CHAPTER VII TRANSITIONAL PROVISIONS AND ENTRY INTO FORCE
Article 29
1. Without prejudice to the provisions of paragraph 2, this Act shall enter into force on the date of its publication in the Moniteur belge (official gazette).
2. Article 136 quater, paragraph 3, and the last paragraph of article 136 quinquies of the Criminal Code, which was inserted by articles 8 and 9 respectively of this Act, shall enter into force on the date on which the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague on 26 March 1999, enters into force for Belgium.
3. Cases into which a criminal investigation is underway on the date of the entry into force of this Act and which relate to offences referred to in Book II, Title I bis of the Criminal Code shall be dismissed by the federal prosecutor within thirty days of the entry into force of this Act if they do not meet the criteria laid down in articles 6(1) bis, 10(1) bis and (12) bis of the preliminary Title of the Code of Criminal Procedure.
Cases into which a preliminary judicial investigation is underway on the date of the entry into force of this Act and which relate to offences referred to in Book II, Title I bis of the Criminal Code shall be transferred by the federal prosecutor to the Principal Crown Prosecutor at the Court of Cassation within thirty days of the entry into force of this Act, with the exception of cases regarding which an investigative measure has taken place as at the date on which this Act enters into force, on the proviso that either at least one plaintiff was of Belgian nationality at the time that proceedings were instituted, or at least one suspected perpetrator has his or her principal residence in Belgium on the date of entry into force of this Act.
Within the same time limit, the federal prosecutor shall send a report on each of the cases transferred, indicating the absence of conformity with the criteria laid down in articles 6(1) bis, 10(1) bis and (12) bis of the preliminary Title of the Code of Criminal Procedure.
Within fifteen days of the transfer of such a case, the Principal Crown Prosecutor shall apply to the Court of Cassation for the deferral of the case from the jurisdiction of the Belgian courts within thirty days of hearing the federal prosecutor, and, at their request, the plaintiffs and those against whom charges have been brought by the investigating judge seized of the case. The Court of Cassation shall give judgment on the basis of the criteria laid down in articles 6(1) bis, 10(1) bis and (12) bis of the preliminary Title of the Code of Criminal Procedure.
The Belgian courts shall remain competent to hear cases that have not been dismissed pursuant to the first paragraph of paragraph 3 of this article, or whose withdrawal from Belgian jurisdiction has not been pronounced pursuant to the preceding paragraph.
We promulgate this Act and order that it be stamped with the seal of State and be published in the Moniteur belge.
Done at Galaxidi, 5 August 2003
EDIT.