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(Loi relative à l'épuration civique)

SECTION 1

Amendments to the Penal Code and the Military Penal Code

Article 1. Articles 123 ***ies, septies, octies and nonies of the
Penal Code are replaced by the following provisions:

Article 123 ***ies, paragraph 1

By derogation from Articles 31 and 32, death sentences or sentences to
hard labour, life or rigorous (extraordinaire) imprisonment for an
offence or attempted offence punishable under Volume II, Section 1,
Chapter II of the Penal Code and committed in time of war shall not
include a prohibition on the accused against exercising the rights
enumerated therein but shall ipso jure entail deprivation for life of:

1° the rights enumerated in the said Article 31, including the rights
to vote, to elect or to be elected;

...

6° the right to participate, in any capacity whatsoever, in the
ownership, administration, editing, printing or distribution of a
newspaper or of any publication if such participation has a political
character;

7° the right to participate in the management or administration of any
cultural, philanthropic or sporting activity or any public
entertainment if such participation has a political character;

8° the right to participate in the ownership or administration or any
other aspect whatsoever of any undertaking concerned with theatrical
production, films or broadcasting if such participation has a
political character;

...

Paragraph 2

...

The sentence may entail deprivation of rights for a period of ten to
twenty years if the penalty is rigorous imprisonment (réclusion) or
ordinary detention, or for a period of five to ten years if the
penalty is correctional. The period of deprivation laid down in the
judgment or sentence shall run from the day on which the sentence,
whether delivered after a full hearing or in absentia, becomes res
judicata.

Article 123 septies, paragraph 1

Any person sentenced to deprivation of rights under Article 123 ***ies
may apply for restitution of the rights enumerated in paragraphs 6 and
9 on condition that the said person:

1° is not under detention in execution of a penalty, and is not a
fugitive from justice nor in rebellion against the law (fugitif ou
latitant);

2° has paid the fines inflicted on him and acquitted himself of all
restitutions, damages and costs payments to which he has been
sentenced (the court may, however, release him from this condition if
he can prove that he cannot meet such payments either by reason of
poverty or for any other reason not imputable to him) and on condition
that;

3° twenty years have elapsed since the sentence was passed, in the
case of life deprivation of rights, ten years in the case of
deprivation for a period of ten to twenty years following a sentence
to a term of rigorous or ordinary imprisonment, or five years in the
case of deprivation for a period of five to ten years following a
sentence to a correctional penalty.

Paragraph 2

The application shall be made by registered letter addressed to the
Public Prosecutor (Procureur du Roi) of the domicile or place of
residence of the individual concerned, or, if the latter has neither
domicile nor residence in Belgium, to the Public Prosecutor of the
Brussels arrondissement.

The Public Prosecutor shall obtain such information as he considers
necessary and submit the application to the Court of first instance.

On receiving a summons, under registered postal cover, from the Public
Prosecutor, the individual concerned shall appear before the Court
sitting in private (Chambre du Conseil), either in person or
represented by an officer of the Court (avoué) or by Counsel briefed
by the Applicant (avocat porteur des pièces).

The summons shall indicate the Chamber before which the application
will be heard and the date and time at which the Applicant is to
appear. There shall be an interval of at least a week between the
date of notification and the date of the hearing. The date of
notification shall be the date of posting the summons.

If, after notification, the applicant fails to appear either in person
or represented by his Counsel or by an officer of the Court, the Court
may adjourn the case before sitting on the application, so as to allow
the Public Prosecutor (ministère public) time to issue a new summons.

The record of the case as kept by the Public Prosecutor shall be filed
with the Clerk of Court at least a week before the date fixed for the
hearing. The hearing procedure shall be the same as in a correctional
case.

There shall be no appeal from the judgment of the Court.

If the application is rejected in whole or in part it cannot be
renewed until two years have elapsed, since the date of the said
judgment.

...

Paragraph 3

Restitution of rights forfeited as a result of a sentence under the
preceding Article shall not be retrospective.

Article 123 octies

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Article 123 nonies

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Article 2

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Article 3. The Civic Black Lists Act of 14th June 1948 and the
Civic Black Lists (Amendment) Act of 29th February 1952 are hereby
repealed.

SECTION 2

Interim Measures

Article 4. Within the limits indicated below, deprivations of civil
and political rights incurred before the present Act enters into force
and in respect of offences committed between 26th August 1939 and
15th June 1949 shall be maintained:

Paragraph 1
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