Proposition 50K2117

Projet de loi portant création d'un Organe Central pour la Saisie et la Confiscation et portant des dispositions sur la gestion à valeur constante des biens saisis et sur l'exécution de certaines sanctions patrimoniales.

General information ¶

Submitted by

Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ

Submission date

Nov. 12, 2002

Official page

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Status

Adopted

Requirement

Simple

Subjects

seizure of goods criminal procedure criminal law confiscation of property

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Discussion ¶

Feb. 6, 2003 | Plenary session (Chamber of representatives)

Full source

I refer to the written report.

Mr. Speaker, the draft proposal presented today to the House is a ⁇ important link in a policy that has been pursued for a long time in the context of controlling organized crime, organized fraud and also white board crime.

Some time ago, by the way, there was already an important study done by a number of police officers. In this study, it was said that crime should not be paid. In other words, it is of the utmost importance that one could seize not only the profits, which occasionally come from a crime. It could also be possible to move to larger seizures. In our neighboring countries, such legislation is given a name. In the Netherlands, for example, this law is called the "kaalpluk legislation". Furthermore, the first part of the trilogy of this legislation consisted in increasing the possibility of seizure of the proceeds of criminal activities as well as of the proceeds thereof.

It is obvious that there is often a lot of time between the seizure and the eventual final sentence. It is equally evident that it is not that the collection of the confiscated goods can be easily realized. I am talking here, for example, about a number of valuable documents, which can be seized. For example, it is also a number of real estate, which can be confiscated. There are also other elements. There is already a solution for the vehicles. That solution concerns vehicles that can be seized and that are still useful for the police services.

The realization of these abilities is also one of the intentions of the text that presents. The implementation must be done in the most optimal way. They should not be sold without boe or ba public. Therefore, a central body for the seizure and declaration of confiscation is established in Belgium. This body can be compared to what is called in the Netherlands the BOOM, the Government Abstinence Public Prosecution Ministry. This central body actually has two tasks. The first task is to provide advice to the magistrates who made the seizure. They are also responsible for this seizure. The central body should also advise the secretaries to whom any confiscated goods would be deposited. As a second task, the central body may also proceed to the realisation of these goods, provided that a number of conditions are met. I do not want to go deeper into those conditions; you can read them in Mr Hove’s report.

It is of course possible that at the end of the proceedings it turns out that the court — freely and independently — in essence decides that the seizure was wrong. In that case, it will be the State that will have to proceed to return the value of the goods, increased by any interest.

I would like to point out a second element. This element is important in the evolution ... (From the tribune pamphlets are thrown) (Des tracts sont jetés de la tribune) That is probably someone who has faced a seizure.

( ... ...

Mr. Coveliers, please continue on.

I think this opponent is mistaken on the subject. He also made a mistake in the room.

( ... ...

Mr. Van Hoorebeke, you are not going to say that Mr. Coveliers has provoked people by his appearance.

Mr Coveliers, you go on.

The worst thing that can happen is that someone leaves you indifferent. That man will be questioned somewhere. I hope that. This will happen if the laws are applied. He may have to stay here for a while if the laws are applied.

It will be so.

I never threw anything down from above. I would find it worse if I left him indifferent than when I provoked him.

Mr Coveliers, I fully agree with you. Wherever you sit later, you have one great advantage, no one leaves you indifferent. Wherever you go, leave a trace.

Colleague Van Hoorebeke, I would be shocked if I didn’t sit here for so long. Let us proceed with what is called in French "Revenons à nos moutons", the declaration of confiscation of the goods. Their

Colleagues, it is also important in this text that this central body for seizure is located within the Public Prosecutor’s Office. It does not have legal personality. It is located within the Public Prosecutor’s Office. I’m not going to repeat here the whole theory of reducing or rather changing the task of the investigative judge after the judicial investigation, even if this might be the place. However, this is once again proof that this evolution is clearly ongoing. This is also important because it was considered that a central body led and formed by magistrates would be better able to communicate with the magistrates in the field — that is the main thing — the prosecutor’s magistrates and the magistrates of the federal prosecutor’s office. Their

This proposal was unanimously approved, if I am not mistaken, Mr. Reporter, Mr. Chairman of the Committee on Justice. I think this proposal is an important step. It is one of the many steps already taken in the framework of controlling organized crime. It is a proposal pending a number of other steps that will need to be taken as this form of crime needs to be permanently reviewed. A continuous review of the legislation will be required. Their

We will therefore approve this law with much enthusiasm — with even greater enthusiasm than with which the man just threw down the papers — with much enthusiasm.