Projet de loi modifiant le Code pénal et le titre préliminaire du Code de procédure pénale en ce qui concerne la responsabilité pénale des personnes morales.
General information ¶
- Authors
-
CD&V
Sonja
Becq,
Leen
Dierick,
Raf
Terwingen,
Servais
Verherstraeten
MR Philippe Pivin - Submission date
- Jan. 21, 2015
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- municipality legal person criminal law criminal liability representative of local or regional authority
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA LDD MR PVDA | PTB PP VB
Contact form ¶
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Discussion ¶
July 5, 2018 | Plenary session (Chamber of representatives)
Full source
President Siegfried Bracke ⚙
The rapporteurs are Mrs Özen and Lachaert and Van Hecke. They all refer to the written report.
Raf Terwingen CD&V ⚙
The proposed law has been in place for decades. I insist on dropping the name of Michel Doomst. This has already begun in the federal parliament. I have taken the initiative from him and we have also struggled with it for four years in this legislature.
I do not doubt that Mr. DeGroote will subsequently deal with the matter more substantially.
I would like to submit the proposal to the colleagues who are currently or in the upcoming legislature ships or mayors.
Koenraad Degroote N-VA ⚙
I have also prepared a brief speech. The bill remedies the problem that public law legal entities cannot be prosecuted, while that can be done for mandatarists.
Since the uncertainty in the matter has caused a lot of trouble among local mandators and it is difficult for a civil party to obtain compensation in certain situations, there has been a demand from the VVSG and the insurance sector to do something about this. A new regulation was developed, based on several proposals. Ultimately, the choice to go to a summons was placed on the Prosecutor’s Office, which can choose either the summons of the legal person or the summons of the mandatar.
For the civil party, the possibility to prosecute the legal person offers the advantage of continuity; a mandataris can change any legislature.
In addition, the input of the various proposals was that a mandataris would not just end up on the penalty bench, allowing him to sleep a little more comfortable.
However, there is still a possibility to prosecute the mandatar. The proposals differed somewhat. Nevertheless, instead of cuddling, we have come to a compromise. Everyone who has worked in this work deserves praise and appreciation. Also the State Council and experts, who were heard, felt that the choice should be left to the prosecutor’s office.
We have provided an evaluation period. After a while, we will actually see if the proposal meets our plan.
An amendment was also submitted that would allow municipal governments not to be sentenced to a fine but to a simple declaration of guilt.
In short, the text means a whole step forward. I would like to thank all members who contributed to the preparation of the proposal.