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confirmed the judgment in all other respects, including the forfeiture
of the rigths enumerated in Article 123 ***ies of the Penal Code.

3. Loss of civil and political rights for offences against the
external security of the State were introduced into the Belgian Penal
Code by the Legislative Decree of 6th May 1944, whose Article 2
provided as follows:

"The following provisions shall be added to Vol. II, Section 1,
Chapter II, of the Penal Code:

1. An Article 123 ***ies worded as follows:

Any person sentenced to a penalty exceeding five years' imprisonment
for an offence or attempted offence under Vol. II, Section 1,
Chapter II, of the Penal Code or Articles 17 and 18 of the Military
Penal Code, committed in time of war, shall, ipso jure, be deprived
for life of the following rights:

(a) the rights set out in Article 31 of the Penal Code, including the
right to vote and the right to be elected;

(b) the right to appear on any roll of barristers, honorary counsel or
probationary barristers;

(c) the right to take part in any capacity whatsoever in instruction
provided by a public or private establishment;

(d) the right to receive remuneration from the State as a minister of
religion;

(e) the right to have a proprietary interest in or to take part in any
capacity whatsoever in the administration, editing, printing or
distribution of a newspaper or any other publication;

(f) the right to take part in organising or managing any cultural,
philanthropic or sporting activity or any public entertainment;

(g) the right to have proprietary interest in, or to be associated
with the administration or any other aspect of the activity of any
undertaking concerned with theatrical production, films or
broadcasting;

(h) the right to exercise the functions of director and/or manager or
authorised representative of a private company, limited shareholding
partnership, co-operative society or credit union; the functions
of manager of a Belgian establishment, under Article 198 (2) of the
consolidated Commercial Companies Acts; to follow the profession of
stockbroker, broker's agent or bank auditor, the profession of
banker, or exercise the functions of director, governor, manager or
authorised representative of a bank as defined in Royal Decree No. 185
of 9th July 1935, or those of manager of the Belgian branches of
foreign banks specified in Article 6 of Royal Decree No. 185 of
9th July 1935;

(i) the right to be associated in any way with the administration,
management or direction of a professional association or a
non-profit-making association;

(j) the right to be a leader of a political association.

2. An Article 123 septies worded as follows:

Any person sentenced to a correctional penalty of eight days or
more for an offence or attempted offence mentioned in Article 123
***ies shall ipso jure be temporarily debarred from exercising his
right to vote, to stand for election or to be elected.

The said disability shall cease ten years after conviction if the
sentence was of less than one month's imprisonment, and twenty years
after conviction if the sentence was of one month's imprisonment or
more.

If the correctional penalty exceeds one year's imprisonment, the
convicted person shall in addition be debarred ipso jure from
exercising the other rights referred to in Article 123 ***ies.

Suspension of the exercise of these other rights shall cease ten years
after conviction where the sentence was less than three years'
imprisonment and twenty years after conviction where the sentence was
three years' imprisonment or more."

4. The report to the Council on the Legislative Decree of
6th May 1944 contains the following explanations:

"Article 2 also provides for the prohibition or suspension of the
exercise of certain rights by persons convicted of crimes against the
external security of the State.

Such prohibition and suspension following upon conviction of an
offence against the external security of the State constitute
preventive measures vis-à-vis those persons who have contributed to
placing their country in peril. Such persons are removed, for a
period which varies according to the seriousness of the offence, from
all activities in the national life where their action or influence
might revive that peril ...".

"... Thus, unlike the deprivation or suspension of rights prescribed in
Articles 31 et seq. of the Penal Code, those prescribed in
Article 2 (1) and (2) (123 ***ies and 123 septies) of the draft are
not penalties. They are measures of a civil character, originating in
the law itself.

The rigths, the exercise of which is prohibited for life or suspended,
are listed in Article 2 (1) (123 ***ies).

Paragraphs (b), (c), (d), (e) and (f) safeguard the nation's
spiritual, cultural and scientific heritage ..."
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