Law 62 1993

Original Language Title: LEY 62 de 1993

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1993 LAW 62

(August 12)

Official Journal No. 40,987 of 12 August 1993

For which rules on the National Police are issued, a public establishment of social security and welfare is created for the National Police, the Superintendence of Surveillance and Private Security is created and is Extraordinary powers to the President of the Republic.

THE CONGRESS OF THE REPUBLIC OF COLOMBIA

DECRETA:

TITLE I.

GENERAL PRINCIPLES

ARTICLE 1o. PURPOSE. The National Police, as an integral part of the authorities of the Republic and as a permanent armed body of civil nature, in charge of the Nation, is established to protect all persons residing in Colombia, in their life, honour, property, beliefs and other rights and freedoms and to ensure the fulfilment of the social duties of the State and of individuals. Likewise, for the maintenance of the necessary conditions for the exercise of public rights and freedoms and to ensure that the inhabitants of Colombia live together in peace.

Police's activities are aimed at protecting fundamental rights as contained in the Political Constitution and in international conventions, treaties and conventions of Human Rights, signed and ratified by Colombia. Police activity is governed by the Constitution, law and human rights.

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ARTICLE 2o. PRINCIPLES. The public service of police is based on the principles of equality, impartiality, citizen control and publicity through decentralization, delegation and deconcentration of functions. Therefore, the interest in maintaining social harmony, citizen coexistence, mutual respect between people and from them to the State, gives police activity an eminently communal, preventive, educational, ecological character, solidarity and judicial support.

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ARTICLE 3o. LIMITS OF POLICE ACTIVITY. No police activity can be contrary to those who exercise their right, but to those who abuse it.

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ARTICLE 4. IMMEDIACY. Every person has the right to immediate protection against any criminal or contravenonal manifestations and the duty to cooperate with the authorities.

TITLE II.

NATURE AND SUBORDINATION OF THE NATIONAL POLICE

CHAPTER I.

NATURE

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ARTICLE 5o. DEFINITION. The National Police is an armed body, established to provide a permanent public service of a civil nature and in charge of the Nation. Its primary purpose is to maintain the necessary conditions for the exercise of public rights and freedoms to ensure citizen peace.

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ARTICLE 6o. POLICE PERSONNEL. 1o of Law 180 of 1995. The new text is as follows: > The National Police is made up of Officers, Executive Level staff, Sub-Officers, Agents, Alumni and by whom they provide the mandatory military service at the Institution, as well as the servers Non-uniformed public, belonging to it, some and others subject to their own rules of career and discipline in the form that the law establishes at all times.

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ARTICLE 7o. PROFESSIONALISM. Police activity is a profession. Their servers must receive an integral academic training, in such a way as to allow them a professional, cultural and social promotion, with an emphasis on human rights, ethical, ecological, leadership and community service.

Every member of the National Police, according to his rank, will be fully trained in academies and integrated specialized training centers. Their technical and academic training will cover, among others, notions of law and training in rescue and citizen aid.

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ARTICLE 8o. uniformed personnel of the National Police, whatever their specialty or circumstance in which they are, have an obligation to intervene in the case of the Police, in accordance with the Political Constitution, This Statute and other legal provisions.

CHAPTER II.

SUBORDINATION

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ARTICLE 9o. THE PRESIDENT. The President of the Republic, as the supreme administrative authority, is the chief of the National Police, an attribution that he can exercise through the following instances:

a. The Minister of National Defence

b. The Director General of Police

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ARTICLE 10. FROM THE MINISTER OF DEFENSE. For the purposes of direction and command, the National Police is dependent on the Minister of Defense.

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ARTICLE 11. FROM THE DIRECTOR GENERAL OF THE POLICE. The Director General of the National Police is free to appoint and remove the President of the Republic. To be the Director General of the Institution, it is required to be a general officer of the Police, in active service, in the specialties of urban police, rural police or judicial police.

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ARTICLE 12. FROM THE POLITICAL AUTHORITIES. The Governor and the Mayor are the first Police authorities in the Department and the Municipality, respectively. The National Police will promptly and diligently comply with the orders you are ordering, which will be delivered to you through the respective commander or who will do your time.

Governors and mayors should design and develop comprehensive security plans and strategies with the National Police, addressing the needs and circumstances of communities under their jurisdiction.

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ARTICLE 13. OF DEPARTMENTAL AND MUNICIPAL COMMANDERS. The operational command will be exercised by departmental and municipal commanders.

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ARTICLE 14. FROM THE NATIONAL COUNCIL OF POLICE AND CITIZEN SECURITY. Create a National Police and Citizen Security Council that will develop the following functions:

-Recommend State policies on community security, establishing plans and responsibilities among the different entities involved

-Adopt and arrange measures to meet the needs of the National Police, for the effective implementation of its mission.

-Establish and adopt internal review mechanisms, aimed at assessing, controlling and improving service delivery.

-Coordinate and monitor the development of the various inter-institutional actions, depending on the policies established in police matters and citizen security.

-In a balanced way, the police will have a balanced role to play in the prevention and control aspects of crimes and violations, as well as to make recommendations related to the police service and general security.

-Recommend policies and technical standards that guarantee the transparent, efficient and timely handling of the information available to you, in accordance with the legal norms.

-Request and attend to the reports presented by the Director General of the National Police, making recommendations on them.

-Velar because the police institution, as an organization of civil nature, fulfills its primary purpose of maintaining the necessary conditions for the exercise of public rights and freedoms, ensuring that the inhabitants of Colombia live together. in peace.

-Exorder your regulations and exercise the other functions that are of their nature.

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ARTICLE 15. CONFORMING. The National Council of Police and Citizen Security is made up of:

-The President of the Republic

-The Minister of Government

-The Minister of Defense

-The Minister of Justice

-The Director General of the National Police

-The National Commissioner for Police

-A Governor

-A Mayor.

Assistance will be personal and direct.

Governor and the Mayor will be appointed by the National Conference of Governors and the Colombian Federation of Municipalities, respectively. Their choice will be for the term of one year and they will not be re-elected during their legal period.

The Attorney General, the Attorney General, and the Ombudsman may be invited to attend. They may also be invited to participate in the Council, citizens, spokespersons of the guilds, non-governmental associations or officials who, for reasons of the issue to be considered, are required by the President of the Republic.

This Council will meet in ordinary session at least three times a year.

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ARTICLE 16. RESPONSIBILITIES AND OBLIGATIONS OF GOVERNORS AND MAYORS IN RELATION TO POLICE COMMANDERS.

1. Propose police measures and regulations, in accordance with the Constitution and the Law, to the Departmental Assembly or the Municipal Council, as the case may be, and to ensure compliance.

2. To give orders to the National Police on the service, through the respective commander.

3. Have the respective Police Commander the urban and rural surveillance service.

4. Promote in coordination with the Police Commander programs and activities aimed at strengthening respect for human rights and civic values.

5. Request the police commander to report on the activities carried out by the institution in its jurisdiction.

6. Issue a concept on a regular basis about the performance of the Police Commander.

7. Convene and preside over the departmental or municipal security council and develop the public safety and public security plans approved by the respective Council.

8. Verify compliance with the National Police Code and Regional Codes regarding the knowledge and correction of violations by the Station Commanders.

9. Request the reasoned change of the Commander-in-Chief of the Police who is in the exercise of his duties.

10. Ask the competent authorities to investigate disciplinary officers, non-commissioned officers and agents who provide their services in the respective jurisdiction.

11. Analyze the needs of the National Police and promote to the Departmental Assembly or the Municipal Council, as the case may be, the allocation of budget items for the purpose.

PARAGRAFO 1o. The creation of committees, at departmental level, chaired by the Governor and also integrated, by the commander of the police department and metropolitan in his case, the mayor of the city, is authorized. capital, two other mayors and the department's finance secretary, in order to analyze the national budget assigned to the unit and based on this request, through the competent authorities, to the Assembly and to the Councils Municipal, the necessary budgetary support.

PARAGRAFO 2o. As established by the National Constitution, for the preservation of public order and its restoration where it is disturbed, the acts and orders of the President of the Republic shall be applied in a manner immediately and preferably on those of the governors and mayors; as well as the acts and orders of the governors will be applied in the same way, and with the same effects, in relation to those of the mayors.

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ARTICLE 17. DUTIES AND OBLIGATIONS OF THE POLICE COMMANDERS IN RELATION TO THE POLITICAL AND ADMINISTRATIVE AUTHORITIES OF THE DEPARTMENT AND THE MUNICIPALITY.

1. Recognize the governor or the mayor, once elected and possesionados.

2. Assume its role before the governor or the mayor, once it is assigned to the corresponding jurisdiction.

3. To present to the governor or the mayor the security plan of the police in the respective jurisdiction, as well as the results of the operations aimed at combating criminality in the department or municipality.

4. Inform the governor or the mayor on a daily basis about the situations of alteration of the public order in the jurisdiction and advise them in the solution of the same.

5. Report periodically and timely to the governor or mayor, as the case may be, on police force foot movements within the respective jurisdiction.

6. To attend the Departmental or Municipal Security Council and to implement the plans that the respective Council has in the matter of the Police through the Governor and the Mayor. This assistance is inselectable.

7. Provide support and advice to the Governor or Mayor in the implementation of the measures provided for in the Police Codes.

8. Propose to the mayor the closure of public establishments, in accordance with the provisions of the National Police Code.

9. For exceptional security reasons, recommend to the Governor or the Mayor for approval, temporary restrictions on traffic through roads and public spaces.

10. Submit reports to the mayor on public service deficiencies.

11. To meet the requirements by which the governor or the mayor requests the initiation of disciplinary investigations against members of the institution, to present the final results of such investigations.

TITLE III.

GENERAL STRUCTURE AND FUNCTIONS

CHAPTER I.

STRUCTURE

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ARTICLE 18. STRUCTURE. 8 Decree 1686 of 1997 >.

CHAPTER II.

FUNTIONS

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ARTICLE 19. GENERAL FUNCTIONS. The National Police is established to protect all persons residing in Colombia, to guarantee the exercise of public freedoms and the rights that arise from them, to provide the assistance required by the enforcement of laws and judicial and administrative provisions, and to exercise, on a permanent basis, the functions of: Judicial Police, in respect of crimes and violations; educational, through guidance to the community in respect of the law; preventive, the commission of punishable acts; of solidarity, between the police and the community; care for the child, urban, rural and civic surveillance; prison coordination; and surveillance and protection of natural resources related to the quality of the environment, ecology and public order, in urban areas and rural.

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ARTICLE 20. DEVELOPMENT OF THE STRUCTURE. The National Government shall develop the structure referred to in Article 18 and the functions set out in the previous Article taking into account criteria that respond to the specialization of the police career, effectiveness and development of mechanisms for community participation.

TITLE IV.

CONTROL MECHANISMS.

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ARTICLE 21. NATIONAL COMMISSIONER. Create the position of National Commissioner for Police, which will have the objective of exercising the supervision of the disciplinary and operational regime and dealing with the complaints of the citizenry, without prejudice to the vigilance that the police have control bodies.

The National Police Commissioner will exercise the functions of citizen oversight and surveillance of the disciplinary regime and police operations, verifying strict compliance with laws, decrees, regulations, resolutions, directives, provisions, orders and other rules issued by the Director-General for the proper functioning of the structural organic units of the institution and of the institution as a whole.

These activities will be met with functional dependence on the Directorate-General, on operational and coordination aspects related to the disciplinary regime.

National Government will determine the structure of the Office of the National Commissioner for the National Police, as well as the functions inherent in his office.

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ARTICLE 22. QUALITIES OF THE NATIONAL COMMISSIONER FOR POLICE.

The National Police Commissioner will be a non-uniformed official, who will gather the qualities to be a magistrate of the Supreme Court of Justice.

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ARTICLE 23. APPOINTMENT OF THE NATIONAL COMMISSIONER TO THE POLICE. The National Commissioner for Police will be appointed by the President of the Republic, who is made up of the National Council of Police and Citizen Security. The selection will be made in a meeting to which the Director General of the National Police will not attend. The Commissioner will be discretionally removed by the President of the Republic.

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ARTICLE 24. DUTIES OF THE NATIONAL COMMISSIONER FOR THE POLICE. They are the functions of the National Commissioner for Police:

1. Analyze the universe of complaints that citizens make about the operation of the Police and propose policies and procedures to give them a proper course.

2. Receive and deal with complaints from the public and political authorities regarding the police service.

3. To be the ultimate instance of internal disciplinary surveillance and control.

4. Order and supervise criminal investigations against members of the National Police for acts committed at acts or at the time of the service, in order to ensure an early and accomplished justice.

5. To monitor the conduct of the members of the institution, carrying out the necessary controls, to make corrections, to change behaviors and to improve behavior, all in order to guarantee the performance, ethics, discipline and effectiveness, exercising the disciplinary powers in accordance with the jurisdiction laid down in the regulation.

6. Ensure that operational activities are carried out within the framework of legality, in accordance with the established plans, ensuring effective results in the provision of services to the community, and verifying the strict compliance of the Constitution, laws, decrees, regulations, resolutions, directives, provisions, orders and norms for the proper functioning of the police units at national level.

7. Submit an annual report to Congress.

8. Assess and make diagnoses on the problems of the institution and take urgent and effective measures for its solution.

9. The other functions inherent in the position and the procedures to be determined by the Government.

TITLE V.

NATIONAL CITIZEN PARTICIPATION SYSTEM.

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ARTICLE 25. NATIONAL SYSTEM. The National Police will develop a comprehensive national system of citizen, institutional and decentralized participation, in order to strengthen the relations between the citizen and the institution, establishing mechanisms They will allow the expression and the treatment of different sectoral and regional interests that are related to the police service and to the citizen's security.

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ARTICLE 26. NATIONAL POLICE AND CITIZEN PARTICIPATION COMMISSION. Create the National Police Commission and Citizen Participation as a mechanism of the highest level to guide and control the relations between the citizenry, the National Police and the administrative authorities. The purpose of this committee is to meet the needs of various social groups in relation to the police, to issue opinions on the set of procedural and behavioural rules governing the services of the institution and promote the research to be done.

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ARTICLE 27. COMPOSITION. The National Police Commission and citizen participation will be integrated by:

-The Minister of National Defense

-The Minister or Ministers designated by the President of the Republic under the circumstances.

-The Director of the National Police

-The National Commissioner for Police

-The Community Participation Subdirector

-The Ombudsman

-A Governor Delegate to the National Governors Conference.

-A Mayor delegated by the Colombian Federation of Municipalities

-The President of the Federation of Non-Governmental Organizations

-A representative of the social media.

-A union industry representative

-A trade representative for each sector as well: trade, industrial and agricultural production, and services and transportation.

-A representative of the peasantry appointed by the respective organizations.

-A representative of the indigenous communities designated by the respective organizations.

-A representative of the black communities designated by the respective organizations.

-A representative who designates the communal movement

-A representative of the universities

-A representative of youth movements

-A representative of women's organizations

-A representative of Human Rights organizations

-A representative of the educators ' organizations

-A representative of the police withdrawal agents.

-A representative of the third age organizations.

-A representative of the limited physicists.

PARAGRAFO. The President of the Republic, by decree, will determine the choice of the delegates in those sectors that do not have it established and will endorse the designations of the non-governmental representatives of civil society. before the National Commission.

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ARTICLE 28. FUNTIONS. These are the basic functions of the National Police Commission and Citizen Participation:

1. Propose policies to strengthen the preventive action of the Police in the face of society, as well as to prevent the commission of faults and crimes by members of the institution.

2. Propose policies and mechanisms aimed at determining in priority an ethical, civil, democratic, educational and social orientation in the Community-Police relationship.

3. Supervise the conformation and activity of departmental and municipal commissions, which will be established in the development of this law. The National Government may at any time suspend or dissolve such commissions for reasons of public order or when special circumstances so warrant.

4. Promote citizen participation in the police affairs at the national, departmental and municipal levels.

5. Recommend the design of mechanisms, plans and programs to ensure community engagement with the Police.

6. Channel through the entire national system of citizen participation the complaints and complaints of natural and legal persons and of the political-administrative authorities before the National Commissioner for Police.

7. Propose and coordinate with the Ombudsman the development of educational programs in the Police and the community on human rights.

8. Recommend programs for development, health, housing, education, and welfare of the institution's staff.

9. Propender because the personnel of agents of the National Police provide the service in their regions of origin.

10. Recommend policies to ensure the transparent, efficient and timely management of information collected and managed by the Police in areas of public interest.

PARAGRAFO The Government will point out related and complementary functions to the above.

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ARTICLE 29. DEPARTMENTAL AND MUNICIPAL COMMISSIONS. In the departments, municipalities, and localities that require it, there will be commissions for citizen participation presided over by governors, mayors, and the corresponding authorities. The composition of the committees shall be determined by the Government, after the respective political-administrative authorities.

TITLE VI.

GENERAL PROVISIONS

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ARTICLE 30. RELATIONS WITH THE MILITARY FORCES. In its relations with the Military Forces, the National Police will proceed in accordance with constitutional and legal precepts.

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ARTICLE 31. SUPPORT FROM DEPARTMENTAL AND MUNICIPAL AUTHORITIES. The departmental and municipal authorities will be able to contribute to the acquisition of equipment, endowments, improvement of facilities, fiscal housing, logistic and welfare support of the National Police. They may also enter into agreements with the nation to improve public safety without prejudice to the obligations of that nation.

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ARTICLE 32. BUDGET RESOURCES. The National Government will appropriate the necessary fiscal resources to ensure the immediate compliance with this law.

The National Government will establish the guidelines and criteria under which Article 13 of Law 4 of 1992 will be developed. The salary level for agents with more than five (5) years of service will be anticipated for 1994 and 1995.

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ARTICLE 33. SOCIAL SECURITY. Create a Public Establishment of the national order to address social security and welfare for the National Police, attached to the Ministry of Defense, responsible for developing the following programs:

a. Health

b. Education

c. Recreation

d. Own housing and tax housing

e. Job retraining and allowances for the physically disabled.

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ARTICLE 34. SURVEILLANCE AND PRIVATE SECURITY SUPERINTENDENCE. Create the Superintendence of Surveillance and Private Security attached to the Ministry of Defense.

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ARTICLE 35. EXTRAORDINARY POWERS. Pursuant to Article 150 of the Political Constitution, review the President of the Republic of Special Powers, up to for the term of six (6) months counted from the enactment of this law, for the following purposes:

1. Modify the career rules of officers, non-commissioned officers and National Police officers in the following areas:

a. Hierarchy, classification, and scale. As for officers and non-commissioned officers, the Government will determine the hierarchical levels, the classification and the requirements for access to each of them.

In terms of the agents, a step will be established that will allow greater motivation and better preparation of the agent, depending on the experience, the good performance and the continuing education, which will be given through refresher courses, evaluations and promotions at least every five years.

b. Staff administration. It will be developed in the following ways:

-Ascensuses

-Destination

-Transports

-Commissions and licenses

-Selection and income. The minimum academic condition for admission will be the classic baccalaureate or its equivalent for any race. The minimum income age will be 18 years and a maximum of 24 years for agents.

Agents may also be allowed to enter the course of agents who have distinguished themselves during the service, without the requirement of the baccalaureate. Individuals up to the age of 30 may also be selected for their outstanding career in civic and social service activities such as the Seine, Civil Defense, Fire, Red Cross, health services, sports, recreational, ecological and the like. as long as they are high school. There will be no discrimination for income.

-Training. The training of the staff of the Institution shall encourage the assessment of the individual, in accordance with Article 7 of this Law. As for the officers and non-commissioned officers, in addition, it will be sought to increase the intensity and duration of the courses with the emphasis above.

In relation to the agents, the training course shall not be less than 18 months, distributed in four cycles: a first cycle of one year and three additional cycles of two months after each of the years following the completion of the first year.

The promotions for officers and non-commissioned officers will be produced after updating courses where the basic and formative principles of this Law are emphasized with greater intensity and emphasis.

The government will determine for the agents the number of degrees of the scale, which will be taken into account for the salary levels.

It will seek to increase the periods of training in all grades and to emphasize professional ethics, relations with the communities, human rights, conservation of natural resources and public ornato. Professional improvement will be intensified during racing at all levels.

c. Suspension, withdrawal, separation and reinstatement.

d. Reservations.

e. Standards for pupils in training schools.

f. Rules on Civic Police, in the form of volunteers.

2. With strict adherence to the provisions of Law 4 of 1992, the salary levelling for staff of staff will be anticipated and the loan scheme for widows, orphans and the disabled will be restructured.

3. Amend the discipline regulation in the following ways:

a. Rules on police ethics

b. Stimulus and corrective arrangements

c. Faults

d. Disciplinary powers

e. Procedural rules

For the purposes of this number, the police rules and their relationship with the political-administrative authorities and the community will be taken into account.

4. Amend the evaluation and classification regulations for National Police personnel in the following aspects:

a. Scope: officers, non-officers, officers and non-uniformed personnel.

b. From the assessment

c. Assessment and review authorities

d. Evaluation documents, forms and rules for their prosecution.

e. From the Classification

f. Boards of classification of officers, non-officers, officers and non-uniformed personnel.

g. Carry out a strict evaluation of all the staff of the institution.

5. 65 of Law 352 of 1997 >

6. Considering that the National Police personnel are affiliated with the Military Housing Fund, modify it in the following aspects:

a. Definition, nature, organic structure and functions

b. Address and administration

c. Heritage and resources

d. Administration and inputs

e. Interest and subsidy scheme

f. Mechanisms that allow the productivity of their assets.

7. To determine the organic structure, objectives, functions and sanctions regime of the Superintendence of Surveillance and Private Security.

8. Create a National Citizen Security Fund to manage resources from private contributions. The National Government will set the parameters for the programming of the projects that will have to be developed by the departments and municipalities through the respective security funds.

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ARTICLE 36. SPECIAL COMMISSION. The boards of both chambers will appoint a special integrated commission: Five (5) Senators and five (5) Representatives, including the rapporteurs, in order to advise and collaborate with the Government in the development of these powers, as well as in article 32 of this Act.

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ARTICLE 37. this Law will apply from its promulgation and repeals decree law 2137 of 1983 (July 29) "by which the National Police is reorganized", as well as the provisions that are contrary to it.

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TRANSIENT ARTICLE. The Minister of Defense should be empowered for up to six (6) months to take the necessary measures while adopting the new National Police structure. The pension and retirement pay scheme shall be governed by the rules in force until the provisions of this Law are issued.

The President of the Honorable Senate of the Republic,

TITO EDMUNDO WHEEL GUARIN.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

CESAR PEREZ GARCIA.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government

Publish and execute

Dada en Santafe de Bogota, D.C.,

CESAR GAVIRIA TRUJILLO

The Minister of Government,

FABIO VILLEGAS RAMIREZ.

The Ministry of Finance and Public Credit,

RUDOLF HOMMES RODRIGUEZ.

The Minister of National Defense,

RAFAEL PARDO WHEEL.

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