Projet de loi modifiant l'article 92 du Code judiciaire.
General information ¶
- Author
- CD&V Yves Leterme
- Submission date
- Feb. 19, 2003
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- magistrate legal profession judicial power
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB
Contact form ¶
Do you have a question or request regarding this proposition? Select the most appropriate option for your request and I will get back to you shortly.
Discussion ¶
March 20, 2003 | Plenary session (Chamber of representatives)
Full source
Rapporteur Thierry Giet ⚙
Although this is an oral report, it has been distributed. The Commission of Justice of 18 March 2003 examined this proposal by Mr. Amendment of Article 92 of the Judicial Code. Currently, Article 92, §1, 4° of the Judicial Code provides that offences relating to family abandonment and the non-presentation of children are examined before a three-judge chamber.
According to the author of the proposal, it would be much more effective if these offences were examined by a single judge. Furthermore, the proposal aims to exempt the public prosecution from the obligation to submit the cases in question before a three-judge chamber by providing, of course, the possibility for the accused to request that chamber to three judges.
During the discussion of the articles, the intervention of the various parliamentarians highlighted the deterrent effect of criminal prosecutions on the basis of these offences and insisted on the well-foundedness of the text. Experience has shown that the prospect of a criminal conviction can encourage the parties to act. The courts, instead of directly applying the criminal law, will therefore automatically and several times postpone such cases, in order to bring the accused under the pressure of the criminal law, in any case under the fear of a criminal conviction to pay a maintenance pension or to respect the right to personal relations.
Before concluding, I would like to thank the services of the commission for the speed with which they carried out their work. I would like to point out to the assembly that the bill was adopted without amendment by unanimous vote of the members present.