunds and damages which may be due to the parties. Art. 45. When the law did not set damages, the court or tribunal shall determine the amount, but could not pronounce the application to any work, even with the consent of the injured party.

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Art. 46. (Repealed) <L 31-01-1980, art. 4, 1> Art. 47. (Repealed) <L 31-01-1980, art. 4, 1> Art. 48. (Repealed) <L 31-01-1980, art. 4, 1> Art. 49. When the condemned property will be insufficient to cover the fine sentences, restitution and damages, the last two sentences are preferably used. When competing with the fine court costs owed to the State, payments made by the convicts will be charged in the first place on these charges. (These payments interrupt the limitation period as fine as the court costs.) <L 2006-12-27/32, art. 302, 062; Effective: 07-01-2007> Art. 50. All individuals convicted of the same offense are held jointly refunds and damages. They are jointly and severally liable for costs when they were convicted by the same judgment or order. However, the judge may waive all or some reasons for this exemption, and determining the proportion of costs to be borne by each of them individually. Individuals convicted by separate judgments or decisions are jointly liable for the acts cooler than tracking them were common. Art. 50a. <Inserted by L 1999-05-04/60, art. 10, ED: 02-07-1999> No one may be held civilly liable for the payment of a fine to which another person is sentenced, if convicted for the same offense.

CHAPTER IV. - THE ATTEMPT TO CRIME OR FELONY. Art. 51. There are punishable attempt when the resolution to commit a crime or offense has been manifested by external acts which constituted the first execution of this crime or that crime, and who have been suspended or failed their effect by circumstances beyond the control of the author.

Art. 52. Attempted crime is punishable by the penalty immediately below that of the same crime, in accordance with Articles 80 and 81.

CHAPTER V. - THE RECURRENCE. Art. 53. The law determines when and what penalties are punishable offenses attempts. Art. 54. (See NOTE in TITLE) <L 2003-01-23/42, art. 12, 040; Effective: 13-03-2003> Whoever, having been convicted of a felony, commits a felony carrying imprisonment of five to ten years, may be sentenced to imprisonment of ten to fifteen years. 26


If the crime carries imprisonment of ten to fifteen years, the offender may be sentenced to imprisonment of fifteen to twenty years. He will be sentenced to seventeen years at least this sentence if the crime carries imprisonment of fifteen to twenty years. Art. 55. (See NOTE in TITLE) Whoever, having been convicted of a felony, commits an offense punishable by imprisonment of five to ten years, may be sentenced to imprisonment of ten to fifteen years. If the crime is punishable by imprisonment of ten to fifteen years, the offender may be sentenced to (holding fifteen to twenty years). <L 2003-01-23/42, art. 13, 040; Effective: 13-03-2003> He was sentenced to seventeen years under detention, if the crime carries (holding fifteen to twenty years). <L 2003-01-23/42, art. 13, 040; Effective: 13-03-2003> Art. 56. Whoever, after a conviction for a felony, commits an offense may be sentenced to twice the maximum supported by the law against crime. The same penalty may be imposed for a prior conviction to imprisonment for at least one year, if the offender committed the new offense before the expiration of five years since he has been prescribed or sentence. (Paragraph 3 repealed) <L 09-04-1930, art. 32>

Art. 57. The rules for recidivism will be applied in accordance with the preceding articles, if previous conviction handed down by a military court for a crime or offense is described by the ordinary criminal laws, and a penalty imposed by these laws. If this is a penalty imposed by military law has been passed, the courts, in assessing the recurrence relation that will have minimum sentence that is punished by the first judgment was result from ordinary criminal laws.

CHAPTER VI. - CONTEST OF SEVERAL VIOLATIONS. Art. 58. Any individual convicted of several offenses incur the penalty each. (When prison work is given, the duration of these can be combined up to three hundred hours.) <L 2002-04-17/33, art. 4, 035; Effective: 07-05-2002> Art. 59. In conjunction with one or more offenses with one or more offenses, all fines (the sentences work) and sentences of imprisonment Corrections will be accumulated within the limits established by the following article. <L 2002-04-17/33, art. 5, 035; Effective: 07-05-2002> 27


Art. 60. <L 01-02-1977, art. 5> In conjunction with several offenses, the penalties are cumulative, however they can not exceed twice the maximum sentence stronger. In any case, the penalty shall not exceed twenty years imprisonment (or three hundred hours worth of work). <L 2002-04-17/33, art. 6, 035; Effective: 07-05-2002> Art. 61. When a crime contributes or with one or more offenses, or with one or more offenses, the punishment of crime shall be pronounced only. Art. 62. (See NOTE in TITLE) In conjunction with several crimes, the penalty will be the largest single handed. This penalty may be even higher than five years above the maximum, if it is in (a prison sentence or detention of fifteen to twenty years or a term of less). <L 2003-01-23/42, art. 14, 040; Effective: 13-03-2003>

Art. 63. (See NOTE in TITLE) <L 2003-01-23/42, art. 15, 040; Effective: 13-03-2003> The severest penalty is one whose duration is longer. If the sentences are the same length, the confinement is considered a heavier penalty than imprisonment. Art. 64. Sentences of special confiscation, due to several crimes, misdemeanors or petty offenses, will always cumulative. Art. 65. <L 1994-07-11/33, art. 45, 012; Effective: 31-07-1994> When the same act constitutes several offenses or when different offenses simultaneously subjected to the same judge of the event funds are successive and continuous in the same criminal intent, the penalty will be the greater only pronounced. If the court finds that offenses having previously been a final decision and other facts before it and, even if established, are prior to the decision and provide with the first manifestation successive and continues in the same criminal intent, it is, for the sentencing, the sentences already imposed. If they seem to him sufficient for a penalty for all offenses, it shall decide on the guilt and returns its decision to sentences already imposed. The total sentence imposed under this section shall not exceed the maximum sentence stronger.

CHAPTER VII. - PARTICIPATION OF SEVERAL PERSONS AT THE SAME CRIME OR FELONY. Art. 66. Shall be punished as perpetrators of a crime or offense: Those who have completed or have directly cooperated in its execution; Those who, by any act whatsoever, have lent support to the execution such that, without their assistance, the crime or offense had not been committed; Those who, by gifts, promises, threats, abuse of authority or power, machinations or culpable artifice, directly incited the crime or the offense; 28


(Those who, either through speeches at meetings or in public places, or by written or printed, any images or emblems, which have been displayed, distributed or sold, offered for sale or exposed to public view , have led directly to the commission, without prejudice to the penalties provided by law against the perpetrators of incitement to crimes or offenses, even if these provocations were not implemented.) <L 28 -07 to 1934, art. 1, I>

Art. 67. Shall be punished as accomplices to a crime or a misdemeanor: Those who have given instructions to commit it; Those who procured weapons, instruments, or any other means used to commit the offense, knowing that they were to be used; Who, except as specified in ยง 3 of Article 66, shall, with knowledge, aided or abetted the perpetrator or perpetrators of the crime or offense in the facts which have prepared or convenience, or those who have consumed. Art. 68. Those who, knowing the criminal conduct of criminals engaged in robberies or violence against the state security, public peace, people or property, they usually have provided shelter, retreat or meeting, shall be punished as their accomplices. Art. 69. Accomplices of a crime shall be punished by the penalty next lower than they would incur if they were perpetrators, pursuant to Articles 80 and 81 of this Code. The sentence against the accomplices of a crime shall not exceed two-thirds of that which would apply if they were perpetrators of this crime.

CHAPTER VIII. - CAUSES OF JUSTIFICATION AND EXCUSE. Art. 70. (Except for the offenses defined in Book II, Title Ibis, there is no offense), when the fact was ordered by law and ordered by the authority. <L 2003-08-05/32, art. 3, 044; Effective: 07-08-2003> Art. 71. There is no infringement where the accused or the accused was insane at the time of the done, or has been constrained by a force that he could not resist. Art. 72. (Repealed) <L 15-05-1912, art. 64> Art. 73. (Repealed) <L 15-05-1912, art. 64> Art. 74. (Repealed) <L 15-05-1912, art. 64> Art. 75. (Repealed) <L 15-05-1912, art. 64> Art. 76. (Repealed) <L 09-04-1930, art. 32> 29


Art. 77. (Repealed) <L 1996-07-10/42, art. 21, 018, ED: 11-08-1996> Art. 78. No crime or offense can not be excused, if not in the cases determined by law.

CHAPTER IX. - MITIGATING CIRCUMSTANCES. Art. 79. If there are extenuating circumstances, criminal penalties are reduced or modified in accordance with the following provisions. Art. 80. <L 2001-12-11/50, art. 2, 033 In force: 17-02-2002> Life imprisonment will be replaced by a prison sentence or a sentence of at least three years. Imprisonment for twenty to thirty years' imprisonment by fifteen to twenty years or less or a term imprisonment for three years at least. Imprisonment of fifteen to twenty years, by imprisonment for ten to fifteen years or five years or ten years or by imprisonment for at least one year. Imprisonment of ten to fifteen years, by imprisonment of five to ten years or by imprisonment for at least six months. Imprisonment of five to ten years, or imprisonment for at least one month. Art. 81. <L 2003-01-23/42, art. 16, 040; Effective: 13-03-2003> The scope of life imprisonment for crimes against the external security of the state will be replaced by the detention time or by imprisonment for at least one year. The sentence of imprisonment of twenty to thirty years the detention of fifteen to twenty years or less or a term of imprisonment at least one year. The sentence of imprisonment of fifteen to twenty years in the custody of ten to fifteen years or five years or ten years or by imprisonment of at least one year. The sentence of imprisonment of ten to fifteen years by the detention of five to ten years or by imprisonment for at least six months. The penalty of imprisonment from five years to ten years imprisonment for at least one month. Art. 82. <L 23-08-1919, art. 2> In the case of competition laid down in Articles 61 and 62 of the Penal Code, if, due to extenuating circumstances, criminal penalties are reduced at the rate of correctional penalties, the trial court may nevertheless not pronounce a single sentence. Art. 83. The criminal fine may be reduced, but it can in no case be less than twenty-six [euros]. Art. 84.Les convicted criminal whose sentence has been commuted to imprisonment, may be sentenced to a fine of twenty-six [euros] a thousand [euros]. 30


[1 They may be sentenced to the prohibition of all or part of the rights mentioned in Article 31, paragraph 1, for at least ten years and twenty years or more for crimes punishable by imprisonment for more than twenty years, and for at least five years and up to ten years for other crimes.] 1 (Paragraph 3 repealed) <L 09-04-1930, art. 32> ---------(1) <L 2009-12-21/14, art. 3, 075; Effective: 21-01-2010> Art. 85. (If there are extenuating circumstances, imprisonment, sentences work and fines may respectively be reduced below eight days, forty-five hours and twenty-six U.S. without they may be less than the sentences police.) <L 2002-04-17/33, art. 7, 035; Effective: 07-05-2002> Judges may also apply separately either both. If the door is only imprisonment, the Court may substitute a fine not exceeding five hundred [EUR]. If the prohibition of the rights enumerated in [1 Article 31, paragraph 1] 1 (...) is ordered or authorized, the judges will decide the punishment for a term of one to five years, or rely entirely . <L 09-04-1930, art. 32> ---------(1) <L 2009-04-14/01, art. 7, 073; Effective: 15-04-2009> CHAPTER X. - EXTINCTION OF SENTENCES. Art. 86. The sentences imposed by or judgments become irrevocable turned off by the death of the condemned. (The loss of legal personality of the convicted legal person does not extinguish the sentence.) <L 1999-05-04/60, art. 11, 024; Effective: 02-07-1999> Art. 87. Disabilities imposed by judges or attached by law to cease certain convictions by submitting that the King can do under the law of grace. Art. 88. (Repealed) <L 09-04-1930, art. 32> Art. 89. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, article 169, 050; Effective: 15-01-2007>) Art. 90. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, article 169, 050; Effective: 15-01-2007>) Art. 91. (Except for the penalties for the offenses defined in Articles 136a, and 136ter 136quater, to prescribe criminal penalties) by twenty completed years from the date or judgments that pronounced. <L 2003-08-05/32, art. , 044; Effective: 07-08-2003>

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Art. 92. Corrections to prescribe penalties for five years elapsed, from the date of the judgment or judgment as a last resort, or the date on which the judgment at first instance can no longer be attacked by means of the appeal. If the sentence exceeds three years, the requirement shall be ten years. Art. 93. Sentences police prescribe by a full year, as stated times in the previous article.

Art. 94. Sentences (...) of the fine and special confiscation prescribe deadlines in the preceding articles, as they are pronounced for crimes, misdemeanors or petty offenses. <L 09-04-1930, art. 32> Art. 95. If the offender who is serving out his sentence managed to escape, prescription begins to run from the day of the escape. However, in this case, deducted from the period of limitation the time during which the convicted person has served his sentence beyond five years if it is a felony temporary or beyond two years, if c is a misdemeanor. Art. 96. Prescribing the penalty shall be interrupted by the arrest of the offender. Art. 97. (Repealed) <L 09-04-1930, art. 32> Art. 98. (Repealed) <L 09-04-1930, art. 32> Art. 99.Les civil judgments pronounced by the decisions or judgments in criminal, correctional or police, prescribe according to the rules of civil law, the date on which they will become irrevocable. [1 Subsection 2 Repealed.] 1 ---------(1) <L 2009-12-21/14, art. 4, 075; Effective: 21-01-2010> (GENERAL PROVISIONS). <L 2000-11-28/35, art. 2, In force: 27-03-2001> Art. 100. (Unless otherwise provided in special laws and regulations, the provisions of the first book of this Code shall apply to offenses under these laws and regulations, with the exception of Chapter VII (...), and Article 85.) <L 09-04-1930, art. 32> (Paragraph 2 repealed) <L 04-08-1986, art. 105> Art. 100bis. <L 28-07-1934, art. 1 II> They are applied without exception for persons who are not subject to military criminal law, participated in a crime or an offense under the Military Penal Code. However, the sentence is replaced by a military prison and dismissal same time, worn as a principal penalty by imprisonment from two months to three years.

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Art. 100ter. <Inserted by L 2000-11-28/35, art. 3, 029; Effective: 27-03-2001> Where use is made of the term "minor" in the provisions of Book II, it refers to the person who has not attained the age of eighteen . BOOK 2. - VIOLATIONS AND SANCTIONS IN PARTICULAR. ยง 2. The duration of a work placement can not be less than twenty hours or more than three hundred hours. A work placement or less than forty-five hours is a sentence of police. Sentenced to work more than forty-five hours is a misdemeanor. Worth of work must be carried out within twelve months after the date on which the judgment has the force of res judicata. The Committee on probation may ex officio or at the request of the condemned extend that period. ยง 3. When work is proposed penalty by the judge, as required by the prosecutor or requested by the defendant, the judge shall inform the latter, before the closure of the debate on the scope of such a sentence and understood in its observations. The judge may also consider, in this regard, the interests of potential victims. The judge may impose the penalty of work if the accused is present or represented at the hearing and after he gives, either in person or through his counsel, his consent. The judge refused to impose a penalty of work must justify its decision. ยง 4. The judge determines the length of the sentence work and can provide guidance on the specific content of the sentence work.

Art. 37quater. <Inserted by L 2002-04-17/33, art. 3, ED: 07-05-2002> ยง 1. The penalty work is done for free by the offender during the time left by its potential educational or professional activities. Worth of work can be performed as with the public services of the State, municipalities, provinces, communities and regions and with non-profit or charitable foundations, social, scientific or cultural. Worth of work can be a work in the public service or the designated association is typically performed by paid workers. ยง 2. For the application of Article 37ter, the prosecutor, the judge, the investigating judges and trial court may instruct the Section of the Department of Justice houses (SPF Justice) of the district court of the place of residence of the accused, the accused or convicted of a report summary information and / or a social survey. <L 2006-12-27/33, art. 35, 1, 061; Effective: 07-01-2007> (The King shall determine the rules summary report information and social inquiry. These reports and surveys can only contain elements relevant to enlighten the authority that sent the request to the Houses of Justice on whether the measure or barely considered.) <L 2006-12-27 / 33, art. 35, 2, 061; Effective: 07-01-2007> 33


§ 3. (Each section of the District Department of Justice houses SPF Justice sets twice a year a report of existing activities that lend themselves to the fulfillment of the penalty work.) Section shall provide copies of this report to the presiding judge Trial and prosecutor of the district concerned and, on request, to any person who can demonstrate an interest. <L 2006-12-27/33, art. 35, 3, 061; Effective: 07-01-2007> (§ 4. Both the federal and local structures for consultation on the application of the death penalty work is created. Such structures have a mission to meet on a regular basis by the relevant authorities the execution of the penalty work to assess their collaboration. King shall adopt rules of composition and functioning of these structures for consultation.) <L 2006-12-27/33, art. 35, 4, 061; Effective: 07-012007>

Art. 37quinquies. <Inserted by L 2002-04-17/33, art. 3, In force: 07-05-2002> § 1. Sentence which condemned the work has been imposed under Article 37ter is followed by a judicial assistant of the Department of Justice houses (SPFJustice) of the district court of the place of residence of the offender. <L 2006-12-27/33, art. 36, 1, 061; Effective: 07-01-2007> The execution of the sentence of community work is monitored by the Committee Probation place of residence of the convicted to which judicial assistant reported. § 2. When the court imposing a sentence work has the force of res judicata, the clerk shall within twenty-four hours expedition Chairman of the Committee on probation as well as competent (section Competent Service District houses of justice SPF Justice), which means without delay judicial assistant referred to in § 1. The identity of the judicial assistant is communicated in writing to the board of probation, which shall inform within seven working days the condemned (by letter). <L 2006-12-27/33, art. 36, 2 ° and 3 °, 061; Effective: 07-01-2007> (The jurisdiction of the Committee on probation is determined by the place of residence of the convicted when the judgment or decision goes res judicata. When the person resides outside the territory of the Kingdom, the Commission probation territorial jurisdiction is that of the place where the sentence was imposed in the first instance. Where, in exceptional circumstances, the Committee considers it appropriate for a sentenced to a work that makes a reasoned request to that effect, to transfer jurisdiction to the commission of his new place of residence, it takes a reasoned decision after that another committee has given its assent within two months. For a person without residence in the Kingdom, the skill can be transferred in the same manner to another probation commission, without any requirement in this case whether the commission of his new place of residence.) <L 2006-12-27/33, art. 36, 4, 061; Effective: 07-01-2007> § 3. After having heard the person and take into account its observations, the judicial assistant determines the specific content of the sentence, in accordance with the indications referred to in Article 37ter, § 4, under the supervision of the Committee on probation, motion, at the request of the public 34


prosecutor or at the request of the convicted person may, at any time, and also in accordance with the indications referred to in Article 37ter, ยง 4, clarify and adapt. (The actual content of the work is notified penalty in an agreement signed by the prisoner, whose judicial assistant hands him a copy. Wizard justice communicates a copy of the agreement signed with the Commission probation within three working days.) <L 2006-12-27/33, art. 36, 5, 061; Effective: 0701-2007> ยง 4. In case of total or partial failure of the death penalty work, judicial assistant shall promptly inform the Commission of probation. The Committee shall convene the condemned by registered more than ten days before the date fixed for the hearing of the case and inform the Board. The record of the commission is made for five days at the disposal of the condemned and his council. The commission, sitting outside the presence of the public prosecutor, prepare a summary report or motivated, as appropriate, to the application of the alternative sanction. (The report is sent by letter to the offender, the prosecutor.) And the judicial assistant.) <L 2006-1227/33, art. 36, 6, 061; Effective: 07-01-2007> In this case, the prosecutor may decide to execute the sentence or fine in the court, and taking into account the work that has just been executed by the condemned.

SECTION VI. - PENALTIES APPLICABLE TO THREE SPECIES OF INFRINGEMENT. Sub-section I. - (From the fine applicable to individuals). <Inserted by L 1999-05-04/60, art. 7, In force: 02-07-1999> Art. 38. The penalty for violation is a [euro] and at least twenty-five [euros] in addition, except in cases excepted by law. The penalty for a crime or offense is twenty-six [euro] at least. Fines will be levied for the benefit of the State. Art. 39. The fine is imposed individually against each row due to the same offense.

Art. 40. In default of payment within the period of two months from the date of the judgment or decree, if contradictory, or its meaning, it is by default, the fine may be replaced by imprisonment for a term be determined by the judgment or decision of conviction and not exceeding six months for those sentenced for crime, convicted three months due to crime, and sentenced to three days due to contravention.

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Convicts subjected to imprisonment subsidiary may be retained in the house where they were the main sentence. If it was given a fine or imprisonment, to undergo, in default of payment, to imprisonment is considered correctional or police, depending on the nature of the conviction. Art. 41. In all cases, the offender may be released from this prison by paying the fine, he can not escape prosecution on property offering undergo imprisonment. Sub-section II. - (From the fine applicable to legal persons). <Inserted by L 1999-05-04/60, art. 8, In force: 02-07-1999> Art. 41bis. <Inserted by L 1999-05-04/60, art. 8, In force: 02-07-1999> § 1. The fines for offenses committed by legal persons are: criminal and misdemeanor: - When the law provides for the fact that deprivation of liberty for life, a fine of two hundred and forty thousand [euros] to seven hundred and twenty thousand [euros]; - When the law provides for the fact that a sentence of imprisonment and a fine, or one of these penalties: a minimum fine of five hundred [EUR] multiplied by the number of months the minimum imprisonment and not be less than the minimum fine provided for in fact, the maximum is two thousand [euros] multiplied by the number of months to the maximum term of imprisonment, and without being able to be less double the maximum fine for the fact; - When the law provides for a fine fact: the minimum and maximum are those provided by law for the act; policing: - A fine of twenty-five [EUR] two hundred and fifty [EUR]. § 2. For sentencing under § 1, the provisions of Book I are applicable. Sub-section III. - (Special confiscation). <Inserted by L 1999-05-04/60, art. 9, In force: 02-07-1999> Art. 43. Special Confiscation (applicable to items referred to in points 1 and 2 of Article 42) must be pronounced for a criminal offense. <L 1990-07-17/30, art. 2, 004; Effective: 25-08-1990> It will not be imposed for contravention in cases determined by law.

Art. 43bis. <Inserted by L 1990-07-17/30, art. 3, 004; Effective: 25-08-1990> (Special confiscation applies to things referred to in Article 42, 3 °, can still be ordered by the court, but only to the extent that it is required by writing by the prosecutor.) <L 2002-12-19/86, art. 1, 039; Effective: 24-02-2003>

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If these things can be found in the offender's assets, the court will review their monetary and confiscate an amount of money which will be equivalent. When things seized belong to the civil party, they will be returned to him. Things it will be confiscated even when the assigned judge has ordered the confiscation on the ground that they constitute goods or substituted by values sentenced to things belonging to the civil party or because they are the equivalent of such things within the meaning of paragraph 2 of this article. Any other party claiming the right thing forfeited may exercise this right within a period and in a manner determined by the King. Art. 43ter. <Inserted by L 1997-05-20/50, art. 12 Effective: 13-07-1997> Special confiscation applies to things covered (Articles 42, 43a and 43c) may also be imposed when these things are outside the territory of Belgium. <L 2002-12-19/86, art. 3, 039; Effective: 24-02-2003> Art. 43c. <L 2002-12-19/86 inserted by art. 4, In force: 24-02-2003> § 1. Without prejudice to Article 43a, paragraphs 3 and 4, the pecuniary benefits referred to in § 2, the properties and values that were substituted and revenue benefits found in invested assets or in the possession of a person can at the request of the prosecutor, be confiscated or that person may be ordered to pay an amount that the court considers to be the value of these things if she was convicted: (A) one or more offenses: 1 Article 136sexies and in point 1 of Article 136septies; (1 ° to section 137, provided that such offenses are punishable by the penalties provided in Article 138, § 1, 4 ° to 10 °, and are likely to generate profits and 140, provided that such crime or offense is likely to generate profits ;) <L 2006-12-27/32, art. 390, 062; Effective: 07-01-2007> 2 Articles 246 to 251 and Article 323; (2 bis. 433sexies Articles, 433septies (, 433octies 433undecies and 433duodecies ;)) <L 2005-08-10/61, art. 3, 053; Effective: 12-09-2005> <L 2006-02-09/33, art. 1, 055; Effective: 10-03-2006> 3 Articles 504bis and 504ter and Article 323; 4 Article 2a, § 1 of the Law of 24 February 1921 concerning the traffic of poisonous substances, soporific, narcotic, disinfectant or antiseptic to the extent that the facts are on the importation, exportation, manufacture, sale or sale of substances referred to in this section or in § 3, b) or § 4, b) of the Act; 5 ° (Articles 77ter, and 77quater 77quinquies) of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners; <L 2005-08-10/61, art. 3, 053; Effective: 12-09-2005>

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6 Article 10, § 1, 2 ° of the Law of 15 July 1985 on the use of substances having hormonal, antihormonal, beta-adrenergic or production stimulating effects in animals. b) the offenses referred to in Article 324b, or one or more offenses listed below, when committed as part of a criminal organization, as defined in Article 324bis: (1 Articles 162, 163, 173, 180 and 186 ;) <L 2006-12-27/32, art. 391, 062; Effective: 07-01-2007> (1 bis) sections 379 or 380 (and 383bis, § 1) <L 2006-12-27/32, art. 391, 062; Effective: 07-01-2007> 2 Articles 468, 469, 470, 471 or 472; 3 Article 475; 4 Articles 477, 477bis, 477ter, 47quater, 477quinquies, 477sexies or 488bis; 5 ° Article 505, with the exception of things covered by Article 42, 1; (5 ° to Article 2c, 4 ° of the Law of 24 February 1921 concerning the trade of poisons, stupefying, narcotic, psychotropic, disinfectant or antiseptic substances and can be used in the illicit manufacture of narcotic drugs and psychotropic substances ;) <L 2006-12-27/32, art. 391, 062; Effective: 07-01-2007> 6 Article 10 of the Law of 5 August 1991 on the import, export and transit of arms, ammunition and equipment intended specifically for military use and related technology; 7 Article 1 of the Royal Decree of 12 April 1974 relating to certain transactions involving substances with hormonal action, antihormonal, anabolic, beta-adrenergic, anti-infectious, antiparasitic, antiinflammatory, for offenses punishable by execution Law of 24 February 1921 concerning the traffic of poisonous substances, soporific, narcotic, disinfectant or antiseptic; 8 Articles 3 and 5 of the Royal Decree of 5 February 1990 on beta-adrenergic substances for offenses punishable pursuant to the Act of 25 March 1964 on drugs. c) two or more offenses charged in a collective manner and whose seriousness of purpose and the mutual allow the court to decide and certainly necessarily mean that these acts were committed in the context of serious and organized tax fraud for which were mechanisms or processes used particularly complex international. § 2. Confiscation referred to in § 1 may be imposed against the perpetrators, conspirators and accomplices convicted of one or more of the offenses listed in this section and the conditions set out in § 1 if the offender has acquired during a relevant period then additional material benefits that there are indications that serious and concrete these stem from the offense for which he was sentenced or identical facts and the condemned could not make plausible the opposite. The opposite can also be made plausible by any third party claiming to be entitled to these benefits.

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ยง 3. Is considered relevant for the purposes of this Article the period beginning five years before the indictment of the person and up to the date of delivery. Serious and concrete indices referred to in ยง 2 can be drawn from all parts trustworthy that were submitted to the court on a regular basis and show some interest imbalance between, on the one hand, a temporary increase or constant Heritage and expenditure condemned during the relevant period, which the Crown proves, and on the other hand, the temporary increase or constant Heritage and spending convicted during this period for which it can make it plausible that they do not arise from acts for which he was sentenced or identical facts. It should be understood by the fact that the same facts are the qualifications referred to in ยง 1 and that were a) under the same qualifications as the offense which is the subject of the sentence; b) in a related qualification, provided it is listed under the same heading, under ยง 1, a), the offense which is the subject of the sentence. When the court orders the special confiscation under this Article, it may decide to ignore part of the relevant period or income, assets and values that determines if it considers such action appropriate not to submit a sentence unreasonably burdensome. ยง 4. Heritage available to a criminal organization shall be forfeited, subject to the rights of bona fide third parties.

CHAPTER III. - OTHER SENTENCES THAT MAY BE IMPOSED FOR CRIMES, CRIMES OR VIOLATIONS. Art. 44. The conviction to the penalties established by law be pronounced without prejudice refunds and damages which may be due to the parties. Art. 45. When the law did not set damages, the court or tribunal shall determine the amount, but could not pronounce the application to any work, even with the consent of the injured party. Art. 46. (Repealed) <L 31-01-1980, art. 4, 1> Art. 47. (Repealed) <L 31-01-1980, art. 4, 1> Art. 48. (Repealed) <L 31-01-1980, art. 4, 1> Art. 49. When the condemned property will be insufficient to cover the fine sentences, restitution and damages, the last two sentences are preferably used. When competing with the fine court costs owed to the State, payments made by the convicts will be charged in the first place on these charges. (These payments interrupt the limitation period as fine as the court costs.) <L 2006-12-27/32, art. 302, 062; Effective: 07-01-2007> 39


Art. 50. All individuals convicted of the same offense are held jointly refunds and damages. They are jointly and severally liable for costs when they were convicted by the same judgment or order. However, the judge may waive all or some reasons for this exemption, and determining the proportion of costs to be borne by each of them individually. Individuals convicted by separate judgments or decisions are jointly liable for the acts cooler than tracking them were common. Art. 50a. <Inserted by L 1999-05-04/60, art. 10, ED: 02-07-1999> No one may be held civilly liable for the payment of a fine to which another person is sentenced, if convicted for the same offense.

CHAPTER IV. - THE ATTEMPT TO CRIME OR FELONY. Art. 51. There are punishable attempt when the resolution to commit a crime or offense has been manifested by external acts which constituted the first execution of this crime or that crime, and who have been suspended or failed their effect by circumstances beyond the control of the author. Art. 52. Attempted crime is punishable by the penalty immediately below that of the same crime, in accordance with Articles 80 and 81.

CHAPTER V. - THE RECURRENCE. Art. 53. The law determines when and what penalties are punishable offenses attempts. Art. 54. (See NOTE in TITLE) <L 2003-01-23/42, art. 12, 040; Effective: 13-03-2003> Whoever, having been convicted of a felony, commits a felony carrying imprisonment of five to ten years, may be sentenced to imprisonment of ten to fifteen years. If the crime carries imprisonment of ten to fifteen years, the offender may be sentenced to imprisonment of fifteen to twenty years. He will be sentenced to seventeen years at least this sentence if the crime carries imprisonment of fifteen to twenty years.

Art. 55. (See NOTE in TITLE) Whoever, having been convicted of a felony, commits an offense punishable by imprisonment of five to ten years, may be sentenced to imprisonment of ten to fifteen years. If the crime is punishable by imprisonment of ten to fifteen years, the offender may be sentenced to (holding fifteen to twenty years). <L 2003-01-23/42, art. 13, 040; Effective: 13-03-2003> 40


He was sentenced to seventeen years under detention, if the crime carries (holding fifteen to twenty years). <L 2003-01-23/42, art. 13, 040; Effective: 13-03-2003> Art. 56. Whoever, after a conviction for a felony, commits an offense may be sentenced to twice the maximum supported by the law against crime. The same penalty may be imposed for a prior conviction to imprisonment for at least one year, if the offender committed the new offense before the expiration of five years since he has been prescribed or sentence. (Paragraph 3 repealed) <L 09-04-1930, art. 32> Art. 57. The rules for recidivism will be applied in accordance with the preceding articles, if previous conviction handed down by a military court for a crime or offense is described by the ordinary criminal laws, and a penalty imposed by these laws. If this is a penalty imposed by military law has been passed, the courts, in assessing the recurrence relation that will have minimum sentence that is punished by the first judgment was result from ordinary criminal laws.

CHAPTER VI. - CONTEST OF SEVERAL VIOLATIONS. Art. 58. Any individual convicted of several offenses incur the penalty each. (When prison work is given, the duration of these can be combined up to three hundred hours.) <L 2002-04-17/33, art. 4, 035; Effective: 07-05-2002> Art. 59. In conjunction with one or more offenses with one or more offenses, all fines (the sentences work) and sentences of imprisonment Corrections will be accumulated within the limits established by the following article. <L 2002-04-17/33, art. 5, 035; Effective: 07-05-2002> Art. 60. <L 01-02-1977, art. 5> In conjunction with several offenses, the penalties are cumulative, however they can not exceed twice the maximum sentence stronger. In any case, the penalty shall not exceed twenty years imprisonment (or three hundred hours worth of work). <L 2002-04-17/33, art. 6, 035; Effective: 07-05-2002>

Art. 61. When a crime contributes or with one or more offenses, or with one or more offenses, the punishment of crime shall be pronounced only. Art. 62. (See NOTE in TITLE) In conjunction with several crimes, the penalty will be the largest single handed. This penalty may be even higher than five years above the maximum, if it is in (a prison sentence or detention of fifteen to twenty years or a term of less). <L 2003-01-23/42, art. 14, 040; Effective: 13-03-2003> 41


Art. 63. (See NOTE in TITLE) <L 2003-01-23/42, art. 15, 040; Effective: 13-03-2003> The severest penalty is one whose duration is longer. If the sentences are the same length, the confinement is considered a heavier penalty than imprisonment. Art. 64. Sentences of special confiscation, due to several crimes, misdemeanors or petty offenses, will always cumulative. Art. 65. <L 1994-07-11/33, art. 45, 012; Effective: 31-07-1994> When the same act constitutes several offenses or when different offenses simultaneously subjected to the same judge of the event funds are successive and continuous in the same criminal intent, the penalty will be the greater only pronounced. If the court finds that offenses having previously been a final decision and other facts before it and, even if established, are prior to the decision and provide with the first manifestation successive and continues in the same criminal intent, it is, for the sentencing, the sentences already imposed. If they seem to him sufficient for a penalty for all offenses, it shall decide on the guilt and returns its decision to sentences already imposed. The total sentence imposed under this section shall not exceed the maximum sentence stronger.

CHAPTER VII. - PARTICIPATION OF SEVERAL PERSONS AT THE SAME CRIME OR FELONY. Art. 66. Shall be punished as perpetrators of a crime or offense: Those who have completed or have directly cooperated in its execution; Those who, by any act whatsoever, have lent support to the execution such that, without their assistance, the crime or offense had not been committed; Those who, by gifts, promises, threats, abuse of authority or power, machinations or culpable artifice, directly incited the crime or the offense; (Those who, either through speeches at meetings or in public places, or by written or printed, any images or emblems, which have been displayed, distributed or sold, offered for sale or exposed to public view , have led directly to the commission, without prejudice to the penalties provided by law against the perpetrators of incitement to crimes or offenses, even if these provocations were not implemented.) <L 28 -07 to 1934, art. 1, I>

Art. 67. Shall be punished as accomplices to a crime or a misdemeanor: Those who have given instructions to commit it; Those who procured weapons, instruments, or any other means used to commit the offense, knowing that they were to be used;

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Who, except as specified in ยง 3 of Article 66, shall, with knowledge, aided or abetted the perpetrator or perpetrators of the crime or offense in the facts which have prepared or convenience, or those who have consumed. Art. 68. Those who, knowing the criminal conduct of criminals engaged in robberies or violence against the state security, public peace, people or property, they usually have provided shelter, retreat or meeting, shall be punished as their accomplices. Art. 69. Accomplices of a crime shall be punished by the penalty next lower than they would incur if they were perpetrators, pursuant to Articles 80 and 81 of this Code. The sentence against the accomplices of a crime shall not exceed two-thirds of that which would apply if they were perpetrators of this crime.

CHAPTER VIII. - CAUSES OF JUSTIFICATION AND EXCUSE. Art. 70. (Except for the offenses defined in Book II, Title Ibis, there is no offense), when the fact was ordered by law and ordered by the authority. <L 2003-08-05/32, art. 3, 044; Effective: 07-08-2003> Art. 71. There is no infringement where the accused or the accused was insane at the time of the done, or has been constrained by a force that he could not resist. Art. 72. (Repealed) <L 15-05-1912, art. 64> Art. 73. (Repealed) <L 15-05-1912, art. 64> Art. 74. (Repealed) <L 15-05-1912, art. 64> Art. 75. (Repealed) <L 15-05-1912, art. 64> Art. 76. (Repealed) <L 09-04-1930, art. 32> Art. 77. (Repealed) <L 1996-07-10/42, art. 21, 018, ED: 11-08-1996> Art. 78. No crime or offense can not be excused, if not in the cases determined by law.

CHAPTER IX. - MITIGATING CIRCUMSTANCES. Art. 79. If there are extenuating circumstances, criminal penalties are reduced or modified in accordance with the following provisions. Art. 80. <L 2001-12-11/50, art. 2, 033 In force: 17-02-2002> Life imprisonment will be replaced by a prison sentence or a sentence of at least three years.

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Imprisonment for twenty to thirty years' imprisonment by fifteen to twenty years or less or a term imprisonment for three years at least. Imprisonment of fifteen to twenty years, by imprisonment for ten to fifteen years or five years or ten years or by imprisonment for at least one year. Imprisonment of ten to fifteen years, by imprisonment of five to ten years or by imprisonment for at least six months. Imprisonment of five to ten years, or imprisonment for at least one month. Art. 81. <L 2003-01-23/42, art. 16, 040; Effective: 13-03-2003> The scope of life imprisonment for crimes against the external security of the state will be replaced by the detention time or by imprisonment for at least one year. The sentence of imprisonment of twenty to thirty years the detention of fifteen to twenty years or less or a term of imprisonment at least one year. The sentence of imprisonment of fifteen to twenty years in the custody of ten to fifteen years or five years or ten years or by imprisonment of at least one year. The sentence of imprisonment of ten to fifteen years by the detention of five to ten years or by imprisonment for at least six months. The penalty of imprisonment from five years to ten years imprisonment for at least one month. Art. 82. <L 23-08-1919, art. 2> In the case of competition laid down in Articles 61 and 62 of the Penal Code, if, due to extenuating circumstances, criminal penalties are reduced at the rate of correctional penalties, the trial court may nevertheless not pronounce a single sentence. Art. 83. The criminal fine may be reduced, but it can in no case be less than twenty-six [euros]. Art. 84.Les convicted criminal whose sentence has been commuted to imprisonment, may be sentenced to a fine of twenty-six [euros] a thousand [euros]. [1 They may be sentenced to the prohibition of all or part of the rights mentioned in Article 31, paragraph 1, for at least ten years and twenty years or more for crimes punishable by imprisonment for more than twenty years, and for at least five years and up to ten years for other crimes.] 1 (Paragraph 3 repealed) <L 09-04-1930, art. 32> ---------(1) <L 2009-12-21/14, art. 3, 075; Effective: 21-01-2010>

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Art. 85. (If there are extenuating circumstances, imprisonment, sentences work and fines may respectively be reduced below eight days, forty-five hours and twenty-six U.S. without they may be less than the sentences police.) <L 2002-04-17/33, art. 7, 035; Effective: 07-05-2002> Judges may also apply separately either both. If the door is only imprisonment, the Court may substitute a fine not exceeding five hundred [EUR]. If the prohibition of the rights enumerated in [1 Article 31, paragraph 1] 1 (...) is ordered or authorized, the judges will decide the punishment for a term of one to five years, or rely entirely . <L 09-04-1930, art. 32> ---------(1) <L 2009-04-14/01, art. 7, 073; Effective: 15-04-2009>

CHAPTER X. - EXTINCTION OF SENTENCES. Art. 86. The sentences imposed by or judgments become irrevocable turned off by the death of the condemned. (The loss of legal personality of the convicted legal person does not extinguish the sentence.) <L 1999-05-04/60, art. 11, 024; Effective: 02-07-1999> Art. 87. Disabilities imposed by judges or attached by law to cease certain convictions by submitting that the King can do under the law of grace. Art. 88. (Repealed) <L 09-04-1930, art. 32> Art. 89. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, article 169, 050; Effective: 15-01-2007>) Art. 90. (Repealed) <L 2004-11-22/32, art. 2, 049; Effective: 19-12-2004> (NOTE: Confirmed by <L 200501-12/39, article 169, 050; Effective: 15-01-2007>) Art. 91. (Except for the penalties for the offenses defined in Articles 136a, and 136ter 136quater, to prescribe criminal penalties) by twenty completed years from the date or judgments that pronounced. <L 2003-08-05/32, art. , 044; Effective: 07-08-2003>

Art. 92. Corrections to prescribe penalties for five years elapsed, from the date of the judgment or judgment as a last resort, or the date on which the judgment at first instance can no longer be attacked by means of the appeal. If the sentence exceeds three years, the requirement shall be ten years. Art. 93. Sentences police prescribe by a full year, as stated times in the previous article. 45


Art. 94. Sentences (...) of the fine and special confiscation prescribe deadlines in the preceding articles, as they are pronounced for crimes, misdemeanors or petty offenses. <L 09-04-1930, art. 32> Art. 95. If the offender who is serving out his sentence managed to escape, prescription begins to run from the day of the escape. However, in this case, deducted from the period of limitation the time during which the convicted person has served his sentence beyond five years if it is a felony temporary or beyond two years, if c is a misdemeanor. Art. 96. Prescribing the penalty shall be interrupted by the arrest of the offender. Art. 97. (Repealed) <L 09-04-1930, art. 32> Art. 98. (Repealed) <L 09-04-1930, art. 32> Art. 99.Les civil judgments pronounced by the decisions or judgments in criminal, correctional or police, prescribe according to the rules of civil law, the date on which they will become irrevocable. [1 Subsection 2 Repealed.] 1 ---------(1) <L 2009-12-21/14, art. 4, 075; Effective: 21-01-2010> (GENERAL PROVISIONS). <L 2000-11-28/35, art. 2, In force: 27-03-2001> Art. 100. (Unless otherwise provided in special laws and regulations, the provisions of the first book of this Code shall apply to offenses under these laws and regulations, with the exception of Chapter VII (...), and Article 85.) <L 09-04-1930, art. 32> (Paragraph 2 repealed) <L 04-08-1986, art. 105> Art. 100bis. <L 28-07-1934, art. 1 II> They are applied without exception for persons who are not subject to military criminal law, participated in a crime or an offense under the Military Penal Code. However, the sentence is replaced by a military prison and dismissal same time, worn as a principal penalty by imprisonment from two months to three years.

Art. 100ter. <Inserted by L 2000-11-28/35, art. 3, 029; Effective: 27-03-2001> Where use is made of the term "minor" in the provisions of Book II, it refers to the person who has not attained the age of eighteen . BOOK 2. - VIOLATIONS AND SANCTIONS IN PARTICULAR. TITLE I. - CRIMES AND CRIMES AGAINST THE SAFETY OF THE STATE.

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CHAPTER I. - ATTACKS AND PLOTS AGAINST THE KING AND THE ROYAL FAMILY AGAINST AGAINST THE FORM OF GOVERNMENT. Art. 101. The attack against life or against the person of the King shall be liable (to life imprisonment). <L 1996-07-10/42, art. 3, 018; Effective: 11-08-1996> If did not result in prejudice to the freedom of the King, and if it caused him no bloodshed or injury, or illness, the attack against his person be punished (imprisonment of twenty to thirty years). <L 2003-0123/42, art. 17, 040; Effective: 13-03-2003> Art. 102. <L 2003-01-23/42, art. 18, 040; Effective: 13-03-2003> The attack against the life of the heir to the crown will be punished by life imprisonment. The attack against his person shall be punished by imprisonment of twenty to thirty years. If it has not resulted in prejudice to his freedom and if it has caused him or bloodshed or injury, or illness, the attack against his person shall be punished by imprisonment of fifteen years twenty years. Art. 103. (See NOTE in TITLE) The attack against the life of the queen, parents and allies of the king in a direct line, brothers of the king, having the quality of Belgians against the life of the ruler or against the life of the ministers who in the cases provided by the Constitution, the constitutional powers of the King, will always be punished as is consumed. (The attack against their person shall be punished by imprisonment of ten to fifteen years, he shall be punished by imprisonment of five to ten years, it did not result in undermining their freedom and s it only caused them or bloodshed or injury, or illness.) <L 2003-01-23/42, art. 19, 040; Effective: 13-032003>

Art. 104. (See NOTE in TITLE) The attack whose goal is either to destroy or change the form of government or the order of succession to the throne, or to take up arms to citizens or residents against the royal authority the legislative chambers or one of them, shall be punished by imprisonment (of twenty to thirty years). <L 2003-01-23/42, art. 20, 040; Effective: 13-03-2003> Art. 105. The attack is when he is punishable attempt. Art. 106. (See NOTE in TITLE) The conspiracy against life and against the King's person shall be punished by fifteen to twenty years (life), it was followed by an act committed in preparing for the implementation and ten to fifteen years in the same sentence, otherwise. <L 2003-01-23/42, art. 21, 040; Effective: 13-03-2003> Art. 107. (See NOTE in TITLE) <L 2003-01-23/42, art. 22, 040; Effective: 13-03-2003> The conspiracy against life or against the person of the heir to the crown will be punished by ten to fifteen years' imprisonment, if it was followed by a action taken to prepare the execution, and five to ten years imprisonment, otherwise. 47


Art. 108. (See NOTE in TITLE) The conspiracy against life or against the person or members of the royal family listed in Article 103, or the regent or ministers exercising the constitutional powers of the King, will be punished (imprisonment five to ten years). <L 2003-01-23/42, art. 23, 040; Effective: 13-03-2003> Art. 109. (See NOTE in TITLE) The plot to get to any of the purposes referred to in Article 104 shall be punished by ten to fifteen years of imprisonment, if any act was to prepare the execution, and five to ten years in the same sentence, otherwise. Art. 110. There is conspiracy when the resolution to act has been arrested several persons. Art. 111. The proposal not approved to form a conspiracy against life or against the person of the King, the heir to the crown, members of the Royal Family listed in Article 103 of the regent, or the ministers who King's constitutional powers, shall be punished by imprisonment for one to five years. The culprit (...) may, in addition, be sentenced to the prohibition under Article 33. <L 09-04-1930, art. 32> Art. 112. (See NOTE in TITLE) Whoever made one resolution to commit an attack against life or against the person of the King, the heir to the crown, members of the Royal Family listed in Article 103 of the regent or ministers exercising the constitutional powers of the King, will be punished (imprisonment of five to ten years), when he has done something to prepare for execution. <L 2003-01-23/42, art. 23, 040; Effective: 13-03-2003>

CHAPTER II. - CRIMES AND CRIMES AGAINST EXTERNAL SECURITY STATE. Art. 113. (Any Belgian who has borne arms against Belgium will be punished (to life imprisonment).) <AL 11-10-1916, art. 1> <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996> (For the purposes of this provision, is the fact to bear arms against Belgium, one shall knowingly to enemy combat tasks, transportation, work or surveillance, falling to the enemy forces and their services). <AL 17-12-1942, art. 1> Art. 114. <L 2003-01-23/42, art. 24, 040; Effective: 13-03-2003> Whoever machinations practiced or maintained intelligence with a foreign power or any person acting in the interest of a foreign power, to engage this power to initiate war against Belgium, or to provide him with the means, shall be punished by imprisonment of twenty to thirty years. If hostilities ensued he will be punished by life imprisonment. Art. 115. ยง 1. (Will be punished (to life imprisonment) <L 1996-07-10/42, art. 15, 018; Effective: 11-081996> Whoever has facilitated the enemies of the State to enter the territory of the kingdom; That they will be delivered towns, forts, magazines, arsenals, vessels or vessels belonging to Belgium; One that provides them with troops, men, money, food, weapons or ammunition; 48


Whoever has assisted the progress of their weapons on the territory of the kingdom or against the Belgian forces land or sea, undermining the loyalty of officers, soldiers, sailors and other citizens to the King and the State. In the above case, the attempt will count punishable crime itself. The plot for the purpose of one of these crimes will be punished (holding twenty to thirty years), it was followed by an act to prepare the execution, detention and five years to ten years, in the opposite case.) <L 10-12-1937, art. single, 2> <L 1996-07-10/42, art. 3, 018; Effective: 11-08-1996> <L 2003-01-23/42, art. 25, 040; Effective: 13-03-2003> § 2. (The provisions of paragraph 4 of § 1 is applicable to those residing in the territory occupied by the enemy, that: 1 If either directly or through an intermediary or as such, it has provided the enemies of the state with troops, men, money, food for the supply of the enemy war material offensive or defensive ammunition actual war, spare parts for the manufacture of this material or the ammunition of clothing or equipment he knew for military use, or if, for them, it has organized or managed a construction company for the establishment, development or camouflage fortifications, airfields or other structures or installations for military purposes; 2 If either directly or through an intermediary or in this capacity, he provided them with raw materials, materials or products he knew, for the manufacture of this equipment, the ammunition or the effects, or the execution of the work, unless it has these supplies using all means at its disposal to resist the execution of commands from enemies of the state; 3 If either directly or through an intermediary or in this capacity, he provided them with raw materials or manufactured products, food or animals, when the supply was running solicitations or representations made to them or intermediaries acting on their behalf or when necessitated the creation, transformation or expansion of business or change its nature or its operating procedures, or when the production was maintained or increased to an abnormal level to fulfill their orders, or when the supplier has used their help to resolve social conflicts or he organized against services-sabotage; 4 ° If the put activity in their service to collect on their behalf, raw materials or manufactured products, food or feed referred to in 1, 2 and 3 above.) <AL 25 -05 to 1945, art. 1> Art. 116. <L 19-07-1934, art. 1> Whoever knowingly delivered or disclosed in whole or in part, in original or reproduction, a hostile power or any person acting in the interest of a hostile power, objects, plans, papers, documents or information that secrecy vis-à-vis the enemy interested homeland defense or security of the State, shall be punished (to life imprisonment). <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996> Art. 117. (Penalties expressed in articles 113, 115 and 116 are the same, whether the crimes specified therein have been committed against Belgium, or they were allies against Belgium acting against the common enemy .) <AL 11-10-1916, art. 1> 49


(For the purpose of this provision is an ally of Belgium, any State which, even independently of a treaty of alliance, continues the war against a country with which Belgium itself is at war.) <AL 17 -12 to 1942, art. 2>

Art. 118. (See NOTE in TITLE) <L 19-07-1934, art. 1> Whoever knowingly delivered or disclosed in whole or in part, in original or reproduction, to a foreign power or any person acting in the interests of a foreign power, objects, plans, papers, documents or information whose interests the secret defense or external security of the State, shall be punished (holding ten to fifteen years.) If the culprit was invested with a function or a public or if fulfilled a mission or performing work entrusted to him by the Government, he shall be punished (holding fifteen to twenty years). <L 2003-0123/42, art. 26, 040; Effective: 13-03-2003> Art. 118a. <AL 17-12-1942, art. 3> be punished (to life imprisonment), anyone who has participated in the transformation by the enemy of legal institutions or organizations, shaken wartime loyalty of citizens to the King and the State, or who knowingly served policy and designs of the enemy. <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996> The same punishment (of life imprisonment), any person who knowingly directed, practiced by any means whatsoever, incited, encouraged propaganda against resistance to the enemy or its allies or tending to the facts listed the preceding paragraph. <L 1996-07-10/42, art. 15, 018; Effective: 11-081996> Art. 119. <L 19-07-1934, art. 1> Whoever knowingly delivered or disclosed in whole or in part, in original or reproduction, any unqualified person to take delivery or knowledge objects, plans, papers, documents or information referred to in Article 118, shall be punished by imprisonment of six months to five years and a fine of 500 to 5000 [EUR]. Shall be liable to the same penalties who, without authorization of the competent authority, shall reproduced, published or disclosed in whole or in part, by any process objects, plans, papers, documents or information referred to in Article 118. Art. 120. <L 19-07-1934, art. 1> Whoever, not qualified to take delivery or knowledge to be provided, in whole or in part, in original or reproduction, objects, plans, papers, documents or information referred to in section 118 or has received voluntarily shall be punished by imprisonment of one month to five years and a fine of 100 to 5000 [EUR]. Art. 120bis. <L 19-07-1934, art. 1> be punished by imprisonment of six months to five years and a fine of 500 to 5000 [EUR] 1 Whoever, in disguise or conceal his identity, profession, quality or nationality, or using a maneuver designed to deceive the agents assigned to guard or evade their surveillance will be introduced either in a strong, any work of defense, a position, a ship of state, or a ship requisitioned or chartered by him, a 50


military, maritime or aeronautical deposit, store or park military or in workshop, site or running a laboratory for Progress interesting defense of the territory; 2 Whoever, by any means provided in the preceding paragraph, has lifted a plan, recognized channels of communication, means of correspondence or distance transmission or gathering information relevant to the defense or the external security of the State; 3 Whoever, in order to collect or transmit information relevant to the defense or the external security of the State and not being for this purpose, will be held or used any means of correspondence or distance transmission. Art. 120ter. <L 19-07-1934, art. 1> be punished by imprisonment of eight days (one year) and a fine of 26 to 100 [euro] <L 10-12-1937, art. single, 4> 1 Whoever, without authorization from the military, maritime or aeronautical be executed by any process of surveying or surveying operations within a myriametre or any other department that will later be fixed by the Minister of Defence National around a stronghold of defense work, a job, a military or naval establishment, an establishment other than aviation airfield or airport, deposit, store or park military from the outworks, or has taken photographs of one of these places, structures and institutions, published, exhibited, sold or distributed copies of these views; 2 Whoever, without authorization, will be crossed or climbed the slope coatings or fortifications or walls, fences, gates, fences, hedges or other fences, established a military or have entered a fort or a other institutions referred to in Article 120bis, 1. Art. 120quater. <L 19-07-1934, art. 1> The attempt of one of the offenses under sections 116, 119, 120 120ter is considered the offense itself. Art. 120quinquies. <L 19-07-1934, art. 1> be punished by imprisonment of one month to one year and a fine of 100 to 1,000 [euros], who, contrary to regulations, will be moved or held objects, drawings, writings or documents referred to section 118, or who by negligence or breach of regulations, has left to destroy, remove or avoid, even momentarily, some or all of these objects, drawings, writings or documents that have been assigned or has knowledge by reason its functions, condition, profession, mission, mandate or has left to read, copied or reproduced by any means, in whole or in part.

Art. 120sexies. <L 19-07-1934, art. 1> If they were committed in time of war: Offenses under sections 118, 119, 120 and 120bis be punished (life imprisonment) <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996> Offenses under Article 120ter be punished by (holding fifteen to twenty years); <L 2003-01-23/42, art. 27, 040; Effective: 13-03-2003>

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Offenses under Article 120quinquies be punished by imprisonment of six months to five years and a fine of 500 to 5000 [EUR]. Art. 120septies. <L 19-07-1934, art. 1> Without prejudice to the application of Articles 66 and 67 shall be punished with imprisonment from eight days to six months and a fine of 26 to 500 [euro] anyone know the intentions of the authors of one of offenses under sections 120 and 120bis or attempting any of these offenses, provides them with housing, retreat or meeting, will be transmitted or received correspondence or concealed objects or instruments used or intended to be to commit the offense. Art. 120octies. <L 19-03-1956, art. single> Sentences expressed in articles 118, 119, 120 120septies will be the same as offenses under these sections have been committed against Belgium, or as they have been to a country with which Belgium is united by a regional agreement for a common defense. Art. 121. <L 2003-01-23/42, art. 28, 040; Effective: 13-03-2003> Whoever harbors or is harboring spies or enemy soldiers sent to the discovery, and he has known for such, shall be punished by imprisonment. Whoever harbors or is concealing agents or enemy soldiers, disabled or injured, or who will be helped to enable them to evade the authorities shall be punished by imprisonment of fifteen to twenty years. Under siege, the offense shall be punished by imprisonment. Whoever harbors or harbor is a subject of a hostile power or allied to the enemy or who will be helped to enable him to evade authorities, shall be punished with imprisonment from five years to ten years. Under siege, the offense shall be punished by imprisonment of ten to fifteen years. Whoever harbors or harbor that he knew people prosecuted or convicted of an offense under Chapter II of Title 1 of Book II of the Penal Code and Articles 17 and 18 of the Act of May 27, 1870 containing the Military Penal Code, or who will be helped to enable them to evade the action of justice, shall be punished with the punishment provided for the offense, unless the sentence may, however, exceed fifteen years' imprisonment or detention. Are excepted from the provision in the preceding paragraph, ascendants or descendants, husbands or wives, even divorced, siblings and allies with the same degree of the authors or accomplices of the offenses in question. Art. 121a. <L 2003-01-23/42, art. 29, 040; Effective: 13-03-2003> Shall be punished by imprisonment of five to ten years, anyone who knowingly, with the denunciation of a real or imaginary, any person exposed to research, litigation or rigors of the enemy. He will be punished by imprisonment of ten to fifteen years if the result of the termination, for any person and without the intervention of any new information, a deprivation of liberty for over a month. He will be punished with imprisonment if, then detention or treatment received, the information has resulted to any person without the intervention of any new information, or death, or an apparently incurable illness, a permanent incapacity for work, or loss of use of an organ, or a serious mutilation.

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Art. 122. <L 2003-01-23/42, art. 30, 040; Effective: 13-03-2003> When objects were burned or destroyed by any means whatever, with the intention of favoring the enemy, the penalties against those made by Chapter III of Title IX will be replaced: imprisonment, with imprisonment from ten to fifteen years; imprisonment of five to ten years, with imprisonment from fifteen to twenty years; imprisonment of ten to fifteen years imprisonment by twenty to thirty years; imprisonment of fifteen years or more, by imprisonment; the attempted arson or destruction shall be considered the crime itself. Art. 122bis. <AL 31-12-1939, art. 1> Without prejudice to the application of more stringent provisions shall be punished by imprisonment of six months to five years and a fine of 100 to 5000 [EUR] whoever made or secured a military intelligence service running on the territory of the Kingdom in the interest and to the detriment of foreign powers, whoever exercised any activity in such service, including for him either by recruiting employees or agents, or by delivering or communicating knowingly, in whole or in part, original or reproduction, objects, plans, papers, documents or information not clearly public about the military or the defense system of a foreign power, food supplies, weapons or ammunition of its land forces , sea or air or equipment that is in use, either by transmitting the said objects, plans, papers, documents or information to another foreign power or a person acting in the interest of it.

Art. 123. Whoever, by hostile action not approved by the government, will set the state of hostilities on the part of a foreign power, shall be punished by imprisonment of five to ten years, and if hostilities ensued , holding ten to fifteen years. Art. 123bis. <L 19-07-1934, art. 1> Without prejudice to the application of Article 1 of the Act of July 7, 1875, articles 66 and 67 of this Code, shall be punished by imprisonment of eight days (three years) and a fine of 50-1 000 [euro] <L 10-12-1937, art. single, 5> 1 째 The bid or proposal to commit an offense under sections 113 to 120bis, 121-123; 2 The acceptance of this offer or proposal. Art. 123ter. (If the offenses under sections 115 to 120quater, 123bis 120sexies to have been committed by the spirit of lucre (money, property or benefits any direct or indirect benefit is the result of the activity of guilty, or when if they have not been entered, the amount of their value) will be reported to the Treasury.) <L 19-07-1934, art. 1> <L 07-06-1948, art. 1> (In the same case, the imprisonment provided for in Articles 119 and 120 shall be replaced by imprisonment of five to ten years and the detention time for a life time of equal length.) <L 2003-01 23/42, art. 31, 040; Effective: 13-03-2003> 53


(If there are extenuating circumstances (life imprisonment) will be replaced in accordance with Article 80.) <L 19-07-1934, art. 1> <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996> Art. 123quater. (See NOTE in TITLE) <L 19-07-1934, art. 1> Without prejudice to the application of more stringent provisions will be punished with the penalties provided for in Article 123bis, conspiracy to commit a crime or an offense against persons or property, formed for the purpose of hindering, time war or territorial defense or mobilization or the supply of food, weapons or ammunition from the army. If the plot is formed in time of war, he shall be punished (imprisonment of five to ten years). <L 200301-23/42, art. 31, 040; Effective: 13-03-2003>

Art. 123quinquies. <L 19-07-1934, art. 1> The confiscation of the things that have served or were intended to commit the offense must be pronounced, as well as the confiscation of plans, maps, papers, documents, prints, survey photographs, views, prints and other things derived from the infringement. (In the cases provided for in Articles 119, 120, 120bis, 121bis, 122bis and 123quater the culprits sentenced to imprisonment may be sentenced to life or the prohibition time the rights listed in [1 Article 31, paragraph first] 1.) <AL 31-12-1939, art. 2> ---------(1) <L 2009-04-14/01, art. 8, 073; Effective: 15-04-2009>

Art. 123sexies. <L 30-06-1961, art. 1> § 1. (Notwithstanding sections 31 and 32, the judgments or decisions sentenced to life imprisonment or life imprisonment, to imprisonment for ten to fifteen years or a term greater or holding twenty to thirty years or fifteen to twenty years for an offense or attempted offense under Chapter II of Title 1 of Book II of the Penal Code, committed in time of war, will deliver not load condemned the prohibition rights therein referred, but will lead to the forfeiture of right to life :) <L 2003-01-23/42, art. 33, 040; Effective: 13-03-2003> 1 rights listed in Article 31 including voting rights, election, eligibility; 2 ° the right to be registered on one of the tables in the legal profession, a list of attorneys fees or a list of trainee lawyers; 3 ° the right to participate in any capacity whatsoever to teaching in a public or private; 4 ° the right to be paid by the State as a minister of religion; 5 ° the right to be leader of a political association;

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6 of the right to participate in any capacity whatsoever for the operation, administration, writing, printing or distribution of a newspaper or any publication where this participation in a political character; 7 of the right to participate in the management or administration of any cultural, philanthropic and recreational or any public entertainment where participation in a political character; 8 of the right to participate in the operation, administration or in any way in any business activity with the purpose theater, cinematography or broadcasting where this participation to a character policy; 9 of the right to participate in any capacity in the administration, management or direction of a professional association or a nonprofit organization. § 2. Notwithstanding sections 32 and 33, judgments or decrees of condemnation to other criminal sanctions or penalties for correctional offense or attempted offense under Chapter II of Title I of Book II of the Penal Code, committed in time of war can not pronounce the prohibition of rights provided for in said articles but the temporary forfeiture of the rights enumerated in the preceding paragraph. Lapses listed in the electoral laws, including (Articles 6 and 7 of the Electoral Code) are otherwise applicable. <L 05-07-1976, art. 145> (The disqualification may be imposed for a period of ten to twenty years if the punishment is imprisonment for five to ten years or detention of five to ten years or ten to fifteen years and five years to ten years if the penalty is misdemeanor). The duration of the disqualification set by the judgment or decree of condemnation will run from the day the sentence contradictory or default has acquired the force of res judicata. <L 2003-01-23/42, art. 33, 040; Effective: 13-03-2003> Art. 123septies. (See NOTE in TITLE) <L 30-06-1961, art. 1> § 1. The condemned forfeited by virtue of Article 123sexies may request restitution of the rights listed below 6 ° to 9 ° condition: 1 ° they are not held in execution of the sentence, or fugitives or latitants; 2 ° they are paid the penalties pronounced against them and are released refunds, damages and expenses to which they were convicted, but the court may dispense with this requirement justifies the prisoner being found in unable to free themselves, either because of his indigence, or because of any other reason that he is not responsible; Art. 123octies. <L 30-06-1961, art. 1> When the judgment or decision resulting in imprisonment or forfeiture of rights by time under Article 123sexies, is cast res judicata, the prosecutor shall publish the extract in the "Moniteur Belge" with honors the disqualification imposed or resulting therefrom. In addition, it means the extract by the officer of civil status of the last domicile for the registration of the same entry in the register of the population. This statement is reproduced in the population register of any new home.

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Art. 123nonies. <L 30-06-1961, art. 1> He who despite the decline resulting from the application of ยง ยง 1 and 2 of Article 123sexies fact, either directly or through another person, use one of the rights enumerated in this article, shall be punished imprisonment of one to three years and a fine of 10,000 to 100,000 [euros]. Art. 123decies. <AL 20-09-1945, art. 2> <L 01-06-1949, art. 1, 4> Companies are civilly liable for damages convictions, fines, costs, forfeitures, restitution and penalties imposed for violations of any provisions of this chapter against their bodies or employees. It is the same for all members of business associations without legal personality, when the offense was committed by a partner, director or officer, in connection with a transaction within the scope of the activity of the association. The associated civil liability, however, is personally liable only up to the amount or value it has withdrawn from the operation. These companies and associates may be cited directly in front of the criminal court by the public prosecutor or the plaintiff.

CHAPTER III. - CRIMES AGAINST THE INTERNAL SECURITY OF THE STATE. Art. 124. (See NOTE in TITLE) The attack whose goal is to excite civil war by arming or wearing citizens or residents to arm themselves against each other, shall be punished (holding fifteen to twenty years). <L 2003-01-23/42, art. 35, 040; Effective: 13-03-2003> Conspiracy formed for the same purpose will be punished by ten to fifteen years of imprisonment, if any act was committed to prepare the execution, and five to ten years in the same sentence, otherwise. Art. 125. (See NOTE in TITLE) <L 2003-01-23/42, art. 36, 040; Effective: 13-03-2003> The attack whose goal is to bring the devastation, killing or looting in one or more municipalities, will be punished by fifteen to twenty years imprisonment. Conspiracy formed for the same purpose will be punished by ten to fifteen years to the same penalty, if any act was committed to prepare the execution, and five to ten years in the same sentence, otherwise.

Art. 126. (See NOTE in TITLE) shall be liable to the detention of five to ten years, those who have raised or leavened armed troops, committed or enrolled, is engaging or enlist soldiers, or will be provided or procured weapons, or ammunition, without order or government permission. Art. 127. (See NOTE in TITLE) shall be liable to the detention of five to ten years: Those who, without lawful cause, have taken command of a corps, a troop, a warship, a fortress, a post office, a port, a city; 56


Those who have chosen, against the order of the government, any military command; Commanders who have held their army or troop gathered after the dismissal or separation have been ordered. Art. 128. (See NOTE in TITLE) A person or to seize public money or to invade fields, properties, places, towns, forts, positions, magazines, arsenals, ports, vessels and buildings belonging to the State or to to attack or resistance to the police case against the perpetrators of these crimes, will be placed at the head of armed bands, or will be exercised any function or command, shall be punished (imprisonment of fifteen to twenty years) . <L 2003-01-23/42, art. 37, 040; Effective: 13-03-2003> Art. 129. (See NOTE in TITLE) If these bands were designed either to plunder or share national or public property, or those of a generality of citizens, or to attack or resistance to the police case against the perpetrators of these crimes, those who will be at the head of these bands, or who have exercised any function or command will be punished (the prison) for fifteen to twenty years. <L 2003-01-23/42, art. 38, 040; Effective: 13-03-2003> Art. 130. The penalties established respectively in the two preceding articles shall be applicable to those who have led the association, raised or made up, makes organizing or organized gangs. Art. 131. In case one of the crimes referred to in Articles 101, 102, 103 and 104 has been committed by a band, the penalties imposed by these Articles shall apply, without distinction of rank, all individuals in the band and which have been seized on the venue seditious. Shall be liable to the same penalties, though not entered on the place, whoever led the sedition or exercised in the band a job or any command. Art. 132. Except in cases where the meeting was to be seditious or result in any of the crimes set out in Articles 101, 102, 103 and 104 individuals belonging bands which is mentioned above, without exercising any command or employment, and which have been seized on the premises, shall be punished by the penalty next lower than that will be made against the directors or commanders of these bands. Art. 133. (See NOTE in TITLE) Those who, knowing the purpose or character of said bands, these bands have provided or their divisions, housing, pensions and venues, will be punished, in the case of sections 101, 102, 103 and 128, of the (life of five to ten years), and in the cases provided for in Articles 104 and 127 of the detention of five to ten years. <L 2003-01-23/42, art. 39, 040; Effective: 13-03-2003> Art. 134. There will be no penalty pronounced, for the fact of sedition, against those who have been part of these bands without any exercise command and without fill any job or function to be removed at the first warning of civil or military authorities, or since even when they have been seized from the premises of the seditious meeting, without resistance and without weapons. However, they will be punished on account of other crimes or offenses committed by them personally.

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Art. 135. Are included in the word "weapons", all machines, all instruments, utensils or other sharp objects, sharp or blunt, which we will have before to kill, injure or strike, even though we did not use it. Art. 135bis. <L 20-07-1939, art. single> Whoever, directly or indirectly receives from a person or a foreign organization in any form whatsoever, donations, gifts, loans or other benefits for employees or in part or in whole to conduct or pay Belgium an activity or propaganda likely to undermine the integrity, sovereignty and independence of the kingdom, or to shake the loyalty that citizens owe to the state and the institutions of the Belgian people, shall be punished imprisonment of six months to five years and a fine of one thousand [euros] to twenty thousand [euros]. In all cases of infringement, the things received are confiscated; Article 9 of the Law of 31 May 1888 is not applicable to the forfeiture. The prohibition of the exercise of the rights enumerated in [1 Article 31, paragraph 1] one or some of these rights may be imposed for a term of five to ten years. ---------(1) <L 2009-04-14/01, art. 9, 073; Effective: 15-04-2009> Art. 135ter. (Repeals) <L 01-08-1979, art. 7> Art. 135quater. <L 23-06-1961, art. single> Shall be punished with imprisonment (from three months to two years), who obtained a commitment to serve in an army or foreign troops, a minor not authorized to do so by his parents, guardian or curator. <L 01-08-1979, art. 6> Art. 135quinquies. <L 23-06-1961, art. single> The attempt to commit the offenses referred to in Articles 135ter 135quater and shall incur the same penalties. PROVISIONS COMMON TO THIS TITLE. Art. 136. Be exempt from penalties brought against conspiracies punishable under this title, and against offenses under Article 111 of those offenders who, before any attack and before any proceedings, will be given the authority or knowledge of these plots of these crimes and their perpetrators or accomplices.

TITLE Ibis. - Serious violations of international humanitarian law. <L 2003-08-05/32 inserted by art. 6, In force: 07-08-2003> Art. 136a. <L 2003-08-05/32 inserted by art. 6, In force: 07-08-2003> It is a crime under international law and is suppressed in accordance with the provisions of this title, the crime of genocide, as defined below, whether committed in time of peace or in wartime. Accordance with the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, and without prejudice to applicable criminal offenses committed by negligence, genocide means any of the following acts 58


committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such: 1 Killing members of the group; 2 Causing serious bodily or mental harm to members of the group; 3 Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; 4 measures intended to prevent births within the group; 5 ° Forcibly transferring children of the group to another group. Art. 136ter. <L 2003-08-05/32 inserted by art. 7, In force: 07-08-2003> It is a crime under international law and is punishable under the provisions of this title, the crime against humanity, as defined below, whether committed in time of peace or in time of war. According to the Statute of the International Criminal Court, crimes against humanity means any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: 1 murder; 2 extermination; 3 enslavement; 4 ° deportation or forcible transfer of population; 5 ° imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; 6 torture; 7 rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and any other form of sexual violence of comparable gravity; 8 ° persecution of any group or collectivity identifiable on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in sections 136a, and 136ter 136quater; 9 Enforced disappearance of persons; 10 ° Crime of Apartheid; 11 ° inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.

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Art. 136quater. <L 2003-08-05/32 inserted by art. 8, In force: 07-08-2003> (NOTE: the third paragraph of Article 136quater enter into force on the date of entry into force for Belgium of the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague on 26 March 1999; see L 2003-08-05/32, art. 29, § 2) § 1. Constitute crimes under international law and are punishable under the provisions of this Title, war crimes under the Geneva Conventions adopted 12 August 1949 and Protocols I and II additional to the Geneva Conventions, adopted in Geneva on 8 June 1977, by the laws and customs applicable in armed conflict, as defined in Article 2 of the Geneva Conventions adopted 12 August 1949, Article 1 of the Additional Protocols I and II adopted at Geneva on 8 June 1977 additional to the Geneva Conventions and in Article 8, § 2, f) of the Statute of the International Criminal Court, and listed below, when these crimes violate, by act or omission, the protection of persons and property guaranteed by the respective conventions, protocols, laws and customs, without prejudice to the provisions applicable to criminal offenses committed by negligence: 1 willful killing; 2 torture or other inhuman treatment, including biological experiments; 3 ° willfully causing great suffering or serious injury to body or health; 4 rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence also constituting a grave breach of the Geneva Conventions or a serious violation of article 3 common to the Geneva Conventions; 5 ° other violations of human dignity, in particular humiliating and degrading treatment; 6 Compelling to serve in the armed forces or armed groups hostile power or party a prisoner of war, a civilian protected by the Convention on the protection of civilian persons in time of war or other protected person this same respect by Protocols I and II additional to the Geneva Conventions of 12 August 1949; 7 the act of conscripting or enlisting children under the age of 15 years into armed forces or armed groups, or using them to participate actively in hostilities; 8 ° the willfully depriving a prisoner of war, a civilian protected by the Convention on the protection of civilian persons in time of war or other protected person to the same respect by Protocols I and II additional to the Geneva Conventions of 12 August 1949, of his right to fair and regular trial according to the provisions of these instruments; 9 ° deportation, transfer or moving illicit wrongful detention of a civilian protected by the Convention on the protection of civilian persons in time of war or other protected person to the same respect by Protocols I and II additional to Geneva Conventions of 12 August 1949; 10 ° the deliberate starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided by the Geneva Conventions; 60


11 ° the taking of hostages; 12 ° Destroying or seizing the enemy's property in the event of international armed conflict, or an opponent in armed conflicts not having an international character, except where such destruction or seizure be imperatively demanded by military necessity; 13 ° destruction and appropriation of property, not justified by military necessity as accepted by the right people and carried out large-scale unlawfully and wantonly; 14 ° the fact Intentionally directing attacks against the civilian, that is to say, objects which are not military objectives; 15 ° the fact Intentionally directing attacks against buildings, material, medical units and transports, and personnel using international law, the distinctive emblems of international humanitarian law; 16 ° the fact of using the presence of a civilian or other protected person by international humanitarian law to render certain points, areas or military forces immune from military operations; 17 ° the fact Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian or peacekeeping under the UN Charter, provided that if they are entitled to the protection that international law of armed conflict on civilians and guarantee civilian; 18 ° acts and omissions, not legally justified, which is likely to jeopardize the health and physical or mental integrity of persons protected by international humanitarian law, including any medical procedure that is not justified by the state of health such person or does not comply with the rules of the art of medicine generally accepted; 19 ° unless they are justified in accordance to 18 °, the acts of practice on the persons referred to 18 °, even with their consent, physical mutilations, medical or scientific experiments or tissue samples or organs for transplantation, unless whether donated blood for transfusions or donations of skin for grafting, provided that such donations are voluntary, and made for therapeutic purposes; 20 ° subjecting a deliberate attack on the civilian population or individual civilians not taking direct part in hostilities; 21 ° does launch a deliberate attack against the site or the sick and wounded are collected, provided that these places are not military objectives; 22 ° on launching an unprovoked attack knowing that it will cause loss of life, injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment, which would be excessive in relation to the concrete and direct military advantage anticipated, without prejudice to the crime of attack whose harmful effects, even proportionate to the military advantage anticipated, are incompatible with the principles of international law, such that they result from the usages established principles of humanity and the dictates of public conscience;

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23 ° on launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects which would be excessive in relation to the concrete and direct military advantage anticipated, without prejudice to the crime of attack on the harmful effects even proportionate to the military advantage anticipated would be incompatible with the principles of international law, as they result from the usages established, principles of humanity and the dictates of public conscience; 24 ° subjecting an attack or bombardment, by any means whatsoever, demilitarized zones or towns, villages, dwellings or buildings which are not military objectives; 25 ° pillaging a town or place, even when taken by assault; 26 ° subjecting a person to attack in the knowledge out of action as long as the attack results in death or injury; 27 ° killing or wounding treacherously individuals belonging to the nation or enemy or a combatant adversary; 28 ° to declare the fact that it will not make a neighborhood 29 ° the perfidious use of the distinctive emblem of the red cross or red crescent or of other protective signs recognized by international humanitarian law, provided that this fact results in death or serious injury; 30 ° is the improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, provided that this fact leads to the loss of life or injury serious; 31 ° transfer, directly or indirectly, in a territory occupied part of the civilian population of the occupying power, in the case of an international armed conflict or occupying power in the event of armed conflict non-international; 32 ° delaying without justification the repatriation of prisoners of war or civilians; 33 ° Engaging the practices of apartheid and other inhuman and degrading practices based on racial discrimination and giving rise to outrages upon personal dignity; 34 ° directing attacks against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been granted under a special arrangement so there is no evidence of a breach by the other party of the prohibition to use such objects in support of the military effort, and that these goods are not in the immediate vicinity of military objectives; 35 ° the fact Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals, provided that these buildings are not military objectives;

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36 ° due to the use of poison or poisoned weapons; 37 ° is the use of asphyxiating, poisonous or other gases and all analogous liquids, materials or devices like; 38 ° is the use of bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; The 39 ° Declaring abolished, suspended or inadmissible in a court of the rights and actions of individuals belonging to the hostile party; 40 ° the Employing weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to the Statute of the International Criminal Court. § 2. Constitute crimes under international law and are punishable under the provisions of this Title, serious violations of article 3 common to the Conventions signed at Geneva 12 August 1949, in the event of armed conflict defined by common Article 3 and listed below, when these violations affect, by action or omission, the protection of individuals guaranteed by these conventions, without prejudice to applicable criminal offenses committed by negligence: 1 damage to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; 2 violations of human dignity, in particular humiliating and degrading treatment; 3 Taking of hostages; 4 convictions and executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are generally recognized as indispensable. § 3. Constitute crimes under international law and are punishable under the provisions of this Title, serious violations as defined in Article 15 of the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague on 26 March 1999, committed in armed conflict as defined in Article 18, § § 1 and 2 of the Hague Convention of 1954 and Article 22 of the Second Protocol supra, and listed below, when these offenses violate, by act or omission, the protection of property guaranteed by the Convention and Protocol, without prejudice to the provisions applicable to criminal offenses committed by negligence: 1 to cultural property under enhanced protection the object of attack; 2 using cultural property under enhanced protection or its immediate surroundings in support of military action;

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3 destruction or appropriation on a large scale cultural property protected by the Convention and the Second Protocol. Art. 136Quinquies. <L 2003-08-05/32 inserted by art. 9 Effective: 07-08-2003> (NOTE: the last paragraph of Article 136quinquies enter into force on the date of entry into force for Belgium of the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague on 26 March 1999; see L 2003-08-05/32, art. 29, § 2) The offenses enumerated in Articles 136a and 136ter are punished by imprisonment perpetuity. The offenses enumerated in 1 °, 2 °, 15 °, 17 °, 20 ° to 24 ° and 26 ° to 28 ° of paragraph 1 of Article 136quater are punishable by life imprisonment. The offenses enumerated in 3 °, 4 °, 10 °, 16 °, 19 °, 36 ° to 38 ° and 40 ° in the same paragraph of the same Article shall be punished by imprisonment of twenty to thirty years. They are punished by life imprisonment if they resulted in the death of one or more persons. The offenses enumerated in 12 ° to 14 ° and 25 ° in the same paragraph of the same Article shall be punished by imprisonment of fifteen to twenty years. The same offense and that referred to 29 ° and 30 ° in the same paragraph of the same Article shall be punished by imprisonment of twenty to thirty years if they have resulted in an apparently incurable illness, or permanent incapacity for work, or the loss of use of an organ or a serious mutilation. They are punished by life imprisonment if they had resulted in the death of one or more persons. The offenses enumerated in 6 ° to 9 °, 11 ° and 31 ° in the same paragraph of the same Article shall be punished with imprisonment from ten to fifteen years. In the case of aggravating circumstances in the preceding paragraph, they are punished, as appropriate, to the penalties provided in this paragraph. The offenses enumerated in 5 ° and 32 ° to 35 ° in the same paragraph of the same Article shall be punished with imprisonment from ten to fifteen years, subject to the provisions more stringent criminal punishing serious injury to the dignity of the person. An offense under section 18 of the same section of the same shall be punished with imprisonment from ten to fifteen years. It is punishable by imprisonment of fifteen to twenty years old when she had serious consequences for public health. The offense listed at 39 ° in the same paragraph of the same article shall be punished by imprisonment of ten to fifteen years. The offense enumerated in paragraph 1 of Article 2 of 136quater is punishable by life imprisonment. Offenses listed in 2 and 4 of the same paragraph of the same Article shall be punished with imprisonment from ten to fifteen years, subject to the provisions more stringent criminal punishing serious injury to the dignity of the person.

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The offense enumerated in paragraph 3 of the same Article the same shall be punished with imprisonment from ten to fifteen years. The same offense is punishable by imprisonment of twenty to thirty years if it has resulted in an apparently incurable illness, or permanent incapacity for work, or loss of use of an organ, a female serious. It is punishable by life imprisonment if it resulted in the death of one or more persons. Offenses listed in points 1 to 3 of paragraph 3 of Article 136quater be punished by imprisonment of fifteen to twenty years. Art. 136sexies. <L 2003-08-05/32 inserted by art. 10, In force: 07-08-2003> Those who produce, possess or carry an instrument, appliance or any object, erect a building or transform an existing building, knowing that the instrument, device, object, the construction or alteration is to commit an offense under section 136a, and 136ter 136quater or to facilitate the commission shall be punished by the penalty provided for the offense for which they have allowed or facilitated the commission. Art. 136septies. <L 2003-08-05/32 inserted by art. 11, In force: 07-08-2003> are punished punishment for the completed offense: 1 order, even if not acted upon, to commit any of the offenses under Articles 136a, and 136ter 136quater; 2 ° the proposal or offer to commit such an offense and acceptance of such proposal or offer; 3 incitement to commit such an offense, even without effect; 4 participation within the meaning of Articles 66 and 67, such an offense, even without effect; 5 ° failure to act within the limits of their potential action on the part of those who were aware of orders for the execution of such an offense or facts that begin execution, and could prevent the consumer or end; 6 attempt, within the meaning of Articles 51 to 53, to commit such an offense. Art. 136octies. <L 2003-08-05/32 inserted by art. 12, In force: 07-08-2003> § 1. Without prejudice to the exceptions set out in paragraphs 18 °, 22 ° and 23 ° of Article 136quater, § 1, no interest, no need for political, military or national can not justify the offenses defined in Articles 136a, 136ter, 136quater, 136sexies and 136septies, even if they are committed in retaliation. § 2. The fact that the accused acted on the orders of his Government or of a superior does not exempt from liability if, in the circumstances, the order could clearly lead to the commission of an offense referred to in sections 136a , and 136ter 136quater. 3 that, ever since the forfeiture took elapsed during a period of twenty years if the offender has been struck by the decline in perpetuity, for ten years he has been hitting the lapse of ten to twenty years following a conviction for (imprisonment of five to ten years or imprisonment of five to ten years or ten

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to fifteen years), and five years if it has been struck by a decline five to ten years following a conviction for a misdemeanor. <L 2003-01-23/42, art. 34, 040; Effective: 13-03-2003> § 2. The request is sent by registered letter to the prosecutor of the domicile or residence of the person concerned and, if it did in Belgium domicile or residence is certain that of the Brussels district. The prosecutor takes all information it deems necessary and covered by the application before the Court of First Instance. The person appearing before the court sitting in chambers either in person or by an attorney or a lawyer carrying parts, calling upon him sent, by registered mail, by the prosecutor. Such notice shall contain an indication of the Chamber of the court to which the application will be given and the date and time of appearance. There will be at least a period of eight days between the notification and the date of appearance. Delivery of registered mail notification is mailed. If, on the notification, the person fails to appear either in person or by attorney, or by counsel supporting parts, the court may, before deciding the application, adjourn the case to allow the Crown to him send a new meeting. The Crown brief is filed with the court at least eight days before the scheduled hearing. The procedure continues at the hearing as misdemeanors. The judgment on the application is final. If the request is denied in whole or in part, it may be renewed before the expiry of two years from the date of the judgment. In case of death of the person concerned, appeals and applications provided in this Act may be prosecuted by his spouse, descendants, ascendants or siblings. They can also be pursued by one or more successors due to universal or particular which justify a pecuniary interest. § 3. Restitution of rights that prisoners had been deprived by the application of the preceding article, has no effect for the future. TITLE Iter. - TERRORIST OFFENCES. <Inserted by L 2003-12-19/34, art. 2, In force: 08-01-2004>

Art. 137. <Inserted by L 2003-12-19/34, art. 3, 046 In force: 08-01-2004> § 1. Constitutes a terrorist offense, an offense under § § 2 and 3, which by its nature or context, may seriously damage a country or an international organization committed intentionally and with the aim of seriously intimidating a population or unduly compelling a Government or international organization to perform or abstain from performing any act, or seriously destabilizing or destroying the fundamental political, constitutional, economic or social structures of a country or an international organization . § 2. Is, the conditions stipulated in § 1, a terrorist offense: 66


1 ° murder or grievous bodily harm referred to in sections 393 to 404, 405bis, 405ter insofar as it refers to the aforementioned articles, 409, § 1, paragraph 1, and § § 2-5, 410 in insofar as it refers to the abovementioned articles 417 ter and 417quater; 2 taken hostage in Article 347 bis; 3 removal under sections 428-430 and 434-437; 4 ° mass destruction or degradation under Articles 521, paragraphs 1 and 3, 522, 523, 525, 526, 550bis, § 3, 3, Article 15 of the Law of 5 June 1928 amending the Code disciplinary and criminal liability for the merchant navy and sea fishing, as well as Article 114 § 4 of the Act of 21 March 1991 on the reform of certain economic public companies, which have the effect of endangering human life or produce considerable economic losses; 5 ° capturing aircraft referred to in Article 30, § 1, 2 ° of the Law of 27 June 1937 amending the Law of 16 November 1919 on the regulation of air navigation; 6 to capture the fact by fraud, violence or threats against the captain of a ship referred to in Article 33 of the Law of 5 June 1928 amending the Disciplinary and Penal Code for the Merchant Navy and Marine Fisheries [1 and piracy under Article 3 of the Law of 30 December 2009 on the fight against piracy] 1; 7 offenses under the Royal Decree of 23 September 1958 laying down general rules on the manufacture, storage, holding, flow, transport and use of explosives, as amended by the Royal Decree of 1 February 2000, punishable under Articles 5 to 7 of the Act of 28 May 1956 relating to explosive substances and mixtures or may deflagrate and gear that are responsible; 8 offenses referred to in Articles 510-513, 516-518, 520, 547-549, and Article 14 of the Law of 5 June 1928 amending the Disciplinary and Penal Code for the Merchant Marine and Fisheries sea, have the effect of endangering human life; 9 offenses under the law of 3 January 1933 relating to the manufacture, trade and the carrying of weapons and ammunition to trade; 10 ° offenses referred to in Article 2, first paragraph, 2 °, of the Law of 10 July 1978 approving the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological ) and Toxin Weapons and on their Destruction, done at London, Moscow and Washington on 10 April 1972. § 3. Is also under the conditions provided in § 1, a terrorist offense: 1 ° the massive destruction or degradation, or causing a flood of infrastructure, transport systems, public property or private, has the effect of endangering human lives or produce economic losses, other than those referred to in § 2; 2 capture other means of transport than those referred to 5 ° and 6 ° of § 2;

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3 ° the manufacture, possession, acquisition, transport, supply of nuclear or chemical weapons, the use of nuclear, biological or chemical, as well as the research and development of chemical weapons; 4 ° the release of hazardous substances have the effect of endangering human life; 5 ° disturbance or interruption of water supply, electricity or any other fundamental natural resource the effect of which endanger human life; 6 threatening to commit any of the offenses listed in § 2 or this paragraph. ---------(1) <L 2009-12-30/12, art. 7, 076; Effective: 14-01-2010>

Art. 138. <Inserted by L 2003-12-19/34, art. 4, 046 In force: 08-01-2004> § 1. The penalties for the offenses listed in Article 137 § 2 shall be replaced as follows, if these offenses are terrorists 1 ° a fine, by imprisonment for one to three years; 2 of imprisonment of six months, by imprisonment for more than three years; 3 ° imprisonment for one year, by imprisonment for more than three years; 4 of imprisonment of three years or more, by imprisonment for five years; 5 ° of imprisonment of five years, with imprisonment from five years to ten years; 6 ° imprisonment for five to ten years, with imprisonment from ten to fifteen years; 7 ° imprisonment for ten to fifteen years' imprisonment for fifteen to twenty years; 8 ° imprisonment for ten years to twenty years imprisonment for fifteen to twenty years; 9 imprisonment of fifteen to twenty years' imprisonment by twenty to thirty years; 10 ° imprisonment for twenty to thirty years, by life imprisonment. § 2. Terrorist offenses referred to in Article 137, § 3, shall be punished by: 1 in the case referred to 6 °, the imprisonment of three months to five years when the threat relates to an offense punishable by a misdemeanor, and the imprisonment of five to ten years when the threat relates to an offense punishable a criminal penalty; 2 ° imprisonment of fifteen to twenty years in the cases referred to in points 1, 2 and 5; 3 ° imprisonment in the cases referred to 3 ° and 4 °.

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Art. 139. <Inserted by L 2003-12-19/34, art. 5, 046 In force: 08-01-2004> Provides a terrorist group structured association of more than two persons, established over time and acting in concert to commit terrorist offenses referred to in Article 137. An organization whose real purpose is exclusively political, labor, philanthropic, philosophical, religious or any other exclusively pursuing the legitimate aim can not as such be regarded as a terrorist group within the meaning of paragraph 1 . Art. 140. <Inserted by L 2003-12-19/34, art. 6, 046 In force: 08-01-2004> ยง 1. Any person who participates in an activity of a terrorist group, including by supplying information or material resources to the terrorist group, or by any form of funding activity of a terrorist group, with knowledge that such participation contributes to commit a crime or offense of a terrorist group, shall be punished with imprisonment from five years to ten years and a fine of one hundred to five thousand euros euros. ยง 2. Any leader of the terrorist group is punishable by imprisonment of fifteen to twenty years and a fine of one thousand to two hundred thousand euros euros. Art. 141. <Inserted by L 2003-12-19/34, art. 7, 046 In force: 08-01-2004> Any person who, except in the cases provided for in Article 140, provides material resources, including financial assistance, for the commission of a terrorist offense referred to Article 137, shall be punished with imprisonment from five years to ten years and a fine of one hundred to five thousand euros euros. Art. 141bis. <Inserted by L 2003-12-19/34, art. 8, In force: 08-01-2004> This title does not apply to the activities of armed forces during an armed conflict, as defined and governed by international humanitarian law, or the activities of the armed forces a State in the exercise of their official duties, provided that they are governed by other rules of international law. Art. 141ter. <Inserted by L 2003-12-19/34, art. 9, In force: 08-01-2004> Nothing in this Title shall be construed as to reduce or restrict fundamental rights or freedoms such as the right to strike, freedom of assembly, association or expression, including the right to form and to join trade unions and to join in the defense of its interests, and the right to manifest associated with it, and as enshrined in Articles 8 to 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

TITLE II. - CRIMES AND OFFENSES THAT AFFECT THE RIGHTS GUARANTEED BY THE CONSTITUTION. CHAPTER I. - OFFENCES RELATING TO THE EXERCISE OF POLITICAL RIGHTS. <Repealed by L 2003-1219/34, art. 10, 046 In force: 08-01-2004> CHAPTER I. - OFFENCES RELATING TO FREEDOM OF WORSHIP. <L 2003-12-19/34, art. 11, 046 In force: 08-01-2004> 69


Art. 142. Any person who, by violence or threats will be constrained or prevented one or more persons from practicing a religion, to attend the exercise of worship, celebrate religious festivals, observing certain days of rest, and, consequently, to open or close their shops, boutiques and shops, and do some work or leave, shall be punished by imprisonment from eight days to two months and a fine of twentysix [euros ] two hundred [EUR]. Art. 143. Those who, by disturbances or disorders, have prevented, delayed or interrupted exercises of worship practiced in a place designed or ordinarily used for worship or public ceremonies of this religion, shall be punished by imprisonment for eight days to three months and a fine of twenty-six [euros] five hundred [EUR]. Art. 144. Any person who, by acts, words, gestures or threats, has insulted the objects of worship, or in places designed or ordinarily used for its exercise, whether in public ceremonies of this cult, shall be punished by imprisonment fifteen days to six months and a fine of twenty-six [euros] five hundred [EUR]. Art. 145. Shall be punished with the same penalties that made by words, gestures or threats, has insulted the minister of religion, in the exercise of his ministry. If he hit, he shall be punished by imprisonment of two months to two years and a fine of fifty [EUR] five hundred [EUR]. Art. 146. If the shots were due to bloodshed, injury or illness, the offender shall be punished with imprisonment of six months to five years and a fine of one hundred [euros] a thousand [euros]. CHAPTER II. - VIOLATIONS OF PUBLIC OFFICIALS MADE BY THE RIGHTS GUARANTEED BY THE CONSTITUTION. <L 2003-12-19/34, art. 12, 046 In force: 08-01-2004> Art. 147.Tout public official or officer, or any trustee or agent of the authority of the police, who will stop or illegally and arbitrarily arrested, detained or made to hold one or more persons, shall be punished with imprisonment of three months two years. The imprisonment is six months to three years if the illegal and arbitrary detention lasted more than ten days. If it lasted more than a month, the offender shall be sentenced to imprisonment for one to five years. It will, moreover, be liable to a fine of fifty [euros] a thousand [euros] and may be sentenced to the prohibition of fees set out in Nos. 1, 2 and 3 [1 of Article 31, paragraph first] 1. ---------(1) <L 2009-04-14/01, art. 10, 073; Effective: 15-04-2009> Art. 148. Any official administrative or judicial officer or any police officer or any commander of the police force which, acting in that capacity, will be introduced into the home of a resident against the will 70


of one , exclusive of the cases and without the formalities prescribed by law, shall be punished with imprisonment from eight days to six months and a fine of twenty-six [EUR] two hundred [EUR]. Art. 149. (Repealed) <L 26-12-1956, art. 36> Art. 150. (Repealed) <L 13-10-1930, art. 31> Art. 151. Any other arbitrary action and the freedoms and rights guaranteed by the Constitution, ordered or executed by a public official or officer by a custodian or agent of the authority or the police force, shall be punished by imprisonment for a term of fifteen days one year. Art. 152. If the defendant proves that he acted by order of his superiors for objects spring them and on which they had been hierarchical obedience, the penalties imposed by the preceding Articles shall apply only to executives who have given order. Art. 153. If public officials or officers, accused of having ordered, authorized or facilitated one of the acts referred to in Articles 148 to 151, claim that their signature was surprised, they will be bound by, if necessary, discontinue act to denounce the guilty, otherwise they will be sued personally. Art. 154. (See NOTE in TITLE) If any arbitrary acts referred to in Articles 148 to 151 has been committed by the false signature of a public official, the authors of false and those who maliciously or fraudulently, to have made use be punished (the prison) ten to fifteen years. <L 2003-01-23/42, art. 40, 040; Effective: 13-03-2003> Art. 155. Officers and public officials responsible for the administrative or judicial police, who, having the power, have neglected or refused to stop illegal detention brought to their attention, shall be punished by imprisonment of one month to one year. Art. 156. Officers and public officials responsible for the administrative or judicial police, who do not have the power to stop an illegal detention, have neglected or refused to see that which has been brought to their attention, and denounce the competent authority, shall be punished with imprisonment from eight days to six months. Art .. Managers, commanders, guards and janitors (prisons), who have received a prisoner without legal warrant or order or trial; <L 1999-05-07/61, art. 2, 025; Effective: 01-07-1999> Those who have chosen or have refused to represent him at the police officer or the holder of his orders, without justifying the defense of the public prosecutor or judge; <L 2005-01-12/39, art. 170, 050; Effective: 15-01-2007> Those who refuse to show their records to the police officer; Shall be punished by imprisonment of fifteen days to two years and a fine of twenty-six [EUR] two hundred [EUR].

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Art. 158. Shall be punished by a fine of two hundred [EUR] two thousand [euros], and may be sentenced to the prohibition of the right to perform duties, jobs or public offices, all judges, all officers of the Crown or the police, all other public officers who, without the necessary permits, have caused, gives, or signed a judgment against a minister, a senator or representative, or a warrant or tending to prosecute or impeach them or who, without the same permissions will be given or signed the order or warrant to seize or stop either a minister or a senator or representative, except on the last two, the case of flagrante delicto. Art. 159. Will be punished with the same penalty the public prosecutors, judges or officials who have been detained or restrain a person from the premises determined by the government or public administration.

TITLE III. - CRIMES AND CRIMES AGAINST PUBLIC FAITH. CHAPTER I. - THE COUNTERFEIT MONEY. Art. 160. (See NOTE in TITLE) <L 12-07-1932, art. 1, 1> Whoever counterfeit gold coins and silver legal tender in Belgium or abroad will be punished (the prison) ten to fifteen years. <L 2003-01-23/42, art. 41, 040; Effective: 13-03-2003> Art. 161. (See NOTE in TITLE) shall be liable to the (imprisonment of five to ten years) who have weathered the same currencies. <L 2003-01-23/42, art. 42, 040; Effective: 13-03-2003> Art. 162. <L 2001-04-04/39, art. 2, 031; Effective: 03-07-2001> Whoever has forged other metal coins legal tender in Belgium or abroad or have counterfeit coins denominated in euro shall be punished by imprisonment for five years to ten years. The culprit may, in addition, be sentenced to the prohibition under Article 33. Art. 163. <L 2001-04-04/39, art. 3, 031; Effective: 03-07-2001> Altered same currencies shall be punished by imprisonment of five to ten years. Art. 164. (Repealed) <L 12-07-1932, art. 1, 3>

Art. 165. (Repealed) <L 12-07-1932, art. 1, 3> Art. 166. (Repealed) <L 12-07-1932, art. 1, 3> Art. 167. (Repealed) <L 12-07-1932, art. 1, 3> Art. 168. Shall be punished as counterfeiters or as accomplices, according to the distinctions in the preceding articles, who, in concert with them will be involved in the issue or attempt to issue said counterfeited or altered money or their introduction in Belgium or attempted introduction. 72


Art. 169. Who, without being guilty of participation set forth in the preceding article, shall be provided with knowledge, coins counterfeit or altered and will be circulated, or attempted to introduce into circulation, shall be punished with imprisonment of one month to three years. (Whoever, in order to put them into circulation, has received or will be procured counterfeit coins or altered shall be punished with imprisonment from eight days to one year.) <L 12-07-1932, art. 1, 4> (The attempt of the offense under the preceding paragraph shall be punished with imprisonment from eight days to six months.) <L 12-07-1932, art. 1, 4> Art. 170. Who, having received for good coins counterfeited or altered, will the recirculated after having been checked or verified defects, shall be punished by a fine of twenty-six [euros] a thousand [euros]. (The attempt of the offense under the preceding paragraph shall be punished by a fine of twenty-six [EUR] two hundred [EUR].) <L 2001-04-04/39, art. 4, 031; Effective: 03-07-2001>

SPECIAL PROVISIONS. Art. 171. (See NOTE in TITLE) Those who will commit fraud in the selection of samples for in monetary enforcement, verification of title and the weight of the gold coins and silver will be condemned (the imprisonment) for fifteen to twenty years. <L 2003-01-23/42, art. 43, 040, ED: 13-03-2003> Art. 172. (See NOTE in TITLE) Those who have committed this fraud in the selection of samples of other metal coins will be punished with (imprisonment of five to ten years). <L 2003-01-23/42, art. 44, 040; Effective: 13-03-2003>

CHAPTER II. - OR INFRINGEMENT OF FORGERY OF GOVERNMENT SECURITIES, SHARES, BONDS, INTEREST COUPONS AND BANKNOTE PERMITTED BY LAW. Art. 173. <L 2001-04-04/39, art. 5, 031, Effective: 03-07-2001> shall be punished by imprisonment of fifteen to twenty years, those who have counterfeited or forged bonds issued by the Treasury, interest coupons attached to such bonds, vouchers, checks or wire transfers issued by cash, bearer notes issued by the treasury or bank notes bearing legal tender or whose issue is authorized by a law or statute or labels Euro. Be punished the same, those who forged or falsified bearer notes legal tender or whose issue is authorized by a law of a foreign country or under a relevant provision having the force of law. Art. 174. (See NOTE in TITLE) shall be punished (the prison) ten to fifteen years, those who have forged or falsified or bearer bonds of the public debt of a foreign country, or interest coupons relating to such securities (...). <L 12-07-1932, art. 1, 6> <L 2003-01-23/42, art. 45, 040; Effective: 13-03-2003> 73


Art. 175. (See NOTE in TITLE) <L 2003-01-23/42, art. 46, 040; Effective: 13-03-2003> Those who have forged or falsified or in stocks, bonds or other securities legally issued by provinces, municipalities, government or public institutions, under any name whatsoever, by companies or individuals, or interest coupons or dividends on these shares will be punished by ten to fifteen years' imprisonment, if the broadcast took place in Belgium and five to ten years the same penalty if the broadcast took place abroad. Art. 176. Shall be punished as counterfeiters or as accomplices, according to the distinctions in the preceding articles, who, together with them, have participated in either the issue or attempt to issue these shares, bonds, coupons or counterfeit or forged, or their introduction in Belgium, or the attempt of this introduction. Art. 177. Who, without being guilty of participation set forth in the preceding article, shall be provided with knowledge, these stocks, bonds, coupons, counterfeit or forged and has issued or attempted to make, shall be punished by imprisonment one year to five years. (Whoever, in order to put them into circulation, has received or will be procured counterfeit or falsified shall be punished by imprisonment of six months to three years.) <L 12-07-1932, art. 1, 7> (The attempt of the offense under the preceding paragraph shall be punished by imprisonment of three months to one year.) <L 12-07-1932, art. 1, 7> Art. 178. Whoever, having been good for stocks, bonds, coupons or counterfeit or forged the will recirculated after checking or fact checking services, shall be punished by imprisonment of one month to one year and a fine of fifty [euros] a thousand [euros], or one of these penalties. (The attempt of the offense under the preceding paragraph shall be punished by imprisonment of fifteen days to six months and a fine of twenty-six [EUR] five hundred [euros] or one of these penalties. ) <L 2001-04-04/39, art. 6, 031; Effective: 03-07-2001> CHAPTER IIa. <Inserted by L 2001-12-10/31, art. 19, In force: 01-01-2002> - PROTECTION OF MONEY SIGNS WHICH IS LEGAL.

Art. 178bis. <Inserted by L 2001-12-10/31, art. 20, In force: 01-01-2002> Whoever issued a monetary sign intended for use by the public as a means of payment without having been authorized by the competent authority, shall be punished by imprisonment of one month to one year and a fine of 50 to EUR 10 000, or one of these penalties. ". Art. 178ter. <Inserted by L 2001-12-10/31, art. 21, In force: 01-01-2002> Whoever knowingly used a monetary sign legal tender in Belgium or abroad as a message carrier, commercial or otherwise, or who knowingly have made in the use as a means of payment more difficult by deteriorating, smearing, overloading or improper rendering any manner whatsoever, shall be punished with imprisonment from eight days to three months and a fine of 26 to 1 000 EUR or one of these penalties. 74


CHAPTER III. - TAMPERING OR INFRINGEMENT OF SEALS, STAMPS, RAVIOLI, TRADEMARKS, ETC. Art. 179. (See NOTE in TITLE) shall be punished (the prison) ten to fifteen years, those who forged the seal of the State, or uses counterfeit seal. <L 2003-01-23/42, art. 47, 040; Effective: 13-03-2003> Art. 180. <L 2001-04-04/39, art. 7, 031; Effective: 03-07-2001> shall be punished by imprisonment of five to ten years: Those who have forged or falsified or national stamps or punches for marking materials of gold or silver. Those who have made use of these stamps or hallmarks forged or falsified. Those who have forged or falsified punches, corner, square, or other objects or means for the coinage. Those who have forged or falsified punches, blocks, plates or other objects or means for the manufacture or stamps, or of shares, bonds, interest coupons or dividends, or bearer notes issued by the treasury or bank notes which are legal tender, or the issue has been authorized by an Act or an Act or denominated in euro. Art. 181. Will be punished with the same penalty who knowingly exposed for sale papers or materials of gold or silver marked with a stamp or punch forged or falsified. Art. 182. If the marks affixed by the office of guarantee were fraudulently applied to other objects, or if these marks or stamp impression were forged without the use of a stamp or a stamp forged, the guilty will be punished by imprisonment of six months to five years. Art. 183. Whoever, having obtained knowledge of paper marked with a stamp forged or falsified, will have used, shall be punished with imprisonment from eight days to six months. Art. 184. Shall be punished by three months to three years in prison and could be sentenced to the prohibition under Article 33: Whoever has forged coupons for the transport of persons or things, or will make use of the coupon infringed; Whoever has the counterfeit seal, stamp or mark or any authority or a private institution, bank, industry or commerce, or of an individual, or will make use of seals, stamps or counterfeit brands. Attempting these offenses shall be punished by imprisonment of one month to one year. Art. 185. Shall be punished with imprisonment from two months to three years who, having improperly obtained the true seals, stamps, dies and marks having one of the destinations expressed in articles 179 and 180, has made an application or use prejudicial to the rights and interests of the State, any authority or even an individual. 75


The attempt of the offense shall be punished by imprisonment of fifteen days to one year. Art. 185a. <L 2001-04-04/39, art. 8, 031; Effective: 03-07-2001> shall be punished with imprisonment from eight days to one year: Those who, with fraudulent intent, have received or will be provided punches, corner, square, or other objects or means forged or falsified referred to the penultimate paragraph of section 180, is the real punches, wedges , square or other objects or means for the manufacture of currency. Those who, with fraudulent intent, have received or will be provided the punches, blocks, plates or other objects or resources, counterfeit or forged intended by their nature to counterfeiting or falsification of bearer Notes issued by the treasury or bank notes which are legal tender, or the issue has been authorized by an Act or an Act or denominated in euro or the real punches, blocks, plates or other objects or means for in the manufacture of these tickets. Art. 186. <L 2001-04-04/39, art. 9, 031; Effective: 03-07-2001> Those who have forged or falsified seals, stamps, punches or marks having one of the destinations specified in Articles 179 and 180 belonging to foreign countries, or who have done use of these seals, stamps, punches or marks forged or counterfeit, shall be punished with imprisonment from five years to ten years. Be punished with the same penalty Those who have forged or falsified punches, corner, square, or other objects or means intended for the manufacture of foreign currencies. Those who have forged or falsified punches, blocks, plates or other objects or means for the manufacture of bearer Notes issued by a state or foreign banknotes are legal tender or whose issue is authorized by a law of a foreign country or to a provision having the force of law. Those who counterfeit seal, stamp or mark of any foreign authority or have made use of seals, stamps or marks counterfeit, shall be punished by imprisonment of three months to three years and may beings condemned to prohibition pursuant Article 33. The attempt of the offense shall be punished by imprisonment of one month to one year. Art. 187. (Will be punished by imprisonment of one month to two years who, having improperly obtained the true seals, stamps, punches or marks having one of the destinations specified in Articles 179 and 180 belonging to foreign countries, will have made an application or use prejudicial to the rights and interests of these countries, any authority or even an individual.) <L 22-06-1896, art. 2> The attempt of the offense shall be punished by imprisonment from eight days to six months. Art. 187a. <L 2001-04-04/39, art. 10, 031; Effective: 03-07-2001> Shall be punished with imprisonment from eight days to one year:

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Whoever, with intent to defraud, has received or will be provided punches, corner, square, or other objects or forged or falsified means referred to in Article 186, paragraph 3, or real punches, corner, square, or other objects or means for the production of foreign currencies. Whoever, with intent to defraud, has received or will be provided either punches, blocks, plates or other objects or forged or falsified means referred to in Article 186, paragraph 4, is the real punches, blocks, plates other objects or means for the manufacture of bearer Notes issued by a state or foreign banknotes are legal tender or whose issue is authorized by a law of a foreign country or to a provision having the force of law. Art. 188. Shall be punished by imprisonment from two months to three years and may be sentenced to the prohibition under Article 33, those who have counterfeited postage stamp or other adhesive stamps or foreign, or who have exposed for sale or put into circulation counterfeit stamps. The counterfeit attempt shall be punished by imprisonment of one month to one year. Art. 189. Those who, having procured postage stamps or other adhesive stamps counterfeit, have so used, shall be punished by imprisonment from eight days to one month. Art. 190. Shall be punished by a fine of twenty-six [EUR] three hundred [EUR] Those who removes, or a stamp or other adhesive patch, or a coupon for the transport of persons or things, the mark indicating they have already served; Those who have made use of a stamp or coupon which was removed this brand. Art. 190bis. <Inserted by L 1991-03-21/30, art. 150, 006; Effective: 01-10-1992> The provisions of sections 188 to 190 do not apply only to adhesive stamps, but also those that are printed on documents issued by POST, so that values represented by postage machine impressions or symbols approved by POST.

Art. 191. Whoever is affixed or affixed by adding, removing, or any alteration on factory objects, the name of a manufacturer other than the one who is the author, or the trade name of a plant other than the manufacture, shall be punished by imprisonment of one to six months. The same penalty shall be imposed against any dealer, broker or retailer who knowingly exposed any sale or distributed objects marked with fictitious names or altered.

PROVISIONS COMMON TO THE THREE PRECEDING CHAPTERS. Art. 192. <L 12-07-1932, art. 1, 11> Persons guilty of the offenses referred to in Articles 160 to 168, 169, paragraph 2, 171-176, 177, paragraph 2, the last two paragraphs of Article 180, Articles 185a, 186, paragraphs 2 to 4, 187a, 497, paragraph 2, and Article 497bis, paragraph 1, shall be exempt from 77


punishment if, before issuing coins, counterfeit or altered or forged or falsified documents, and before any proceedings, they gave knowledge and the authors revealed authority. Art. 192bis. <Inserted by L 2001-04-04/39, art. 11, In force: 03-07-2001> Facts qualified infringement on the euro, described in Chapters I, II and III of this Title, shall be punished with penalties to the same provisions when they are committed to the against coins or banknotes Belgian or a Member State of the European Union no longer legal tender, or the issue is no longer allowed due to the introduction or adoption of changeover. Art. 192bis. <Inserted by L 2001-04-04/39, art. 11, In force: 03-07-2001> Facts qualified infringement on the euro, described in Chapters I, II and III of this Title, shall be punished with penalties to the same provisions when they are committed to the against coins or banknotes Belgian or a Member State of the European Union no longer legal tender, or the issue is no longer allowed due to the introduction or adoption of changeover. Art. 192ter. <Inserted by L 2005-01-10/38, art. 2 ED: 20-02-2005> ยง 1. Who, having been sentenced to a term of imprisonment of more than five years by a court of a Member State of the European Union for the acts referred to in Articles 160 to 170, 173, 176 to 178, 180, and 185 at 187a, has committed to one of these new facts, may be sentenced to imprisonment of ten to fifteen years, if the act is a crime carrying imprisonment of five to ten years. If this fact is a crime carrying imprisonment of ten to fifteen years, he may be sentenced to imprisonment of fifteen to twenty years. He was sentenced to imprisonment for seventeen years at least, if that is a crime carrying the imprisonment of fifteen to twenty years. ยง 2. Who, having been sentenced to a term of imprisonment of more than five years by a court of a Member State of the European Union for the acts referred to in Articles 160 to 170, 173, 176 to 178, 180, and 185 at 187a, has committed to one of these new facts, may be sentenced to twice the maximum supported by the law against this, if that is an offense ยง 3. Who, having been sentenced to a term of imprisonment of at least one year by a court of a Member State of the European Union for the acts referred to in Articles 160 to 170, 173, 176 to 178, 180, and 185 to 187a, has committed to one of these new facts, may be sentenced to twice the maximum supported by the law against this, if that is an offense.

CHAPTER IV. - FALSE ENTRIES IN CLERK, COMPUTER AND THE TELEGRAPH WIRES. <L 2000-11-28/34, art. 2, 028; Effective: 13-02-2001> Art. 193. The forgery committed in writing (by computer) or in telegraphic dispatches, with fraudulent intent or purpose of injuring, shall be punished in accordance with the following articles. <L 2000-1128/34, art. 3, 028; Effective: 13-02-2001>

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SECTION I. - FALSE ENTRIES IN AUTHENTIC AND PUBLIC IN SCRIPTURE OF TRADE OR PRIVATE BANK AND WRITINGS. Art. 194. (See NOTE in TITLE) Any officer or public officer in the exercise of its functions, has committed a wrong, Either by false signatures, Or by alteration acts, writings or signatures, Either assumption people Either by entries made on or inserted records or other public acts, from their manufacture or closing Be punished (the prison) ten to fifteen years. <L 2003-01-23/42, art. 48, 040; Effective: 13-03-2003> Art. 195. (See NOTE in TITLE) be punished (the prison) ten to fifteen years, official or public officer who, by writing the acts of his ministry, has distorted the substance or circumstance <L 2003-01 - 23/42, art. 48, 040; Effective: 13-03-2003> Or writing conventions other than those which have been drawn or dictated by the parties, Noting is as true facts which were not.

Art. 196. (See NOTE in TITLE) Will be punished (imprisonment of five to ten years) other persons who have committed a forgery authentic and public and all persons who have committed a forgery of trade, bank or in writing private <L 2003-01-23/42, art. 49, 040; Effective: 13-03-2003> Either by false signatures, Either through forgery or alteration of records or signatures, Either by making agreements, arrangements, obligations or discharges or by inclusion in the Proceedings afterwards, Either by addition or alteration clauses, statements or facts that these acts were intended to receive or observe. Art. 197. In all cases expressed in this section, the use of which has made the act of false or counterfeit coin shall be punished as if he were the author of the fake.

SECTION II. - FALSE PASSPORT IN THE CLERK, PORTS OF ARMS BOOKS, AND CERTIFICATES ROADMAPS.

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Art. 198. Whoever forged or falsified passport (a document referred by the Weapons Act) or a book, or have used a passport (document under the Weapons Act) or booklet forged or falsified, shall be punished imprisonment of one month to one year. <L 2006-06-08/30, art. 39, 057, ED: 09-06-2006> Art. 199. Whoever caught in a passport (a document under Arms Act) or a booklet, an assumed name, or have competed as a witness to issue such documents, under the assumed name, shall be punished with imprisonment of eight days to six months. <L 2006-06-08/30, art. 39, 057; Effective: 09-06-2006> Art. 199bis. <L 14-08-1974, art. 15> shall be punished by imprisonment of eight days to six months and a fine of 26 [euro] 500 [euro], or one of these penalties: 1 person, with fraudulent intent, uses, sells to a third party, or accepts a third, a passport, a travel document, identity card or document in lieu thereof, and forms from which they are issue, or does not comply with prohibitions and restrictions that are imposed; 2 person fails to comply, within the time limit, a decision to withdraw a passport or document in lieu thereof, issued by the competent authority.

Art. 200. Shall be punished with one month to two years' imprisonment who have made, forged or falsified a roadmap or avails of a roadmap manufactured, counterfeited or falsified. Art. 201. Any person who shall cause to be issued by the public officer a road under an assumed name or taking a false capacity, shall be punished with imprisonment from eight days to two years. Art. 202. The public official who has issued a passport (a document under Arms Act), a booklet, a roadmap to a person he did not know, without having his name and confirm by two citizens known to him, shall be punished by a fine of twenty-six [EUR] two hundred [EUR]. <L 2006-06-08/30, art. 39, 057; Effective: 09-06-2006> If the public officer was instructed to guess the name or quality when issuing these documents, he shall be punished by imprisonment of six months to three years. He shall be punished by imprisonment for one to five years, it has been moved by gifts or promises. In the latter two cases, it may also be sentenced to the prohibition under Article 33. Art. 203. Shall be punished by imprisonment from eight days to one year, any person who, to redeem or another free service required by law, or any other obligation imposed by law, have produced a medical certificate or infirmity, either in the name of a doctor, surgeon or other medical officer, or under any name by adding falsely of these qualities. Art. 204. Any physician, surgeon or other officer of health, to encourage someone has falsely certified disease or infirmity own to provide a service or have any other legal obligation imposed by law, shall be punished by imprisonment eight days to two years. 80


If it has been moved by gifts or promises, he shall be punished by imprisonment for one to five years, and may, moreover, be condemned to prohibition, in accordance with Article 33. Art. 205. Whoever made under the name of a public official or officer, a certificate of good conduct, poverty or other circumstances specific to call the benevolence of the public authority or individuals on the person named therein, or get him places, credit or relief, shall be punished by imprisonment of one month to one year. If the certificate has been produced under the name of an individual, the offender shall be punished with imprisonment from eight days to six months.

Art. 206. Those who have made under the name of a public official or officer, certificates of any kind that may jeopardize public or private interests, shall be punished by imprisonment of six months to five years and may, in addition, be sentenced the prohibition, in accordance with Article 33. If the certificate has been produced under the name of an individual, the offender shall be punished with imprisonment from two months to one year. Art. 207. Whoever has forged a certificate, and one that will be served by a certificate falsified, forged or manufactured in the circumstances set out in Articles 203, 204, 205 and 206, shall be punished with penalties imposed by these articles and by the distinctions that they establish. Art. 208. (See NOTE in TITLE) Any officer or public officer in the exercise of its functions, has issued a false certificate, fake certificates, or uses a false or forged certificate, shall be punished (imprisonment for five to ten years). <L 2003-01-23/42, art. 49, 040; Effective: 13-03-2003> Art. 209. Those who have competed as witnesses to issue a false certificate by a public authority shall be punished by imprisonment from eight days to two years. If they have been corrupted by gifts or promises, they will be punished by imprisonment of six months to three years and may be sentenced to the prohibition, in accordance with Article 33. Art. 210. <L 17-12-1963, art. 3> He who is entrusted by law or under it to keep a record or records concerning housing passenger knowingly put these people under false names or will falsify the record or records of any such way, shall be punished with imprisonment from eight days to three months.

SECTION IIa. - False computer. <L 2000-11-28/34 inserted by art. 4, In force: 13-02-2001> Art. 210bis. <L 2000-11-28/34 inserted by art. 4, ED: 13-02-2001> ยง 1. Whoever commits forgery, by introducing into a computer system, by changing or deleting data that is stored, processed or transmitted by a computer system, or altering by any technological means possible use of data in a computer system, and thereby alter the legal effect of such data, shall be punished by imprisonment of 81


six months to five years and a fine of twenty-six [euros] a hundred thousand [euros] or one of these penalties. § 2. Whoever makes use of data obtained, knowing that they are false, shall be punished as if he were the author of the false. § 3. Attempt to commit an offense under § 1 and shall be punished by imprisonment of six months to three years and a fine of twenty-six [EUR] fifty thousand [euros] or one of these penalties . § 4. The penalties provided for in § § 1 to 3 are doubled if a breach of any of these provisions is committed within five years after the imposition of a conviction for any such offense or offenses referred to in Articles 259b , 314bis, 504quater or under IXbis.

SECTION III. - FALSE CLERK IN THE TELEGRAPH WIRES. Art. 211. Officers, employees and agents of a telegraph service, who have committed a forgery in the exercise of their functions, manufacturing or falsified telegrams, shall be punished by imprisonment for one to five years. Art. 212. Whoever has made use of false dispatch shall be punished as if he were the author of the fake.

PROVISIONS COMMON TO THE PREVIOUS FOUR CHAPTERS. Art. 213. The application of the penalties against those who have made use of coins, bills, coupons, tickets, seals, stamps, dies, marks, telegrams and written counterfeit, forged or falsified, will place only those people will makes use of the wrong thing, with fraudulent intent or purpose of injuring. Art. 214. In the cases provided for in the preceding four chapters for which no fine is specially scope, it will be imposed a fine of twenty-six [EUR] two thousand [euros].

CHAPTER V. - THE FALSE TESTIMONY AND FALSE OATH. Art. 215. (See NOTE in TITLE) The false testimony in criminal or against the defendant or on his behalf, shall be punished (imprisonment of five to ten years). <L 2003-01-23/42, art. 49, 040; Effective: 13-032003> Art. 216. <L 2003-01-23/42, art. 50, 040; Effective: 13-03-2003> If the accused was sentenced to be detained for more than ten years, or a life time of more than ten years, a false witness who will testify against he shall suffer the penalty of imprisonment of ten to fifteen years.

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He suffered the imprisonment of twenty to thirty years, if the accused was sentenced to life imprisonment. Art. 217. The penalties imposed by the two preceding articles shall be reduced by an amount pursuant to Article 80, when people called to court to give simple information are guilty of misrepresentation or against the accused, either in its favor. Art. 218. The guilty of perjury in corrections, either against the defendant or on his behalf, shall be punished by imprisonment of six months to five years. Art. 219. The guilty of perjury policing or against the defendant or on his behalf, shall be punished with imprisonment of three months to one year. Art. 220. Perjury in civil matters shall be punished with imprisonment from two months to three years. Art. 221. The interpreter and expert guilty of misrepresentation or criminal case against the accused or his favor or in correctional or police against the accused or his favor or in civil matters, shall be punished as false witnesses, in accordance with Articles 215, 216, 218, 219 and 220. The expert criminal who was heard without oath will be punished in accordance with Article 217. Art. 221bis. <L 10-10-1967, art. 132> Anyone who is responsible for carrying out the literal record of a civil investigation, knowingly omitted a question, statement, answer or arrest, knowingly alters its content by addition, deletion or alteration of words or phrases, denatured, removed or made to disappear, in whole or in part the notes or devices used to collect the recorded speech, made use of these notes or devices, reproduced or disclosed their contents for purposes unrelated to the investigation, or knowingly transcribed words incorrectly recorded, shall be punished with imprisonment from eight days to three years and a fine of twenty-six [EUR] five hundred [euro], or one of these penalties. He shall be punished by a fine of twenty-six [EUR] five hundred [EUR] he failed to take necessary precautions to prevent the loss or distortion or notes or devices used to collect recorded speech or the use of these notes or devices, reproduction or disclosure of their contents for purposes other than the investigation. Art. 222. <L 10-10-1967, art. 133> In the cases provided for in Articles 217, 218, 219, 220, 221 and 221bis, paragraph 1, the offender may, in addition, be sentenced to the prohibition under Article 33. Art. 223. <L 10-10-1967, art. 134> The culprit subornation of witnesses, experts, interpreters or persons referred to in Article 221bis shall be liable to the same penalties as a false witness, according to distinctions made by sections 215 to 222. Art. 223bis. <L 10-10-1967, art. 135> Whoever, except in the case referred to in Article 221bis, will be distorted, evaded or made to disappear, in whole or in part, notes or devices used to collect the words recorded during a survey in civil or used these notes or devices, reproduced or disclosed their contents

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for purposes other than the investigation will be liable to the penalties provided for in Articles 220 and 222. Art. 224. (The guilty of perjury, false statements or facts referred to in Articles 221bis and 223bis, which has received money, reward or promise any, will be sentenced again, to a fine of fifty [euros ] three thousand [euros].) <L 10-10-1967, art. 136> The same penalty will be applied to the seducer, without prejudice to other penalties. Art. 225. The foregoing provisions relating to false statements does not apply to children under the age of sixteen, or to persons who are heard without oath, on the basis of kinship or of covenant that unites the accused or defendants, when these statements were made in favor of the accused or defendants.

Art. 226. To whom the oath has been or referred in civil matters, and who has made a false oath, shall be punished by imprisonment of six months to three years and a fine of twenty-six [EUR] ten thousand [euros], and may, moreover, be condemned to prohibition, in accordance with Article 33. (Is that the same penalties that made a false oath in a sealed opposition or inventory.) <L 10-10-1967, art. 167>

CHAPTER VI. - FUNCTION OF THE THEFT OF SECURITIES OR NAMES. Art. 227. Be interfered anyone in public office, civil or military, shall be punished by imprisonment from one month to two years. Art. 227bis. <L 07-05-1947, art. single> ยง 1. Shall be punished by a fine of two hundred [euros] a thousand [euros] who, without right, to be publicly attributed the title or rank belonging as or alternates to those involved in the exercise of public power or performing a public service, civil or military.) <L 0102-1977, art. single> ยง 2. Shall be punished by a fine of one hundred to five hundred [euros], reserve officers, retired officers, officers and reserve officers who hold an honorary rank, who have borne the title of public officer as that of their without forward grade, as appropriate, the reference to "reserve", "pensioner", "fee", "reserve fee". Art. 227ter. <L 10-10-1967, art. 138> Anyone will be publicly attributed, either as a lawyer, without being registered with the College or a list of trainees, the title of Honorary Solicitor, be pledged without the authorization referred to in Article 436 of the Judicial Code, shall be punished by a fine of two hundred [euros] a thousand [euros]. Art. 228. Any person who publicly wore a suit, uniform, decoration, ribbon, or other insignia of an order that does not belong, shall be punished by a fine of two hundred [euros] a thousand [euros]. 84


Art. 229. The Belgian who publicly raised decoration, ribbon or other insignia of a foreign order before obtaining permission of the King, shall be punished by a fine of fifty [EUR] five hundred [EUR].

Art. 230. Shall be punished by a fine of two hundred [euros] a thousand [euros], anyone will be publicly awarded titles of nobility that does not belong to him. Art. 231. Whoever publicly taken a name that does not belong to them shall be punished with imprisonment from eight days to three months, and a fine of twenty-five [EUR] three hundred [euro], or both only. Art. 232. Any officer, any public officer who, in his actions, assign the persons named names or titles of nobility which is not theirs will be punished, in the case of collusion, a fine of two hundred [euros] a thousand [euros].

TITLE IV. - (CRIMES AND CRIMES AGAINST PUBLIC ORDER COMMITTED BY PERSONS WHO ARE A PUBLIC OR BY MINISTERS OF WORSHIP IN THE EXERCISE OF THEIR MINISTRY.) <L 1999-02-10/39, art. 2, 023; Effective: 02-04-1999> CHAPTER I. - COALITION OF OFFICIALS.

Art. 233. When measures contrary to law or royal decrees have been collusive, or in a meeting of individuals or body custodians of any part of the public authority or by deputation or correspondence between them, the guilty will be punished with a imprisonment of one month to six months. Art. 234. (See NOTE in TITLE) If, by any means expressed in the previous article, it was concerted action against the enforcement of a law or royal decree, the punishment shall be imprisonment of six months to five years. The culprits may, in addition, be sentenced to the prohibition of the rights mentioned in the first three numbers [1 Article 31, paragraph 1] 1. If the concert took place between the civil and military bodies or their leaders, those who will be punished caused the detention of ten to fifteen years, others for the detention of five to ten years. ---------(1) <L 2009-04-14/01, art. 11, 073; Effective: 15-04-2009>

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Art. 235. (See NOTE in TITLE) In cases where civil authorities have formed with their bodies or military leaders plot prejudicial to the security of the State, of the provocateurs will be punished (imprisonment of fifteen to twenty years), the other, holding ten to fifteen years. <L 2003-01-23/42, art. 51, 040; Effective: 13-03-2003> Art. 236. Shall be punished by imprisonment from one month to two years and a fine of one hundred [EUR] five hundred [EUR] officials who, by reason together, have given their resignations in order to prevent or suspend, or the administration of justice or the completion of a legal service. They will be sentenced, in addition to the prohibition of the right to perform duties, jobs or offices.

CHAPTER II. - ENCROACHMENT OF ADMINISTRATIVE AND JUDICIAL AUTHORITIES. Art. 237.Seront punished by imprisonment from one month to two years, a fine of fifty [EUR] five hundred [euro], and may be sentenced to the ban for five to ten years, rights mentioned in the first three numbers [1 Article 31, paragraph 1] 1: (The members and assessors of the courts, the police officers) who will be interfered in the exercise of legislative power, or by regulations containing laws, either by stopping or suspending the execution of a or more laws or deliberating about whether these laws are enforced; (The members and assessors of the courts, the police officers) who have exceeded their authority by interfering in matters assigned to administrative authorities or by regulations on these matters, or defendant to execute the orders emanating from the administration. <L 10-10-1967, art. 139> ---------(1) <L 2009-04-14/01, art. 12, 073; Effective: 15-04-2009> Art. 238. (Judges and assessors social or consular) which, when the administrative authority concerned before them, have nevertheless proceeded with the trial of the case, despite the conflict law raised by the authority and before the decision of the Court of Cassation be punished by a fine of twenty-six [EUR] five hundred [EUR]. <L 10-10-1967, art. 139, ยง 2> The public prosecutors who have made requisitions or conclusions given for the said judgment to be punished with the same penalty.

Art. 239.Les governors, district commissioners, mayors and members of the administrative bodies that are interfered in the exercise of legislative power, as stated in paragraph 2 of Article 237, or that will be ingested to make orders tending to summon orders or defenses to any courts or tribunals, shall be punished by imprisonment of one month to two years and a fine of fifty [EUR] five hundred [EUR].

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They can, moreover, be sentenced to a ban for five to ten years, the rights mentioned in the first three numbers [1 Article 31, paragraph 1] 1. ---------(1) <L 2009-04-14/01, art. 13, 073; Effective: 15-04-2009>

CHAPTER III. - (A MISUSE, misappropriation AND TAKING INTEREST COMMITTED BY PERSONS WHO ARE A PUBLIC). <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Art. 240. <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Will be punished with imprisonment from five years to ten years and a fine of 500 [euro] 100 000 [euro] any person exercising a public function to be diverted public or private funds, effects taking place, parts, titles, deeds, chattels which were in his hands or under, or by reason of his office. Art. 241. <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Will be punished with imprisonment from five years to ten years and a fine of 500 [euro] 100 000 [euro] any person exercising a public function, which will badly or fraudulently destroyed or deleted documents or securities depository which it was in this capacity that had been disclosed or that it had access to because of its function. Art. 242. <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> When will removed or destroyed parts or acts of judicial procedure, or other papers, records, computer media or magnetic effects or actions contained in the archive , grafts or public filings, or delivered to a public repository as such, the trustee guilty of negligence shall be punished by imprisonment of one to six months and a fine of 100 [euro] 10 000 [euros] or both. Art. 243. <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Any person exercising a public function, who is convicted of extortion, ordering perceive, demanding or receiving it knew or should not be exceed this which was due to duties, taxes, contributions, funds, income or interest for wages or salary, shall be punished by imprisonment of six months to five years and a fine of 100 [euro] 50 000 [euros] or of both, and may be ordered in addition to the prohibition of the right to hold office, employment or public offices, in accordance with Article 33. The penalty shall be imprisonment of five to ten years and a fine of 500 [euro] 100 000 [euros], if bribery was committed with violence or threats.

Art. 244. (Repealed) <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> (...). <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Art. 245. <L 1999-02-10/39, art. 3, 023; Effective: 02-04-1999> Any person exercising a public function, which, either directly or through other persons or acts simulated has taken or received any interest 87


whatsoever in the proceedings, auctions, governed companies or she had, at the time of the act, in whole or in part, administration or monitoring, or who, having mission scheduling the payment or make a liquidation case, there will be taken any interest, shall be punished by imprisonment for one to five years and a fine of 100 [euro] 50 000 [euros] or both, and may also be sentenced to prohibition of the right to perform duties, jobs or offices, in accordance with Article 33. The foregoing shall not apply to those who could not, due to circumstances, promoting its position their private interests, and have acted openly.

CHAPTER IV. - (CORRUPTION OF PERSONS WHO ARE A PUBLIC). <L 1999-02-10/39, art. 4, 023; Effective: 02-04-1999> Art. 246. <L 1999-02-10/39, art. 4, 023; Effective: 02-04-1999> § 1. Passive corruption is the fact that a person who performs a public function to solicit or accept, directly or through intermediaries, offer, promise or advantage of any kind for himself or for a third to adopt a behavior referred to in Article 247. § 2. Active corruption is the offering, directly or through intermediaries, to a person exercising a public function an offer, promise or advantage of any kind for himself or for a third party, in order to adopt conduct referred to in Article 247. § 3. Is treated as a person exercising a public function for the purposes of this section any person who is a candidate for such a function, which suggests that it will exercise such a function, or, using false qualities to believe she has such a function. Art. 247. <L 1999-02-10/39, art. 4, 023; Effective: 02-04-1999> § 1. When corruption is to the performance by the person who performs a public function of an act of its function, but not just about salary, the penalty shall be imprisonment from six months to one year and a fine of 100 [euros ] 10 000 [euros] or both. When, as provided in the preceding paragraph, the solicitation referred to in Article 246, § 1, is followed by a proposal referred to in Article 246, § 2, as in the case or proposal referred Article 246, § 2 is accepted, the penalty shall be imprisonment from six months to two years and a fine of 100 [euro] 25 000 [euros] or both. § 2. When corruption is to the performance by the person who performs a public function of an unjust act during the performance of his duties or refrain from doing anything that fell within the range of duties , the penalty shall be imprisonment from six months to two years and a fine of 100 [euro] 25 000 [euro]. When, as provided in the preceding paragraph, the solicitation referred to in Article 246, § 1, is followed by a proposal referred to in Article 246, § 2, as in the case of the proposal under Article 246, § 2 is accepted, the penalty shall be imprisonment from six months to three years and a fine of 100 [euro] 50 000 [euro]. 88


In the case where the person committing the act corrupt or unjust refrained from doing anything that fell within the range of his duties, shall be punished by imprisonment of six months to five years and a fine 100 [euro] 75 000 [euro]. § 3. When corruption is to the performance by the person who performs a public function of a felony or misdemeanor in connection with the exercise of its function, the penalty shall be imprisonment from six months to three years and a fine of 100 [euro] 50 000 [euro]. When, as provided in the preceding paragraph, the solicitation referred to in Article 246, § 1, is followed by a proposal referred to in Article 246, § 2, as in the case of the proposal under Article 246, § 2 is accepted, the penalty shall be imprisonment from two years to five years and a fine of 500 [euro] 100 000 [euro]. § 4. When corruption is to use by the person who performs a public function of the real or supposed influence which it has because of its function to obtain an act of authority or public administration or abstention from such an act, the penalty shall be imprisonment from six months to one year and a fine of 100 [euro] 10 000 [euro]. When, as provided in the preceding paragraph, the solicitation referred to in Article 246, § 1, is followed by a proposal referred to in Article 246, § 2, as in the case of the proposal under Article 246, § 2 is accepted, the penalty shall be imprisonment from six months to two years and a fine of 100 [euro] 25 000 [euro]. If the person has actually used corrupt influence at its disposal because of its function, it shall be punished by imprisonment of six months to three years and a fine of 100 [euro] 50 000 [euro]. Art. 248. <L 1999-02-10/39, art. 4, 023; Effective: 02-04-1999> When the facts referred to in Articles 246 and 247, § § 1 to 3, are a police officer, a person of quality coated police officer or a member prosecutors, the maximum penalty is increased to twice the maximum penalty under section 247 for the facts. Art. 249. <L 1999-02-10/39, art. 4, 023; Effective: 02-04-1999> § 1. When corruption under Article 246 concerns an arbitrator is to act within its judicial function, the penalty shall be imprisonment from one year to three years and a fine of 100 [euro] 50 000 [euros] . When, as provided in the preceding paragraph, the solicitation referred to in Article 246, § 1, is followed by a proposal referred to in Article 246, § 2, as in the case of the proposal under Article 246, § 2 is accepted, the penalty shall be imprisonment from two years to five years and a fine of 500 [euro] 10 000 [euro]. § 2. When corruption under Article 246 concerns a judge or juror and aims to act within its judicial function, the penalty shall be imprisonment from two years to five years and a fine of 500 [euro] 100 000 [euros].

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When, as provided in the preceding paragraph, the solicitation referred to in Article 246, § 1, is followed by a proposal referred to in Article 246, § 2, as in the case of the proposal under Article 246, § 2 is accepted, the penalty shall be imprisonment of five to ten years and a fine of 500 [euro] 100 000 [euro]. § 3. When corruption under Article 246 concerns a judge is to act within its judicial function, the penalty shall be imprisonment of five to ten years and a fine of 500 [euro] 100 000 [euro]. When, as provided in the preceding paragraph, the solicitation referred to in Article 246, § 1, is followed by a proposal referred to in Article 246, § 2, as in the case of the proposal under Article 246 § 2 is accepted, the penalty shall be imprisonment of ten to fifteen years and a fine of 500 [euro] 100 000 [euro].

Art. 250. <L 2007-05-11/42, art. 5, 066, Effective: 08-06/2007> When corruption provided for in Articles 246 to 249 concerns a person who exercises a public function in a foreign state or an organization of public international law, the penalties shall be as provided these provisions. Art. 251. (Repealed) <L 2007-05-11/42, art. 6, 066; Effective: 08-06/2007> Art. 252. <L 1999-02-10/39, art. 4, 023; Effective: 02-04-1999> Without prejudice to the application of Articles 31 and 32, those punished under the provisions of this chapter may also be sentenced to the prohibition, in accordance with Article 33 . Art. 253. (Repealed) <L 1999-02-10/39, art. 4, 023, ED: 02-04-1999>

CHAPTER V. - ABUSE OF AUTHORITY. Art. 254.Sera punished by imprisonment for one to five years, any public officer, agent or employee of the government, of whatever state or rank he may be, who will be required or ordered, or that require action or order the use of force against the execution of public law or royal decree, or against the imposition of a tax legally established, or is against the execution of an order or court order, or any order emanating from the authority. The guilty will be punished, in addition to the prohibition of the rights mentioned in the first three numbers [1 Article 31, paragraph 1] 1. ---------(1) <L 2009-04-14/01, art. 14, 073; Effective: 15-04-2009> Art. 255. (See NOTE in TITLE) If such requisition or order has been acted upon, the offender shall be sentenced to imprisonment of five to ten years.

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Art. 256. If orders or requisitions were the direct cause of other crimes punishable by more severe penalties than those expressed in articles 254 and 255, both will be applied to higher officials, agents or employees guilty of giving the said orders or that the said submissions. (However, the penalty of imprisonment shall be replaced in this case by the imprisonment of twenty years to thirty years.) <L 2003-01-23/42, art. 52, 040; Effective: 13-03-2003> Art. 257. When a public official or officer, director, agent or employee of the government or the police, executor constituents justice or judgments, a commander in chief or under command of the public force will have no legitimate reason , worn, or the use of violence against people in the course of or in connection with the exercise of its functions, the minimum sentence brought against these facts will be raised in accordance with Article 266. Art. 258. Any judge, officer or member of a governing body which, under any pretext whatsoever, even silence or obscurity of the law, will render justice denied he owes the parties, shall be punished a fine of two hundred [EUR] five hundred [euro], and may be sentenced to the prohibition of the right to perform duties, jobs or offices. Art. 259. Any commander, an officer or non-commissioned officer of the police who, after being lawfully required by the civil authority has refused to act the force under his orders shall be punished by imprisonment for fifteen days to three months.

CHAPTER Va. - The sheets, the acknowledgment and recording private communications and telecommunications. <Inserted by L 1994-06-30/49, art. 1, In force: 03-02-1995> Art. 259b. <Inserted by L 1994-06-30/49, art. One, ED: 03-02-1995> § 1. Shall be punished by imprisonment of six months to two years and a fine of five hundred [EUR] twenty thousand [euros] or one of these penalties, any officer or public officer, trustee or agent of force public, on the occasion of the exercise of his functions, except in cases provided by law or without observing the formalities prescribed: 1 or intentionally, using any device, listening and actually listen, learns to read or done, or records shall register during transmission, communications or private telecommunications, which it does not share without the consent of all participants in such communications or telecommunications; 2 or with intent to commit any of the offenses mentioned above, installed or is installing any device; 3 ° or knowingly possesses, reveals or discloses to any other person the contents of communications or private telecommunications illegally listened to or recorded, or has read illegally, or knowingly uses any manner any information obtained from this way. § 2. Shall be punished by imprisonment of six months to three years and a fine of five hundred [EUR] thirty thousand [euros] or one of these penalties, any officer or public officer, trustee or agent of force

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public, on the occasion of the exercise of his functions, except in cases provided by law or without observing the formalities prescribed with fraudulent intent or purpose of injuring, uses a recording legally performed, communications or private telecommunications. [§ 2a. Shall be punished by imprisonment of six months to two years and a fine of five hundred to twenty thousand euros euros or one of these penalties, any officer or public officer, trustee or agent of the police, which in during the exercise of his functions, except in cases provided by law or without observing the formalities prescribed unnecessarily, possesses, manufactures, sells, obtains for its use, imports, distributes or provides another form a device, including data, designed or adapted primarily for the purpose of committing an offense under § 1.] <L 2006-05-15/46, art. 2, 1, 059; Effective: 22-092006> § 3. Attempt to commit any of the offenses referred to in [§ § 1, 2 or 2a] is punishable as the offense itself. <L 2006-05-15/46, art. 2, 2, 059; Effective: 22-09-2006> § 4. Penalties [set out in § § 1 to 3] are doubled if a breach of any of these provisions is committed within five years after the pronouncement of a judgment or a judgment passed by res judicata, sentencing because of one of these offenses or the offenses referred to in [Article 314bis, § § 1 to 3]. <L 2006-05-15/46, art. 2, 3, 059; Effective: 22-09-2006> § 5. [The provisions of § 1, 1 ° and 2 °, do not apply to [1 Search] 1 uptake, listening, taking knowledge or registration by the General Intelligence Service and Security Forces of all forms of communications issued abroad both for military missions under explained in Article 11, § 2, 1 ° and 2 ° of the Law of 30 November 1998 governing services intelligence and security for reasons of safety and security of our troops and those of our allies during missions abroad and our citizens living abroad, as explained in the same article 11, § 2, 3 and 4.] <L 2003-04-03/52, art. 2, 043; Effective: 12-05-2003> ---------(1) <L 2010-02-04/26, art. 38, 079; Effective: unspecified later than 01-09-2010>

PROVISIONS COMMON TO THE PRECEDING CHAPTERS. Art. 260. When a public official or officer, custodian or agent of the police, has ordered or done any act contrary to law or royal decree, he proves that he acted by order of his superiors, for objects clear of them and on which they were due a hierarchical obedience, he will be free from pain, which will, in this case applied only to superiors who gave the order.

CHAPTER VI. - THE YEAR OF THE PUBLIC AUTHORITIES ILLEGALLY OR EARLY EXTENDED. Art. 261. Any public official who enters into exercise its functions without taking the oath prescribed by law, shall be sentenced to a fine of twenty-six [EUR] five hundred [EUR]. 92


Art. 262. Any public servant dismissed, dismissed, suspended or prohibited by law, who, after having had official knowledge, has continued the exercise of his functions, shall be punished with imprisonment from eight days to one year and a fine of twenty -six [EUR] five hundred [EUR]. The same penalties shall any public elective or temporary will continue to perform his duties, after legal termination.

CHAPTER VII. - SOME CRIMES RELATING TO THE CONDUCT OF ACTS OF CIVIL STATUS. Art. 263. <L 31-03-1987, art. 88> be punished with a fine of twenty-six [euros] three hundred [euro], the registrar who has violated any provision of sections 34 to 44, 49, 50 and 334 Civil Code. Art. 264. <L 31-03-1987, art. 89> shall be punished by a fine of one hundred [EUR] five hundred [euro], the registrar or officer specially deputed by him who have contravened any of the provisions of Article 45 ยง 1 of the Civil Code. Art. 265. <L 31-03-1987, art. 90> be punished with a fine of twenty-six [euros] five hundred [euro], the registrar who will process the celebration of a marriage without ascertaining the required consents.

SPECIAL PROVISION. Art. 266. (See NOTE in TITLE) Except in cases where the law specifically governs the penalties for crimes or offenses committed by public officials or officers, those of them who are guilty of other crimes or other offenses that if they were responsible for preventing, to find, prosecute or punish, be sentenced to punishments attached to these crimes or these offenses, the minimum will be doubled in the case of imprisonment, and two high years, if it (the imprisonment or detention of fifteen to twenty years or less term). <L 2003-01-23/42, art. 53, 040; Effective: 13-03-2003> CHAPTER VIII. - OFFENCES COMMITTED BY THE MINISTERS OF WORSHIP IN THE EXERCISE OF THEIR MINISTRY. Art. 267. (Shall be punished by a fine of fifty [EUR] five hundred [euro], while a minister of religion who conduct the nuptial blessing before the civil marriage ceremony.) <L 03-08-1909, art. single> (This provision shall not apply when one of the people who received the nuptial blessing was in danger, and that any delay in the ceremony might have had the effect of making it impossible.) <L 03-08-1909 art. single> If a new offense of the same species, it may also be sentenced to imprisonment from eight days to three months. Art. 268. Shall be punished by imprisonment from eight days to three months and a fine of twenty-six [EUR] five hundred [euros], the ministers of religion, who, in the exercise of their ministry, by speech 93


pronounced in public meeting will directly attacked the government, a law, a Royal Decree or any other act of public authority.

TITLE V. - CRIMES AND OFFENSES AGAINST PUBLIC ORDER COMMITTED BY INDIVIDUALS. CHAPTER I. - THE REBELLION. Art. 269. Qualified rebellion, attack, any resistance with violence or threats against officers, guards pastoral or forestry, custodians or agents of the police, the officers in the collection of taxes and contributions, holders of constraints, customs officers, receivers, officers or agents of the administrative or judicial police, acting for the enforcement of laws, orders or orders of public authority, constituents or justice judgments. Art. 270. (Repealed) <L 13-10-1930, art. 31> Art. 271. Rebellion committed by one person, equipped with weapons, shall be punished by imprisonment of three months to two years, if it took place without weapons, imprisonment of eight days to six months. Art. 272. (See NOTE in TITLE) If the rebellion was committed by several people, and after a concert prior rebels bearing arms, shall be sentenced to (imprisonment of five to ten years), and other to imprisonment for one to five years. <L 2003-01-23/42, art. 54, 040; Effective: 13-03-2003> If the rebellion was not the result of a previous agreement, the guilty will be punished for armed imprisonment for one to five years, and the other, to imprisonment from three months to two years. Art. 273. In case of rebellion or gathering with tape, Article 134 of this Code shall apply to the rebels without office or employment in the band, which will be removed at the first warning of the public authority, or even since they were seized from the place of rebellion, without resistance and without new weapons. Art. 274. In all cases where it is pronounced for acts of rebellion, imprisonment, offenders may be sentenced, in addition to a fine of twenty-six [EUR] two hundred [EUR]. The leaders of the rebellion and those who have caused will, moreover, be condemned (...) the prohibition, in accordance with Article 33. <L 09-04-1930, art. 32>

CHAPTER II. - OUTRAGES AND OF VIOLENCE AGAINST MINISTERS, MEMBERS OF THE LEGISLATIVE CHAMBERS, THE DEPOSITORY OR AUTHORITY OF THE FORCE PUBLIC. Art. 275. (Will be punished with imprisonment of fifteen days to six months and a fine of fifty to three hundred [euros], who will be outraged by acts, words, gestures or threats, a member of the Legislative Chambers in the exercise or on the occasion of the exercise of its mandate, the Minister (a member of 94


the [Constitutional Court 1] 1) or (the administrative judge or a member of the judiciary) or an officer force on active service, in the course of or in connection with the exercise of their functions.) <L 27-071934, art. 1> <L 10-10-1967, art. 139, ยง 5> <L 02-02-1984, art. 6> If the outrage took place in the meeting rooms of a hearing or a court or tribunal, imprisonment will be two months to two years and a fine of two hundred [euros ] a thousand [euros]. Insults addressed to a member of the Chamber may, except in cases of flagrante delicto, be prosecuted on the complaint of the offended person or denunciation of the House to which it belongs. ---------(1) <L 2010-02-21/03, art. 6, 078; Effective: 08-03-2010> Art. 276. Contempt words, acts, gestures or threats, led in the course of or in connection with the exercise of their duties, against a judicial officer, agent or custodian of the authority of the police, or against any other person having a public character, shall be punished with imprisonment from eight days to one month and a fine of twenty-six [EUR] two hundred [EUR]. Art. 277. The outrages committed against the constituted bodies will be punished in the same way that the outrages committed against the members of the body, according to the distinctions the two preceding articles. Art. 278. (Will be punished by imprisonment of two months to two years and a fine from fifty to five hundred [euros], whoever hit a member of the Legislative Chambers in the course of or in connection with the exercise its mandate, the Minister (a member of the [1 Constitutional Court], 1) a magistrate or an officer of the force on active service, in the course of or in connection with the exercise of their functions. ) <L 27-07-1934, art. 2> <L 02-02-1984, art. 7> If the blows were in the meeting rooms of a hearing or a court or tribunal, the offender shall be punished with imprisonment of three months to three years and a fine of two cents [euros] a thousand [euros]. ---------(1) <L 2010-02-21/03, art. 7, 078; Effective: 08-03-2010> Art. 279. If the blows were the cause of bloodshed, injury or illness, the offender shall be sentenced to imprisonment from six months to five years and a fine of two hundred [EUR] fifteen hundred [EUR] . Art. 279a. <L 2006-12-20/41 inserted by art. 2, In force: 22-02-2007> When the blows without intent to kill yet have caused, the offender shall be punished by imprisonment of seven to ten years. He shall be punished by imprisonment of twelve to fifteen years if he has committed these acts of premeditated violence. 95


Art. 280. [1 If the crime or offense was committed against a public officer, agent or custodian of the authority of the police, or to any other person having a public character, in the course of or in connection the exercise of its functions, the penalties are as follows: 1 in the cases referred to in Article 398, paragraph 1, sentences are imprisonment from one month to one year and a fine of three hundred fifty Euros Euros; 2 in the cases referred to in Article 398, paragraph 2, sentences are imprisonment from two months to two years and a fine of three hundred fifty Euros Euros; 3 in the case referred to in Article 399, paragraph 1, sentences are imprisonment from four months to four years and a fine of one hundred to five hundred euros euros; 4 ° in the cases referred to in article 399, paragraph 2, sentences are imprisonment for one to five years and a fine of one hundred to five hundred euros euros; 5 ° in the case referred to in Article 400, paragraph 1, the sentence shall be imprisonment of five to ten years; 6 ° in the cases referred to in Article 400, paragraph 2, the sentence shall be imprisonment of ten to fifteen years; 7 ° in the cases referred to in Article 401, paragraph 1, the sentence shall be imprisonment of ten to fifteen years; 8 ° in the cases referred to in Article 401, paragraph 2, the sentence shall be imprisonment of fifteen to twenty years.] 1 ---------(1) <L 2010-03-08/08, art. 2, 080; Effective: 09-04-2010> Art. 281. <Repealed by L 2010-03-08/08, art. 3, 080; Effective: 09-04-2010>

Art. 281bis. <Repealed by L 2010-03-08/08, art. 4, 080; Effective: 09-04-2010> Art. 281ter. <Repealed by L 2010-03-08/08, art. 5, 080; Effective: 09-04-2010> Art. 282. The penalties provided for in Articles 275, 278 and 279 shall apply in the case where there will be contempt or struck jurors because of their duties, or witnesses for their testimony. 96


CHAPTER III. - BREAKING THE SEAL. Art. 283. When sealed, affixed by order of the public authority, have been broken, the guards will be punished for mere negligence, eight days to six months imprisonment. Art. 284. Those who purposely broken seals shall be punished by imprisonment of six months to two years, and if it is the guardian himself or the public officer who ordered or carried affixing it will be punished by imprisonment for one year or three years. The attempt of this crime will be punished, in the first case of this Article by imprisonment of three months to one year, and in the second case, to imprisonment for six months to two years. Art. 285. <L 2003-01-23/42, art. 55, 040; Effective: 13-03-2003> If broken seals were affixed to papers or effects of a person accused, defendant or accused of a crime carrying life imprisonment or life imprisonment, imprisonment of twenty to thirty years or detention of twenty to thirty years, or a person convicted in one of these penalties, the goalkeeper will neglect punishable by three months imprisonment for one year. Art. 286. Whoever intentionally broken seals affixed on paper or quality effects set out in the preceding article, shall be punished by imprisonment of one to three years, and if it is the guardian himself or official public who ordered the application, the offender shall be punished by imprisonment of two to five years. The attempt of this crime will be punished, in the first case under this section, six months to two years imprisonment, and in the second case, one year to three years in the same sentence.

Art. 287. If the breaking of the seals is committed with violence against persons, the perpetrator shall be punished by imprisonment of two to five years. The attempt to break the seal shall be punished by imprisonment of six months to three years. Art. 288. In the case of sections 284, 286 and 287, the offender may, in addition, be fined fifty [EUR] two thousand [euros].

CHAPTER IV. - MADE OF BARRIERS TO IMPLEMENTATION OF PUBLIC WORKS. Art. 289. Whoever, by assault, has opposed the execution of work ordered or authorized by the competent authority, shall be punished with imprisonment from eight days to three months. Art. 290. Those who by mob and violence, assault or threats, are opposed to the execution of these works will be sentenced to imprisonment from three months to two years. Heads or engines shall be punished by imprisonment of six months to three years. 97


Art. 291. In the cases mentioned in the two preceding articles, the guilty may, in addition, be fined twenty-six [EUR] five hundred [EUR].

CHAPTER V. - CRIMES AND CRIMES OF SUPPLIERS. Art. 292. (See NOTE in TITLE) Those responsible for supplies, businesses or governed on behalf of the army or navy, who have voluntarily miss the service which they are responsible will be punished by (imprisonment for five years to ten years) and a fine of two hundred [EUR] three thousand [euros]. <L 2003-01-23/42, art. 56, 040; Effective: 13-03-2003> The same penalties shall apply to agents of suppliers, if such agents have voluntarily miss the service. Art. 293. (See NOTE in TITLE) Public officials or employees or agents of the government employees, who have caused or helped the perpetrators to miss the service, will be sentenced to life (seven to ten years), and fined three hundred [EUR] three thousand [euros]. <L 2003-01-23/42, art. 57, 040; Effective: 13-03-2003> Art. 294. When termination of service will be the result of negligence on the part of suppliers, their agents, servants or agents, servants or employees of the government, the guilty will be punished by imprisonment of three months to two years and a fine of one hundred [euros] a thousand [euros]. Art. 295. Although the service has not missed deliveries or if the work was deliberately delayed, the guilty will be punished by imprisonment of six months to two years and a fine of two hundred [euros] a thousand [euros] . They will be punished with imprisonment of one month to one year and a fine of fifty [EUR] five hundred [euros], if the delay is the result of negligence. Art. 296. In the various cases covered by Articles 294 and 295, ยง 2, the prosecution will be made on the termination of the Minister for the thing. Art. 297. If there was fraud on the nature, quality or quantity of work or labor or things provided, the guilty will be punished by imprisonment of six months to three years and a fine of one hundred [ euros] ten thousand [euros]. They can, moreover, be condemned to prohibition, in accordance with Article 33. Art. 298. Public officials or employees or agents of the government employees, who have participated in this fraud, will be punished by imprisonment of two to five years and a fine of two hundred [EUR] ten thousand [euros]. They will, moreover, condemned to prohibition, in accordance with Article 33.

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CHAPTER VI. - PUBLICATION OR DISTRIBUTION WITHOUT WRITTEN INDICATION OF NAME AND ADDRESS OF THE AUTHOR OR THE PRINTER. Art. 299. Any person who knowingly contributed to the publication or distribution of printed any where is not the true indication of the name and domicile of the author or the printer, shall be punished by imprisonment of eight days to two months and a fine of twenty-six [EUR] two hundred [euro], or one of these penalties. However, the sentence can not be pronounced when printed, published without the requisite information, is part of a publication whose origin is known by its previous appearance. Art. 300. Be exempt from the penalty imposed by the previous article: Those who have made known the printer; Criers, displays, vendors or distributors who have made known to the person from whom they hold the printed word.

CHAPTER VII. - VIOLATIONS OF THE LAWS AND REGULATIONS ON LOTTERIES, GAME AND HOUSES HOUSES READY TO WAGES. Art. 301. Lotteries are known, all operations available to the public and designed to provide a gain by way of fate. Art. 302. The authors, entrepreneurs, directors, employees or agents legally unauthorized lottery, shall be punished with imprisonment from eight days to three months and a fine of fifty [EUR] three thousand [euros]. Be confiscated movable objects raffled, and those used or intended for its service. When building was raffled, forfeiture will not be imposed and will be replaced by a fine of one hundred [EUR] ten thousand [euros]. Art. 303. Shall be punished by imprisonment from eight days to one month and a fine of twenty-six [euros] a thousand [euros], or one of these penalties: Those who have placed or distributed peddling lottery tickets legally unauthorized; Those who, through notices, announcements, posters or any other means of publication will be made aware of the existence of these lotteries or facilitated the issuance of tickets. In all cases, notes, and announcements, advertisements or posters, will be seized and destroyed.

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Art. 304. Be exempt from penalties imposed by the preceding article, the criers and displays that have made known the person from whom they take notes or writings mentioned above. Art. 305. (Repealed) <L 1999-05-07/77, art. 73, 027, ED: 30-12-2000> Art. 306. Those who, without lawful authority, have given houses pawn or pledge, shall be punished by imprisonment from eight days to three months and a fine of twenty-six [euros] a thousand [euros]. Art. 307. Those who have a license, will not maintain a record of compliance with regulations, containing a row, without any blanks or interlining, or are loaned objects, the names, residences and occupations of borrowers, the nature, quality, the value of items pledged as collateral, shall be punished with imprisonment from eight days to one month and a fine of twenty-six [EUR] five hundred [euro], or one of these penalties. Art. 308. Shall be punished by imprisonment from eight days to three months and a fine of twenty-six [euros] a thousand [euros] Individuals who have usually worn effect at the offices of pawnshop for others and for a fee; Those who have purchased usually recognitions of pawnshop; Those who have bought or sold the recognition of these institutions, finding loans on new merchandise.

CHAPTER VIII. - OFFENCES RELATING TO INDUSTRY, TRADE AND PUBLIC AUCTION. Art. 309. Whoever maliciously or fraudulently will release the secrets of the factory in which it was or is still used, shall be punished by imprisonment of three months to three years and a fine of fifty [EUR] two thousand [euros] . Art. 310. (Repealed) <L 24-05-1921, art. single>

Art. 311. People who, by any fraudulent means, have brought about the increase or decrease in the price of commodities or goods or public papers, and effects, shall be punished by imprisonment of one month to two years and a fine of three cents [EUR] ten thousand [euros]. Art. 312.Tout commander of military divisions, provinces or cities and places, any governor or district commissioner to be in the range of places where it has the right to exercise its authority, such maneuvers practiced or who has participated, either openly or by acts or simulated through intermediaries, incur, regardless of sentences of the preceding article, the prohibition of the rights to the first three numbers [1 Article 31, paragraph 1] 1. ---------100


(1) <L 2009-04-14/01, art. 15, 073; Effective: 15-04-2009> Art. 313. Those who, by gathering and violence or threats, have disturbed public order in markets or grain halls with the aim of causing looting or just forcing sellers to relinquish their food at a lower price to that would result from free competition, shall be punished by imprisonment of three months to two years. Heads or engines shall be punished by imprisonment of six months to three years (...). <L 09-04-1930, art. 32> Art. 314. <L 1993-12-24/37, art. 66, 011; Effective: 01-05-1997> People in the auction of the property, usufruct or lease things movable or immovable property of an enterprise of a supply of operation or service of any kind, have impeded or disturbed freedom auction or bid, or by violence by threats, promises or grants or by any other fraudulent means, shall be punished with imprisonment for a term of fifteen days to six months and a fine of one hundred [EUR] three thousand [euros]. CHAPTER VIIIbis. - Offences relating to confidentiality of private communications and telecommunications. <Inserted by L 1994-06-30/49, art. 2, In force: 03-02-1995> Art. 314bis. <Inserted by L 1994-06-30/49, art. 2, ED: 03-02-1995> § 1. Shall be punished by imprisonment of six months to one year and a fine of two hundred [EUR] ten thousand [euros] or one of these penalties, any person who: 1 or intentionally, using any device, listening and actually listen, learns to read or done, or records shall register during transmission, communications or private telecommunications, which it does not share without the consent of all participants in such communications or telecommunications; 2 or with intent to commit any of the offenses mentioned above, installed or is installing any device. § 2. Shall be punished by imprisonment of six months to two years and a fine of five hundred [EUR] twenty thousand [euros] or one of these penalties, anyone who has, knowingly disclose or reveal another person content of communications or telecommunications deprived illegally listened to or recorded, or has learned unlawfully or knowingly uses any manner any information obtained in this way. Shall be liable to the same penalties who, with fraudulent intent or purpose of injuring, uses a recording lawfully made, communications or private telecommunications. (§ 2a. Shall be punished by imprisonment of six months to one year and a fine of two hundred ten thousand euros euros or one of these penalties, who, wrongly, possesses, manufactures, sells obtained by for use, imports, distributes or provides another form a device, including data, designed or adapted primarily for the purpose of committing an offense under § 1.) <L 2006-05-15 / 46, art. 3, 1, 059; Effective: 22-09-2006> § 3. Attempt to commit an offense referred to (§ § 1, 2 or 2a) is punishable as an offense itself. <L 2006-05-15/46, art. 3, 2, 059; Effective: 22-09-2006> 101


§ 4. Penalties (referred to in § § 1 to 3) are doubled if a breach of any of these provisions is committed within five years after the pronouncement of a judgment or a judgment passed by res judicata, sentencing because of one of these offenses or an offense under (Article 259b, § § 1 to 3). <L 2006-0515/46, art. 3, 3, 059; Effective: 22-09-2006>

CHAPTER IX. - SOME OTHER PUBLIC ORDER OFFENCES. SECTION I. - VIOLATIONS OF LAWS BURIALS. Art. 315. Shall be punished by eight days to two months' imprisonment, or a fine of twenty-six [EUR] three hundred [EUR] Those who, without the prior permission of the public officer will process or arrange for a burial. Those who contravene in any manner whatsoever with the regulations relating to burial and burial precipitated.

SECTION II. - (OF OBSTACLES TO THE EXERCISE OF JUDICIAL FUNCTION). <L 10-10-1967, art. 140> Art. 316. <L 10-10-1967, art. 140> shall be punished by a fine of twenty-six [EUR] five hundred [EUR] who fails to respond to inquiries ordered by the authority to establish the lists of jurors or to be provided complete jury duty, misrepresented. Art. 316bis. <L 10-10-1967, art. 140> shall be punished by a fine of fifty [euros] a thousand [euros] 1 not taught that the juror does not appear in the Assize Court on the date and time indicated for opening the debate on the summons which has been served on the invitation he has received; 2 ° the juror who, after satisfying the citation or summons, can be removed without the permission of the President before the expiry of its functions. Art. 317. (Repealed) <L 03-03-1933, art. 28> Art. 318. (Repealed) <L 03-03-1933, art. 28> SECTION III. - OFFENCES RELATING TO EPIZOOTIES. Art. 319. (Repealed) <L 24-03-1987, art. 32, § 1> Art. 320. (Repeals) <L 24-03-1987, art. 32, § 1> Art. 321. (Repealed) <L 24-03-1987, art. 32, § 1> TITLE VI. - CRIMES AND CRIMES AGAINST PUBLIC SAFETY. 102


CHAPTER I. - (ASSOCIATION FORMED FOR THE PURPOSE OF attempt TO PERSONS OR PROPERTIES and CRIMINAL ORGANIZATION). <L 1999-01-10/49, art. 2, 022; Effective: 08-03-1999> Art. 322. Any association formed for the purpose of attacking persons or property is a felony or a misdemeanor, which exists solely because of the organization of the band. Art. 323. (If the association has been directed toward the commission of crimes carrying the death to life imprisonment or imprisonment of ten to fifteen years or a term higher provocateurs of this association, the leaders of the band and those who have exercised any command, shall be punished with imprisonment from five years to ten years.) <L 2003-01-23/42, art. 58, 040; Effective: 13-03-2003> They will be punished with imprisonment of two to five years, if the association was formed to commit other crimes, and imprisonment of six months to three years, if the association was formed to commit offenses. Art. 324. All other individuals belonging to the association and those who knowingly and willingly provided by the band or its divisions weapons, ammunition, implements of crime, housing, retirement or meeting place, shall be punished: In the first case under the previous article, to imprisonment for six months to five years; In the second case, to imprisonment for two months to three years; And in the third, imprisonment from one month to two years. Art. 324bis. (Inserted by section <L 1999-01-10/49, 3, Effective: 08-03-1999>) Constitutes a criminal organization structured association of more than two persons, established over time, to commit concerted manner of crimes punishable by imprisonment of three years or a more serious penalty, to obtain, directly or indirectly, pecuniary advantages (...). <L 2005-08-10/61, art. 4, 053; Effective: 12-092005> An organization whose real purpose is exclusively political, labor, philanthropic, philosophical, religious or any other exclusively pursuing the legitimate aim can not as such be regarded as a criminal organization within the meaning of paragraph 1 . Art. 324b. (Inserted by section <L 1999-01-10/49, 3, Effective: 08-03-1999>) ยง 1. (When the criminal organization used intimidation, threats, violence, fraud or corruption or uses commercial or other structures to conceal or facilitate the offense, any person who knowingly and willfully makes part, shall be punished by imprisonment of one to three years and a fine of one hundred to five thousand euros euros or one of these penalties, even if she did not intend to commit a crime within the organization or to associate one of the ways provided for in Articles 66 to 69.) <L 2005-08-10/61, art. 5, 053; Effective: 12-09-2005> ยง 2. Any person involved in the preparation or execution of any lawful activity of the criminal organization, then she knows that her participation contributes to the objectives thereof, as provided in

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Article 324bis shall be punished imprisonment of one to three years and a fine of one hundred [EUR] five thousand [euros] or one of these penalties. ยง 3. Anyone who participates in any decision in connection with the activities of the criminal organization, then she knows that her participation contributes to the objectives thereof, as provided in Article 324bis shall be punished of imprisonment of five to ten years and a fine of five hundred [euros] a hundred thousand [euros] or one of these penalties. ยง 4. Any officer of the criminal organization is punishable by imprisonment of ten to fifteen years and a fine of one thousand [euros] two hundred thousand [euros] or one of these penalties. Art. 325. Perpetrators convicted under sections 323 (, 324 and 324b), the term of imprisonment may, in addition, be sentenced to the prohibition under Article 33 (...). <L 09-04-1930, art. 32> <L 1999-0110/49, art. 4, 022; Effective: 08-03-1999> Art. 326. Be exempt from penalties imposed by this chapter, those culprits who, before attempting to crimes or offenses covered by the association and before any proceedings have revealed the existence of the authority and the names of these bands their commanders or subordinate. (Paragraph 2 repealed) <L 09-04-1930, art. 32>

CHAPTER II. - (THREAT OF ATTACK AGAINST PERSONS OR PROPERTIES, AND FALSE INFORMATION TO SEVERE ATTACKS). <L 04-07-1972, art. 5> Art. 327. <L 04-07-1972, art. 1> Whoever, either verbally or in writing signed or anonymous, with orders or conditional threat of an attack against persons or property, punishable by criminal, shall be punished by imprisonment of six months five years and a fine of one hundred [EUR] five hundred [EUR]. Threat written anonymously or signed an attack against persons or property punishable criminal unaccompanied order or condition, shall be punished by imprisonment of three months to two years and a fine fifty [EUR] three hundred [EUR]. Art. 328. <L 04-07-1972, art. 2> Whoever, either verbally or in writing anonymous or signed (either jeopardizes whatever) knowingly given false information regarding the existence of a threat of attack against persons or property punishable by criminal shall be punished by imprisonment of three months to two years and a fine of fifty [EUR] three hundred [EUR]. <L 2003-04-04/59, art. 2, 042; Effective: 1505-2003> Art. 328bis. <Inserted by L 2003-04-04/59, art. 3, In force: 15-05-2003> Whoever distributed in any manner whatsoever, of substances which do not present any danger in itself, give the impression of being dangerous, and which he knows or should know that 'they can inspire strong fears of attack against persons or property, punishable by imprisonment for at least two years, shall be punished by imprisonment of three months to two years and a fine of fifty euros to three hundred euros. 104


Art. 329. <L 04-07-1972, art. 3> The threat gestures or emblems of an attack against persons or property, punishable by criminal, shall be punished by imprisonment from eight days to three months and a fine of twenty-six [EUR] one hundred [EUR]. Art. 330. <L 04-07-1972, art. 4> The threat, made either verbally or in writing signed or anonymous, with orders or conditional, an attack against persons or property, punishable by imprisonment for at least three months, shall be punished by imprisonment eight days to three months and a fine of twentysix [EUR] one hundred [EUR]. Art. 331. In the cases provided for in Article 327, the culprit may, in addition, be sentenced to the prohibition, in accordance with Article 33. (...) <L 09-04-1930, art. 32> Art. 331bis. (See NOTE in TITLE) <L 17-04-1986, art. 1> Is the punishment (imprisonment of five to ten years): <L 2003-01-23/42, art. 59, 040, ED: 13-03-2003> 1 째 one who threatens to use nuclear material to carry out an attack against persons or property; 2 째 one who threatens to commit theft of nuclear materials in order to compel a natural or legal person, international organization or State to do or abstain from doing any act. (3 째 one who threatens to use weapons or biological or chemical to commit an attack against people, property, corporations, international organizations or state.) <L 2003-04-04/59, art . 4, 042; Effective: 15-05-2003>

CHAPTER III. - THE ESCAPE OF PRISONERS. Art. 332. In case of escape of prisoners, persons engaged in their conduct or their custody shall be punished as follows. Art. 333. <L 29-08-1945, art. 1> If the escapee was charged or convicted of a crime boss, he was a prisoner of war, or if held at the disposal of the Minister of Justice, these officers will be punished for negligence, imprisonment of eight days to three months, and in case of collusion, to imprisonment from six months to two years. The same penalties shall apply in the event of escape of any person detained by law enforcement of social defense of 9 April 1930. Art. 334. If the escapee was charged or convicted of a crime boss or he was arrested under the Extradition Act, these employees undergo imprisonment for fifteen days to one year in case of negligence, and imprisonment one year to five years in case of collusion. Art. 335. Those who are not involved in the custody or the inmate's behavior, have procured or facilitated his escape, shall be punished, in the case of section 333, to imprisonment for fifteen days to one year, and at case of section 334, to imprisonment from three months to two years. 105


(Paragraph 2 repealed) <L 1993-06-29/31, art. 1, 010; Effective: 05-09-1993> Art. 336. If the escape occurred or was attempted with violence, threats or broken prison sentences against those who have favored providing specific instruments will operate: In the circumstances set out in Article 333, imprisonment for two to five years against the servants, and three months to two years against others; In the circumstances set out in Article 334, (imprisonment of five to ten years) against the servants, and imprisonment of six months to three years against others. <L 2003-01-23/42, art. 60, 040; Effective: 1303-2003> Art. 337. (See NOTE in TITLE) <L 2003-01-23/42, art. 61, 040; Effective: 13-03-2003> If the escape occurred or was attempted with violence, threats or breach of prison sentences against those who have favored transmission arms are: In the circumstances set out in Article 333, imprisonment for five to ten years against the servants, and to imprisonment for two to five years against others. In the circumstances set out in Article 334, imprisonment of ten to fifteen years against the servants, imprisonment of five to ten years against others.

CHAPTER IV. - BREACH OF BAN AND SOME RECELEMENTS. Art. 338. (Repealed) <L 09-04-1930, art. 32> Art. 339. Those who have been concealed or conceal people they knew to be prosecuted or convicted of a crime, shall be punished with imprisonment from eight days to two years and a fine of twenty-six [EUR] five cents [euros]. Art. 340. Whoever harbors or that conceal hidden or tried to hide the body of a person homicided or died of wounds or blows, shall be punished with imprisonment of three months to two years and a fine of fifty [EUR] six hundred [EUR]. Art. 341. Are excepted from the foregoing two ascendants or descendants, husband or wife even divorced, brothers or sisters, and allies to the same degree surmounting criminals, authors or accomplices to murder, beatings or injuries.

CHAPTER V. - OFFENCES AGAINST PUBLIC SAFETY BY CLERK OR VAGABONDS BEGGARS.

Art. 342. (Repealed) <L 1993-01-12/34, art. 28, 007, ED: 01-03-1993> 106


Art. 343. (Repealed) <L 1993-01-12/34, art. 28, 007; Effective: 01-03-1993>

Art. 344. (Repeals) <L 1993-01-12/34, art. 28, 007; Effective: 01-03-1993>

Art. 345. (Repealed) <L 1993-01-12/34, art. 28, 007; Effective: 01-03-1993>

Art. 346. (Repealed) <L 09-04-1930, art. 32>

Art. 347. (Repealed) <L 1993-01-12/34, art. 28, 007; Effective: 01-03-1993>

TITLE VIa. - (CRIMES RELATING TO THE HOSTAGE-TAKING). <L 02-07-1975, art. 1>

Art. 347 bis. <L 2000-11-28/35, art. 4, 029; Effective: 27-03-2001> ยง 1. Constitute a taking of hostages, arrest, detention or abduction of persons to meet the execution of an order or a condition, such as preparing or facilitating the commission of a crime or a crime, facilitate the escape, escape, release or obtain ensure the impunity of perpetrators or accomplices of a crime or misdemeanor. ยง 2. The hostage will be punished by imprisonment of twenty to thirty years. The penalty shall be life imprisonment if the person taken hostage is a minor. ยง 3. Except in the cases referred to in ยง 4, the penalty shall be imprisonment of fifteen to twenty years if within five days of the arrest, detention or abduction, hostage taking person was released voluntarily without order or condition has been executed. ยง 4. The penalty shall be imprisonment in the following cases: 1 if the arrest, detention or abduction of a person taken hostage caused an apparently incurable illness, a permanent physical or mental incapacity, or the complete loss of use of an organ, or a serious mutilation or death; 2 (if the person taken hostage was submitted to the acts referred to in article 417 ter, first paragraph.) <L 2002-06-14/42, art. 2, 036; Effective: 24-08-2002>

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TITLE VII. - CRIMES AND CRIMES AGAINST THE ORDER OF FAMILIES AND AGAINST PUBLIC MORALITY.

CHAPTER I. - OF ABORTION.

Art. 348. (See NOTE in TITLE) <L 1990-04-03/30, art. 1, 002; Effective: 15-04-1990> Whoever doctor or not, by any means, will purposely aborted a woman who does not consent, shall be punished (imprisonment for five years ten years). If the means employed have failed their purpose, Article 52 will apply. <L 2003-01-23/42, art. 62, 040, ED: 13-03-2003>

Art. 349. When abortion was caused by violence exercised voluntarily, but without intending to produce, the offender shall be punished with imprisonment of three months to two years and a fine of twenty-six [EUR] three hundred [ euros]. If violence were committed with premeditation or knowledge of the state of women's imprisonment is six months to three years and fine of fifty [EUR] five hundred [EUR].

Art. 350. <L 1990-04-03/30, art. 2, 002; Effective: 15-04-1990> Whoever, by food, beverages, drugs or any other means will have had an abortion a woman who consented to be sentenced to imprisonment from three months to a year and a fine of one hundred [EUR] five hundred [EUR]. However, there will be no infringement when the pregnant woman, her state in a situation of distress, asked a doctor to terminate her pregnancy and that this interruption is performed under the following conditions: 1 째 a) the interruption must occur before the end of the twelfth week of conception; b) it must be done in good medical condition by a physician in a health care facility where there is an information service that will host the pregnant woman and give detailed information, including fees, grants and benefits guaranteed by law and decrees families, single mothers or not, and their children, as well as the opportunities offered by the adoption of the unborn and, at the request of the physician or the woman, to give it assistance and advice on the ways in which it can be used to solve the psychological and social problems posed by the situation. 2 The doctor asked a woman to terminate her pregnancy must: a) to inform it of the current or future medical risks it incurs by reason of the termination of pregnancy; b) recall the various possibilities of accommodating the unborn child and appeal, if necessary, service personnel under 1 째, b) of this section to provide assistance and counsel who are concerned; 108


c) ensure the determination of the woman to perform an abortion. The assessment of the determination and the distress of the pregnant woman who led the doctor to agree to intervene when the sovereign is provided in this section are met. 3 The doctor will at the earliest practice abortion six days after the first consultation after the foreseen and expressed interest in writing on the day of surgery, his determination to make do. This statement will be added to the medical record. 4 Beyond twelve weeks under the conditions laid down in 1, b), 2 and 3, the abortion can be performed only when the continued pregnancy endangers the grave health of the woman or when it is certain that the unborn child is suffering from a particularly serious and recognized as incurable at the time of diagnosis. In this case, the doctor asked to provide the assistance of a second doctor, whose opinion will be attached to the file. 5 째 The physician or other qualified person care facility where the procedure was performed, must provide information to women about contraception. 6 No doctor, no nurse, no medic is required to assist in an abortion. Asked the doctor is obliged to inform the applicant, at the first visit, his refusal to intervene.

Art. 351. <L 1990-04-03/30, art. 3, 002; Effective: 15-04-1990> The woman who voluntarily has done an abortion outside the conditions laid down in Article 350 shall be punished by imprisonment of one month to one year and a fine of fifty [EUR] two hundred [EUR].

Art. 352. (See NOTE in TITLE) <L 2003-01-23/42, art. 63, 041; Effective: 13-03-2003> When the means employed for the purpose of aborting women have killed, the one who has administered or provided for this purpose shall be sentenced to imprisonment for five to ten years years, if the woman has consented to the abortion, but the procedure was performed outside the conditions laid down in Article 350 and to imprisonment for ten to fifteen years, if there is no consent.

Art. 353. (Repealed) <L 1990-04-03/30, art. 5, 002, Effective: 15-04-1990>

CHAPTER II. - (Repealed) <L 2000-11-28/35, art. 51, In force: 27-03-2001>

Art. 354. (Repealed) <L 2000-11-28/35, art. 52, 029, ED: 27-03-2001> 109


Art. 355. (Repeals) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 356. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 357. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 358. (Repealed) <L 2000-11-28/35, art. 52, 029, ED: 27-03-2001>

Art. 359. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 360. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 360bis. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

CHAPTER III. - CRIMES AND CRIMES OF INTENDED TO PREVENT OR DESTROY THE EVIDENCE OF MARITAL STATUS OF THE CHILD.

Art. 361. <L 30-03-1984, art. 4> Shall be punished with imprisonment from eight days to three months and a fine of 26 [euro] 200 [euro], or one of these penalties: 1 ° any person who must report the birth of a child pursuant to Article 56, § 1, paragraph 1, § 2, paragraph 1 and § 3 of the Civil Code, will not have made the statement accordance with Articles 55 and 56 of the Code; 2 any person who must inform the officer of civil status of a delivery under article 56, § 1, 2, and § 2, paragraph 2, of the Civil Code will given notice in accordance with these provisions.

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Art. 362. Shall be punished by the penalties in the preceding article, any person who, having found a newborn child, do not be submitted, within three days, the officer of civil status, as required by Article 58 of the Civil Code. This provision is not applicable to those who have consented to take charge of the child and would have made his statement in this regard to the municipal authority of the place where the child was found.

Art. 363. <L 2000-11-28/35, art. 5, 029; Effective: 27-03-2001> Shall be punished by imprisonment of five to ten years which substitutes a child or another that gives a woman a child she did not give birth. Shall be punished by imprisonment of six months to five years who destroys evidence of the marital status of a child or prevent the establishment. The same shall apply to those who have given the task of committing the acts referred to in the preceding paragraphs, if this mission was its execution.

Art. 364. (Repealed) <L 2000-11-28/35, art. 52, 029, ED: 27-03-2001>

Art. 365. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 366. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

CHAPTER IV. - (Repealed) <L 2000-11-28/35, art. 52, In force: 27-03-2001>

Art. 368. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 369. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

Art. 369bis. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

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Art. 370. (Repealed) <L 2000-11-28/35, art. 52, 029, ED: 27-03-2001>

Art. 371. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001>

CHAPTER V. - THE ATTACK OF THE MODESTY AND RAPE.

Art. 372. (See NOTE in TITLE) <L 15-05-1912, art. 48> Any indecent assault committed without violence or threats to person or with the person of a child of one sex or the other, under the age of sixteen years, shall be punished imprisonment (five to ten years). <L 2000-11-28/35, art. 6, 029; Effective: 27-03-2001> (Shall be punished with imprisonment from ten to fifteen years indecent assault committed without violence or threats, or adopting any influence on the person or with the person of a minor, even sixteen years old made, but not emancipated by marriage. (The same penalty will be applied if the culprit is either the brother or sister of the minor victim or any person occupying a similar position within the family or any person who regularly or occasionally with her and who has authority over it.) <L 2000-1128/35, article 6, 029; Effective: 27-03-2001>

Art. 372bis. (Repealed) <L 18-06-1985, art. 1>

Art. 373. (See NOTE in TITLE) <L 15-05-1912, art. 49> The indecent assault committed with violence or threats to persons of one sex or the other, shall be punished by imprisonment of six months to five years. If the attack was committed on the person of a minor over sixteen years, the guilty will suffer imprisonment (five to ten years). <L 2000-11-28/35, art. 7, 029; Effective: 27-03-2001> The penalty shall be (of imprisonment) of ten to fifteen years, if the minor was under the age of sixteen. <L 2000-11-28/35, art. 7, 029; Effective: 27-03-2001>

Art. 374. The attack is when there is a commencement of execution.

Art. 375. (See NOTE in TITLE) (Any act of sexual penetration, of whatever nature, by any means whatsoever, committed on a person who does not consent, constitutes the crime of rape.

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There is no such consent when the act was imposed by force, coercion or deceit, or has been made possible because of a disability or physical or mental disability of the victim.) <L 04 - 07-1989, Art. 1, 1> (Anyone who has committed the crime of rape shall be punished by imprisonment of five to ten years.) <L 2000-11-28/35, art. 8, 029; Effective: 27-03-2001> (If the crime was committed on the person of a minor over the age of sixteen years, the offender shall be punishable with imprisonment from ten to fifteen years.) <L 2000-11-28/35, art . 8, 029; Effective: 27-03-2001> (If the crime was committed against a child over fourteen years of age and under sixteen years of age, the offender shall be punishable by imprisonment of fifteen to twenty years.) <L 2000 - 11-28/35, art. 8, 029; Effective: 27-03-2001> (Is considered rape with violence any act of sexual penetration, of whatever nature, by any means whatsoever, committed against a child who has not attained the age of fourteen years old. In this case, the penalty shall be imprisonment from fifteen to twenty years.) <L 2000-11-28/35, art. 8, 029; Effective: 27-03-2001> (It will be imprisonment of twenty years to thirty years if the child was less than ten years old.) <L 200011-28/35, art. 8, 029; Effective: 27-03-2001>

Art. 376. (See NOTE in TITLE) <L 04-07-1989, art. 2> If the rape or indecent assault caused the death of the person on whom it was committed, the offender shall be punished (by imprisonment of twenty to thirty years). <L 2000-11-28/35, art. 9, 029; Effective: 27-03-2001> (If rape or indecent assault was preceded or accompanied by acts referred to in Article 417 ter, first paragraph, or sequestration, the offender shall be punished by imprisonment of fifteen to twenty years.) <L 2002 -06-14/42, art. 3, 036; Effective: 24-08-2002> If rape or indecent assault was committed on a person is particularly vulnerable due to pregnancy, illness, infirmity or physical or mental disability, or under threat a weapon or an object that looks like the guilty will be punished (imprisonment of) ten to fifteen years. <L 2000-11-28/35, art. 9, 029; Effective: 27-03-2001>

Art. 377. (See NOTE in TITLE) (If the offender is an ascendant or the adoptive parent of the victim, if he is of those who have authority over her, he abused the authority or facilities that give it its functions, whether physician, surgeon, midwife or health officer and the child was entrusted to his care or, in the case of sections 373, 375 and 376, the culprit, whoever he is, has was assisted in the commission of the crime or offense by one or more persons, if the culprit is either the brother or sister of the minor victim or any person occupying a similar position within the family, or any person who regularly or occasionally

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with her and who has authority over it, the penalties will be determined as follows :) <L 2000-11-28/35, art. 10, 029; Effective: 27-03-2001> (In the cases provided for in ยง 1 and Article 372 ยง 2 of Article 373, the penalty shall be imprisonment of ten to fifteen years.) <L 2000-11-28/35, art. 10, 029; Effective: 27-03-2001> (...) <L 18-06-1985, art. 2> (In the case provided for in paragraph 1 of Article 373, the minimum imprisonment will be doubled. (In the cases provided for in paragraph 3 of Article 373, paragraph 4 of the Article 375 and paragraph 3 of Article 376, the penalty of imprisonment shall be at least twelve years; ) <L 2000-11-28/35, art. 10, 029; Effective: 27-03-2001> In the case provided for in paragraph 1 of Article 375, the penalty is imprisonment of at least seven years. (In the cases provided for in paragraphs 5 and 6 of Article 375 and paragraph 2 of Article 376, the penalty will be imprisonment of seventeen years at least.) <L 2000-11-28 / 35, art. 10, 029; Effective: 2703-2001> (...)

Art. 377bis. <L 2007-05-10/35, art. 33, 064; Effective: 09-06-2007> In the cases provided for in this chapter, the minimum penalties imposed by these items can be doubled in the case of imprisonment, and up to two years s it is the prison, when the mobile crime or offense is hatred, contempt or hostility toward a person because of his alleged race, color, his ancestry, national or ethnic origin, nationality, sex, sexual orientation, marital status, birth, his age, his fortune, his religious or philosophical beliefs, his current health and future, disability, language, political conviction of his [1 his belief union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 109, 074; Effective: 31-12-2009>

Art. 378. <L 2000-11-28/35, art. 11, 029; Effective: 27-03-2001> In the cases provided for in this chapter, the guilty will be sentenced to the prohibition of the rights set forth in [1 Article 31, paragraph 1] 1. ---------(1) <L 2009-04-14/01, art. 16, 073; Effective: 15-04-2009>

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Art. 378bis. <L 2000-11-28/35, art. 12, 029; Effective: 27-03-2001> The publication and dissemination of the book, the press, the cinema, the radio, television or otherwise, texts, drawings, photographs, any pictures or audio messages that may reveal the identity of the victim of an offense under this chapter shall be prohibited unless it agreed in writing or if the prosecutor or the judge in charge of the investigation agreed for the purposes of information or instruction. Violations of this section shall be punished by imprisonment of two months to two years and a fine of three hundred [EUR] three thousand [euros] or one of these penalties.

CHAPTER VI. - (CORRUPTION OF YOUTH AND PROSTITUTION). <L 26-05-1914, art. 4>

Art. 379. (See NOTE in TITLE) <L 1995-04-13/32, art. 2, 014; Effective: 05-05-1995> Anyone who has attempted to morals by inciting, encouraging or facilitating, to gratify the passions of others, debauchery, corruption or prostitution of a minor or a of the opposite sex will be punished by imprisonment (five to ten years) and a fine of five hundred [euros] to twenty-five thousand [euros]. <L 2000-11-28/35, art. 13, 029; Effective: 27-03-2001> He will be punished (the prison) ten to fifteen years and a fine of five hundred [EUR] fifty thousand [euros] if the minor has not attained the age of sixteen. <L 2000-11-28/35, art. 13, 029; Effective: 27-032001> (The penalty shall be imprisonment of fifteen to twenty years and a fine of one thousand [euros] a hundred thousand [euros], if the minor has not reached the age of fourteen years old.) <L 2000 -1128/35, art. 13, 029; Effective: 27-03-2001>

Art. 380. (See NOTE in TITLE) (Prior art. 380bis). ยง 1. Shall be punished by imprisonment for one to five years and a fine of five hundred [euros] to twenty-five thousand [euros] No one anyone, to gratify the passions of others, has hired, trained, retained or diverted, to debauchery or prostitution, even with his consent, an adult (...); 2 whoever held a brothel or prostitution; 3 whoever sold, rented or made available for the purposes of prostitution or any other local chambers in order to make an abnormal profit; 4 whoever, in any manner whatsoever operating debauchery or prostitution of others.

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§ 2. Attempt to commit the offenses referred to in § 1 shall be punished by imprisonment of six months to three years and a fine of one hundred [EUR] five thousand [euros]. § 3. Be punished (imprisonment of) ten to fifteen years and a fine of five hundred [EUR] fifty thousand [euros], the offenses referred to in § 1, to the extent the author: <L 2000-11 -28/35, art. 14, 029; Effective: 27-03-2001> 1 used, directly or indirectly, fraud, violence, threats or any form of coercion; 2 or abuse of the particularly vulnerable situation of a person because of his illegal or precarious administrative situation, a pregnancy, illness, infirmity or physical or mental disability. § 4. Be punished (the prison) ten to fifteen years and a fine of one thousand [euros] a hundred thousand [euros] <L 2000-11-28/35, art. 14, 029; Effective: 27-03-2001> No one anyone, to gratify the passions of others, has hired, trained, retained or diverted, either directly or through an intermediary, a minor (...), even with his consent, for the purpose of prostitution or debauchery , <L 2000-11-28/35, art. 14, 029; Effective: 27-03-2001> 2 whoever held, either directly or through an intermediary, or a brothel where prostitution of minors in prostitution or debauchery; 3 whoever sold, rented or made available to a minor for purposes of prostitution or debauchery, rooms or any other room in order to make an abnormal profit; 4 whoever exploited in any manner whatsoever, debauchery or prostitution of a minor (...). <L 200011-28/35, art. 14, 029; Effective: 27-03-2001> (5 ° whoever obtained by submitting an offer or promise of material or financial benefit, debauchery or prostitution of a minor.) <L 2000-11-28/35, art. 14, 029; Effective: 27-03-2001> (§ 6. Whoever witnessed the debauchery or prostitution of a minor shall be punished by imprisonment from one month to two years and a fine of one hundred [EUR] two thousand [euros].) <L 2000-11-28/35, art. 14, 029; Effective: 27-03-2001> § 5. (The offenses referred to in § 4 shall be punished by imprisonment of fifteen to twenty years and a fine of one thousand [euros] a hundred thousand [euros] if they are committed against a minor under sixteen years.) <L 2000-11-28/35, art. 14, 029; Effective: 27-03-2001> Art. 380bis. <L 2000-11-28/35, art. 15, 029; Effective: 27-03-2001> (Prior Art. 380quater) shall be punished with imprisonment from eight days to three months and a fine of twenty-six [EUR] five hundred [EUR] anyone in a public place will be by words, gestures or signs caused a person to immorality. The penalty shall be doubled if the high crime was committed against a minor. Art. 380ter. <L 2000-11-28/35, art. 16, 029; Effective: 27-03-2001> (Prior Art. 380quinquies) § 1. Shall be punished by imprisonment of two months to two years and a fine of two hundred [EUR] two thousand 116


[euros], whoever, whatever way makes or causes to be published, distributed or broadcast publicity, directly or indirectly, even concealing the nature through artifices of language, for offering sexual services, where such advertising is aimed specifically at minors or when it refers to services provided either by minors or by persons called such. The penalty shall be imprisonment of three months and three years and a fine of three hundred [EUR] three thousand [euros] when the publicity referred to in Article 1 has the purpose or effect, direct or indirect, facilitate the prostitution or debauchery of a minor or exploitation for sexual purposes. § 2. Shall be punished by imprisonment of one month to one year and a fine of one hundred [euros] a thousand [euros], whoever, whatever way makes or causes to be published, distributed or diffuse publicity, directly or indirectly, even concealing the nature through artifices of language, for offering sexual services when these services are provided by means of telecommunication. § 3. In cases that are not referred to in § § 1 and 2, shall be punished by imprisonment of one month to one year and a fine of one hundred [euros] a thousand [euros], whoever, by means any publicity, even concealing the nature of the offer or request through artifices of language, makes it known that he engages in prostitution, it facilitates the prostitution of others or wishes to enter into a relationship a person engaged in debauchery. Shall be liable to the same penalties, anyone, by any means of publicity encourages, through the allusion is made to the exploitation of minors or adults for sexual purposes, or use such advertising on the occasion of a range of services.

Art. 380quater. (Repealed) <L 2000-11-28/35, art. 15, 029; Effective: 27-03-2001>

Art. 380quinquies. (Repealed) <L 2000-11-28/35, art. 16, 029; Effective: 27-03-2001>

Art. 381. <L 2000-11-28/35, art. 17, 029; Effective: 27-03-2001> The offenses referred to in Articles 379 and 380, § § 3 and 4, shall be punished by imprisonment of fifteen to twenty years and a fine of one thousand [euros] to hundred thousand [euros] and the offenses referred to in article380 § 5, shall be punished by imprisonment of seventeen to twenty years and a fine of one thousand [euros] a hundred thousand [euros], if they are acts of participation in the main or secondary activity of an association, and that the guilty whether or not the quality of leadership.

Art. 381bis. (Repealed) <L 2000-11-28/35, art. 17, 029; Effective: 27-03-2001>

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Art. 382. <L 2000-11-28/35, art. 18, 029; Effective: 27-03-2001> § 1. In the cases referred to in Articles 379 and 380, the culprits will be further condemned the prohibition of the rights contained in [1 Article 31, paragraph 1] 1. § 2. The courts may prohibit persons convicted of an offense under section 380, § § 1 to 3, for a term of one to three years of use, either by themselves or through an intermediary, a flow beverages, an employment agency, a company shows, a rental or sale of visuals, a hotel, a furnished rental agency, a travel agency, a brokerage firm marriage, an institution of adoption , an institution to which we entrust the custody of minors, a company that transports students and youth groups, a recreational facility or vacation, or institution providing care or psychological injury, or be employed in any capacity whatsoever. In case of a second conviction for an offense under section 380, § § 1 to 3, the ban can be imposed for a term of one year to twenty years. In case of conviction for an offense under sections 379 and 380, § § 4 and 5, the prohibition may be imposed for a term of one to twenty years. § 3. Without regard to the quality of the natural or legal person of the operator, owner, lessee or manager, the court may order the closure of the facility in which the offenses were committed, for a period of one month to three years. When the prisoner is not the owner or operator, or lessee, or manager of the establishment, closure can not be ordered if the gravity of the concrete circumstances require and, for a period of up to two years following quote on the public prosecutor, the owner, operator, lessee or manager of the establishment. The citation in court is transcribed the mortgage of the location of the property at the behest of the author usher feat. The summons shall contain the legal description of the property concerned and identify the owner in the form and under the sanction under section 12 of the Act of 10 October 1913 concerning amendments to the Mortgage Law and the Law on expropriation and forced setting again organizing the mortgage. Any decision in the case is mentioned in the margin of the transcript of the citation under the procedure laid down in Article 84 of the Mortgage Law. The clerk shall send to the registrar of mortgages extracts and the statement that no appeal is brought. § 4. Section 389 applies to this provision. ---------(1) <L 2009-04-14/01, art. 17, 073; Effective: 15-04-2009>

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Art. 382bis. <L 2000-11-28/35, art. 20, 029; Effective: 27-03-2001> Without prejudice to the application of section 382, any conviction for offenses referred to in Articles 372 to 377, 379 to 380ter, 381 and 383 to 387, made on a minor or involving its participation may include, for a period of one year to twenty years, the prohibition of the law: 1 to participate in any capacity whatsoever, to teaching in a public or private hosting minors; 2 of part, as a volunteer, staff member statutory or contractual, or as a member of the Board of Directors and management of any body corporate or unincorporated association whose activities are relevant to the principal minors; 3 to be assigned to an activity that puts convicted of trust or authority vis-Ă -vis minors, as a volunteer, staff member statutory or contractual or as a member of the Board of Directors and Management of any corporation or association. Section 389 applies to this provision.

Art. 382ter. <NOTE: by mistake, two different products, this paper were inserted as articles 382bis in the Penal Code. This article has been changed in Article 382ter by L 2000-11-28/35, art. 19.> <Inserted as art. 382bis by L 1995-04-13/32, art. 6, In force: 05-05-1995> Special confiscation referred to in Article 42, 1 °, can be applied even if the ownership of the things she wears is not the condemned.

CHAPTER VII. - OF PUBLIC MORALS OUTRAGES.

Art. 383. Whoever exposed, sold or distributed songs, pamphlets and other writings printed or not, figures or images immoral shall be sentenced to imprisonment from eight days to six months and a fine of twenty-six [EUR] five hundred [EUR]. (Will same penalties whoever sang, read, recited, heard or uttered obscenities in public places or meetings referred to in § 2 of Article 444.) <L 29-01-1905, art. 1> (Will same penalties: Whoever, for trade or distribution, manufactured, owned, imports or imports, transports or causes to be transported, delivered to a transport agent or distribution announced by any means of advertising, songs, pamphlets, written , figures or images indecent ;) <L 14-06-1926, art. 1> Whoever exposed, sold or distributed emblems or objects contrary to good manners, will, for trade or distribution, or factories owned, imported or caused to be imported, transported or transported, delivered to a transport agent or distribution announced by any means of advertising.) <L 14-06-1926, art. 1> 119


(Whoever, either by exhibition, sale or distribution of printed or not, or by any other means of advertising, advocated the use of any means to abort a woman has provided guidance on how to get them or use them or made known in order to recommend the people who apply. Whoever exhibits, sells, distributes, made or to be made, is imported, transported, delivered to an agent of transmission or distribution announced by any means of advertising drugs or devices specially designed for a woman to abort or advertised such.) <L 20-06-1923, art. 1> (Paragraphs 8-10 repealed) <L 09-07-1973, art. single>

Art. 383bis. (See NOTE in TITLE) <L 1995-04-13/32 Inserted by art. 7, In force: 05-05-1995> § 1. (Without prejudice to the application of Articles 379 and 380, whoever presentation, sold, rented, distributed, broadcast or delivered emblems, objects, films, photographs, slides or other visual media represent positions or sex acts pornography involving minors or having or will have for trade or distribution, or made prisoners, imported or caused to be imported, delivered to a transport agent or distribution shall be punished by imprisonment of five to ten years and a fine of five hundred [EUR] ten thousand [euros].) <L 2000-11-28/35, art. 21, 029; Effective: 27-03-2001> § 2. Whoever knowingly possessed emblems, objects, films, photographs, slides or other visual media referred to under § 1, shall be punished by imprisonment of one month to one year and a fine of one hundred [euros] to mile [ euros]. § 3. The offense under § 1 will be punished (the prison) ten to fifteen years and a fine of five hundred [EUR] fifty thousand [euros], if it is an act of participation in the main or secondary activity of an association, and that the guilty whether or not the quality of leadership. <L 2000-11-28/35, art. 21, 029; Effective: 27-03-2001> § 4. Special confiscation under Article 42, 1 °, can be applied to the offenses referred to in § § 1 and 2, when the property of the things she wears is not the condemned. § 5. (Sections 382 and 389 are applicable) the offenses referred to in § § 1 and 3. <L 2000-11-28/35, art. 21, 029; Effective: 27-03-2001>

Art. 384. <L 14-06-1926, art. 2> (In the cases referred to in Article 383), the author writes, figure, image or object, shall be punished by imprisonment of one month to one year and a fine of fifty [euros] a thousand [euros]. <L 2000-11-28/35, art. 22, 029; Effective: 27-03-2001>

Art. 385. Whoever publicly outraged morality by actions which offend modesty, shall be punished with imprisonment from eight days to one year and a fine of twenty-six [EUR] five hundred [EUR].

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(If the offense was committed in the presence of a minor under sixteen years of age, the penalty shall be imprisonment from one month to three years and a fine of one hundred [euros] a thousand [euros ].) <L 2000-11-28/35, art. 23, 029; Effective: 27-03-2001>

Art. 386. <L 28-07-1962, art. 2> If the offenses referred to in Article 383 were committed against juveniles, imprisonment is six months to two years and a fine of one thousand [euros] to five thousand [euros]. In the same case, without prejudice to the application of paragraph 2 of Article 385, the penalties in the first paragraph of this Article may be doubled.

Art. 386bis. (Deleted by renumbering) <L 2000-11-28/35, art. 24, 029; Effective: 27-03-2001>

Art. 386ter. (Deleted by renumbering) L 2000-11-28/35, art. 24, 029; Effective: 27-03-2001>

Art. 387. <L 2000-11-28/35, art. 24, 029; Effective: 27-03-2001> (Prior Art. 386bis) shall be punished by imprisonment of six months to two years and a fine of one thousand [euros] to five thousand [euros], who sells or distributed to minors or displays in public or along it pictures, figures or objects indecent likely to disturb their imagination.

Art. 388. <L 2000-11-28/35, art. 25, 029; Effective: 27-03-2001> In the cases provided for in this chapter, the guilty will be sentenced to more than the prohibition of the rights set forth in [1 Article 31, paragraph 1] 1. If convicted under Articles 386, paragraph 1, or 387 and if the offense was committed in the operation of a commercial bookstore, bookstore or photographic or equipment necessary to carry out any type visual support, or business entertainment, the closure of the institution may be ordered for a period of one to three months. In case of a second conviction for one of the offenses referred to in paragraph 2, committed within three years of the first conviction, the closure may be ordered for a period of three to six months. If third conviction for the same offense committed within five years after the second conviction, the final closure may be ordered. In the latter case, the courts may also prohibit convicted operate, either by themselves or through an intermediary, a library, a bookstore, a trade or photographic equipment necessary to carry out any type of visual, business entertainment or one or more of these businesses or business or be employed in any capacity whatsoever. 121


When the prisoner is not the owner, or operator, or lessee, or manager of the establishment, closure can not be ordered if the severity of the specific circumstances require. In this case, Article 382, § 3, paragraphs 2 to 5 shall apply. Section 389 applies to this provision. ---------(1) <L 2009-04-14/01, art. 18, 073; Effective: 15-04-2009>

Art. 389. <L 2000-11-28/35, art. 26, 029; Effective: 27-03-2001> § 1. The duration of the ban imposed under sections 378, 382, § 1, 382bis and 388, paragraph 1, will run from the date of sentence or the date on which the prisoner has been prescribed or sentence of imprisonment without the stay and, if early release from the day of its release as long as it is not revoked. However, the ban imposed under article382, § 2 shall take effect from the date on which the conviction contradictory or default will become irrevocable. § 2. Any violation of the provisions of the judgment or the judgment which imposes a ban pursuant to the Articles referred to in § 1 shall be punished by imprisonment of one to six months and a fine of one hundred [euros] to mile [ euros] or one of these penalties. § 3. The closure imposed under any of sections 382, § 3, and 388 shall take effect from the date on which the conviction contradictory or default will become irrevocable. § 4. Any violation of the provisions of the judgment or the judgment which ordered the closure of an establishment pursuant to the Articles referred to in § 3 shall be punished by imprisonment of three months to three years and a fine of one thousand [euros] five thousand [euros] or one of these penalties.

CHAPTER VIII. - (THE BIGAMY.) <L 2000-11-28/35, art. 27, In force: 27-03-2001>

Art. 390. (Repealed) <L 20-05-1987, art. 1>

Art. 391. (See NOTE in TITLE) Whoever, being engaged in the bonds of marriage, has contracted another before the dissolution of the former, shall be punished (imprisonment of five to ten years). <L 2003-01-23/42, art. 64, 041; Effective: 13-03-2003>

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CHAPTER IX. - ABANDONMENT OF FAMILY.

Art. 391bis. <L 05-07-1963, art. 1> Will be punished with imprisonment from eight days to six months and a fine of from fifty to five hundred [euros] or one of these penalties, without prejudice, where appropriate, the application of tougher criminal penalties, any person who, having been convicted by a judgment which can not be subject to opposition or appeal, to provide support to his spouse, descendants or ascendants his will voluntarily remained more than two months without paying terms. (Will be punished with the same penalties, failure in accordance with paragraph 1, of the obligations specified in Articles 203bis, 206, 207, 301, 303, (...) 336 (353-14 and the Civil Code) and sections 1288, 3 ° and 4 °, (...) of the Judicial Code.) <L 31-03-1987, art. 93> <L 2003-04-24/32, art. 6, 045; Effective: 0109-2005> <L 2007-04-27/00, art. 40, 1, 065; Effective: 01-09-2007> The same penalties shall apply to the spouse who voluntarily withdrawn, in whole or in part, to the effects of the authorization granted by the judge under (Articles 203ter, 221 (301, § 11) of the Civil Code, and 1280, paragraph 5, (...) of the Judicial Code) when it can no longer be subject to opposition or appeal. <L 31-03-1987, art. 93> <L 2007-04-27/00, art. 40, 2 ° and 3 °, 065; Effective: 01-09-2007> It will be the same for the spouse, condemned, or any of the obligations the breach of which is punishable under the first two paragraphs of this Article, by application of (articles 203ter, 221 (301, § 11) Civil Code, 1280, Section 5, (...) of the Judicial Code) shall not voluntarily comply with the formalities prescribed by the law and social deprives his spouse or child benefits to which they were entitled. <L 3103-1987, art. 93> <L 2007-04-27/00, art. 40, 2 ° and 3 °, 065; Effective: 01-09-2007> (The same penalties shall apply to any person who willfully obstructing the guardianship of family allowances and other social benefits, by failing to provide the necessary documents to bodies liquidation of these benefits, making false or incomplete statements or by changing the assignment that has been given by the person or authority designated in accordance with Article 29 of the Act of 8 April 1965 on the protection of young people (in the care of minors who have committed offense is qualified and repair the damage caused by this fact)). <L 2005-08-10/62, art. 2, 054; Effective: 02-09-2005> <L 200605-15/35, art. 21, 056, ED: 16-10-2006> In case of a second conviction for an offense under this section committed within five years after the first, the penalties can be doubled.

Art. 391ter. <L 05-07-1963, art. 2> If a person has remained more than two months without meeting any of the obligations the breach of which is punishable under Article 391bis, it may be called before the magistrate at the request of any interested person or the public prosecutor . The convocation is made through a letter signed and sent by the clerk with acknowledgment.

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Justice of the Peace collects and presents explanations of the parties at all, it transmits minutes to prosecutor.

CHAPTER X. - Crimes and offenses relating to adoption. <L 2003-04-24/32 inserted by art. 7, Effective: unspecified>

Art. 391quater. <L 2003-04-24/32 inserted by art. 7, In force: 01-09-2005> be punished by imprisonment of one month to one year and a fine of twenty-six euro and five hundred Euros or one of these penalties any person who, in intent to defraud, obtained or attempted to obtain for himself adoption contravening the provisions of the law. In the event of a repeat offense within three years following a conviction sunk into force of res judicata for an offense in the first paragraph, these penalties can be doubled.

Art. 391quinquies. <L 2003-04-24/32 inserted by art. 7, In force: 01-09-2005> Will be punished by imprisonment for one to five years and a fine of five hundred euros twenty-five thousand euro or either of these penalties any person who be acted as intermediary in obtaining or attempting to obtain an adoption to others without being a member of an organization previously approved for this purpose by the competent community or a member of an approved body has obtained or attempted to obtain for another adoption contravening the provisions of the law.

CHAPTER XI. - From forced marriage. <L 2007-04-25/76, art. 2, In force: 25-06-2007>

Art. 391sexies. <L 2007-04-25/76, art. 2, 005; Effective: 25-06-2007> Any person who, by violence or threats have forced someone into marriage shall be punished by imprisonment from one month to two years or a fine of one hundred to five hundred euros. The attempt is punished with imprisonment from fifteen days to one year or a fine of fifty to two hundred and fifty euros.

TITLE VIII. - CRIMES AND CRIMES AGAINST PERSONS.

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CHAPTER I. - (OF HOMICIDE AND INJURY OF VOLUNTARY TORTURE AND INHUMAN TREATMENT TREATMENT DEGRADING.) <L 2002-06-14/42, art. 4, 036; Effective: 24-08-2002>

Art. 392. The volunteers are qualified homicide and injuries caused with the intention of attacking the person of a specific individual, or one who will be found or encountered, though this plan would be dependent on any circumstances or in any condition, and even though the author was mistaken in the person of him who was the victim of the attack.

Art. 392bis. <L 31-03-1987, art. 94> For the purposes of this chapter, the words "father", "mother" and "bottom" refer adopters and also in case of adoption and full adoption, adoptive parents ascendants.

SECTION I. - THE MURDER AND ITS OTHER SPECIES.

Art. 393. (See NOTE in TITLE) homicide committed with intent to kill is called murder. He will be punished (by imprisonment of twenty to thirty years). <L 2003-01-23/42, art. 65, 041; Effective: 13-032003>

Art. 394. The premeditated murder is murder qualified. He will be punished (to life imprisonment). <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996>

Art. 395. <L 31-03-1987, art. 95> Is called parricide and shall be punished (of imprisonment), the murder of the father, mother or other ascendants. <L 1996-07-10/42, art. 15, 018; Effective: 11-081996>

Art. 396. Is called infanticide, the murder of a child at the time of or immediately after birth. Infanticide be punished according to the circumstances, such as murder or as murder. (Paragraphs 3 and 4 repealed) <L 12-07-1984, art. single>

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Art. 397. Qualified poisoning murder by means of substances that can cause death more or less quickly in any way that these substances have been used or administered. He will be punished (to life imprisonment). <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996>

SECTION II. - THE VOLUNTARY MANSLAUGHTER MURDER AND UNQUALIFIED INJURY VOLUNTEERS.

Art. 398. Whoever willfully injures or strikes shall be punished with imprisonment from eight days to six months and a fine of twenty-six [EUR] one hundred [euro], or one of these penalties. In the case of intent, the offender shall be sentenced to imprisonment of one month to one year and a fine of fifty [EUR] two hundred [EUR].

Art. 399. If the blows or injuries caused illness or incapacity for work, the offender shall be punished by imprisonment of two months to two years and a fine of fifty [EUR] two hundred [EUR]. The offender shall be punished with imprisonment of six months to three years and a fine of one hundred [EUR] five hundred [euros], if he acted with premeditation.

Art. 400. (See NOTE in TITLE) The penalties are imprisonment of two to five years and a fine of two hundred [EUR] five hundred [euros], if the result of blows or injuries, an apparently incurable illness, or permanent incapacity for work, or loss of use of an organ, or a serious mutilation. The penalty shall be that of the (life of five to ten years), if there was premeditation. <L 2003-01-23/42, art. 66, 041; Effective: 13-03-2003>

Art. 401. (See NOTE in TITLE) <L 2003-01-23/42, art. 67, 041; Effective: 13-03-2003> When the blows or wounds made voluntarily, but without intent to cause death, however, have caused, the offender shall be punished with imprisonment from five years to ten years . II shall be punished by imprisonment of ten to fifteen years, if these acts of violence committed with premeditation.

Art. 401bis. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001> the penalties laid down in Articles 398 and 401, and the following distinctions are established, whoever intentionally deprived of

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food or care, to the point of compromising his health, child below the age of sixteen years or a person who, by reason of his physical or mental condition, was not even provide for its maintenance.

Art. 402. Shall be punished by imprisonment of three months to five years and a fine of fifty [EUR] five hundred [euros], whoever caused to another illness or incapacity for work by administering voluntarily, but without intent kill, substances that can cause death or substances which, without being liable to cause death, however, can seriously affect your health.

Art. 403. (See NOTE in TITLE) The penalty shall be (imprisonment of five to ten years), when these substances have caused an apparently incurable illness, or permanent incapacity for work, or loss of use absolute of an organ.

Art. 404. (See NOTE in TITLE) If the substances administered voluntarily, but without intent to cause death, however, have caused, the offender shall be punished (the prison) for fifteen to twenty years. <L 2003-01-23/42, art. 69, 041; Effective: 13-03-2003>

Art. 405. Attempt to administer to others, without intent to kill, substances of the kind referred to in Article 402, shall be punished by imprisonment from one month to three years and a fine of twenty- six [euros] three hundred [EUR].

Art. 405bis. <Inserted by L 2000-11-28/35, art. 28, 029; Effective: 27-03-2001> In the cases mentioned below, if the crime or offense was committed against a minor or to a person who, because of physical or mental condition is, n ' was not able to provide for its maintenance, the penalties are as follows: 1 in the cases referred to in Article 398, paragraph 1, sentences are imprisonment of one month to one year and a fine of twenty-six [EUR] one hundred [EUR] 2 in the cases referred to in Article 398, paragraph 2, sentences are imprisonment from two months to two years and a fine of fifty [EUR] two hundred [EUR] 3 in the case referred to in Article 399, paragraph 1, sentences are imprisonment from four months to four years and a fine of fifty [EUR] two hundred [EUR] 4 째 in the cases referred to in article 399, paragraph 2, sentences are imprisonment for one to five years and a fine of one hundred [EUR] five hundred [EUR]

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5 ° in the case referred to in Article 400, paragraph 1, the sentence shall be imprisonment of five to ten years; 6 ° in the cases referred to in Article 400, paragraph 2, the sentence shall be imprisonment of ten to fifteen years; 7 ° in the cases referred to in Article 401, paragraph 1, the sentence shall be imprisonment of ten to fifteen years; 8 ° in the cases referred to in Article 401, paragraph 2, the sentence shall be imprisonment of fifteen to twenty years; 9 ° in the cases referred to in Article 402, the penalty shall be imprisonment of five to ten years; 10 ° in the cases referred to in Article 403, the penalty shall be imprisonment of ten to fifteen years; 11 ° in the cases referred to in Article 404, the penalty shall be imprisonment of seventeen to twenty years.

Art. 405ter. <Inserted by L 2000-11-28/35, art. 28, 029; Effective: 27-03-2001> In the cases provided for in Articles 398 to 405bis, if the crime or offense was committed against a minor or to a person who, by reason of his physical or mental condition, was not able to provide for his maintenance by his father, mother or other ascendants, any other person having authority over the minor or incompetent or who has custody, or any person who cohabits occasionally or habitually with the victim , the minimum penalties imposed by these articles will be double those of imprisonment, and up to two years in the case of imprisonment.

Art. 405quater. <L 2007-05-10/35, art. 34, 064; Effective: 09-06-2007> In the cases provided for in Articles 393 to 405bis, the minimum penalties imposed by these items can be doubled in the case of correctional penalties, and increased by two years case of confinement, when the mobile crime or offense is hatred, contempt or hostility toward a person because of his alleged race, skin color , his ancestry, national or ethnic origin, nationality, sex, sexual orientation, marital status, birth, his age, his fortune, his religion or belief of state of current or future health, disability, language, political conviction of his [1 his belief union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 110, 074; Effective: 31-12-2009>

Art. 406. (See NOTE in TITLE) <L 07-06-1963, art. 2> Will punished by (imprisonment of five to ten years) which will badly hampers rail, road, river or sea by any action detrimental to communication 128


channels, the structures or equipment, or any other action likely to make dangerous traffic or the use of means of transport or cause injury during use or their movement. <L 2003-01-23/42, art. 70, 041; Effective: 13-03-2003> Apart from the cases mentioned in the preceding paragraph, shall be punished with imprisonment from eight days to three months and a fine of twenty-six [euros] a thousand [euros], who will maliciously hindered rail, road , river, sea, anything constituting obstacles likely to impede traffic or the use of means of transport. Shall be punished by a sentence of eight days to two months and a fine of twenty-six to five hundred [EUR] who, by any other action, will viciously prevented the current traffic on the rail or road.

Art. 407. (See NOTE in TITLE) <L 2003-01-23/42, art. 71, 041; Effective: 13-03-2003> If the injury is caused by the nature of those provided by Article 399, the offender shall be sentenced to imprisonment of ten to fifteen years. He will be sentenced to imprisonment of fifteen to twenty years, if the injury is the nature of those provided by Article 400.

Art. 408. (See NOTE in TITLE) If the offense resulted in the death of a person, the offender shall be punished (by imprisonment of twenty to thirty years). <L 2003-01-23/42, art. 72, 041; Effective: 13-032003> Art. 409. <L 2000-11-28/35, art. 29, 029; Effective: 27-03-2001> § 1. Whoever participated in, facilitated or encouraged any form of genital mutilation of a female person, with or without her consent, shall be punished with imprisonment of three to five years. The attempt shall be punished by imprisonment from eight days to one year. § 2. If the mutilation is performed on a minor or for profit, the penalty shall be imprisonment of five to seven years. § 3. When the mutilation caused an apparently incurable illness or permanent disability, the penalty shall be imprisonment of five to ten years. § 4. When the mutilation made without intention to kill the will however caused, the punishment shall be imprisonment of ten to fifteen years. § 5. If the mutilation referred to in § 1 was performed on a minor or a person who, by reason of his physical or mental condition, was not able to provide for his maintenance by his father, mother or other ascendants, other person having authority over the minor or incompetent or who has custody, or any person who cohabits occasionally or habitually with the victim, the minimum penalties provided in § § 1 to 4 shall be doubled in the case of a imprisonment, and up to two years if they are in prison.

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Art. 410. <L 2000-11-28/35, art. 30, 029; Effective: 27-03-2001> In the cases referred to in Articles 398 to 405, if the offender committed the crime or offense against his father and mother or other ascendants, the minimum of the penalty imposed by the items will be doubled in the case of imprisonment, and up to two years in the case of imprisonment. It will be the same if the offender committed the crime or offense against the spouse or the person with whom he is cohabiting or has cohabited and maintains or has maintained a lasting emotional and sexual relationship. (In addition, in the case referred to in Article 398, paragraph 1, the maximum penalty is extended to one year of imprisonment.) <L 2003-01-28/33, art. 2, 038; Effective: 22-02-2003>

Art. 410bis. <L 2006-12-20/41 inserted by art. 6, In force: 22-02-2007> In cases referred to in Articles 398 to 405, if the offender committed the crime or offense against a driver, a guide, a controller or a teller of an operator of a public transport network, a factor, a firefighter, a member of civil protection, an ambulance, a doctor, a pharmacist, a physiotherapist, a nurse, a member of staff at the reception of emergency services institutions care, a social worker, a psychologist or a public service, in the exercise of their duties, the minimum penalty imposed by these articles shall be doubled in case of imprisonment, and increased by two years in the case of imprisonment. It will be the same if the culprit is a student or a student who is enrolled in an educational institution or has been registered during the six months preceding the facts, or father or mother or family member of the student or the student, or other person having authority over the student or the student or having custody, committed the crime or offense against a member of staff or management of that institution, to those responsible for the care of students in a medical-educational institute organized or subsidized by the community, or to an external charge by the Community authorities to prevent and solve the problems of school violence in the exercise of their functions.

SECTION III. - HOMICIDE OF INJURY, AND SHOTS excusable.

Art. 411. Homicide, injury and beating are excusable if they were immediately caused by serious violence against persons.

Art. 412. Crimes and offenses mentioned in the previous section are also excusable if they were committed in repelling, during the day, climbing or breaking of enclosures, walls or entry of a house or an apartment inhabited or their dependencies, unless it is established that the agent could not believe 130


an attack against the people, as the direct purpose of trying the scaling or breaking, or as a result of resistance that would meet the purposes of the latter.

Art. 413. (Repealed) <L 1997-11-24/51, art. 3, 020; Effective: 16-02-1998>

Art. 414. Where their excuse will be shown: If it is a crime carrying (life imprisonment), or of the (life of twenty to thirty years), the penalty will be reduced to imprisonment for one to five years and a fine of percent [euros] five hundred [EUR] <L 199607-10/42, art. 15, 018; Effective: 11-08-1996> <L 2003-01-23/42, art. 73, 041; Effective: 13-03-2003> If it is any other crime, it will be reduced to a term of imprisonment of six months to two years and a fine of fifty [EUR] two hundred [EUR] If it is a misdemeanor, the penalty will be reduced to a term of imprisonment of eight days to three months and a fine of twenty-six [EUR] one hundred [EUR].

Art. 415. (Repealed) <L 2000-11-28/35, art. 52, 029; Effective: 27-03-2001> -03 to 1987, art. 97>

SECTION IV. - HOMICIDE OF INJURY, AND SHOTS JUSTIFIED.

Art. 416. There is no crime or offense, when the homicide, injuries and blows were ordered by the actual necessity of legitimate defense of oneself or others.

Art. 417. Are included in cases of actual necessity defense, the following two cases: If the homicide was committed, if the injury was made, if the blows were pushing during the night, climbing or breaking of enclosures, walls or entry of a house or apartment lived or their dependencies, unless it is established that the agent could not believe an attack against the people, as the direct purpose of trying the scaling or breaking, or as a result of resistance that would meet the purposes of the latter. If the event took place in defending themselves against the perpetrators of theft or looting carried out with violence against people.

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Section V. - <L 2002-06-14/42 inserted by art. 5, In force: 24-08-2002> From torture, inhuman and degrading treatment

Art. 417bis. <L 2002-06-14/42 inserted by art. 5, In force: 24-08-2002> For the purposes of this section, the following definitions apply: 1 torture deliberate inhuman treatment causing severe pain or very serious and cruel suffering, whether physical or mental; 2 inhuman treatment: treatment by which any serious mental or physical suffering is intentionally inflicted on a person, especially in order to obtain her information or a confession, punishing him, to put pressure on it or intimidate that person or a third party; 3 degrading treatment: Any treatment that causes one who is subject to the eyes of others or his own, humiliation or debasement serious.

Art. 417 ter. <L 2002-06-14/42 inserted by art. 5, In force: 24-08-2002> Anyone submit to torture a person shall be punished by imprisonment of ten to fifteen years. The offense under the first paragraph shall be punished by imprisonment of fifteen to twenty years in the following cases: 1 when it has been committed: a) by an officer or a public official, a trustee or an agent of the public force acting on the occasion of the exercise of its functions; b) to a person particularly vulnerable due to pregnancy, illness, infirmity or physical or mental disability, or because of a precarious situation; c) against a minor; 2 째 or when the act caused an apparently incurable illness, a permanent physical or mental, the complete loss of an organ or the use of an organ, or a serious mutilation. The offense under the first paragraph shall be punished by twenty to thirty years of imprisonment: 1 when it is committed against a minor or to a person who, by reason of his physical or mental condition, was not able to provide for his maintenance by his father, mother or other ascendants, any other person having authority over him or having custody or any adult who occasionally or habitually cohabits with the victim; 2 째 or when it has caused death and was committed without intention to kill. 132


An order from a superior officer or authority can justify an offense under the first paragraph. (The state of necessity can justify the offense under the first paragraph.) <L 2006-05-18/53, art. 2, 060; Effective: 11-12-2006>

Art. 417quater. <L 2002-06-14/42 inserted by art. 5, In force: 24-08-2002> Anyone submitting a person to inhuman treatment will be punished by imprisonment of five to ten years. The offense under the first paragraph shall be punished by ten to fifteen years' imprisonment in the following cases: 1 when it has been committed: a) by an officer or a public official, a trustee or an agent of the public force acting on the occasion of the exercise of its functions; b) to a person particularly vulnerable due to pregnancy, illness, infirmity or physical or mental disability, or because of a precarious situation; c) against a minor; 2 째 or when the act caused an apparently incurable illness, a permanent physical or mental, the complete loss of an organ or the use of an organ, or a serious mutilation. The offense under the first paragraph shall be punished by fifteen to twenty years of imprisonment: 1 when it is committed against a minor or to a person who, by reason of his physical or mental condition, was not able to provide for his maintenance by his father, mother or other ascendants, any other person having authority over him or having custody or any adult who occasionally or habitually cohabits with the victim; 2 째 or when it has caused death and was committed without intention to kill. An order from a superior officer or authority can justify an offense under the first paragraph.

Art. 417quinquies. <L 2002-06-14/42 inserted by art. 5, In force: 24-08-2002> Anyone submitting a person to degrading treatment shall be punished with imprisonment of fifteen days to two years and a fine of EUR 50 to EUR 300 or one of these penalties .

CHAPTER II. - OF HOMICIDE AND INJURY INVOLUNTARY.

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Art. 418. Is guilty of involuntary homicide or injury, which has caused harm by lack of foresight or precaution, but without intent to destroy the other person.

Art. 419. Whoever unintentionally caused the death of a person shall be punished by imprisonment of three months to two years and a fine of fifty [euros] a thousand [euros]. (When death is the result of a traffic accident, imprisonment of three months to five years and a fine of 50 euros to 2000 euros.) <L 2005-07-20/52, art. 28, 052; Effective: 31-03-2006>

Art. 419bis. (Repealed) <L 2005-07-20/52, art. 30, 052; Effective: 31-03-2006>

Art. 420. If it is the result of lack of foresight or precaution that blows or injury, the culprit (shall be punished with imprisonment from eight days to six months) and a fine of fifty [EUR] five hundred [euros], or one of these penalties. <L 31-03-1936, art. 1> (When the blows or injuries are the result of a traffic accident, imprisonment shall be eight days to one year and a fine of 50 euros to 1,000 euros.) <L 2005-07-20/52, art. 29, 052, ED: 31-03-2006>

Art. 420bis. (Repealed) <L 2005-07-20/52, art. 30, 052; Effective: 31-03-2006>

Art. 421. Shall be punished with imprisonment from eight days to one year and a fine of twenty-six [EUR] two hundred [euro], or one of these penalties, which will inadvertently cause another illness or incapacity for work by administering substances that are likely to cause death or seriously affect health.

Art. 422. When a convoy of railway accident has experienced a nature as to endanger persons that were there, the one who has been involuntarily cause shall be punished with imprisonment from eight days to two months and a fine of twenty-six [EUR] two hundred [euro], or one of these penalties. If the accident resulted in injury, the offender shall be punished by imprisonment from one month to three years and a fine of fifty [EUR] three hundred [EUR]. If the accident caused the death of a person, imprisonment is six months to five years and a fine of one hundred [EUR] six hundred [EUR].

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SOME ABSTENTIONS GUILTY.

Art. 422bis. <L 06-01-1961, art. 1> be punished by imprisonment of eight days (one year) and a fine from fifty to five hundred [euros] or one of these penalties, one who refrains assist or provide assistance to a person exposed to a serious danger, whether he has found himself in the situation of that person, or that this situation is described by those who seek his intervention. <L 1995-04-13/33, art. 4, 1, 015; Effective: 05-05-1995> The offense requires that abstaining could intervene without serious danger to himself or others. Where it has not personally seen the danger to which the person was exposed to attend the abstaining may be punished when the circumstances in which he was asked to intervene could make him believe the lack of seriousness of the call or the existence of risk. (The sentence referred to in paragraph 1 shall be extended to two years if the person exposed to a grave is a minor of age.) <L 1995-04-13/33, art. 4, 2, 015; Effective: 05-05-1995>

Art. 422ter. <L 06-01-1964, art. 1> Will The penalties provided in the preceding article which the can without serious danger to himself or others, refuses or neglects to carry a person in danger the help of which it is legally required, one that can refuses or neglects to do the work, service, or lend relief as may be required in the circumstances of accidents, riots, wrecked, flood, fire or other disasters, as well as in cases of robbery, looting, flagrante delicto, public clamor or judicial enforcement.

Art. 422quater. <L 2007-05-10/35, art. 35, 064; Effective: 09-06-2007> In the cases provided for by Articles 422bis and 422ter, the minimum correctional penalties brought by these items can be doubled when the mobile crime or offense is hatred , contempt or hostility toward a person because of his alleged race, color, ancestry, national origin, ethnicity, nationality, gender, orientation sex, marital status, birth, his age, his fortune, his religious or philosophical belief, state of current or future health, disability, language, political conviction of his [ one of his conviction union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 111, 074; Effective: 31-12-2009>

CHAPTER III. - (Violations minors, incapacitated and the family.) <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001>

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Section I. - <L 2000-11-28/35, art. 31, In force: 27-03-2001> From neglect and abandonment of children or incapable in need.

Art. 423. <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> § 1. Shall be punished by imprisonment from one month to three years and a fine of twenty-six [EUR] three hundred [euro], or one of these penalties, those who have been abandoned or neglect in a any place, a minor or a person unable to protect itself because of his physical or mental condition. § 2. If as a result of neglect, the person referred to in § 1 remained severely mutilated, suffering from an apparently incurable illness or has lost the use of an organ, the guilty will be punished by imprisonment of six months to five years and a fine of fifty [EUR] three hundred [euro], or one of these penalties. § 3. If neglect has caused the death of the person referred to in § 1, the guilty will be punished with imprisonment from five years to ten years.

Art. 424. Shall be punished by imprisonment from eight days to six months and a fine of fifty [EUR] five hundred [euro], or one of these penalties, without prejudice, where applicable, the application of penal provisions more stringent: The parent or adoptive parents who abandon their children in need, yet it has not been left alone, refusing to take or refuse to pay the maintenance when entrusted to a third party or that has been entrusted to a third court. In case of a second conviction for an offense under this section committed within five years after the first, the penalties can be doubled.

Section II. - <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> The deprivation of food or care imposed on minors or incompetents.

Art. 425. <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> § 1. Shall be punished by imprisonment from one month to three years and a fine of twenty-six [EUR] three hundred [euro], or one of these penalties, any person who intentionally deprived of food or care to the point of compromising his health, a minor or a person who, by reason of his physical or mental condition, was not able to provide for its maintenance. § 2. If deprivation of food or care caused an apparently incurable illness, or the complete loss of use of an organ, or a serious mutilation, the offender shall be punished by imprisonment of five to ten years. 136


§ 3. If deprivation of food or care given voluntarily, without intent to kill, yet have caused, the offender shall be punished with imprisonment from ten to fifteen years.

Art. 426. <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> § 1. Shall be punished with imprisonment from eight days to two months and a fine of fifty [EUR] five hundred [euros] or one of these penalties, without prejudice, where applicable, the application penal provisions more stringent anyone having custody of a minor or a person incapable of providing for his maintenance due to a physical or mental, has neglected the maintenance of the minor or person in point of compromising his health. § 2. If the negligence led to the death of the minor or person incapable of providing for his maintenance because of its physical or mental condition, the offender shall be punished with imprisonment of three months to two years and a fine fifty [euros] a thousand [euros].

Section III. - <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> Provisions common to Sections I and II.

Art. 427. <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> In the cases provided for in Articles 423, 425 and 426, if the offender has committed the offense against his father, mother, adoptive parents or other ascendants, the minimum penalty imposed by these items will be doubled in the case of imprisonment, and up to two years in the case of imprisonment. It will be the same when the perpetrator is the father, mother or adopting the victim or any other person having authority over him or her care.

Section IV. - <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> From kidnapping and concealment of minors.

Art. 428. <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> § 1. Whoever is removed or remove a child under twelve years shall be punished by imprisonment of five to ten years, even if the minor has voluntarily followed her captor. § 2. Whoever by violence, threat or deception, or remove kidnapped a minor over twelve years shall be punished by imprisonment of five to ten years. § 3. (...) <L 2002-06-14/42, art. 6, 036; Effective: 24-08-2002>

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§ 4. The punishment shall be imprisonment of fifteen to twenty years if the removal or detention caused minor removed, an apparently incurable illness, a permanent physical or mental incapacity, or the complete loss of use of an organ or serious mutilation. § 5. If the kidnapping or detention caused the death, the penalty shall be imprisonment of twenty years to thirty years. Art. 429. <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> Will the same penalties as the abductor, a minor keep anyone he knows to have been removed. Art. 430. <L 2000-11-28/35, art. 31, 029; Effective: 27-03-2001> In the cases covered by Articles 428 and 429, with the exception of the cases referred to in Article 428, § § 3-5, the penalty shall be imprisonment two to five years and a fine of two hundred [EUR] five hundred [EUR] if within five days of the kidnapping, the abductor or the person referred to in section 429 has returned voluntarily minor removed.

Section V. - The non-representation of children.

Art. 431. Shall be punished by imprisonment from eight days to one year and a fine of twenty-six [EUR] one hundred [euros] or one of these penalties, those who are charged with a minor under twelve years, do point to represent people who have the right to claim it. If the offender is behind this minor for more than five days to those who have the right to claim unfair or holds the minor outside the territory of the Kingdom, he shall be punished by imprisonment for one to five years and a fine of twenty-six [EUR] two hundred [euros] or one of these penalties.

Art. 432. § 1. Shall be punished by imprisonment from eight days to one year and a fine of twenty-six [euros] a thousand [euros], or one of these penalties: father or mother or subtract attempt to remove a minor child in the proceedings against him under the law relating to the protection of youth or youth assistance, which subtract or attempt to evade custody of the person to whom the competent authority has given, which does not represent those who have the right to claim the remove or cause the removal, even with his consent. If the offender has been deprived of parental authority in whole or in part, imprisonment may be increased to three years. § 2. If the offender hides minor child for more than five days to those who have the right to claim unfair or holds the minor outside the territory of the Kingdom, he shall be punished by imprisonment for one year five years and a fine of fifty [euros] a thousand [euros], or one of these penalties. 138


If the offender has been deprived of parental authority in whole or in part, imprisonment will be at least three years. § 3. In cases where it has been ruled on custody of the minor child either during or after a divorce or separation or in other circumstances prescribed by law, the penalties in § § 1 and 2 are applied to the father or the mother or subtract attempt to remove a minor child in the custody of those to whom it has been entrusted under the decision, which does not account for those who right to claim the remove or cause the removal, even with his consent. § 4. When custody of the minor child will be the subject of a settlement prior proceedings by mutual consent, the penalties provided for in § § 1 and 2 are applied to the father or the mother, the date of the transcription divorce by mutual consent, subtract or attempt to remove a minor child in the custody of those to whom it has been entrusted under the decision or settlement, which does not represent those who have the right to claim, to remove or cause the removal, even with his consent.

Section VI. - From the use of minors for criminal or tortious. <L 2005-08-10/62 inserted by art. 3, In force: 02-09-2005>

Art. 433. <L 2005-08-10/62, art. 4, 054; Effective: 02-09-2005> Subject 433quinquies under Article, any person who, directly or through an intermediary, drawn or used a minor to commit one of the ways provided for in Article 66, a criminal offense, shall be punished by the penalties for this crime or offense, the minimum sentence of imprisonment of one month will be high when the maximum term of imprisonment provided is one year, two months when it is two years, three months when three years, five months when it is five years and two years imprisonment in the case of time and including, where applicable, the minimum amount of the fine will be doubled. The minimum penalty provided in paragraph 1 is high again and in the same proportion when: 1 the minor is under the age of sixteen years, or 2 ° the person referred to in paragraph 1 of the abuse particularly vulnerable position in which the minor or 3 ° the person referred to in paragraph 1, is the father, the mother, another ascendant, the adopter, or any other person having authority over the minor or having custody or 4 ° action to attract minors or use them to commit a felony or a misdemeanor, is a normal activity.

Section VII. - From the invasion of privacy of the minor. <L 2005-08-10/62 inserted by art. 5, In force: 02-09-2005> 139


Art. 433bis. <L 2005-08-10/62 inserted by art. 6, In force: 02-09-2005> The publication and dissemination through books, through the press, the cinema, the radio broadcasting, television or otherwise, of the record of proceedings before the juvenile court before the judge and before the Boards of Appeal Court competent to decide on the appeal against their decisions, are prohibited. Are excepted only the reasons and the judicial decision pronounced in public, subject to the application of paragraph 3. Publication and dissemination, by any process, texts, drawings, photographs or images to reveal the identity of an accused person or the subject of a measure (Articles 37, 39, 43, 49, 52, 57a and 52quater) of the Act of 8 April 1965 on the protection of young people or the law of 1 March 2002 on the temporary placement of minors having committed an offense described, are also prohibited. It is the same for the person who is the subject of any action taken under the procedure referred to in Article 63bis of the Act of 8 April 1965 on the protection of youth (to support minors who have committed an offense and qualified to repair the damage caused thereby). <L 2006-05-15/35, art. 22, 056; Effective: 01-10-2007> Violations of this section shall be punished by imprisonment of two months to two years and a fine of three hundred to three thousand euros euros or one of these penalties.

CHAPTER IIIa. - The exploitation of begging <L 2005-08-10/61 Inserted by art. 6, In force: 12-09-2005>

Art. 433ter. <Inserted by L 2005-08-10/61, art. 7, In force: 12-09-2005> be punished by imprisonment of six months to three years and a fine of five hundred euros to twenty-five thousand euros: 1 whoever hired, trained, diverted or retained a person to engage in the begging, begging to be encouraged or to continue to do so, or will provision a beggar so that 're used to elicit public commiseration; 2 any person who, in any manner whatsoever operating begging others. Attempt to commit an offense referred to in paragraph 1 shall be punished by imprisonment from one month to two years and a fine of one hundred to two thousand euros euros.

Art. 433quater. <Inserted by L 2005-08-10/61, art. 8, In force: 12-09-2005> The offense referred to in Article 433ter, paragraph 1, shall be punished by imprisonment for one to five years and a fine of five hundred euros fifty thousand euros when it has been committed: 1 in respect of a minor; 140


2 by abusing the particularly vulnerable situation in which a person is because of its illegal or precarious administrative situation, its precarious social situation, a pregnancy, illness, infirmity or physical or mental disability, so that the person actually has no real and acceptable alternative but to submit to the abuse; 3 by use, directly or indirectly, fraud, violence, threats or any form of coercion.

CHAPTER IIIter. - The human trafficking <L 2005-08-10/61 Inserted by art. 9, In force: 12-09-2005>

Art. 433quinquies. <Inserted by L 2005-08-10/61, art. 10, In force: 12-09-2005> § 1. Constitutes the offense of human trafficking is the recruitment, transport, transfer, harbor, accommodate a person, place or transfer control over it, so: 1 to permit the commission of offenses against the person under sections 379, 380, § § 1 and 4, and 383bis, § 1; 2 to permit the commission against the person of an offense under section 433ter; 3 to work or to enable the work of this person in conditions contrary to human dignity; 4 to take on this person or allow the removal of this organ or tissue in violation of the law of 13 June 1986 on the removal and transplantation of organs; 5 ° or to commit to that person of a crime or offense against their will. Except in the case referred to 5, the consent of the person referred to in paragraph 1 to the intended exploitation is irrelevant or effective. § 2. An offense under § 1 shall be punished by imprisonment for one to five years and a fine of five hundred fifty thousand euros euros. § 3. Attempt to commit an offense under § 1 shall be punished by imprisonment of one to three years and a fine of one hundred to ten thousand euros euros.

Art. 433sexies. <Inserted by L 2005-08-10/61, art. 11, In force: 12-09-2005> The offense under section 433quinquies, § 1, shall be punished with imprisonment from five years to ten years and a fine of seven hundred and fifty to seventy-five thousand euros when the offense was committed: 1 ° a person who has authority over the victim, or a person who has abused the authority or facilities conferred by his functions;

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2 by an officer or a public official, a trustee or an agent of the public force acting on the occasion of the exercise of its functions.

Art. 433septies. <Inserted by L 2005-08-10/61, art. 12, In force: 12-09-2005> The offense under section 433quinquies, § 1, shall be punished with imprisonment from ten to fifteen years and a fine of one thousand to one hundred thousand euros euros in cases following: 1 ° where the offense was committed against a minor; 2 when committed by abusing the particularly vulnerable situation in which a person is, because of its illegal or precarious administrative situation, its precarious social situation, a pregnancy, illness, infirmity or physical or mental disability, so that the person actually has no real and acceptable alternative but to submit to the abuse; 3 when committed by use, directly or indirectly, fraud, violence, threats or any form of coercion; 4 when the victim's life was in danger deliberately or through gross negligence; 5 ° where the offense has caused an apparently incurable illness, a permanent physical or mental, the complete loss of an organ or the use of an organ, or a serious mutilation; 6 when the activity is a normal activity; 7 when it is an act of participation in the main or secondary activity of an association, and that the guilty whether or not the quality of leadership. Art. 433octies. <Inserted by L 2005-08-10/61, art. 13, In force: 12-09-2005> The offense under section 433quinquies, § 1, shall be punished by imprisonment of fifteen to twenty years and a fine of one thousand one hundred and fifty thousand euros in euros following cases: 1 when the offense has caused the victim's death without intention to kill; 2 when it is an act of participation in the main or secondary activity of a criminal organization, and that the guilty whether or not the quality of leadership.

Art. 433novies. <Inserted by L 2005-08-10/61, art. 14, In force: 12-09-2005> In the cases referred to in Articles 433sexies, 433septies 433octies and the culprits will also condemned the prohibition of the rights set forth in [1 Article 31, paragraph 1] 1. Without regard to the quality of natural or legal person of the operator, owner, lessee or manager, the court may order the temporary or permanent, partial or total enterprise in which the offense under section 433quinquies was committed.

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Special confiscation under Article 42, 1 째, is applied to the guilty of the offense referred to in Article 433quinquies, even when the property of the things she wears is not the condemned, without such confiscation could however prejudice the rights of third parties goods may be subject to confiscation. ---------(1) <L 2009-04-14/01, art. 19, 073; Effective: 15-04-2009>

CHAPTER IIIquater. - From the abuse of the vulnerability of others by selling, renting or making available property for a profit abnormal <Inserted by L 2005-08-10/61, art. 15, In force: 12-09-2005>

Art. 433decies. <Inserted by L 2005-08-10/61, art. 15, In force: 12-09-2005> be punished by imprisonment of six months to three years and a fine of five hundred euros to twenty-five thousand euros, whoever abused, either directly or through an intermediary of the particularly vulnerable position in which a person is because of its illegal or precarious administrative status or social situation precarious, selling, renting or making available, with the intention of making a profit abnormal personal property a part of it, a property, a room or other area referred to in Article 479 of the Penal Code in conditions incompatible with human dignity, so that the person has in fact no real and acceptable alternative but to submit to the abuse. The fine will be applied as many times as there are victims.

Art. 433undecies. <Inserted by L 2005-08-10/61, art. 17, In force: 12-09-2005> The offense referred to in Article 433decies be punished by one to five years imprisonment and a fine of one thousand to one hundred thousand euros euros in the following cases: 1 when the activity is a normal activity; 2 when it is an act of participation in the main or secondary activity of an association, and that the guilty whether or not the quality of leadership. The fine will be applied as many times as there are victims.

Art. 433duodecies. <Inserted by L 2005-08-10/61, art. 18, In force: 12-09-2005> The offense under section shall be punished by imprisonment 433decies five to ten years and a fine of one thousand euros hundred and fifty thousand euros if it is an act of participation the main or secondary activity of a criminal organization, and that the guilty whether or not the quality of leadership. The fine will be applied as many times as there are victims.

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Art. 433terdecies. <Inserted by L 2005-08-10/61, art. 19, In force: 12-09-2005> In the cases referred to in Articles 433undecies 433duodecies and the culprits will also condemned the prohibition of the rights specified in [1 Article 31, paragraph 1] 1. Special confiscation under Article 42, 1 째, is applied to the guilty of the offense referred to in Article 433decies, even when the property of the things she wears is not the condemned, without such confiscation could however prejudice the rights of third parties goods may be subject to confiscation. It must also be applied in the same circumstances, the property, to the part of the latter, well building, room or other area covered by this article. (It can also be applied against the value of such movable or immovable alienated between the commission of the offense and the final court decision.) <L 2006-02-09/33, art. 2, 055; Effective: 10-032006> ---------(1) <L 2009-04-14/01, art. 20, 073; Effective: 15-04-2009>

Art. 433quaterdecies. <Inserted by L 2005-08-10/61, art. 20, In force: 12-09-2005> Depending on the case, the public prosecutor or the investigating judge may seize the furniture, part of it, good building, room or other space referred to Article 433decies. Decides to perform the capture, movable property, part of it, good building, room or other space referred to in Article 433decies must be sealed, or with the written consent of the owner or lessor, be made available to the CPAS to be restored and rented temporarily. The decision of the prosecutor or the judge, as appropriate, to carry out the seizure is served on the owner or lessor. In case of seizure of immovable property, the decision must also be served no later than twenty-four hours and be presented for transcription of the mortgage office where the property is located. The day of the transcription taken into account is the meaning of the attachment order. Entry remains valid until the final judicial decision in which either the confiscation was made, or the lifting of the seizure is pronounced. A lifting of the seizure may be previously granted at any time, as appropriate, by the prosecutor or the judge after it has notified the prosecutor. Seizure the person may initiate proceedings under sections 28sexies 61quater and the Code of Criminal Procedure after a period of one year from the date of seizure.

Art. 433quinquiesdecies. <Inserted by L 2005-08-10/61, art. 21, In force: 12-09-2005> In cases referred to in Article 433decies, victims may be, if any, received or relocated on the decision, as appropriate, the competent minister or the competent authority officials appointed by them, and in consultation with the relevant departments in the area. Housing costs are borne by the defendant. When the defendant is acquitted, the costs are borne, as applicable, state or CPAS jurisdiction.

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CHAPTER IV. - ATTACKS ON FREEDOM AND INDIVIDUAL RESIDENTIAL INVIOLABILITY COMMITTED BY INDIVIDUALS.

Art. 434. Shall be punished by imprisonment of three months to two years and a fine of twenty-six [EUR] two hundred [euros], who, without order and constituted authorities except in cases where the law allows or directs the arrest or detention of individuals, have stopped or arrested, detained or detention of any person is.

Art. 435. The imprisonment is six months to three years and fine of fifty [EUR] three hundred [euros], if the illegal and arbitrary detention lasted more than ten days.

Art. 436. If the illegal and arbitrary detention lasted more than a month, the offender shall be sentenced to imprisonment for one to five years and a fine of one hundred [EUR] five hundred [EUR].

Art. 437. (See NOTE in TITLE) the penalty (imprisonment of five to ten years) will be imposed if the arrest was carried out either on a false order of the public authority, with the suit or in the name of an agent, or if the person arrested or detained has been threatened with death. <L 2003-01-23/42, art. 74, 041; Effective: 13-03-2003>

Art. 438. (Repealed) <L 2002-06-14/42, art. 7, 036; Effective: 24-08-2002>

Art. 438bis. <L 2007-05-10/35, art. 36, 064; Effective: 09-06-2007> In the cases provided for in this chapter, the minimum penalties imposed by these items can be doubled in the case of correctional penalties and increased by two years if This is the prison, when the mobile crime or offense is hatred, contempt or hostility toward a person because of his alleged race, skin color, its ancestry, national or ethnic origin, nationality, sex, sexual orientation, marital status, birth, his age, his fortune, his religious or philosophical belief, state of current or future health, disability, language, political conviction of his [1 his belief union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 112, 074; Effective: 31-12-2009>

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Art. 439. Shall be punished with imprisonment of fifteen days to two years and a fine of twenty-six [EUR] three hundred [euros], who, without authority and order except in cases where the law allows enter the individual home against their will, to be introduced in a house, an apartment, a house or dwelling inhabited by others, or their dependencies or using threats or violence against persons or through burglary, climbing or false keys.

Art. 440. The imprisonment is six months to five years and a fine of one hundred [EUR] five hundred [euros], if the offense was committed, or a false order of the public authority, with the suit or under the name of one of its agents, or with meeting the following three circumstances: If the act was performed overnight; He was executed by two or more persons; Whether guilty or one of them were carrying weapons. The culprits may, in addition, be sentenced to the prohibition, in accordance with Article 33 (...). <L 0904-1930, art. 32>

Art. 441. The attempt of the offense under the preceding article shall be punished by imprisonment of one month to one year and a fine of fifty [EUR] three hundred [EUR].

Art. 442. Shall be punished with imprisonment of fifteen days to two years and a fine of twenty-six [EUR] three hundred [euros], the one who will be introduced, without the consent of the owner or tenant, in designated areas Article 439, and it has been found the night.

CHAPTER IVa. - (Inserted by section <L 1998-10-30/34, 2, Effective: 27-12-1998>) HARASSMENT.

Art. 442bis. (Inserted by section <L 1998-10-30/34, 2, Effective: 27-12-1998>) Any person who harassed a person when he knew or should have known that seriously affect this behavior by the tranquility of the person, shall be punished with imprisonment of fifteen days to two years and a fine of fifty [EUR] three hundred [euro], or one of these penalties. The offense under this section shall be prosecuted on the complaint of the person claiming to be harassed.

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Art. 442ter. <L 2007-05-10/35, art. 37, 064; Effective: 09-06-2007> In the cases provided for in Article 442 bis, the minimum sentence corrections made by this section may be doubled when the offense is mobile hatred, contempt or hostility against a person because of his alleged race, color, ancestry, national origin or ethnic origin, nationality, sex, sexual orientation, its marital status, birth, his age, his fortune, his religious or philosophical belief, state of current or future health, disability, language, political conviction of his [1 his conviction union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 113, 074; Effective: 31-12-2009>

CHAPTER V. - VIOLATIONS DOORS TO HONOR OR THE CONSIDERATION OF PEOPLE.

Art. 443. Whoever, in the cases indicated below, viciously attributed to a person of a specified event which is likely to harm the honor of the person or expose to public scorn and legal proof that n ' is not provided, is guilty of slander when the law allows evidence of the fact charged, and when the defamation law does not permit such evidence. (When did will be charged during hostilities pact with the enemy, either by providing relief troops, men, money, food, weapons, ammunition or any materials or by providing him or facilitating by any means the entry, retention or stay in the territory, without being forced or required, the proof will always be admissible and may be made by any legal means. If such evidence is adduced to the requisite, imputation not give rise to any legal repression.) <L 11-101919, art. single>

Art. 444. The offender shall be punished with imprisonment from eight days to one year and a fine of twenty-six [EUR] two hundred [EUR] when charges have been made: Either in meetings or public places; Or in the presence of several individuals in a non-public, but open to a number of people with the right to assemble or to attend; Or in any place in the presence of the offended person and before witnesses; Or by writing printed or not, pictures or emblems displayed, distributed or sold, offered for sale or exposed to public view; Is finally written by non-public, but sent or communicated to many people.

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Art. 445. Shall be punished with imprisonment of fifteen days to six months and a fine of fifty [euros] a thousand [euros] Whoever has done by writing to the authority a false accusation; Whoever has written notice to a person of calumnious imputations against his subordinate.

Art. 446. Slander and defamation of any body corporate shall be punished in the same way as libel or slander directed against individuals.

Art. 447. The accused of an offense of slander led to charges, due to the facts of their duties, or against the trustees or agents against any person or authority with a public character, or against any body corporate shall be allowed to through all the usual channels, proof of the facts charged, unless evidence to the contrary by the same means. If it is a fact that goes into private life, the author of the imputation can be argued, in his defense, no other evidence than that resulting from a judgment or any other deed . If the act charged is subject to criminal prosecution or termination of which has not been determined, the libel action will be suspended until final judgment, or until the final decision of the competent authority. (In the case where the prosecution or disciplinary action related to the fact charged is off the record regarding this action is attached to the file of the action for slander and libel action is taken. In the case of a decision to nolle prosequi or dismissal as to the action on the act charged, slander action is taken without prejudice to suspension of the action if the investigation is to charged experiencing new judicial developments.) <L 2001-07-04/55, art. 2, 032; Effective: 20-08-2001>

Art. 448. Whoever a person is insulted by facts or by writing, images or emblems in any of the circumstances specified in Article 444, shall be punished with imprisonment from eight days to two months and a fine of twenty-six [EUR] five hundred [euro], or one of these penalties. (Same penalties Will anyone in any of the circumstances listed in Article 444 words will be insulted by, or in his capacity as a result of his duties, a person holding authority or the police, or of a public character.) <L 27-07-1934, art. 3>

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Art. 449. When there when the crime legal proof of the facts charged, it is established that the accused has been charged for no reason of public or private and for the sole purpose of causing harm, he will be punished, as guilty of malicious disclosure, imprisonment of eight days to two months and a fine of twenty-six [EUR] four hundred [euro], or one of these penalties.

Art. 450. Offenses under this chapter committed against individuals, with the exception of calumny, may not be prosecuted on the complaint of the person who offended pretend. If the person died without complaint and without having renounced, or slander or defamation was directed against a person after his death, the prosecution can take place only on the complaint of his spouse, descendants or heirs (legal) to the third degree inclusive. <L 31-03-1987, art. 98>

Art. 451. No person shall allege as a cause of justification or excuse, writings, printed matter, pictures or emblems that are the subject of the prosecution is that the reproduction of publications made in Belgium or other countries.

Art. 452. <L 10-10-1967, art. 141> Do not give rise to any criminal prosecution speeches or writings produced in court when those speeches or writings are those related to the case or the parties. The slanderous imputations, offensive or defamatory foreign to the cause or the parties may give rise to either the prosecution or the civil action of the parties or third parties.

SPECIAL PROVISION.

Art. 453. Shall be punished by imprisonment of one month to one year and a fine of twenty-six [EUR] two hundred [euros], whoever is guilty of a violation of tombs or burial.

Art. 453bis. <L 2007-05-10/35, art. 38, 064; Effective: 09-06-2007> In the cases provided for in this chapter, the minimum correctional penalties brought by these items can be doubled when the offense is mobile hatred, contempt or hostility toward a person because of his alleged race, color, ancestry, national origin or ethnic origin, nationality, sex, sexual orientation, state civilian, his birth, his age, his fortune, his religious or philosophical belief, state of current or future health, disability, language, political conviction of his [1 his conviction union ,] 1 a physical or genetic characteristic or social origin. ---------149


(1) <L 2009-12-30/01, art. 114, 074; Effective: 31-12-2009>

CHAPTER VI. - SOME OTHER OFFENCES AGAINST PERSONS.

Art. 454. One who has been involved or interfere, or edibles or beverages or substances or foodstuffs whatsoever, to be sold or debited, materials that are likely to cause death or seriously injure health, will punished by imprisonment of six months to five years and a fine of two hundred [EUR] two thousand [euros].

Art. 455. Shall be punished with the penalties in the previous article: Whoever sells, charge or expose for sale any edible, drinks, food or any substances, since they contain substances likely to cause death or seriously injure health; Whoever has sold, provided these materials, knowing they would be used to falsify substances or foodstuffs.

Art. 456. Shall be punished by imprisonment of three months to three years and a fine of one hundred [euros] a thousand [euros], who has in his shop, his shop or any other place, edibles, drinks, food or food substances intended to be sold or cut, knowing that they contain material likely to cause death or seriously affect health.

Art. 457. Edibles, drinks, food or food substances are mixed seized, confiscated and put out of use. (Paragraph 2 repealed) <L 29-10-1919, art. 90> It may, moreover, be condemned to prohibition, in accordance with Article 33. The court shall order the judgment to be displayed in places designated by him and inserted in whole or in part, in the newspapers that show, all at the expense of the condemned.

Art. 458. Physicians, surgeons, health officers, pharmacists, midwives and all other persons who, by state or profession, trade secrets entrusted to them, which, except in cases where they are called to give evidence in court (or before a parliamentary commission of inquiry) and when the law requires them to make these secrets, have proven to be punished with imprisonment from eight days to six months and a fine of one hundred [EUR] five hundred [euros]. <L 1996-06-30/34, art. 10, 017; Effective: 26-07-1996> 150


Art. 458bis. <Inserted by L 2000-11-28/35, art. 33, 029; Effective: 27-03-2001> Any person who, by state or profession, is the repository of secrets and thus has knowledge of an offense under sections 372 to 377, 392 to 394, 396 to 405ter, 409, 423, 425 and 426, which was committed against a minor may, without prejudice to its obligations under Article 422bis, inform the prosecutor, provided that it has examined the victim or collected confidences of the latter, there is a grave and imminent danger to the physical or mental integrity of the individual and it is not able itself or through third parties, protecting integrity.

Art. 459. Be punished the same employees or agents of the pawnshop, which will be revealed to other than police officers or judicial authority on behalf of persons who have filed or shall cause objects to establishment.

Art. 460. Whosoever shall be convicted of having suppressed a letter assigned (to a postal operator), or be open to violate the secret, shall be punished with imprisonment from eight days to one month and a fine of twenty-six [EUR] two hundred [euro], or one of these penalties, without prejudice to more severe penalties, if the offender is an officer or agent of the government or (a staff member of a postal operator or person acting on its behalf). <AR 1999-06-09/57, art. 27, 026; Effective: 18-08-1999>

Art. 460bis. <L 14-01-1928, art. 4> (Will same penalties, which will exploit removed a copy of which he was holding by virtue of Article 68a of the Code of Civil Procedure or to be open to violate the secrecy, the envelope containing the copy, unless, in the latter case, whether the father or mother of a minor child, or spouse, guardian, administrator, committee or judicial council of the person concerned .)

Art. 460ter. <L 1998-03-12/39 inserted by art. 44, In force: 1998-10-02> Any use by the defendant or the plaintiff information obtained through the file, which has had the aim and effect of impeding the progress of the investigation, to bring invasion of privacy, the physical or moral integrity or property of a person named in the record shall be punished with imprisonment from eight days to one year or a fine of twenty-six [EUR] five cents [euros].

TITLE IX. - CRIMES AND CRIMES AGAINST PROPERTY.

CHAPTER I. - FLIGHT and extortion. 151


Art. 461. Whoever fraudulently something that does not belong to him, is guilty of theft. (Is likened to flight subtracting fraudulent property of another for temporary use.) <L 25-06-1964, art. 1>

Art. 462. Not give rise to civil damages, thefts committed by spouses prejudice to their spouses by a widow or widower, about the things that had belonged to the deceased spouse, descendants by the prejudice of their parents, by ascending to the detriment of their descendants, or allied to the same degree. Any other person who has participated in these flights or conceal all or part of the stolen goods will be punished as if the above does not exist.

SECTION I. - WITHOUT VIOLENCE COMMITTED FLIGHT OR THREATS.

Art. 463. Flights not specified in this chapter shall be punished by imprisonment from one month to five years and a fine of twenty-six [EUR] five hundred [EUR]. (However, in the case provided for in Article 461, paragraph 2, the sentence will not exceed three years.) <L 25-06-1964, art. 2>

Art. 464. The imprisonment of three months at least, if the thief is a man or a domestic service wages, even when he has committed theft against people he did not serve, but who were either in the house the master is the one in which he accompanied, or if it is a workman, journeyman or apprentice in the house, shop or store his master, or a person who normally work in the home where he will stolen.

Art. 465. In the case of previous articles, the guilty will, moreover, be condemned to prohibition, in accordance with Article 33 (...). <L 09-04-1930, art. 32>

Art. 466. Attempts flights mentioned in the preceding articles shall be punished with imprisonment from eight days to three years and a fine of twenty-six [EUR] three hundred [EUR].

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Art. 467. (See NOTE in TITLE) The flight shall be punished (imprisonment of five to ten years): <L 200301-23/42, art. 75, 041; Effective: 13-03-2003> If committed with burglary, climbing or false keys; If committed by a public official using his office; Whether guilty or one of them took the title or insignia of a public officer, or alleged false order of the public authority.

SECTION II. - FLIGHT WITH CLERK OF VIOLENCE OR THREATS and extortion.

Art. 468. (See NOTE in TITLE) Whoever committed a robbery with violence or threat shall be punished (imprisonment of five to ten years). <L 2003-01-23/42, art. 75, 041; Effective: 13-03-2003>

Art. 469. Is equated with robbery with violence or threats if the thief caught in the act, exercised violence or made threats, or to maintain possession of the goods removed or to ensure his escape.

Art. 470. Shall be punished with the penalties laid down in Article 468, as if he had committed a robbery with violence or threats, who have extorted with violence or threats, or monies, assets, movable objects, obligations, tickets, promises, receipts, or the signature or delivery of any document containing or operating requirement, provision or discharge.

Art. 471. (See NOTE in TITLE) <L 2001-12-11/50, art. 3, 033 In force: 17-02-2002> In the cases provided for in Articles 468, 469 and 470 the penalty shall be imprisonment of ten to fifteen years: if the offense was committed burglary, climbing or false keys; if the offense was committed by a public official using his office; if guilty, or one of them, took the title or insignia of a public official or alleged a false order of the public authority; if the offense was committed at night; if the offense was committed by two or more persons;

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if the offender used a vehicle or any other motorized vehicle or not to facilitate the offense or for his flight.

Art. 472. (See NOTE in TITLE) <L 2001-12-11/50, art. 4, 033 In force: 17-02-2002> In the cases provided for in Articles 468, 469 and 470 the penalty shall be imprisonment of fifteen to twenty years: if the offense was committed with two circumstances mentioned in Article 471; if weapons or objects that resemble were used or displayed, or if the person is made to believe he was armed; if the offender has used or toxic substances inhibitives to commit the offense or to ensure his escape; if, to facilitate the offense or for his flight, the culprit used a vehicle or any other motorized vehicle or not, obtained with a felony or a misdemeanor; if, to facilitate the offense or for his flight, the culprit used a motor vehicle or any other motorized vehicle equipped with insignia or other devices which create confusion with a motor vehicle or other motorized vehicle belonging to forces order.

Art. 473. (See NOTE in TITLE) <L 02-07-1975, art. 4> In the cases provided for in Articles 468, 469, 470 and 471, the penalty shall be (of the prison) for fifteen to twenty years, if violence or threats have caused an apparently incurable illness or incapacity permanent physical or mental, is the complete loss of use of an organ, or a serious mutilation. <L 2002-06-14/42, art. 8, 036; Effective: 24-08-2002> The same penalty will be applied if the perpetrators persons subject to (acts referred to in Article 417 ter, first paragraph) <L 2002-06-14/42, art. 8, 036; Effective: 24-08-2002> In the cases provided for in Article 472, the penalty will be (to imprisonment for twenty years to thirty years). <L 2002-06-14/42, art. 8, 036; Effective: 24-08-2002>

Art. 474. (See NOTE in TITLE) If violence or threats made without intent to kill yet have caused, the offenders shall be sentenced (to hard labor for life). <L 2003-01-23/42, art. 76, 041; Effective: 13-032003> (Paragraph 2 repealed) <L 02-07-1975, art. 6>

Art. 475. Murder committed to facilitate the theft or extortion, or to ensure impunity, be punished (of imprisonment). <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996> 154


Art. 476. The penalties provided for in Articles 473 and 474 shall be applied, even when the consumption of theft or extortion have been prevented by circumstances beyond the control of the culprits.

SECTION IIa. - (FLIGHT IN NUCLEAR MATERIALS and extortion). <L 17-04-1986, art. 2>

Art. 477. (See NOTE in TITLE) <L 17-04-1986, art. 2> The theft of nuclear materials is punished (imprisonment of five to ten years). <L 2003-01-23/42, art. 77, 041; Effective: 13-03-2003>

Art. 477bis. (See NOTE in TITLE) <L 17-04-1986, art. 2> The theft of nuclear materials is punished (the prison) ten to fifteen years: <L 2003-01-23/42, art. 78, 041; Effective: 13-03-2003> 1 if it was committed with the use of violence or threats; 2 째 if committed burglary, climbing or false keys; 3 째 if committed by a public official using his office; 4 째 if the guilty or one of them, took the title or insignia of a public official or alleged a false order of the public authority.

Art. 477ter. (See NOTE in TITLE) <L 17-04-1986, art. 2> nuclear extortion using threats of violence or be punished (imprisonment of) ten to fifteen years. <L 2003-01-23/42, art. 78, 041; Effective: 13-03-2003>

Art. 477quater. <L 17-04-1986, art. 2> Is likened to theft or extortion of nuclear committed with violence or threats, where the thief or extortionist, in flagrante delicto, exercised violence or made threats or to maintain possession of nuclear materials removed or to ensure his escape. Art. 477quinquies. (See NOTE in TITLE) <L 17-04-1986, art. 2> The theft or extortion of nuclear materials using violence or threats, as well as the fact referred to in Article 477quater are punished (of imprisonment) fifteen to twenty years: <L 2003-01 -23/42, art. 78, 041; Effective: 13-03-2003> 1 if they were committed burglary, climbing or false keys; 2 if they were committed by a public official using his office;

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3 ° if guilty, or one of them, took the title or insignia of a public official or alleged a false order of the public authority; 4 ° they were committed at night; 5 ° if they were committed by two or more persons; 6 if the offender used a vehicle or any other motorized vehicle or not to facilitate extortion or for his escape.

Art. 477sexies. (See NOTE in TITLE) <L 17-04-1986, art. 2> § 1. Theft or extortion of nuclear materials using violence or threats, as well as the fact referred to in Article 477quater are punished (by imprisonment of twenty to thirty years) <L 2003-01 - 23/42, art. 79, 041; Effective: 13-03-2003> 1 if they were committed with two circumstances mentioned in Article 477quinquies; 2 ° if weapons or objects that resemble or shown were used or if the offender was led to believe he was armed; 3 ° if the offender has used or toxic substances inhibitives to commit the act or to ensure his escape; 4 ° if the offender used a stolen vehicle or any other motorized vehicle or not, that has been stolen is to facilitate or to ensure his escape; 5 ° if the fact to facilitate or to ensure his escape, the offender used a motor vehicle or any other motorized vehicle equipped with badges or devices that may create confusion with a motor vehicle or other motorized vehicle belonging to forces. § 2. The same facts are punished in the same sentence: 1 if violence or threats have caused an apparently incurable illness, a permanent physical or mental incapacity, or the complete loss of use of an organ, or a serious mutilation; 2 ° if the criminals (practiced on those acts referred to in Article 417 ter, first paragraph ;) <L 2002-0614/42, art. 9, 036; Effective: 24-08-2002> 3 ° if violence or threats exerted no intention to kill, yet they caused. § 3. The penalty imposed by § 2 is applied even when the consumption of theft or extortion was prevented by circumstances beyond the control of the culprits.

SECTION III. - (THE MEANING OF CERTAIN TERMS USED IN THIS CODE). <L 02-07-1975, art. 5>

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Art. 478. Theft committed during the night the robbery more than an hour before sunrise and one hour after sunset.

Art. 479. Is deemed inhabited house, building, any apartment, all housing, all housing, all hut, even mobile, or other place used for habitation.

Art. 480. Are deemed dependencies of an inhabited house, yards, backyards, gardens and other land ended and the barns, stables and other buildings are locked, regardless of use, even if they form a particular pen in the pen general.

Art. 481. Mobile parks for holding cattle in the countryside, howsoever made shall be deemed dependencies inhabited house when they are established on the same piece of land, with mobile huts, or other shelters for guards.

Art. 482. Are included in the word weapons, objects referred to in Article 135 of this Code.

Art. 483. Violence by law refers to acts of physical force exerted on people. Threats by the law means all moral restraints by the fear of imminent harm.

Art. 484. The break is to force, break, deface, destroy or remove any kind of inner or outer fence of a house, building, construction or any of its dependencies, a boat, a car, a car; forcing cabinets or furniture closed, intended to remain in place and protect the effects they contain.

Art. 485. Are assimilated to burglary: The removal of furniture which is mentioned in the previous article; Theft committed with a broken seal.

Art. 486. Qualified climbing:

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Any entry in houses, buildings, yards, backyards, any buildings, gardens, parks, yards, enforced over the walls, doors, roofing or any other kind of fence; The entrance through an opening other than the ground that has been established to be used as input.

Art. 487. Are called false keys: All hooks, nightingales, mat, key imitated, counterfeited or altered; Keys that were not intended by the owner, tenant, landlord or landlord, locks, padlocks or any closures which will be used on the guilty; Keys lost, misplaced or subtracted who have served the robbery. However, the use of false keys not constitute an aggravating circumstance if held open for objects whose break had led to increased pain.

Art. 487bis. <L 17-04-1986, art. 3> is meant by nuclear materials: plutonium, except plutonium isotopic concentration of plutonium - 238 exceeding 80% uranium - 233, uranium enriched in the isotopes 235 or 233, uranium containing the mixture of isotopes occurring in nature other than in the form of ore or ore residue; any material containing one or more elements or isotopes above.

SPECIAL PROVISION.

Art. 488. Whoever fraudulently altered or counterfeit keys shall be sentenced to imprisonment from three months to two years and a fine of twenty-six [EUR] two hundred [EUR]. If the offender is a locksmith by profession, he shall be punished by imprisonment of two to five years and a fine of two hundred [euros] a thousand [euros].

CHAPTER Ibis. - (THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL). <L 17-04-1986, art. 4>

Art. 488bis. (See NOTE in TITLE) <L 17-04-1986, art. 4> ยง 1. Who, intentionally and without authority by the competent authority or outside the conditions laid down in the authorization, is back, acquires, possesses, uses, alters, transfers, abandons, transports or disperses nuclear material is punished the (imprisonment of five to ten years). <L 2003-01-23/42, art. 80, 041; Effective: 13-03-2003> 158


§ 2. The sentence is (confinement) of ten to fifteen years if the offense resulted for others: <L 2003-0123/42, art. 80, 041; Effective: 13-03-2003> 1 is an apparently incurable illness, permanent incapacity for work, loss of use of an organ or serious mutilation; 2 ° The destruction in whole or in part of buildings, bridges, dams, roads, railways, locks, shops, yards, warehouses, vessels, aircraft or other structures or buildings belonging to others. § 3. If the offense was committed without intent to kill was however caused, the offender is punished (the prison) fifteen to twenty years. <L 2003-01-23/42, art. 80, 041; Effective: 13-03-2003>

CHAPTER II. - FRAUDS.

SECTION I. - (OFFENCES RELATING TO THE STATUS OF BANKRUPTCY.) <L 1997-08-08/80, art. 117 In force: 01-01-1998>

Art. 489. (See NOTE in TITLE) <L 1997-08-08/80, art. 118, 019; Effective: 01-01-1998> shall be punished by imprisonment of one month to one year and a fine of one hundred [euros] a hundred thousand [euros] or one of these penalties , traders bankrupt within the meaning of Article 2 of the bankruptcy or leaders of law or fact, corporations bankrupt, which will: 1 contracted to third parties, without adequate consideration, commitments too large with respect to the financial condition of the company; 2 ° without cause, failed to perform the obligations under Article 53 of the Law on Bankruptcy.

Art. 489bis. <L 1997-08-08/80 inserted by art. 119, 019, ED: 01-01-1998> shall be punished by imprisonment of one month to two years and a fine of one hundred [EUR] five hundred thousand [euros] or one of these penalties the persons referred to in Article 489, which will: 1 with the intention of delaying the declaration of bankruptcy, making purchases for resale under the course or that will be delivered to loans, circulation and other effects ruinous means to obtain funds; 2 alleged expenses or losses or could not prove the existence or use of all or part of the asset, as it appears from the documents and books on the date of cessation of payments and all property of any kind obtained subsequently;

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3 with the intention of delaying the declaration of bankruptcy, paid or contributed to a creditor to the detriment of the masses; 4 with the same intention, failed to make an avowal of bankruptcy within the period prescribed by Article 9 of the Bankruptcy Act; knowingly failed to provide the opportunity for the admission of bankruptcy, information required by section 10 of the Act, knowingly provided false information in connection with the admission of bankruptcy or later to requests made by the judge or commissioner curators.

Art. 489ter. <L 1997-08-08/80 inserted by art. 120, 019; Effective: 01-01-1998> shall be punished by imprisonment of one month to five years and a fine of one hundred [EUR] five hundred thousand [euros], the persons referred to Article 489 which, with fraudulent intent or purpose of injuring, will: 1 part misappropriated or concealed assets; 2 subtracted, in whole or in part, books or records referred to in Chapter I of the Act of 17 July 1975 relating to the accounting and annual accounts of undertakings; attempting these offenses is punishable by imprisonment for one month to three years and a fine of one hundred [EUR] five hundred thousand [euros]. The perpetrators of these crimes or the attempt may, in addition, be sentenced to the prohibition, in accordance with Article 33.

Art. 489quater. <L 1997-08-08/80 inserted by art. 121, 019; Effective: 01-01-1998> Public action relating to offenses referred to in Articles 489, 489bis and 489ter continued regardless of any action that may be brought before the Commercial Court. The bankrupt may nevertheless not be challenged before the criminal judge, if this state is subject to a decision of the Commercial Court or the Court of Appeal, has the force of res judicata, the term a procedure in which the defendant was a party, either personally or as a representative of the bankrupt company.

Art. 489quinquies. <L 1997-08-08/80 inserted by art. 122, 019; Effective: 01-01-1998> shall be punished by imprisonment of one month to two years and a fine of one hundred [EUR] five hundred thousand [euros] or both Only those who fraudulently will: 1 째 in the interest of the trader or trading company declared bankrupt even in the absence of intervention by the trader or officers of law or fact, of this company, subtracts, hidden or concealed all or part of the asset; 2 presented in bankruptcy and said, either by name or through intermediaries, debt assumed or exaggerated. 160


Art. 489sexies. <L 1997-08-08/80 inserted by art. 123, 019; Effective: 01-01-1998> Is punished by imprisonment from one month to five years and a fine of one hundred [EUR] five hundred thousand [euros], the trustee who is guilty of embezzlement in its management. It is also sentenced to restitution and damages owed to creditors. The culprit may, in addition, be sentenced to the prohibition under Article 33.

Art. 490. <L 1997-08-08/80, art. 124, 019; Effective: 01-01-1998> courts imposing a sentence to a term of imprisonment under Articles 489, 489bis and 489ter, ordain that their decisions are published by extract, at the expense of the convicted the Moniteur belge. This extract contains: 1 the full name, date and place of birth, address and number [1 company] one of sentenced and possibly the name or the name and headquarters of corporations declared bankruptcy in which they are leaders of law or fact; 2 째 the date of judgment or the judgment of conviction and the court which pronounced; 3 째 offenses that led to convictions and sentences, when, because of the unity of purpose, a single sentence was pronounced leader of one of the above offenses and other offenses, all offenses repressed by this single sentence will be mentioned. ---------(1) <L 2009-12-30/14, art. 2, 077; Effective: 25-01-2010>

Art. 490bis. <L 1997-08-08/50, art. 141, 019; Effective: 01-01-1998> Is punished with imprisonment of one month to two years and a fine of one hundred [EUR] five hundred thousand [euros], or one of these penalties, which organized fraudulent insolvency and has not performed the obligations which it is held. The organization of insolvency by the debtor may be deducted from any circumstances likely to reveal His will to go insolvent. With regard to the third or accomplices of the crime, the prosecution is extinguished if the return goods that had been delivered.

SECTION II. - OF BREACH OF TRUST.

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Art. 491. Whoever fraudulently or diverted or dissipated to the detriment of others, effects money, goods, tickets, receipts, writings of any nature containing or operating obligation or discharge which had been given to the condition or to make to use or employment, shall be punished by imprisonment from one month to five years and a fine of twenty-six [EUR] five hundred [EUR]. The culprit may, in addition, be sentenced to the prohibition under Article 33.

Art. 492. The provision of section 462 shall be applicable to the offense under the preceding article.

Art. 492bis. <L 1997-08-08/80 inserted by art. 142 In force: 01-01-1998> shall be punished by imprisonment of one month to five years and a fine of one hundred [euro] (five hundred thousand [euros]), leaders of law or made commercial companies and civil associations and non-profit, with intent to defraud and for personal use, directly or indirectly, made assets or credit of the corporation knew they use significantly detrimental to this heritage and those of its creditors or partners. <Erratum, see M.B. 07.02.2001, p. 3294> Perpetrators can, moreover, be condemned to prohibition, in accordance with Article 33.

Art. 493. (Will be punished by imprisonment of three months to five years and a fine of twenty-six [EUR] five hundred [euros], who have deceived needs, weaknesses, (passions or ignorance ) of a minor to sign him, to his prejudice, bonds, receipts, discharges, commercial or any other binding effects in any form that trading has been made or disguised.) <AR148 18-03-1935 art. 1> The culprit may be, moreover, condemned to prohibition, in accordance with Article 33.

Art. 494. <AR148 18-03-1935, art. 2> Is punished with imprisonment of one month to one year and a fine of one thousand [euros] ten thousand [euros] or one of these penalties, the one who usually abusing weaknesses or passions the borrower is in respect of a loan of money, contracted in any form whatsoever promise for himself or for others, interest or other benefits in excess of the legal interest. Is the same penalties, the one who usually needs abusing or ignorance of the borrower, is due to a loan of money, contracted in any form whatsoever promise for himself or for others, interest or other benefits clearly exceed the normal interest and hedging loan. In cases under this section, the judge, at the request of any party aggrieved, reduces its obligations under Article 1907ter the Civil Code.

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Art. 495. Whoever, having produced in a court challenge, as some, part or memory, has diverted maliciously or fraudulently in any manner whatsoever, shall be punished by a fine of twenty-six [EUR] three hundred [euros]. This sentence will be pronounced by the court in protest.

Art. 495bis. <L 10-10-1967, art. 144> shall be punished with imprisonment from eight days to two years and a fine of twenty-six [euros] a thousand [euros] or one of these penalties who, being the holder of a document production court was ordered by a judgment, will fraudulently destroyed, altered or concealed this document.

SECTION III. - THE FRAUD AND DECEIT.

Art. 496. Whoever, for the purpose of appropriating something belonging to others will be done to deliver or deliver funds, furniture, bonds, receipts, discharges, or by using false names or false qualities, either by using fraudulent to persuade the existence of fake companies, power or imaginary credit, give rise to hope or fear of success, accident or any other event chimeric or otherwise abuse confidence or credulity, shall be punished by imprisonment from one month to five years and a fine of twenty-six [EUR] three thousand [euros]. (The attempt of the offense provided for in paragraph 1 shall be punished with imprisonment from eight days to three years and a fine of twenty-six [EUR] two thousand [euros].) <L 1993-06-16 / 35, art. 1, 1, 009 In force: 03-08-1993> (In the case provided for in the preceding paragraphs, the culprit may, in addition, be sentenced to the prohibition under Article 33.) <L 1993-06-16/35, art. 1, 2, 009 In force: 03-08-1993>

Art. 497. Shall be punished by imprisonment from eight days to three years and a fine of fifty [EUR] five hundred [EUR] (Those who, with intent to defraud, or attempting to give a legal tender in Belgium or abroad, the appearance of a coin of higher value; Those who have made or attempted to issue currency in which it gave the appearance of a higher value coins or, to put them in circulation, have brought into the country or tried to introduce them. ) <L 12-071932, art. 1, 12 째> Those who have made or attempted to make coins for pieces of metal bearing no monetary footprint.

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Art. 497bis. <L 12-07-1932, art. 1, 13 째> shall be punished with imprisonment from eight days to six months and a fine of twenty-six [EUR] five hundred [euros], who, in order to put them into circulation, have received be provided or currencies which have been given the appearance of a higher value coins. The attempt shall be punished by imprisonment from eight days to three months and a fine of twentysix [euros] a thousand [euros].

Art. 498. Shall be punished by imprisonment of one month to one year and a fine of fifty [euros] a thousand [euros] or one of these penalties, who will deceive the buyer: The identity of the thing sold, fraudulently delivering something other than the specific purpose to which increased the transaction; On the nature or origin of the goods sold, selling or delivering something similar in appearance to the one he bought and he believed buy.

Art. 499. <L 17-06-1896, art. single> Will sentenced to an imprisonment of eight days to one year and a fine of twenty-six [euros] a thousand [euros] or one of these penalties, who, by fraud, have deceived: 1 째 The buyer or seller on the quantity of things sold; 2 The parties to a contract of hire or one of them, or the quantity or quality of work provided when, in the latter case, the determination of the quality of work be used to determine the amount of salary.

Art. 500. Shall be punished by imprisonment from eight days to one year and a fine of fifty [euros] a thousand [euros], or one of these penalties: Those who have been falsified or falsify (food) intended to be sold or charged; Those who have sold, delivered or exposed for sale these items, knowing that they were falsified <L 2401-1977, art. 24, 1 째> Those who poster or notice, printed or not, maliciously or fraudulently will spread or processes revealed falsification of these objects.

Art. 501. Shall be punished with imprisonment from eight days to six months and a fine of twenty-six [EUR] five hundred [euro], or one of these penalties, which will be found in one of the (food) intended to be sold or charged, and who knows they are fake. <L 24-01-1977, art. 24, 2> 164


Art. 501bis. <L 20-06-1964, art. 15> shall be punished with imprisonment from eight days to three months and fined twenty-six to three hundred [euros] or one of these penalties only one who, without fraudulent intent required by the Article 500, has sold, delivered, or exposed for sale in (food) falsified. <L 24-01-1977, art. 24, 3> Art. 502. In the cases provided (by Articles 500 and 501), the court may order that the judgment be displayed in places designated by him and inserted, in whole or extracted, in the newspapers that show, all at the expense the condemned. <L 24-01-1977, art. 24, 4> (Paragraph 2 repealed) <L 29-10-1919, art. 90> Art. 503. <L 24-01-1977, art. 25> fake food found in the possession of the offender shall be seized and confiscated. However, when the falsification will render the food unfit for and because of their nature or state, they are not likely to conservation, they will be destroyed or denatured after sampling by agent verbalizing, assisted by an officer under section 11 of the Law on the protection of the health of consumers regarding food and other products, which jointly sign the minutes of seizure and destruction or denaturing of these foodstuffs. Forfeiture shall be imposed in any event. Food which, notwithstanding the forgery, still fit for human consumption may be given to a welfare institution dependent on a subordinate administration, immediately after sampling in the case of goods not subject to conservation, or if they are likely to conservation after court decision declaring the forfeiture.

Art. 504. The provision of Article 462 shall apply to the offenses covered by Articles 496, 498 and 499.

SECTION IIIa. - <L 1999-02-10/39 Inserted by art. 5, In force: 02-04-1999> From private corruption. Art. 504bis. <Inserted by L 1999-02-10/39, art. 5, In force: 02-04-1999> ยง 1. Constitutes the passive private corruption for a person who is a director or manager of a corporation, agent or employee of a person or entity, solicit or accept, directly or interposition of people, offer, promise or advantage of any kind for himself or for a third party to do or refrain from doing an act of his office or facilitated by his function, without the knowledge and authorization, as appropriate, the Board of Directors or the General Assembly, the principal or employer. ยง 2. Corruption shall consist of the active private giving or offering, directly or through intermediaries, to a person who is a director or manager of a corporation, agent or employee of a person or entity, an offer, promise or advantage of any kind for himself or for a third party to do or refrain from doing an act of his office or facilitated by his function, without the knowledge and permission, as appropriate, the Board of Directors or the General Assembly, the principal or employer. 165


Art. 504ter. <Inserted by L 1999-02-10/39, art. 5, ED: 02-04-1999> § 1. In case of private sector corruption, the punishment shall be imprisonment from six months to two years and a fine of 100 [euro] 10 000 [euros] or both. § 2. In cases where the request referred to in Article 504bis, § 1, is followed by a proposal referred to in Article 504bis, § 2, as well, in case the proposal referred to in Article 504bis, § 2 is accepted, the penalty shall be imprisonment from six months to three years and a fine of 100 [euro] 50 000 [euros] or both.

SECTION IIIa. - Computer-related fraud. <L 2000-11-28/34 inserted by art. 5, In force: 13-02-2001> Art. 504quater. <L 2000-11-28/34 inserted by art. 5, In force: 13-02-2001> § 1. (He who seeks to obtain, for himself or for another, with intent to defraud, an unauthorized economic benefit) introducing into a computer system, by changing or deleting data that is stored, processed or transmitted by a computer system or altering by any technological means (normal use) data in a computer system, shall be punished by imprisonment of six months to five years and a fine of twenty-six [euros] a hundred thousand [euros ] or one of these penalties. <L 2006-05-15/46, art. 4, 059; Effective: 22-09-2006> § 2. Attempt to commit an offense under § 1 and shall be punished by imprisonment of six months to three years and a fine of twenty-six [EUR] fifty thousand [euros] or one of these penalties . § 3. The penalties provided for in § § 1 and 2 are doubled if a breach of any of these provisions is committed within five years after the imposition of a conviction for any such offense or an offense referred to in Articles 210bis , 259b, 314bis or under IXbis.

SECTION IV. - (From recèlement and other transactions relating to goods resulting from an offense.) <L 1990-07-17/30, art. 4, 004; Effective: 25-08-1990> Art. 505. <L 1995-04-07/57, art. 7, 004; Effective: 20-05-1995> shall be punished by imprisonment for a term of fifteen days to five years and a fine of twenty-six [euros] a hundred thousand [euros] or both only: 1 those who concealed, in whole or in part, things removed, misappropriated or obtained with a crime or misdemeanor; 2 (those who have bought or received in exchange for free, possessed, kept or handled things referred to in Article 42, 3 °, while they knew or had to know the origin of these things at the beginning of these operations ;) <L 2007-05-10/63, art. 2, 071; Effective: 01-09-2007> 3 ° those who have converted or transferred things referred to in Article 42, 3 °, with the aim of concealing or disguising the illicit origin or of assisting any person who is involved in the commission of the offense which these things come to evade the legal consequences of his actions;

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4 ° (those who have concealed or disguised the nature, origin, location, disposition, movement or ownership of the things referred to in Article 42, 3 °, while they knew or should have known the origin of these things at the beginning of these operations.) <L 2007-05-10/63, art. 2, 071; Effective: 01-09-2007> (The offenses referred to in paragraph 1, 3 ° and 4 °, exist even if the author is also the author, coauthor or accomplice to the offense from which the items referred to in Article 42, 3 °. Offenses referred to in paragraph 1, 1 ° and 2 °. exists even if the author is also the author, co-author or accomplice to the offense from which the items referred to in Article 42, 3 °, where the offense was committed abroad and can not be prosecuted in Belgium.) <L 2007-05-10/63, art. 2, 071; Effective: 01-09-2007> (Except with respect to the author, co-author or accomplice to the offense from which the items referred to in Article 42, 3 °, the offenses referred to in paragraph 1, 2 and 4 , relate exclusively in tax matters, acts committed in the context of serious and organized tax fraud which implements complex mechanisms or procedures with an international dimension. Organizations and persons referred to in Articles 2, 2a and 2b of the Act of 11 January 1993 on prevention of the use of the financial system for money laundering and financing of terrorism, may, under paragraph previous to the extent, in respect of the facts involved, they have complied with the obligation under Article 14quinquies of the law of 11 January 1993 which regulates the terms of the communication of information to the cell processing financial information.) <L 2007-05-10/63, art. 2, 071; Effective: 01-09-2007> Things referred (in paragraph 1, 1) of this Article shall be (of the offense covered by this provision) as defined in Article 42, 1 ° and will be confiscated, even if the property do not belong to the condemned, without (the sentence) can, however, prejudice the rights of third parties goods may be subject to confiscation. <L 2007-05-10/63, art. 2, 071; Effective: 01-09-2007> (The things referred to in paragraph 1, 3 ° and 4 °, are subject to the offenses covered by these provisions, within the meaning of Article 42, 1 ° and will be confiscated, the head of each author or coauthors complicit in these crimes, even if the property does not belong to the condemned, without this punishment can however prejudice the rights of third parties goods may be subject to confiscation. If these things can be found in the offender's assets, the court will review their monetary and confiscate an amount of money which will be equivalent. In this case, the judge may, however, reduce this amount to not submit sentenced to unreasonably heavy. Things referred to in paragraph 1, 2 ° of this article is the subject of the offense covered by this provision, within the meaning of Article 42, 1 ° and will be confiscated, the head of each author , conspirators or accomplices of these crimes, even if the property does not belong to the condemned, without this punishment can however prejudice the rights of third parties goods may be subject to confiscation. If his stuff can be found in the Heritage condemns the court will review their monetary and confiscate an amount of money that will be proportional to the participation of the convicted offense.) <L 2007-05 - 10/63, art. 2, 071; Effective: 01-09-2007>

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Attempted offenses referred to in paragraphs 2, 3 and 4 of this Article shall be punished by imprisonment from eight days to three years and a fine of twenty-six [EUR] fifty thousand [euros] or one of these penalties. Persons punished under these provisions may, in addition, be sentenced to the prohibition, in accordance with Article 33. Art. 505bis. <L 2005-08-10/62 inserted by art. 7, ED: 02-09-2005> Those who have concealed, in whole or in part, things removed, misappropriated or obtained through the offense or crime referred to in Article 433, shall be punished with penalties Article 505, paragraph 1, the minimum penalty is paid in case of imprisonment for three months and fined if a thousand euros. <L 2003-01-23/42, art. <L 200508-10/62, art. Art. 506. <L 2003-01-23/42, art. 81, 041; Effective: 13-03-2003> In the case where the sentence the perpetrators will be that of life imprisonment or imprisonment for twenty to thirty years (the receivers referred to in Articles 505 and 505bis) be sentenced to imprisonment for five to ten years, if they are convinced that they had, at the time of fencing, knowledge of the circumstances in which the law attaches either life imprisonment or imprisonment for twenty to thirty years. <LW 2005-08-10/62, art. 8, 054; Effective: 02-09-2005>

SECTION V. - SOME OTHER FRAUD.

Art. 507. Shall be punished by imprisonment from eight days to two years and a fine of twenty-six [EUR] five hundred [euros], the debtor and all those who have fraudulently destroyed or misappropriated in its interest, seized him. (The same rule applies to spouses or those in his interest destroy, degrade or away furniture that have been of a measure (Article 223 of the Civil Code) (1253septies and Articles second paragraph, and 1280 of the Judicial Code.)) <L 1990-04-09/35, art. 1, 003; Effective: 19-06-1990>

Art. 507bis. <L 1998-03-12/39 inserted by art. 45, In force: 1998-10-02> Shall be punished with imprisonment from eight days to two years and a fine of twenty-six [EUR] five hundred [euros], which does not meet the conditions set upon the exercise of an act of information or education, in accordance with Articles 28sexies and 61quater Code of Criminal Procedure.

Art. 508. Shall be punished by imprisonment from eight days to two years and a fine of twenty-six [EUR] five hundred [EUR]

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Those who, having found a chattel belonging to others or having obtained possession by chance, have the CelĂŠe fraudulently or delivered to third parties; Those who, having discovered a treasure, will be appropriate to the prejudice of persons to whom the law gives a party.

Art. 508bis. <L 23-03-1936, art. single> Shall be punished with imprisonment from eight days to three months and a fine of two hundred to fifteen hundred [euro], or one of these penalties, who, knowing that he is unable absolute liabilities, will actually serve in an institution for this, beverages or foods that will be consumed in whole or in part, will be made to provide accommodation in a hotel or hostel travelers, or will rented a car hire. In case of recidivism, the penalty will be doubled. (Paragraph 3 repealed) <L 17-12-1963, art. 2>

Art. 508ter. <L 17-12-1963, art. 1> Shall be punished with imprisonment from eight days to three months and a fine of two hundred to 1500 [euro], or one of these penalties, who, after supplying a vehicle fuel or lubricant to be fraudulently immediate payment. In case of recidivism, the penalty will be doubled.

Art. 509. Shall be punished by imprisonment from one month to two years and a fine of twenty-six [EUR] three thousand [euros], the one who will fraudulently obtained funds, securities or discharges through an effect drawn on a person who does not exist or he could not be his debtor or do not have the maturity to be, and had not allowed to shoot it. However, the prosecution can not take place, or will cease, if the effect has been paid, or if the funds were made at the time the fraud was discovered, unless the drawee has complained. In this case, the offender shall be sentenced to imprisonment for a term of fifteen days to three months and a fine of twenty-six [EUR] three hundred [euro], or one of these penalties.

Art. 509bis. <L 02-05-1956, art. 28> Is punished by imprisonment from one month to two years and a fine of 26 to 3000 [EUR] 1 person who knowingly transmits without sufficient and available, a postal check or postal order; 2 Whoever gives one of these titles, given that the provision is not sufficient and available; 169


3 째 one who, having issued such securities, knowingly removes, within six months of their issue, all or part of their provision; 4 째 one who, having issued one of these titles, reports, with intent to defraud or harm pattern, all or part of the provision unavailable.

Art. 509ter. <L 31-03-1958, art. 3> Is punished by imprisonment from one month to two years and a fine of twenty-six [EUR] three thousand [euros], or one of these penalties: 1 Whoever, having endorsed a bill in its operating profit knowingly cashing; 2 째 one who, having endorsed the original or a copy of an invoice is knowingly put funds or assign any benefit, thanks to the endorsement of another copy or duplicate of the same bill; 3 Whoever is providing funds or is assigned any advantage knowingly endorsing an invoice for a legally extinguished.

Art. 509quater. <L 2007-05-15/62, art. 33, 072; Effective: 01-09-2007> Shall be punished with imprisonment from eight days to three months and a fine of two hundred to fifteen hundred euros euros, or one of these penalties, the expert who, knowing that a direct payment is not authorized, accepts still a party to the case.

CHAPTER III. - DESTRUCTION, DAMAGE, DAMAGE.

SECTION I. - THE FIRE.

Art. 510. (See NOTE in TITLE) <L 07-06-1963, art. 3> Will be punished (by life) for fifteen to twenty years those who set fire to buildings, bridges, dams, roads, railways, locks, shops, yards, warehouses, vessels, carriages, wagons , aircraft or other structures, buildings or motor vehicles, if the author had assumed he was there one or more persons at the time of the fire. <L 2003-01-23/42, art. 82, 041; Effective: 1303-2003>

Art. 511. <L 07-06-1963, art. 4> Will be punished (imprisonment of) ten to fifteen years, those who set fire to the real property referred to in article 510, as well as ships and aircraft, but except as provided by

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this Article or forests, woods, thickets or standing crops. <L 2003-01-23/42, art. 82, 041; Effective: 13-032003> However, if these properties belong exclusively to those who have burned, and the fire was set in a malicious or fraudulent intent, the guilty will be punished by imprisonment for one to five years and a fine of two cents [euros] a thousand [euros].

Art. 512. <L 07-06-1963, art. 5> shall be punished by imprisonment for one to five years and a fine of one hundred [euros] a thousand [euros], those who have deliberately set fire to the movable property of another, other than ships, boats and aircraft, and provided that the act was likely to cause serious harm to others. If movable property belong exclusively to those who have burned and the fire was set in a malicious or fraudulent intent, the penalty will be imprisonment from six months to three years and a fine of twentysix [EUR] two hundred [euros].

Art. 513. (See NOTE in TITLE) <L 2003-01-23/42, art. 83, 041; Effective: 13-03-2003> When the fire has been put for the night, the penalties provided for in Articles 510 to 512 shall be replaced: imprisonment of fifteen to twenty years' imprisonment for twenty to thirty years; imprisonment of ten to fifteen years imprisonment by fifteen to twenty years; imprisonment and fine, worn in Article 511, second paragraph, and Article 512, first paragraph, by imprisonment of five to ten years; imprisonment and fine, worn in Article 512, second paragraph, by imprisonment for one to four years and a fine of fifty [EUR] five hundred [EUR] Article 512, second paragraph by imprisonment for one to four years and a fine of fifty [EUR] five hundred [EUR].

Art. 514. When the fire is punishable by imprisonment, attempted arson shall be punished by imprisonment of two months to two years and a fine of twenty-six [EUR] two hundred [EUR].

Art. 514bis. <L 2007-05-10/35, art. 39, 064; Effective: 09-06-2007> In the cases provided for in Articles 510 to 514, the minimum penalties imposed by these items can be doubled in the case of correctional penalties and increased by two years s it is the prison, when the mobile crime or offense is hatred, contempt or hostility toward a person because of his alleged race, color, his ancestry, national or ethnic origin, nationality, sex, sexual orientation, marital status, birth, his age, his fortune, his religious or

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philosophical beliefs, his current health and future, disability, language, political conviction of his [1 his belief union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 115, 074; Effective: 31-12-2009>

Art. 515. In the cases provided for in the preceding Articles, the offender may be sentenced to imprisonment, in addition, be sentenced to the prohibition under Article 33 (...). <L 09-04-1930, art. 32>

Art. 516. Whoever, with intent to commit any of the offenses referred to in Articles 510, 511 and 512, will set fire to any object placed so as to communicate to the thing he wanted to destroy it, shall be punished as if it had been directly or attempted to set fire to this thing.

Art. 517. When the fire is communicated to the object that the guilty would burn another object whose destruction carries a heavier penalty, the latter penalty shall be imposed if the two things were so placed that the fire must necessarily communicate from one to the other.

Art. 518. <L 07-06-1963, art. 7> When the fire has caused injury to a person or persons, and the fact that the author had assumed that they were in the scene of the fire at the time of the crime or offense, the offender shall be sentenced as if these wounds were made with malice, and the penalty that the law will be applied to attach guilty if the penalty is stronger than it has incurred as a result of the fire. Otherwise, the last sentence of two years will be raised above the maximum, if it is in seclusion (fifteen to twenty years or less term). <L 2003-01-23/42, art. 84, 041; Effective: 13-03-2003> If the offense resulted in death, the penalty shall be (life imprisonment). <L 1996-07-10/42, art. 15, 018; Effective: 11-08-1996>

Art. 519. Shall be punished with imprisonment from eight days to three months and a fine of twenty-six [EUR] five hundred [euro], or one of these penalties, the fire property, moveable or immovable property of others that have been caused by either the age or lack of repair or cleaning ovens, chimneys, forges, factories or houses next or by fires in the fields, less than a hundred meters from houses, buildings, forests, heaths, woods, orchards, groves, hedges, stacks, heaps of grain, straw, hay, fodder or other combustible materials deposited either by lights or lights mounted or left, or by fireworks lit or from without sufficient precaution.

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Art. 520. <L 07-06-1963, art. 8> be liable to the penalties provided in the preceding sections and after distinctions that are established, those who have destroyed or attempted to destroy the effect of an explosion, buildings, bridges, dams, roads, paths iron, locks, shops, yards, warehouses, vessels, carriages, wagons, airplanes or other structures, buildings or vehicles.

SECTION II. - DESTRUCTION OF BUILDINGS, OF STEAM AND TELEGRAPH EQUIPMENT.

Art. 521. (See NOTE in TITLE) <L 07-06-1963, art. 9> Whoever, except in cases referred to in Articles 510 to 520, destroyed, by any means whatsoever, in whole or in part, buildings, bridges, dams, roads, railways, locks, shops, yards, sheds, vessels, aircraft or other structures or buildings belonging to others, shall be punished (imprisonment of five to ten years). <L 2003-01-23/42, art. 85, 041; Effective: 13-032003> If unserviceable purposely harm, the penalty shall be imprisonment from fifteen days to three years and a fine of fifty [EUR] five hundred [EUR]. The sentence in the second paragraph is applicable in case of destruction, in whole or in part, or unusable purposely harm, carriages, wagons and motor vehicles.

Art. 522. The provision of Article 518 shall be applicable to the case under the previous article.

Art. 523. <L 07-06-1963, art. 10> Whoever destroys a machine belonging to others, intended to produce, process or distribute energy or drive to consume for purposes other than purely domestic, shall be sentenced to imprisonment for fifteen days to three years and a fine of fifty [euros] five hundred [EUR]. There is destruction from the effects of the machine is prevented in whole or in part, is the fact that the door movers, whether it relates to the devices set in motion.

Art. 524. (Repealed) <L 13-10-1930, art. 31>

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Art. 525. (See NOTE in TITLE) <L 2003-01-23/42, art. 86, 041; Effective: 13-03-2003> When the facts provided by the two preceding articles have been committed by a group or band and using violence, assault or threat, the guilty will be punished of imprisonment of five to ten years. Leaders and the provocateurs will be sentenced to imprisonment for ten to fifteen years and a fine of five hundred [EUR] five thousand [euros].

Art. 525bis. <L 2007-05-10/35 inserted by art. 40, In force: 09-06-2007> In the cases provided for in sections 521 to 525, the minimum penalties imposed by these items can be doubled in the case of correctional penalties, and increased by two years' s he is in prison, when the mobile crime is hatred, contempt or hostility toward a person because of his alleged race, color, ancestry, of his national or ethnic origin, nationality, sex, sexual orientation, marital status, birth, his age, his fortune, his religion or belief of his current state of health or future, disability, language, political conviction of his [1 his belief union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 116, 074; Effective: 31-12-2009>

SECTION III. - DESTRUCTION OR DEGRADATION OF GRAVES, MONUMENTS, WORKS OF ART, SECURITIES, OR OTHER DOCUMENTS PAPER.

Art. 526. Shall be punished with imprisonment from eight days to one year and a fine of twenty-six [EUR] five hundred [EUR] whoever destroyed, killed, mutilated or defaced: Tombs, memorials or gravestones signs; Monuments, statues or other objects intended for use or decoration and high public by the competent authority or with his consent; Monuments, statues, paintings or any art, places in churches, temples and other public buildings.

Art. 527. Whoever maliciously or fraudulently destroys any way registers, minutes, or original documents of the public authority, securities, promissory notes, bills of exchange, bills of exchange or bank containing or operating requirement, provision or discharge, shall be punished as if he had the same parts and subtracted from the distinctions made in the first chapter of this title.

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SECTION IV. - DESTRUCTION OR DAMAGE TO FOOD, MERCHANDISE OR OTHER SECURITIES PROPERTIES.

Art. 528. Destruction, damage, of movable property of another run using violence or threats, shall be punished with imprisonment from eight days to three years and a fine of twenty-six [EUR] five hundred [ euros], or one of these penalties.

Art. 529. (See NOTE in TITLE) <L 2003-01-23/42, art. 87, 041; Effective: 13-03-2003> If the offense was committed by a group or band, the penalty shall be imprisonment of five to ten years. Leaders and the provocateurs will be punished with imprisonment from ten to fifteen years.

Art. 530. (See NOTE in TITLE) <L 2003-01-23/42, art. 88, 041; Effective: 13-03-2003> The destruction of or damage to movable property of others, operated using violence or threats in an inhabited house or its outbuildings, and one of circumstances provided for in Article 471, shall be punished by imprisonment of ten to fifteen years. The penalty will not be less than twelve years if the crime was committed by a group or band. Leaders and the provocateurs will be punished by imprisonment of fifteen to twenty years.

Art. 531. If violence or threats with which the destruction or damage has occurred caused illness or injury of the nature of those provided by Article 400, the guilty will be punished by the penalty next higher that they have incurred under the two preceding articles.

Art. 532. The murder, or to facilitate the destruction or damage or to ensure impunity, be punished (of imprisonment). <L 1996-07-10/42, art. 15, 018, ED: 11-08-1996>

Art. 532bis. <L 2007-05-10/35, art. 41, 064; Effective: 09-06-2007> In the cases provided for in Articles 528 to 532, the minimum penalties imposed by these items can be doubled in the case of correctional penalties, and increased by two years case of imprisonment when the offense is mobile hatred, contempt or hostility toward a person because of his alleged race, color, ancestry of his national or ethnic origin, nationality, sex, sexual orientation, marital status, birth, his age, his fortune, his religion or belief of his health present or future, disability, language, political conviction of his [1 his belief union,] 1 a physical or genetic characteristic or social origin.

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---------(1) <L 2009-12-30/01, art. 117, 074; Effective: 31-12-2009>

Art. 533. Whoever maliciously or fraudulently altered or damaged goods or materials used in the manufacture, shall be punished by imprisonment of one month to one year and a fine of twenty-six [EUR] three hundred [EUR]. The imprisonment is six months to three years and fine of fifty [EUR] five hundred [euros], if the offense was committed by a person employed in the factory, workshop or home business.

Art. 534. Whoever maliciously removed, cut or broken links or obstacles that hold a boat, a car or a car, shall be punished with imprisonment from eight days to two years.

Section IVa. - Graffiti and degradation of real estate properties. <L 2007-01-25/39 inserted by art. 3 Effective: 02-03-2007>

Art. 534bis. <L 2007-01-25/39 inserted by art. 3 Effective: 02-03-2007> ยง 1. Shall be punished by imprisonment of one to six months and a fine of twenty-six to two hundred euros euros or one of these penalties, anyone who makes unauthorized graffiti on personal or real property. ยง 2. Maximum imprisonment is increased to one year's imprisonment in case of recurrence of an offense referred to in the first paragraph within five years from the date of a prior judgment sentencing and has the force of res judicata.

Art. 534ter. <L 2007-01-25/39 inserted by art. 3 Effective: 02-03-2007> be punished with imprisonment of one to six months and a fine of twenty-six to two hundred euros euros or one of these penalties, any person who voluntarily degraded real property of others.

Art. 534quater. <L 2007-05-10/35 inserted by art. 42 Effective: 09-06-2007> In the cases provided by Articles 534bis and 534ter, the minimum penalties imposed by these items can be doubled in the case of correctional penalties, and increased by two years' s he is in prison, when the mobile crime is hatred, contempt or hostility toward a person because of his alleged race, color, ancestry, of his national or ethnic origin, nationality, sex, sexual orientation, marital status, birth, his age, his fortune, his religion or

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belief of his current state of health or future, disability, language, political conviction of his [1 his belief union,] 1 a physical or genetic characteristic or social origin. ---------(1) <L 2009-12-30/01, art. 118, 074; Effective: 31-12-2009>

SECTION V. - Destruction and devastation CROP, PLANTS, TREES, GRAFT AND GRAIN FODDER AND DESTRUCTION OF INSTRUMENTS OF AGRICULTURE.

Art. 535. Shall be punished by imprisonment from one month to three years and a fine of twenty-six [EUR] five hundred [EUR] whoever maliciously cut or destroyed standing crops or plants come naturally or facts man's hand.

Art. 536. Shall be punished by imprisonment from one month to two years and a fine of twenty-six [EUR] two hundred [EUR] whoever maliciously destroyed a field sown, spread in a field of ryegrass seed or any other herb or weed, broken or decommissioned agricultural implements, cattle parks or huts guards.

Art. 537. Whoever maliciously killed one or more trees, cut, mutilated or barked trees such as to destroy them, or destroy one or more grafts, shall be punished: A reason for each tree, an imprisonment of eight days to three months and a fine of twenty-six [EUR] one hundred [EUR] A reason for each transplant imprisonment of eight days to fifteen days and a fine of twenty-six [EUR] fifty [euro], or one of these penalties. In any case, the entire sentence will not exceed three years imprisonment, or five hundred [euros] for the fine.

SECTION VI. - DESTRUCTION OF ANIMALS.

Art. 538. Whoever poisoned horses or other animals or car load of cattle with horns, sheep, goats or swine, shall be punished with imprisonment of three months to two years and a fine of twenty-six [EUR] three hundred [EUR]. 177


Art. 539. Whoever dumped in a river, canal, stream, pond, pool or tank of substances likely to destroy the fish in order to achieve this, shall be punished with imprisonment of eight days to three months and a fine of twenty-six [EUR] three hundred [EUR].

Art. 540. Those who unnecessarily have killed one of the animals referred to in Article 538, or it will cause a serious injury, shall be punished as follows: If the offense was committed in the buildings, yards and outbuildings or land which the master of the animal was killed or injured owner, tenant or settler farmer, the penalty shall be imprisonment from one month to six months and a fine of fifty [EUR] three hundred [EUR]. If committed in places that the culprit was the owner, tenant, farmer or settler, the penalty shall be imprisonment from eight days to two months and a fine of twenty-six [EUR] one hundred [EUR]. If committed in any other place, the imprisonment shall be fifteen days to three months and a fine of fifty [EUR] two hundred [EUR].

Art. 541. Whoever unnecessarily killed a domestic animal other than those mentioned in Article 538, or it may have caused a serious injury in a place where the person to whom the animal belongs is owner, usufructuary, user, tenant, colon or farmer, shall be punished with imprisonment from eight days to three months and a fine of twenty-six [EUR] two hundred [euro], or one of these penalties. The same penalties shall be made if such acts were committed maliciously on a tamed animal or an animal kept in captivity, in the places where they are kept, or a pet when he was employed by which it was intended and in a place where his master had a right to be.

Art. 542. In the cases provided for in the preceding Articles, there has been a violation of closing, the minimum penalty will be raised in accordance with Article 266.

SECTION VII. - PROVISIONS COMMON TO PREVIOUS SECTIONS.

Art. 543. If the facts provided in Sections V and VI of this chapter have been committed either by hatred of a public official and because of his duties, or during the night, the minimum penalty will be raised in accordance with Article 266.

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Art. 544. (Repealed) <L 09-04-1930, art. 32>

SECTION VIII. - DESTRUCTION OF FENCES, OR THE MOVEMENT OF THE ABOLITION OF POSTS AND FEET corner posts.

Art. 545. Shall be punished with imprisonment from eight days to six months and a fine of twenty-six [EUR] two hundred [euro], or one of these penalties, any person who, in whole or in part, filled ditches, cut or torn hedges or dry, destroyed fences rural or urban, some materials they are made, moved or deleted terminals, corner posts or other foot planted trees or recognized for establishing boundaries between different heritages.

Art. 546. When the facts provided by the preceding article have been implemented in order to commit theft of land, the penalty shall be imprisonment from one month to one year and a fine of fifty [EUR] two thousand [euros].

SECTION IX. - DESTRUCTION AND DAMAGE BY FLOODS.

Art. 547. (See NOTE in TITLE) <L 2003-01-23/42, art. 89, 041; Effective: 13-03-2003> shall be punished with imprisonment from ten to fifteen years, those who maliciously or fraudulently flooded all or part of the work of a mine. If, according to the circumstances, the offender had to assume he was in the mine one or more persons at the time of the flood, he shall be sentenced to imprisonment of fifteen to twenty years.

Art. 548. The provision of Article 518 shall be applicable to the offense under the preceding article.

Art. 549. Any person who maliciously or fraudulently flooded the legacy of others, or it will be transmitted in a manner damaging water will be fined twenty-six [EUR] three hundred [EUR].

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Art. 550. Shall be punished by a fine of fifty [EUR] five hundred [euros], homeowners, farmers or other persons of mills, factories or ponds, which, by the elevation of their waters weir above height determined by the competent authority, have flooded roads or property of others.

TITLE IXbis. - Offences against the confidentiality, integrity and availability of computer systems and data are stored, processed or transmitted by these systems. <L 2000-11-28/34 inserted by art. 6, In force: 13-02-2001>

Art. 550bis. <L 2000-11-28/34 inserted by art. 6, In force: 13-02-2001> § 1. Whoever, knowing that he is not authorized access to a computer system or kept there, shall be punished by imprisonment of three months to one year and a fine of twenty-six [euros] to twenty-five thousand [euros] or one of these penalties. If the offense referred to in paragraph 1, committed with fraudulent intent, the punishment shall be imprisonment from six months to two years. § 2. Whoever, with intent to defraud or with intent to annoy, oversteps its authority to access a computer system, is punished with imprisonment from six months to two years and a fine of twenty-six [euros] to twenty-five thousand [euros] or one of these penalties. § 3. Whoever is in one of the situations referred to in § § 1 and 2 that: 1 is again, in any way whatsoever, the data stored, processed or transmitted by the computer system; 2 is that any use of a computer system belonging to a third party or uses the computer system to access the computer system of a third party; 3 is the cause any damage, even unintentionally, the computer system or data that is stored processed or transmitted by the system or computer system or third data is stored, processed or transmitted by the system; shall be punished by imprisonment of one to three years and a fine of twenty-six [EUR] Belgian fifty thousand [euros] or one of these penalties. § 4. Attempt to commit an offense referred to in § § 1 and 2 is punishable by the same penalties. § 5. (Whoever unduly owns, produces, sells, obtains for its use, imports, distributes or provides another form, any device, including data, designed or adapted primarily for the purpose of committing the offenses under § § 1 to 4 shall be punished by imprisonment of six months to three years and a fine of twenty-six hundred thousand euros in euros or one of these penalties.) <L 2006-05 -15/46, art. 5, 059, Effective: 22-09-2006>

180


§ 6. Anyone who orders the commission of an offense referred to in § § 1 to 5 or incites be punished by imprisonment of six months to five years and a fine of one hundred [EUR] two hundred thousand [euros ] or one of these penalties. § 7. Whoever, knowing that the data were obtained by the commission of an offense referred to in § § 1 to 3, holds, reveals another person or discloses, or makes any use of the data thus obtained is punished by imprisonment of six months to three years and a fine of twenty-six [euros] a hundred thousand [euros] or one of these penalties. § 8. The penalties provided for in § § 1 to 7 are doubled if a breach of any of these provisions is committed within five years after the imposition of a conviction for any such offense or an offense referred to in Articles 210bis , 259b, 314bis, 504quater or 550ter. Art. 550ter. <L 2000-11-28/34 inserted by art. 6, In force: 13-02-2001> § 1. (Whoever, knowing that he is not permitted, directly or indirectly, entered into a computer system, alters or deletes data, or modified by any technological means normal use of data in a computer system is punished by imprisonment of six months to three years and a fine of twenty-six euros and twenty-five thousand euros or one of these penalties. If the offense referred to in paragraph 1 is committed with intent to defraud or with intent to harm, the punishment shall be imprisonment from six months to five years.) <L 2006-05-15/46, art. 6, 1, 059; Effective: 22-09-2006> § 2. He who, after the commission of an offense referred to in § 1, causes damage to data in the computer system or other relevant computer system shall be punished by imprisonment of six months to five years and a fine of twenty-six [euros] to seventy-five thousand [euros] or one of these penalties. § 3. He who, after the commission of an offense referred to in § 1, prevents, totally or partially, the correct operation of the computer system or other relevant computer system shall be punished by imprisonment of one to five years and a fine of twenty-six [euros] a hundred thousand [euros] or one of these penalties. § 4. (Whoever unduly owns, produces, sells, obtains for its use, imports, distributes or provides another form, a device including data, designed or adapted primarily for the purpose of committing offenses under in § § 1 to 3, then he knows that these data can be used to cause damage to data or prevent totally or partially, the proper functioning of a computer system, shall be punished with imprisonment of six months to three years and a fine of twenty-six hundred thousand euros in euros or one of these penalties.) <L 2006-05-15/46, art. 6, 2, 059; Effective: 22-09-2006> § 5. The penalties provided for in § § 1 to 4 are doubled if a breach of any of these provisions is committed within five years after the imposition of a conviction for any such offense or an offense referred to in Articles 210bis , 259b, 314bis, 550bis or 504quater. (§ 6. Attempt to commit an offense referred to in § 1 shall be punished with the same penalties.) <L 2006-05-15/46, art. 6, 3, 059; Effective: 22-09-2006> 181


TITLE X. - OF VIOLATIONS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

CHAPTER I. - VIOLATIONS OF FIRST CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-042005>

Art. 551. (Repealed) <L 2004-06-17/37, art. 4, 048, ED: 01-04-2005>

Art. 552. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 553. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 554. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

CHAPTER II. - VIOLATIONS OF SECOND CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 0104-2005>

Art. 555. (Repeals) <AL 31-01-1946, art. 4>

Art. 556. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 557. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 558. (Repealed) <L 2004-06-17/37, art. 4, 048, ED: 01-04-2005>

CHAPTER III. - VIOLATIONS OF THE THIRD CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> 182


Art. 559. (Shall be punished by a fine of ten [EUR] twenty [EUR] 1 Those who, except as provided by Chapter III, Title IX, Book II of this Code, shall willfully damaged or destroyed properties securities of others ;) <L 2005-07-20/41, art. 22, 051; Effective: 08-08-2005 (restored as it stood before its repeal)> 2 (...) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> 3 (...) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> 4 ° (...) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 560. (Repealed) <L 2004-06-17/37, art. 4, 048, ED: 01-04-2005>

Art. 561. (Shall be punished by a fine of ten [EUR] twenty [euros] and imprisonment for one day to five days, or one of these penalties: 1 Those who are guilty of uproars night noises or likely to disturb the tranquility of the inhabitants ;) <L 2005-07-20/41, art. 22, 051; Effective: 08-08-2005 (restored as it stood before its repeal)> 2 (...). <L 20-06-1964, art. 17> 3 ° (...). <L 20-06-1964, art. 17> 4 ° (...). <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> 5 ° (...). <L 22-03-1929, art. 9> 6 ° (...). <L 22-03-1929, art. 9> 7 ° (...). <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 562. <L 2005-07-20/41, art. 22, 051; Effective: 08-08-2005 (restored as it stood before its repeal)> In case of recidivism, the penalty of imprisonment for up to five days may be imposed, regardless of the fine, for offenses under sections 559 and 560. With regard to minor offenses under the preceding Article, the court may, in case of recurrence, say, in addition to the fine, to imprisonment for nine days.

183


CHAPTER IV. - VIOLATIONS OF THE FOURTH CLASS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 563. (Shall be punished by a fine of fifteen [EUR] twenty-five [euros] and imprisonment from one day to seven days, or one of these penalties :) <L 2005-07-20 / 41, art. 22, 051; Effective: 08-08-2005 (restored as it stood before its repeal)> 1 (...) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> (2 째 Those who deliberately degraded urban or rural fences, some materials they are made; 3 The authors of assault or minor assaults, provided that they do hurt or hit anyone, and that assault does not fall within the class of insults, particularly those who have voluntarily, but without intent to the abuse, launched on a person any object likely to disturb or contaminate ;) <L 2005-07-20/41, art. 22, 051; Effective: 08-08-2005 (restored as it stood before its repeal)> 4 째 (...) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005> 5 째 (...) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 564. <L 2005-07-20/41, art. 22, 051; Effective: 08-08-2005 (restored as it stood before its repeal)> In case of recidivism, the court is authorized to impose, regardless of the fine, to imprisonment for twelve days more.

PROVISIONS COMMON TO FOUR PRECEDING CHAPTERS. (Repealed) <L 2004-06-17/37, art. 4, 048; Effective: 01-04-2005>

Art. 565. <L 2005-07-20/41, art. 22, 051; Effective: 08-08-2005 (restored as it was before its repeal writes)> There recidivism in cases provided for by the four preceding chapters, where the offender has been convicted, in previous twelve months, for the same offense (...). <AR59 10-01-1935, art. 3>

Art. 566. <L 2005-07-20/41, art. 22, 051; Effective: 08-08-2005 (restored as it stood before its repeal)> Where, in the cases provided for by the four preceding chapters, there are extenuating circumstances, the fine may be reduced below five [euros], but it can in no case be less than a [euro].

Modification (s) Text 184


Contents Beginning

IMAGE • LAW OF THE PUBLISHED 08-03-2010 30-03-2010 (ARTICLE MODIFIED: 280, 281, 281bis, 281ter) IMAGE • LAW OF THE PUBLISHED 04-02-2010 10-03-2010 (ARTICLE MODIFIED: 259b) IMAGE • LAW OF THE PUBLISHED 21-02-2010 26-02-2010 (ARTICLE MODIFIED: 275, 278) IMAGE • LAW OF THE PUBLISHED 30-12-2009 15-01-2010 (ARTICLE MODIFIED: 490) IMAGE • LAW OF THE PUBLISHED 30-12-2009 14-01-2010 (ARTICLE MODIFIED: 137) IMAGE • LAW OF THE PUBLISHED 21-12-2009 11-01-2010 (ARTICLE MODIFIED: 25, 84, 99) IMAGE • LAW OF THE PUBLISHED 30-12-2009 31-12-2009 (ARTICLE MODIFIED: 377bis; 405quater; 422quater, 438bis, 442ter, 453bis, 514bis, 525bis, 532bis; 534quater) 185


IMAGE • LAW OF THE PUBLISHED 14-04-2009 15-04-2009 (ARTICLE MODIFIED: 31, F32, 33, 33a, 84, 85; 123QUINQUIES; 135BIS, 147, 234, 237, 239, 254, 312, 378, 382, 388; 433NOVIES; 433TERDECIES) IMAGE • LAW OF THE PUBLISHED 10-05-2007 22-08-2007 (ARTICLE MODIFIED: 505) IMAGE • LAW OF THE PUBLISHED 15-05-2007 22-08-2007 (ARTICLE MODIFIED: 509QUATER) IMAGE • LAW OF THE PUBLISHED 15-05-2007 31-07-2007 (ARTICLE MODIFIED: 5) Entered into force e de finish. IMAGE • LAW OF THE PUBLISHED 26-04-2007 13-07-2007 (ARTICLE MODIFIED: 7; 34a-34QUINQUIES) IMAGE • LAW OF THE PUBLISHED 21-04-2007 13-07-2007 (ARTICLE MODIFIED: 71) IMAGE • LAW OF THE PUBLISHED 09-05-2007 21-06-2007 (ARTICLE MODIFIED: 31) IMAGE • LAW OF THE PUBLISHED 25-04-2007 15-06-2007 (ARTICLE MODIFIED: 391SEXIES) IMAGE 186


• LAW OF THE PUBLISHED 11-05-2007 08-06-2007 (ARTICLE MODIFIED: 250, 251) IMAGE • LAW OF THE PUBLISHED 27-04-2007 07-06-2007 (ARTICLE MODIFIED: 391BIS) IMAGE • LAW OF THE PUBLISHED 10-05-2007 30-05-2007 (ARTICLE MODIFIED: 377BIS; 405QUA; 442QUA; 438BIS) (ARTICLE MODIFIED: 442TER; 453BIS; 514BIS; 525BIS) (ARTICLE MODIFIED: 532BIS; 534QUA) IMAGE • LAW OF THE PUBLISHED 25-01-2007 20-02-2007 (ARTICLE MODIFIED: 534BIS; 534TER) IMAGE • LAW OF THE PUBLISHED 20-12-2006 12-02-2007 (ARTICLE MODIFIED: 279a, 281; 281BIS; 281TER) (ARTICLE MODIFIED: 410BIS) IMAGE • LAW OF THE PUBLISHED 27-12-2006 28-12-2006 (ARTICLE MODIFIED: 37QUATER; 37QUINQUIES) IMAGE • LAW OF THE PUBLISHED 27-12-2006 28-12-2006 (ARTICLE MODIFIED: 49; 43QUA) IMAGE • LAW OF THE PUBLISHED 18-05-2006 01-12-2006

187


(ARTICLE MODIFIED: 417 ter) IMAGE • LAW OF THE PUBLISHED 15-05-2006 12-09-2006 (ARTICLE MODIFIED: 259b; 314bis; 504QUA; 550BIS) (ARTICLE MODIFIED: 550TER) IMAGE • LAW OF THE PUBLISHED 17-05-2006 15-06-2006 (ARTICLE MODIFIED: 37ter) IMAGE • LAW OF THE PUBLISHED 08-06-2006 09-06-2006 (ARTICLE MODIFIED: 31, 198, 199, 202) IMAGE • LAW OF THE PUBLISHED 15-05-2006 02-06-2006 (ARTICLE MODIFIED: 12, 30, 391BIS; 433BIS) IMAGE • LAW OF THE PUBLISHED 09-02-2006 28-02-2006 (ARTICLE MODIFIED: 43QUA; 433TERDECIES) IMAGE • LAW OF THE PUBLISHED 10-08-2005 02-09-2005 (ARTICLE MODIFIED: 43c; 324BIS, 324b;) (ARTICLE MODIFIED: 433ter-433QQDECIES) IMAGE • LAW OF THE PUBLISHED 10-08-2005 02-09-2005 (ARTICLE MODIFIED: 391BIS; 433; 433BIS; 505BIS; 506) IMAGE

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• LAW OF THE PUBLISHED 20-07-2005 11-08-2005 (ARTICLE MODIFIED: 419, 420; 419BIS; 420bis) IMAGE • LAW OF THE PUBLISHED 20-07-2005 29-07-2005 (ARTICLE MODIFIED: 559, 561-566) IMAGE • LAW OF THE PUBLISHED 10-01-2005 10-02-2005 (ARTICLE MODIFIED: 192TER) IMAGE • LAW OF THE PUBLISHED 12-01-2005 01-02-2005 (ARTICLE MODIFIED: 21, 22, 23, 24; 30TER, 89, 90, 157) IMAGE • LAW OF THE PUBLISHED 22-11-2004 09-12-2004 (ARTICLE MODIFIED: 21, 22, 23, 24, 89, 90) IMAGE • LAW OF THE PUBLISHED 17-06-2004 23-07-2004 (ARTICLE MODIFIED: 551-566) Entered into force e de finish. IMAGE • LAW OF THE PUBLISHED 22-12-2003 31-12-2003 (ARTICLE MODIFIED: 34) IMAGE • LAW OF THE PUBLISHED 19-12-2003 29-12-2003 (ARTICLE MODIFIED: 137-141TER) IMAGE • LAW OF THE PUBLISHED 05-08-2003 07-08-2003

189


(ARTICLE MODIFIED: 43QUAT, 70, 91, 136a-136OCTIE) IMAGE • LAW OF THE PUBLISHED 24-04-2003 16-05-2003 (ARTICLE MODIFIED: 391BIS; 391QUA; 391QUI) IMAGE • LAW OF THE PUBLISHED 03-04-2003 12-05-2003 (ARTICLE MODIFIED: 259b) IMAGE • LAW OF THE PUBLISHED 04-04-2003 05-05-2003 (ARTICLE MODIFIED: 328; 328BIS; 331BIS) IMAGE • LAW OF THE PUBLISHED 25-02-2003 17-03-2003 (ARTICLE MODIFIED: 442TER; 453BIS; 514BIS; 532BIS) (ARTICLE MODIFIED: 377BIS; 405QUA; 422QUA; 438BIS) IMAGE • LAW OF THE PUBLISHED 23-01-2003 13-03-2003 (ARTICLE MODIFIED: 196, 208, 215, 216, 235, 256, 26) (ARTICLE MODIFIED: 401, 403, 404, 406, 407, 408, 414, 437, 467, 468, 474, 477; 477BIS) (ARTICLE MODIFIED: 477TER; 477QUINQ; 477SEX, 488bis, 506, 510, 511, 513, 518, 521, 525, 529, 530, 547) IMAGE • LAW OF THE PUBLISHED 23-01-2003 13-03-2003 (ARTICLE MODIFIED: 120SEX, 121, 121a, 122; 123TER) (ARTICLE MODIFIED: 123QUAT; 123SEX; 123SEP; 124) (ARTICLE MODIFIED: 107, 108, 112, 114, 115, 11) (ARTICLE MODIFIED: 63, 81, 101, 102, 103, 104, 106) 190


(ARTICLE MODIFIED: 18, 19, 25, 30TER, 32, 54, 55, 62) (ARTICLE MODIFIED: 125, 128, 129, 133, 154, 160, 161) (ARTICLE MODIFIED: 171, 172, 174, 175, 179, 194, 195) (ARTICLE MODIFIED: 336, 337, 348, 352, 391, 393, 400) (ARTICLE MODIFIED: 272, 285, 292, 293, 323; 331BIS) IMAGE • LAW OF THE PUBLISHED 07-02-2003 25-02-2003 (ARTICLE MODIFIED: 419BIS; 420bis) IMAGE • LAW OF THE PUBLISHED 19-12-2002 14-02-2003 (ARTICLE MODIFIED: 43a-43c) IMAGE • LAW OF THE PUBLISHED 28-01-2003 12-02-2003 (ARTICLE MODIFIED: 410) IMAGE • LAW OF THE PUBLISHED 02-08-2002 05-09-2002 (ARTICLE MODIFIED: 556, 559) IMAGE • LAW OF THE PUBLISHED 14-06-2002 14-08-2002 (ARTICLE MODIFIED: 428, 438, 473; 477SEXIES, 347 bis, 376, 417 bis-417QUINQUIES) IMAGE • LAW OF THE PUBLISHED 17-04-2002 07-05-2002 (ARTICLE MODIFIED: 7; 37ter-37QUINQUIES, 58, 59, 60, 85) IMAGE • LAW OF THE PUBLISHED 26-04-2002 30-04-2002

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(ARTICLE MODIFIED: 5) IMAGE • LAW OF THE PUBLISHED 11-12-2001 07-02-2002 (ARTICLE MODIFIED: 80, 471, 472) IMAGE • LAW OF THE PUBLISHED 10-12-2001 20-12-2001 (ARTICLE MODIFIED: 178bis; 178TER) IMAGE • LAW OF THE PUBLISHED 04-07-2001 10-08-2001 (ARTICLE MODIFIED: 447) IMAGE • LAW OF THE PUBLISHED 04-04-2001 23-06-2001 (ARTICLE MODIFIED: 162, 163, 170, 173, 178, 180, 185a, 186, 187a; 192BIS) IMAGE • LAW OF THE PUBLISHED 29-04-2001 31-05-2001 (ARTICLE MODIFIED: 31) IMAGE • LAW OF THE PUBLISHED 28-11-2000 17-03-2001 (ARTICLE MODIFIED: 354-360; 360BIS, 368-369; 388; 369BIS, 370, 371, 354-360BIS; 382; 382BIS; 382TER, 383bis, 384, 385; 386BIS; 386TER; 389; 405BIS; 405TER; 409 ; 410; 423-432; 433) (ARTICLE MODIFIED: 100TER, 347 bis, 363, 372, 373, 375, 376, 377, 378; 378BIS, 379, 364-371; 401bis, 415, 420bis, 458BIS) (ARTICLE MODIFIED: 380bis; 380QUATER; 380QUINQUIES; 381BIS) IMAGE • LAW OF THE PUBLISHED 28-11-2000 03-02-2001 (ARTICLE MODIFIED: 193; 210BIS; 504QUATER; 550BIS; 550TER)

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IMAGE • ROYAL DECREE OF THE PUBLISHED 09-06-1999 18-08-1999 (ARTICLE MODIFIED: 460) IMAGE • LAW OF THE PUBLISHED 07-05-1999 29-06-1999 (ARTICLE MODIFIED: 157)

First book. Parliamentary documents. House of Representatives. Preliminary and Chapters I to III. And explanatory text of the bill. Meeting of 14 December 1849. - Chapters IV to IX. And explanatory text of the bill. Meeting on 20 March 1850. - Report by Mr Roussel these chapters IX. Meeting on 2 July 1851. Bill passed first vote. Meeting of 24 November 1851. Senate. Bill passed by the House. Meeting of 2 December 1851. - Report. Meeting of 21 March 1852. House of Representatives. Bill amended by the Senate. Meeting of 18 January 1853. - Roussel Report on the amended bill. Meeting of 26 January 1853. Senate. Report on the bill as amended by the House. Meeting of 9 March 1853. House of Representatives. Amendments to the first book and presentation of a new chapter (Chapter X). Meeting of 6 December 1860. - Reports of Mr. Pirmez on these amendments to Chapter X. Sessions 9 February and 3 May 1861. Senate. Report of Mr. Anethan. Meeting on 20 December 1862. - Second report of Mr. Anethan. Meeting of 21 February 1866. House of Representatives. Bill passed by the Senate. Meeting of 11 May 1866. - Report by Mr Pirmez on this project. Meeting of 28 November 1866. - Second report of Mr. Pirmez. Meeting of 22 February 1867. Senate. Bill amended by the House. Meeting of 11 May 1867. - Report of Mr. Anethan. Meeting of 15 May 1867. Second book. Parliamentary documents. House of Representatives. Review of the second book. Explanatory memorandum of the bill text and reports of the commission for the revision of the Penal Code. Meeting on 20 January 1858. - Reports of MM. Vanderstichelen and the Title I Pirmez. Meetings of 23 April 1858 and 26 January 1861. - Reports of MM. Lelièvre and Pirmez on Title II. Meetings of 23 April 1858 and 9 February 1861. - Mr. Pirmez Reports on Title III. Meetings of 17 November 1858 and 6 January 1861. - Reports of Mr. Moncheur on Title IV. Meetings of 18 November 1858, 20 January 1859 and 28 February 1861. - Reports on the title Pirmez Mr. V. Session 1859-1860, Nos. 53, 95 and 108, and on February 9, 1861. - Report by Mr Pirmez on Title VI. - Meeting of February 9, 1859. - Reports of Mr. Lelievre on Title VII. Meetings of 21 January and 11 April 1859. - Reports of MM. Lelièvre and Pirmez of Title VIII. Sessions of 3 March and 11 April 1859, 26 January 1861 and 28 May 1862. - Reports of Mr. Pirmez on Title IX. Sessions 7 December 1860, 9, 12 and 16 March 1861. - Reports of M. Carlier on Title X. Meetings of 25 February and 26 April 1861. - Text adopted at the first vote and amendments proposed by the Committee, in agreement with the government. Session 1860-1861. No. 162. Senate. Bill passed by the House. Meeting of June 4, 1862 (Session 1861-1862, No. 66). - Report by Mr Anethan of the Title I. Meeting of December 20, 1862 (Session 1862-1863, No. 22), and meeting of 21 February 1866 (Session 1865-1866, No. 37). 193


Report of Mr. Anethan on Title II. Meeting of March 2, 1863 (Session 1862-1863, No. 53). - Reports of Mr. Anethan of Title III. Meeting of March 2, 1863 (Session 1862-1863, No. 34), and meetings of 23 February, 24 February and 6 March 1866 (Session 1863-1866, Nos. 45, 47 and 65). - Reports of Mr. Anethan on Title IV. Meeting of March 2, 1863 (Session 1862-1863, No. 35), and sessions on 27 and 28 February 1866 (Session 1865-1866, Nos. 50 and 54). - Reports of Mr. Anethan of Part V. Meeting of March 3, 1863 (Session 1862-1863, No. 57), and meeting February 28, 1866 (Session 1865-1866, Nos. 53 and 55). - Report of Mr. Anethan on Title VI. Meeting of March 4, 1863 (Session 1862-1863, No. 58). Reports of Mr. S. Pirmez of Title VII. Meeting of December 29, 1866 (Session 1864-1865, No. 35), and on 6 March 1866, No. 66). - Reports of MM. Smith and Anethan of Title VIII. Meetings of 10 February and 9 March 10, 1866 (Session 1865-1866, Nos. 32, 68 and 70). - Reports of Mr. Dellafaille on Title IX. Meeting of May 12, 1863 (Session 1862-1863, No. 72), and sessions 3, 5 and 22 March 1866 (Session 1865-1866, Nos. 61, 63 and 73). - Report by Mr Lonhienne on Title X. Meeting of March 2, 1866 (Session 1865-1866, No. 60). - Bill passed first vote. Meeting of 12 March 1866 (Session 1865-1866, No. 76). - Proposals for the Minister and the Committee of Justice with amendments to some articles adopted in the first vote. Meetings of 27 April and 1 May 1866 (Session 1865-1866, Nos. 100 and 104). House of Representatives. Bill as amended by the Senate. Meeting of 11 May 1866 (Session 1863-1866, No. 190). - Reports of Mr. Pirmez. Meetings of 21 December 1866, 29 January, 22 February and 30 March 1867. (Session 18661867, Nos. 54, 68, 69, 70, 71, 72, 73, 74, 75, 95 and 128.) - Amendments to Title X proposed by the Minister. Session 1866-1867, No. 152. - Adopted on 11 May 1867. Senate. Bill as amended by the House. Session 1866-1867, 63. - Report of Mr. Anethan. Meeting of 15 May 1866. (Session 1866-1867, No. 65.) Adopted on 17 May 1867. Dutch text, see CN: 1964-07-10/32>

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Penal Code (Belgium)  
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