Proposition 50K1271

Projet de loi modifiant l'article 90ter du Code d'instruction criminelle.

General information ¶

Submitted by

Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ

Submission date

May 28, 2001

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

criminal procedure

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB

Contact form ¶

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Discussion ¶

Oct. 18, 2001 | Plenary session (Chamber of representatives)

Full source

I refer to the written report.

Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, This bill is not limited to the only measure of listening provided for in Articles 90ter and following of the Code of Criminal Instruction. Indeed, the entry of the infringement on this list serves as a criterion allowing the application of specific research techniques and proactive research. by

Furthermore, this introduction will constitute a necessary condition in particular for the use of anonymous testimony. The PRL-FDF-MCC group of course supports this bill, as it participates in the government’s desire to make research services more efficient and faster in the fight against corruption. Traditional research techniques do not provide sufficient guarantees to effectively combat corruption. The fight against corruption, as you know, is one of the priorities of this government, and this bill concretizes the initiative developed in point 80 of the Federal Security Plan of the Minister of Justice. by

However, we would like to make a few comments. Indeed, the notion of corruption as defined by our Criminal Code covers a relatively broad reality. Allowing telephone interceptions in this area is a necessity if we want to equip our search services with effective tools to combat this type of crime, but caution is necessary. As the Council of State recalls, in providing that proactive search may concern offences such as private corruption (acts of corruption committed within the framework of private enterprises), special attention should be paid to ensure that this proactive search does not lead to abuses, and that the information elements thus collected and processed are strictly limited to the detection of punishable facts. This requirement requires a precise legal framework defining the outlines of proactive research and the scope of specific research techniques.

Furthermore, extending the list of offences justifying telephone listening should lead us to fundamentally question the direction we intend to take. How far are we ready to go? The issue of telephone surveillance has always caused a lively debate in parliament. Indeed, this problem presupposes an incursion into privacy, it must therefore be framed by a maximum of legal guarantees. by

This issue is even more up-to-date after the events of September 11. In fact, the debate is open on the possibility of allowing telephone interceptions as part of the fight against terrorism. These events also invite us to reflect on the distinction between judicial listening and administrative listening. In the current state of our legislation, you know that only judicial hearings are allowed. Should administrative interceptions also be allowed? This is a matter that we will decide in the public interest, while respecting the rights of our citizens to the protection of privacy.