Law 40 of 1993 (January 19)
Official Gazette No. 40726 of January 20, 1993
Whereby the national statute is adopted against kidnapping and other provisions. Summary
THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.
CRIMES IN PARTICULAR
ARTICLE 1o. Kidnapping for ransom. He who snatches, removes, withholds or conceals a person for the purpose of demanding for their freedom as a benefit or utility, or to be done or omitted something, or advertising or political purposes, be liable to imprisonment of twenty ( 25) to forty (40) years and a fine of one hundred (100) to five hundred (500) minimum monthly wages.
The same penalty will incur who snatches, removes, withholds or conceals a person of recognized notoriety or public influence. Effective Jurisprudence
. KIDNAPPING SIMPLE. Which for purposes other than those provided for in the preceding article, snatches, removes, withholds or conceals a person liable to imprisonment of six (6) to twenty (25) years and a fine of one hundred (100) to two hundred (200 ) minimum monthly wages.
If the purpose of the agent is to marry or get a sexual erotic purpose, shall be liable to imprisonment of one (1) to three (3) years. To proceed in this case part complaint is required. Effective Jurisprudence
ARTICLE 3. PUNITIVE aggravating circumstances. . The penalty prescribed in article 1 shall be increased from eight (8) and twenty (20) years if any of the said following circumstances:
1. If the offense is committed in sick or disabled person, or less than eighteen (18) years, or does not have the full capacity to self-determination or is pregnant.
2. If the victim is subjected to physical or mental torture or sexual violence during the time that remains kidnapped.
3. If the deprivation of freedom of kidnapped lasts longer than fifteen (15) days.
4. If the behavior towards relative to the fourth degree of consanguinity, fourth affinity or first civil, on spouse or partner or life partner, or taking advantage of the trust of the victim in the author or in one or more of the partners running.
For the purposes specified in this article, the affinity will be derived from any form of marriage or cohabiting.
5. When the offense is committed by person who is an employee or officer who is or has been a member of the state security forces.
6. If you committed in person who is or has been employed official, journalist or candidate for elected office and by reason of their duties.
7. When delivery or verification of the requirements is pressed, with threat of death or injury or serious act involving running common danger or serious harm to the community or public health.
8. When it committed for terrorist purposes.
9. When the utility is obtained, profit or purpose pursued by the authors or partners.
10. When seriously affect the goods or professional or economic activity of the victim.
11. When due or in connection with the kidnapping will come upon the victim's death or personal injury.
12. If you committed in person is or has been a community, trade union, political or religious leader.
13. If the act is committed using counterfeit arrest warrant or arrest or pretending to have it.
PARÁGRAFO. The penalty prescribed in article 2. of this Act, it shall be increased by half when concurriere any of the above circumstances. Effective Jurisprudence
ARTICLE 4. PUNITIVE ATTENUATION CIRCUMSTANCES. If within fifteen (15) days after the kidnapping, he'll leave voluntarily released the victim has been obtained without any of the purposes specified in article 1. of this Act, the penalty will be reduced to half.
In the event of Article 2., There shall be an equal reduction of sentence if the kidnapped, within the same term remaineth voluntarily released.
There shall be no attenuation if concurriere one of the circumstances described in paragraphs 2., 5., 6., 7., 10., and 11. of the previous article. Effective Jurisprudence
The 5th ITEM. CONCERT FOR KIDNAPPING. . Effective Notes
ARTICLE 6o. ILLICIT ENRICHMENT RESULTING FROM THE KIDNAPPING. Which directly or through an intermediary so obtain for himself or for another capital increase is not justified, provided that the act constitutes another offense, liable for that fact alone, in prison five (5) to ten (10) years, and a fine equivalent to the value of the illicit increase achieved, notwithstanding the provisions of Article 34 of the Constitution. Effective Jurisprudence
ARTICLE 7. FAVOURABLE. Which having knowledge of a crime of kidnapping and without prior agreement, I will help you evade authority, or impede an investigation, liable to imprisonment of one (1) to five (5) years.
Article 8. RECEIVING. The former cases of crime contest, hide or help hide or secure, or who used the product of a kidnapping liable to imprisonment of one (1) to five (5) years.
Article 9. OMISSION OF REPORTS. He who knows the plans or activities aimed at implementing a kidnapping refuse to give timely notice to the authorities, or declare it a kidnapping of whose authors or participants aware, shall incur the penalty established in the preceding article. Effective Jurisprudence
ARTICLE 10. FAILURE TO NOTICE. Which it refuses to give notice to the authorities of a kidnapping or disappearance of whose occurrence has direct knowledge, be liable to imprisonment of six (6) months to one (1) year.
The Attorney General's Office provide pertinent to be in secret the identity of who gives the notice described in this article. Effective Jurisprudence
SPECIAL RESEARCH ARTICLE 11. OBLIGATION. The judges and the competent authorities shall, ex officio, further investigations, when they become aware, by whatever means, that there has been a possible kidnapping or a disappearance has occurred.
Preliminary investigations tend to find out the fact of the abduction, and once there is evidence that such an offense has been committed shall proceed in accordance with the Attorney General's Office, to try to provide that the provisions of this Act in relation to the assets of the kidnapped people and Article 18 of this Law refers to.
the Attorney General's Office will have special surveillance and monitoring systems in cases of investigation and prosecution of kidnapping and disappearance of people.
ARTICLE 12. IMPROPER
CELEBRATION OF INSURANCE CONTRACTS. Who is involved in the conclusion of a contract that ensures the payment of ransom of a possible kidnapping or negotiation or mediation rescue a kidnapped order, be liable to imprisonment of one (1) to two (2) years. Effective Jurisprudence
CHAPTER II. BUSINESS PROCESS
ARTICLE 13. SEIZURE OF PROPERTY. The real or personal property that are used to snatch, remove, retain or hide a person for the purpose of demanding for their freedom as a benefit or utility, or to be done or omitted something or advertising purposes or character political or any other purpose, shall be confiscated and made immediately available to the Attorney General's Office, which, by resolution, may temporarily be allocated to the official service or entities legally instituted common benefit.
Person having a legally shown on the respective well, will have preference to receive on deposit or under any title not traslaticio domain. The competent authority decreeing the seizure, give immediate notice to interested parties to exercise their rights.
If the landlord was convicted as an author, participant or accomplice, the product benefits of such goods shall be applied to the prevention and suppression of kidnapping.
Can be ordered at any time by the same authority the return of property or the value of his effort, plus the benefits achieved from such property, if the case may be, to third parties, if cometh to try fully within the process that they had no role in the illicit use of that property. In any case, it will be up to these people show that confiscated property, or were not used, or were not even tacit authorization or in the commission of kidnapping.
Providence to order the return referred to in this article shall be consulted and shall take effect only after confirmation by the superior.
PARÁGRAFO. In the case of goods that are subject to property registration, the same authority must notify the seizure people enrolled in the registry.
ARTICLE 14. Amnesty and Clemency. In no event shall the author or partners of the crime of kidnapping in all its forms, can be benefited from amnesties and pardons or consequent cessation of proceedings or auto inhibitory, or may be considered kidnapping as an offense connected with a political offense, given its status as atrocious. Editor's Notes
ARTICLE 15. EXCLUSION OF BENEFITS AND surrogates. Except as provided in Article 17 of the Statute, Article 37 and the rebate confession under the Code of Criminal Procedure, the accused or convicted of offenses covered by this law are not entitled to the suspended sentence, conditional freedom or administrative surrogates. In cases of kidnapping, may not be granted the suspension of preventive detention or sentencing. Provisional release may only be granted for time served. Effective Jurisprudence
ARTICLE 16. TAXABLE
SANCTIONS TO PUBLIC SERVANT. The public servant, whatever their position or function, facilitate, promote or otherwise assist in the payment of ransom for the release of a kidnapped person shall incur grounds of misconduct that will lead to the removal from office or the loss of his investiture, and inability to exercise their public office for ten (10) years, without prejudice to any criminal penalties that may be applicable. Effective Jurisprudence
ARTICLE 17. BENEFITS COLLABORATION. For convenience evaluated by the Attorney General's Office, or the official designated by him, the penalties for offenses established in this Act will be slashed in half, when the accused or convicted cooperate effectively in clarifying the facts, or the capture of perpetrators or participants or the establishment of criminal responsibility for the crimes set forth in this statute.
In exceptional cases, and because of the effectiveness of collaboration, may be recognized in the suspended sentence, waived sentencing or the execution of that which may have been imposed, upon request of the Prosecutor General's Office or Vice-tax, pre-concept Attorney General's Office.
When collaboration allows for capture and deduct criminal responsibility who make criminal organizations, may be ordered or ordered estoppel or termination of proceedings by the Attorney General's Office.
If collaboration referred to in this article shall be effected, during the investigation stage, the prosecutor, in making the accusation, accompanied by the resolution of the minutes as agreed to with punitive reduction processing for the judge to dispense the worth recognizing this benefit. If done at the stage of trial, the Prosecutor will sign a protocol containing the agreement reached with the processing for granting the benefits referred to in this article, which will contribute to the process for the judge to recognize such benefits in the statement. If collaboration comes from convicted person, made the agreement between processing and the prosecutor who intervened in the proceedings, the minutes to the judge who is running the judgment to decrease the sentence or exonerate the condemned his execution be sent.
In the procedure in this article intervene necessarily the prosecution.
PARÁGRAFO. Punitive reduction referred to in this article will be it requested by the accused that the Prosecutor has under instruction or who is acting or has acted in the trial stage, who will meet with the petitioner and if they approach any agreement will sit the respective minutes.
Considering that exclusion is appropriate penalty, estoppel or discontinuance of the proceedings, the application shall be sent to the Attorney General's Office or the Vice-prosecutor, to determine the origin of these benefits and should be viable a record that the respective official to be sent determinations referred to the preceding paragraphs
sit Effective Decisions
POWERS OF ATTORNEY GENERAL OF THE NATION.
ARTICLE 18. ADMINISTRATIVE OVERSIGHT OF PROPERTY. Effective Jurisprudence
ARTICLE 19. ACTIONS AND EXCEPTIONS. Effective Jurisprudence
ARTICLE 20. SANCTIONS. Effective Jurisprudence
ARTICLE 21. REPORTS AND AUTHORIZATIONS. Effective Jurisprudence
ARTICLE 22. ATTORNEY FOR KIDNAPPING DELEGATE. Autorízace the Attorney General's Office to create the delegate prosecution for kidnapping or units of prosecution for the same purpose, whose functions shall among others, the investigation and prosecution before the competent courts of offenses under this Act , the administrative supervision of goods referred to in Article 18. in addition to the effective implementation of this Act is concerned.
The prosecution will also have powers to provide and pay rewards, as well as to protect witnesses and accused to cooperate with the prosecution.
PARÁGRAFO. The delegate prosecution for kidnapping or units of prosecution for the same purpose, will be provided with a dedicated coaching staff research prosecutor, who will have all the means and sufficient resources to carry out their work team and everything necessary to ensure their personal protection.
ARTICLE 23. POWERS OF ATTORNEY FOR INFORMATION. The official instructor, with the collaboration of security agencies of the state, control the acquisition of movable and immovable property, particularly of motor vehicles, bank allocations and other transactions carried out as unusual in the respective locality.
To that end, notaries, registration offices of public instruments, financial and banking institutions, offices of transit, and general trading companies, will provide information on particular when required or when they consider that there has been a situation that allows presume the possibility of transactions aimed at carrying out a kidnapping or cancel the value of a release.
CHAPTER IV. BANS
granting loans, guarantees and sureties. Effective Jurisprudence
ARTICLE 25. SANCTIONS TO NATIONAL AND FOREIGN COMPANIES. Without prejudice to any other sanctions that, when a manager of a national or foreign company or its delegate conceal or assist in paying the release of a kidnapping of an officer or employee thereof, or one of its subsidiaries, the Government will be empowered to declare the lapse of contracts the company has signed with state agencies. If the act is committed by an officer or representative of a subcontractor of the above, if it is foreign, the government ordered their immediate expulsion from the country. 1The national subcontractors shall be subject to the penalties provided in this Act.
PARAGRAPH 1.. National or foreign contractor to pay sums of money to extortionists will be liable to the penalties provided in this article. PARAGRAPH 2.
. Contracts entered the Colombian state entities with foreign and domestic companies carry a clause which includes the provisions in this article. Effective Jurisprudence
ARTICLE 26. INSURANCE CONTRACTS. Without prejudice to any other sanctions that may be applicable, the insurance contracts in any form is granted to cover the risk of payment for the release of a hostage, shall be ineffective and void, and insurance companies and brokers or intermediaries involved in their implementation, will be sanctioned by the Banking Superintendency, after administrative investigation, with not less than two hundred fine (200) minimum wages and not exceeding two thousand (2000) minimum monthly wages without prejudice to the provisions of Article 12 of this Law. Jurisprudence Effective
CHAPTER V. INTELLIGENCE AND GROUPS WORK JOIN
ARTICLE 27. INFORMATION ON INTELLIGENCE COORDINATION AGAINST kidnapping and extortion. The Minister of National Defence will form a team of security agencies of the State to coordinate the collection, analysis, evaluation and dissemination of the information required by the Attorney General's Office and other agencies responsible for investigating and punishing crimes committee extortion and kidnapping.
ARTICLE 28. MODIFICATIONS TO ARTICLE 44 OF THE CRIMINAL CODE. Article 44 of Decree Law 100 of 1980, Penal Code shall read as follows:
duration of the penalty: The maximum length of the sentence is:
-Prisión, up to sixty (60) years.
-Arresto, Up to five (5) years.
-Limitation Home, up to five (5) years.
-Interdicción Of rights and public functions, up to ten (10) years.
Prohibition of the exercise of an art, profession or occupation, up to five (5) years.
-Suspension Of parental authority, up to fifteen (15) years. Effective Jurisprudence
29. ARTICLE ON HOMICIDE. Article 323 of Decree Law 100 of 1980, Penal Code shall read as follows:
HOMICIDE. He who kills another liable to imprisonment of twenty (25) to forty (40) years. Effective Jurisprudence
ARTICLE 30. AMENDMENT TO ARTICLE 324 OF THE PENAL CODE. Article 324 of Decree Law 100 of 1980, Penal Code shall read as follows:
Article 324. Aggravating circumstances. The penalty shall be forty (40) to sixty (60) years in prison, if the act described in the preceding article is committed:
1. In the person of ascendant or descendant, spouse, adoptive or foster brother or relative within the second degree of affinity.
2. To prepare, facilitate or other punishable act; to hide, ensure your product or impunity for himself or for unitholders.
3. Through any of the conduct described in Chapters II and III of Title V of Book II of this Code.
4. Price, promise of remuneration, profit or other heinous or trivial reason.
5. Using unimpeachable activity.
6. With sevicia.
7. Placing the victim in a position of helplessness or inferiority or taking advantage of that situation.
8. Terrorist purposes, developing terrorist activity or person who is or has been a public servant, journalist, candidate for elected office, community, union, political or religious leader; Member of the security forces; university professor, diplomatic or consular agent in the service of the Nation or accredited to it, because or by reason of their office or position, or by reason of the performance of their duties, or any inhabitant of the country for their beliefs or political opinions; or his relatives within the fourth degree of consanguinity, affinity or first civil. Effective Jurisprudence
ARTICLE 31. AMENDMENT TO ARTICLE 28 OF THE CRIMINAL CODE. Effective Notes
ARTICLE 32. AMENDMENT OF ARTICLE 355 OF THE PENAL CODE. Article 355 of Decree Law 100 of 1980, Penal Code shall read as follows: ARTICLE 355.
extortion. Whoever compels another to do, tolerate or ignore something, with the purpose of obtaining illegal profit for himself or for a third party liable to imprisonment of four (4) to twenty (20) years.
The sentence is increased by one third to half if the constraint is consist threat to execute act which may arise calamity, misfortune or common danger.
If the purpose or objective pursued by the agent is to facilitate terrorist acts constricting to another by threats to make, supply, tolerate or ignore something, the penalty shall be twenty (20) to thirty (30) years imprisonment, fine one thousand (1000) to two thousand (2000) minimum monthly wages.
. Effective Notes
Similarly, who knowing of the plans and activities of one of these groups or organizations of persons with respect to the crime of extortion, omits promptly report those to the authority, or not denounce extortion of whose authors or participants aware, incur the penalty prescribed in the first paragraph diminished by half. Effective Jurisprudence
ARTICLE 33. OFFICIAL EMPLOYEES. The official employee who fails, refuses, delay or deny an act of their duties in relation to the prevention, investigation or prosecution of extortion or kidnapping, liable to imprisonment of two (2) to ten (10) years and interdiction rights and public office for the same term. Effective Jurisprudence
CHAPTER VII. MISCELLANEOUS PROVISIONS
ARTICLE 34. Monitoring Commission. Hereby created a commission consisting of three (3) Senators and three (3) representatives, members of the First Commissions of each House and appointed by these committees, to be responsible for monitoring against kidnapping governmental and judicial policies and behavior authorities and judges, regarding their obligations to this crime. The Commission may request reports and suggest actions and policies on this issue. Similarly, the Commission shall be responsible for receiving, evaluating and to inform national and international public opinion, cases of violation of human rights of the hostages. Effective Jurisprudence
ARTICLE 35. ASSISTANCE PROGRAMS. The National Government subject to the development plan, take the kidnapped and their families, designed and operated by state agencies or with the assistance of private institutions that are able to advance these tasks out comprehensive assistance programs. Effective Jurisprudence
ARTICLE 36. PUBLIC CAMPAIGNS. The Ministry of Justice in coordination with the Ministry of Communications, advertising and institutionalize all kinds, aimed at preventing and combating the crime of kidnapping campaigns and spread the content, objectives and implementation of this Act. || |
ARTICLE 37. BUDGET TRANSFERS AND ADDITIONS. Autorízace the National Government to verify budgetary transfers and additions necessary to comply with this Act.
providing effective collaboration investigators and judicial authorities to allow the capture of the kidnappers may obtain the benefits granted by the special program for the protection of collaborators of justice and receive the exchequer by way of gratification the equivalent of what the state deems exempt from any tax in the respective tax year.
Repealed Article 39 paragraph 3 of Article 28 of Decree Law 180 of 1988 adopted as permanent legislation by Article 4 of the Extraordinary Decree 2266 of 1991 which states: "If the death of one or more persons occurs, the penalty is twenty (20) to thirty (30) years and a fine of fifty (50) to two hundred (200) minimum monthly wages ".
ARTICLE 40. TERM AND SCOPE. This Law governs from its promulgation, amending and repealing all provisions which are contrary.
The President of the Senate of the Republic,
TITO E. WHEEL GUARÍN,
The Secretary General of the Senate of the Republic.
Pumarejo Pedro Vega,
The President of the Chamber of Representatives,
CÉSAR PÉREZ GARCÍA,
The Secretary General of the Chamber of Representatives,
Diego Vivas Tafur.
Republic of Colombia - National Government
published and executed.
Given in Bogotá DC, nineteen (19)
day of January in 1993 (1993).
César Gaviria Trujillo Justice Minister, Andrés González Díaz