Proposition 51K1843

Projet de loi modifiant le Code pénal en vue de réprimer plus sévèrement la violence contre certaines catégories de personnes.

General information ¶

Submitted by

PS | SP MR Open Vld Vooruit Purple Ⅰ

Submission date

June 7, 2005

Official page

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Status

Adopted

Requirement

Simple

Subjects

violence crime against individuals criminal law aggravating circumstances

Voting ¶

Voted to adopt

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

Abstained from voting

Ecolo

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Discussion ¶

July 6, 2006 | Plenary session (Chamber of representatives)

Full source

Although the bill contains only a limited number of articles, your committee has spent four meetings on this bill.

In her presentation, the Minister informed the Minister that she was repeatedly addressed by persons who perform public functions. It is primarily concerned with public transport workers, but also with other occupational categories, such as nurses in hospitals, who suffer from people who verbally and physically assault them at night and at night. The government has therefore decided to act vigorously against such forms of aggression. Therefore, a new aggravating circumstance is introduced in the Criminal Code in order to improve deterrence. The minimum punishment in cases of unacceptable aggression is doubled.

Collega Van Parys has said that he supports the draft, but he referred to a broader bill which also looked at the situation of police officers. Col. Wathelet also agreed with the objectives of the draft, but he also did not understand why the target group of the draft law is kept limited. Colleague Laeremans considered that the minister is not consistent. He was of the opinion that the draft law is nothing more than a symbolic act, has a limited scope of application and will present little in practice.

The reporter believed that the draft is important because the government cannot tolerate that some functions are affected. Mr. Massin believed it was obvious that the bill received broad support. The fact that the draft law is limited to persons who, from their function, must put themselves in the service of society, also seemed evident to him. Collega Casaer also pointed out that the special provisions are necessary to provide the necessary protection to persons performing functions in which they are obliged to come into contact with the public. Collega Marghem noted that our society has become a lot more aggressive than it was about 50 years ago. Therefore, the measures proposed in the draft law are necessary.

Finally, colleague Borginon cited that he considers that there can be no discrepancy between Article 280 and the proposed Article 410bis of the Criminal Code.

Finally, the committee unanimously agreed to Article 410bis and from now on the penalty will be doubled for crimes or misconduct committed against a driver, an accompaniment, an inspector or a locker of a operator of a public transport network, a postal officer, a fireman, a member of civil protection, an ambulance, a doctor, a pharmacist, a kinetotherapist, a nurse, a member of the staff appointed for reception in the emergency services of the health institutions, a social worker or a psychologist of a public service. The same applies to students, students or their family members who commit aggression against employees of an educational institution. They can also expect a doubling of the penalty.

This was unanimously approved by the committee.

Mr. Verherstraeten was present. He spoke with me. I will give the word to someone else first. The following speakers are registered: Mr Claes, Schoofs, Marinower and Maingain.

Mr. Speaker, I will be brief. This bill is a step in the right direction. The Flemish Interest has taken positions in this regard for years and has made proposals in this sense. We can therefore be somewhat pleased that this legislative amendment is coming. Their

We can only hope that purple will follow the lines we have set out in the past in this area of criminal law in other areas of criminal law, but we see that there are often regrettable things to happen on the ground before the government wakes up. In this case, I remember, it was the Hammani case in which a police officer was deadly wounded and the perpetrator got out of it too well. For us, this one swallow ⁇ does not make the spring, but purple gets some credit from us at this point. We only hope that the line will be crossed, because that will ⁇ be necessary.

It is the turn of Mr. He wants to intervene, but he is not present at the moment.

I have been told that it is coming.

The government is present, but I also need parliamentary colleagues!

I can understand that. The gentlemen Claes, Verherstraeten, Maingain and Marinower are registered.

Mr. Marinower, you have the word, but with your vest on!

Mr. President, Mr. De

With the approval of this text, the legislature wants to send an important signal to our society.

With the regularity of the clock, we read in the media reports of aggression against health workers, doctors, family doctors, nursing staff and the like. Other occupational categories also do not escape the increasing violence. Let’s just think of drivers and/or accompanyers of buses, subways and the like.

The rise of all forms of aggression is a phenomenon that we see popping up everywhere and has unfortunately become a widespread social problem. People’s expectations are often increasing. In addition, the frustration threshold of people appears to be much lower than before.

Research shows that in the health world it is primarily the departments of emergency, intensive care and psychiatry that deal with increasing violence, which does not mean that the other departments are spared from aggression. According to some, this is due to various factors, such as alcohol and drug use, long waiting times, the impatience of the patients, but also the location of the hospital: depending on the location of the hospital, the number of incidents would increase or decrease. In fact, it goes so far that several hospitals have to call on an aggression coordinator to train the staff as well as possible to cope with that phenomenon.

Intra Muros, a hospital edition of the Journal du médecin, the French-language counterpart of the Artsenkrant, published results of a survey in late 1998 showing that more than 80% of doctors believed that the feeling of insecurity in hospitals has increased over the past decade. Furthermore, it found that 47% of those doctors had already experienced physical violence during a consultation, and that 8% of the nurses had been victims of physical aggression in that past year. In comparison with the pharmacists can be referred to the results of a survey conducted in September 2003 by the General Pharmaceutical Federation (APB). Here too, the figures speak for themselves. In the three years preceding that study, half of the pharmacists in Belgium have faced: at least one theft with vomiting, 29%; an act of vandalism, 16%; physical aggression, 20%; an armed and/or violent robbery, 19%.

The large number of aggression gives the pharmacists a sense of insecurity and even causes psychosis when they have weekend or night service.

Regarding public transport companies, the figures also show that violence and aggression have increased sharply in recent years. They actually pose a problem, not only for the organization itself but in the first place for the stakeholders involved. In fact, figures from 1999 showed that almost half of the work accidents involving train attendants were the result of violent confrontations with passengers. On the line, a similar evolution was observed.

The profession of health workers and certain other categories has actually evolved into a risky profession. However, they have an important role in our society. There is a certain paradigm here. They are in the weather to help other people but at the same time they are the target of aggression. This is why it is all the more incomprehensible that people turn against them.

The effects of such aggression cannot be denied. On the one hand, these effects work on the individual itself, with demotivation, less satisfaction, stress, damage to physical or mental health and post-traumatic symptoms. This aggression also affects the organization where the victim may be employed, citing that victims of such acts are increasingly unable to deliver their performance in an optimal manner. Concrete cases include long absences, lower productivity and investments that need to be made for the organization.

Currently, criminal law already provides for provisions on beating and injury and for a number of additional aggravating circumstances. However, the central question we can and must ask ourselves today is whether these provisions are sufficient. At the same time, the question is asked they also answer immediately. Just for this reason, the VLD has already wanted to give and give a clear signal in the past. The party has sought to provide an answer to the problems surrounding the aggression that a particular working population has faced more and more in recent years. The criminal legislature had failed in this area, we thought. More severe punishments must, in the first place, have a deterrent character. Everyone is warned that such acts will be severely punished and that if this prevention does not work, a stricter criminal approach will actually act as a stick behind the door. This requires the cooperation of police and justice. They should pay due attention to addressing this problem.

The VLD has never escaped its responsibility in this at any time and has submitted several proposals. The first proposal of the VLD, no. 1258, was largely taken over. The second proposal of the VLD, no. In 1586, it was even fully embedded in the draft government. Their

The third VLD proposal concerned violence against police officers, who are often the victims of violence, even more frequently than other occupational categories, since the nature of their professional activity in many cases requires them to engage in dangerous situations where, under certain conditions, violence can and should be used. Their

The most common of these hazardous situations are the resistance of civilians against their arrest, the dangerous behavior of disturbed or drugged persons, aggression due to a warning or a fine, and circumstances that, for some reason or other, attempt to make the action of the police impossible. It is therefore not more than normal that they too could enjoy better criminal protection. However, in the original version, nothing was provided to punish aggression against police officers. Their

Nevertheless, they must know that they are protected, despite all the risks associated with the profession they practice. Therefore, in the Chamber Committee on Justice, an extensive section has been added to the original design, just for the sake of providing some protection to police officers. Their

Mr. Prime Minister, Mrs. Minister of Justice, colleagues, the text on which we are going to vote so soon should not be the end point. Other measures are equally welcome. Repression is only part of the answer. Prevention should also be given the necessary attention. In particular, camera surveillance, closed driver cabins and training for victims to better cope with aggression can be thought of. Their

The draft law that we now present is therefore seen as a first but important step in the right direction. However, we must remain alert to phenomena that make our society unsafe, including new phenomena. As Parliament it is up to us to take responsibility and it is our duty to remain vigilant and to take further initiatives where necessary. Their

On 29 June 2004, the VLD submitted a proposal for a law by colleague Chevalier, among others, which also provided for a penalization of crimes against fellow passengers of public transport and taxi drivers. In fact, this is one of the measures that should be considered in the future. It would therefore also not be bad if a more optimal system would be found to ensure that the recording of such facts would be made better and more realistic. It could give a clearer picture of the problem, which is absolutely indispensable for policy. Their

The VLD, our group, is therefore positive to the proposed amendments. The draft has the full support of our group. We will approve the draft.

This bill is dealt with at the normal, anticipated hour. It was the third point on the agenda. I was searching for Mr. Maingain. Their

From Mr. Verherstraeten I know that he is in the house, because he came to greet me thereafter. I thank him for that. However, I do not see him. Mr. Dirk Claes is not there either. Their

I cannot let anyone speak who is not present here.

Mr. Speaker, I would like to thank the rapporteur and the speakers who highlighted the extreme importance of the bill aimed at supporting all workers who have a mission of collective interest and whose contact with the public exposes to obvious risks.

Many complaints have been filed lately. These complaints come from tram drivers, bus drivers, but also from doctors who perform guard services, and teachers.

It was therefore important that a project such as the one we are dealing with today could be voted by our Parliament.