Which Is Issued By The Prison Code

Original Language Title: Por la cual se expide el Código Penitenciario y Carcelario

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ACT 65 OF 1993

(August 19)

Official Journal No. 40,999, dated August 20, 1993.

For which the Prison and Prison Code is issued.

THE CONGRESS OF COLOMBIA,

DECRETA:

TITLE I

GOVERNING CONTENT AND PRINCIPLES

ARTICLE 1o. CONTENT OF THE CODE. This Code regulates the enforcement of insurance measures, the execution of custodial penalties and security measures.

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ARTICLE 2o. LEGALITY. 1 of Law 1709 of 2014. The new text is as follows: > Everyone is free. No one can be subjected to imprisonment or arrest, or arrested, but by virtue of a written commandment of competent judicial authority, with the legal formalities and for reason previously defined in law.

No one may be subject to penalty, security measure, or an enforcement regime that is not provided for in the law in force.

The preventive detention of people who are being investigated or tried is exceptional.

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ARTICLE 3o. EQUALITY. All forms of discrimination are prohibited for reasons of sex, race, national or family origin, language, religion, political or philosophical opinion.

The above does not prevent reasonable distinctions to be established for reasons of security, resocialization, and for the execution of the sentence and the prison and prison policy.

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ARTICLE 3A. DIFFERENTIAL APPROACH. 2 of Law 1709 of 2014. The new text is as follows: > The principle of differential approach recognizes that there are populations with particular characteristics because of their age, gender, religion, gender identity, sexual orientation, race, ethnicity, disability situation and any other. For this reason, the prison measures contained in this law will have such an approach.

The National Government will establish special conditions of imprisonment for those prosecuted and convicted who have been nominated by this government to be beneficiaries of the alternative penalty established by Law 975 or that they have been demobilized as a result of a peace process with the National Government.

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ARTICLE 4. SECURITY PENALTIES AND MEASURES. 3 of Law 1709 of 2014. The new text is as follows: > It is personal freedom penalties provided for in the law for imputable, such as imprisonment and arrest.

Prison is the custodial sentence imposed, by sentence, as a penalty for the commission of a crime and is served in a prison or at the place of residence or residence of the sentenced or at the place of the judge determine.

The arrest is the custodial sentence imposed as a substitute for the penalty of fine, as a unit of fine, and is met in the establishments specially intended for this effect or in the place that the judge determines.

The prison sentence may be either intramural or home. The home prison is a substitute for intramural prison.

Security measures are applicable to the inimputable according to the Penal Code.

PARAGRAFO 1o. In no case shall the effective enjoyment of the right to freedom, the application of substitute mechanisms of the custodial sentence or any other judicial or administrative benefit, be conditional upon payment of the fine.

PARAGRAFO 2o. In firm the statement, the same will be referred to the coactive jurisdiction to execute the collection of the fine as a penalty for the imprisonment.

PARAGRAFO 3o. At events in which the person convicted lacks the means to pay the fine, the judge will arrange for an unpaid service to be provided for the benefit of the community. The territorial entities shall inform the judges of the execution of penalties on the work which may be carried out by persons who lack the means to pay the fine.

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ARTICLE 5o. RESPECT FOR HUMAN DIGNITY. 4 of Law 1709 of 2014. The new text is as follows: " Respect for human dignity, constitutional guarantees and universally recognized human rights shall prevail in the establishments of seclusion. All forms of psychological, physical or moral violence are prohibited.

Restrictions imposed on persons deprived of liberty will be limited to a strict criterion of need and must be proportionate to the legitimate objectives for which they have been imposed.

The lack of resources will not be able to justify that the conditions of imprisonment violate the fundamental rights of persons deprived of liberty.

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ARTICLE 6o. PROSCRIBED PENALTIES. PROHIBITIONS. There will be no death penalty. The sentences of banishment, perpetual imprisonment and confiscation are prohibited. No one shall be subjected to enforced disappearance, torture or cruel, inhuman or degrading treatment or punishment.

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ARTICLE 7o. REASONS FOR DEPRIVATION OF LIBERTY. The deprivation of liberty is due to the fulfillment of punishment, preventive detention or legal capture.

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ARTICLE 7A. SPECIAL OBLIGATIONS OF JUDGES OF PENALTIES AND SECURITY MEASURES. 5 of Law 1709 of 2014. The new text is as follows: > The Judges of Peñas and Security Measures have a duty to monitor the conditions of execution of the sentence and the security measures imposed in the sentence.

The Judges of Execution of Penas and Security Measures, either on their own initiative or at the request of the private person of liberty or their proxy of the public defender's office or the Attorney General's Office, must also recognize the mechanisms alternative or replacement of the custodial sentence resulting from the verification of compliance with the respective requirements.

The non-observance of the duties contained in this article will be considered to be very serious, without prejudice to the criminal actions to which there is a place.

The Superior Council of the Judicature will guarantee the permanent presence of at least one Judge of the Execution of Penas and Security Measures in those establishments that require it according to the request made by the Director General of the National Prison and Prison Institute (Inpec). Permanent visits shall be ensured in other establishments.

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ARTICLE 8o. LEGALISATION OF CAPTURE AND DETENTION. 1 of Decree 2636 of 2004. The new text is as follows: > No one will be able to remain deprived of the freedom in a seclusion establishment indicated by the law without legalizing his capture or his remand, in the terms provided for in the Code of Procedure. penalty.

With regard to the person apprehended, the Director of the prison establishment, must verify the existence of written commandment of the judicial authority that order to keep it private of the freedom with the legal formalities, the indication of the reasons for the capture and the date on which it was produced. It shall also order its registration in the terms set out in the General Regulation.

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ARTICLE 9o. FUNCTIONS AND PURPOSE OF THE PENALTY AND THE SECURITY MEASURES. The penalty has protective and preventive function, but its fundamental purpose is to resocialization. Security measures pursue healing, guardianship, and rehabilitation purposes.

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ARTICLE 10. PURPOSE OF THE PENITENTIARY TREATMENT. The prison treatment is intended to achieve the resocialization of the offender of the criminal law, through the examination of his personality and through the discipline, the work, the study, the spiritual formation, culture, sport and recreation, in a spirit of human and solidarity.

ARTICLE 10A. MINIMUM INTERVENTION. 6 of Law 1709 of 2014. The new text is as follows: > The prison system will ensure compliance with the rights and guarantees of the inmates; those who can only be limited in accordance with the provisions of the Constitution, international treaties, laws, and regulations of the internal regime of the Prison and Prison Establishment.

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ARTICLE 11. PURPOSE OF PREVENTIVE DETENTION. 2 of Decree 2636 of 2004. The new text is as follows: > Pretrial detention is intended to ensure the appearance of the defendants in the criminal proceedings, the preservation of the evidence and the protection of the community, especially the victims, and the effectiveness of the sentence. imposed.

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ARTICLE 12. PROGRESSIVE SYSTEM. Compliance with the penalty will be governed by the principles of the progressive system.

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ARTICLE 13. INTERPRETATION AND APPLICATION OF THE CODE. The principles enshrined in this title constitute the hermeneutic framework for the interpretation and application of the Code.

TITLE II

NATIONAL PRISON AND PRISON SYSTEM

DEPARTMENTAL AND MUNICIPAL JAILS

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ARTICLE 14. CONTENT OF THE FUNCTIONS OF THE NATIONAL PRISON AND PRISON INSTITUTE. 3 of Decree 2636 of 2004. The new text is as follows: > Corresponds to the National Government through the National Penitentiary and Prison Institute, the execution of the custodial sentence imposed through a criminal conviction, the control of the insurance measures, the electronic security mechanism and the implementation of unpaid social work.

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ARTICLE 15. NATIONAL PRISON SYSTEM. 7 of Law 1709 of 2014. The new text is as follows: > The National Prison and Prison System consists of the Ministry of Justice and Law; the National Prison and Prison Institute (INPEC) and the Prison and Prison Services Unit (Uspec), as, attached to the Ministry of Justice and Law with legal status, independent patrimony and administrative autonomy; for all the detention centers operating in the country; by the National Penitentiary School; by the Ministry of Health and Social Protection; by the Colombian Family Welfare Institute (ICBF) and for other public entities that perform system-related functions.

The system shall be governed by the provisions contained in this Code and by the other rules that add and supplement it.

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ARTICLE 16. NATIONAL DETENTION FACILITIES. 8 of Law 1709 of 2014. The new text is as follows: > National order seclusion establishments will be created, merged, suppressed, directed and monitored by the Inpec.

The Inpec, in coordination with the Uspec, will determine the locations where such establishments will operate.

When the Inpec Director is required to be transferred, the Director of the INPEC is empowered to do so by giving prior notice to the competent authorities.

The Ministry of Finance and Public Credit are empowered to allocate sufficient resources to the Uspec for the creation, organization and maintenance of detention facilities.

PARAGRAFO 1o. All new seclusion centers will have an isolation perimeter of at least 200 meters away from any urban development.

PARAGRAFO 2o. All seclusion establishments must have adequate environmental, health and infrastructure conditions for a dignified prison treatment.

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ARTICLE 16A. TECHNICAL CONSIDERATIONS FOR TELECOMMUNICATIONS IN DETENTION CENTERS. 9 of Law 1709 of 2014. The new text is as follows: > The National Penitentiary and Prison Institute (INPEC) must carry out all necessary actions to limit the use of communications terminal equipment as well as to control and/or prevent communications. authorized inside the penitentiary and/or prison facilities of the country.

To fulfill this purpose, the Administrative Unit of Prison and Prison Services must include in the design and construction of prison facilities and/or prison facilities the necessary technical requirements that prevent, on the internal side of the use of unauthorized communications devices.

Similarly, the National Penitentiary and Prison Institute (INPEC) must carry out all necessary actions to prevent unauthorized communications to be established within the establishments, such as blocking and/or inhibiting communications supported in mobile, satellite, or other wireless communication systems and in general radio communications, subject to the authorisation of the Ministry of Information and Communications Technologies, use of technological or constructive measures to avoid communications authorized. In any case, the INPEC shall take all technical measures aimed at avoiding the affectation of the service in the areas outside the prison or prison.

Additionally, when the Inpec detects unauthorized communications within the prison and/or prison facilities, it will ask the Network Providers and Telecommunications Services to block the mobile terminals. involved in such communications.

Telecommunications network and service providers, in coordination with the National Spectrum Agency and the INPEC, will mitigate the signals covering prison and/or prison facilities.

For this purpose, telecommunications network and service providers and the INPEC should exchange all relevant and relevant information.

PARAGRAFO 1o. The Inpec will be able to contract directly with providers of telecommunications networks and services assigned radio spectrum in IMT bands defined by UIT-R, design, implementation, management, operation, operation, maintenance and/or continuous optimization of technological solutions that are necessary for the blocking or inhibition of unauthorized communications within the penitentiary and/or prison facilities of the country.

PARAGRAFO 2o. The Ministry of Information and Communications Technologies must include within the conditions for the renewal of the use of the spectrum of the current Mobile Mobile Phone operators. operate in the 850MHz band, obligations aimed at the use of technological means to prevent unauthorised communications within prison and prison facilities.

PARAGRAFO 3o. The use of the mobile terminal outside the authorized cases will be considered as a serious fault for the official who will allow or facilitate it, and for the private person of the freedom will be sanctioned as a serious fault according to article 123 of this Code.

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ARTICLE 17. DEPARTMENTAL AND MUNICIPAL JAILS. Corresponds to the , municipalities, metropolitan areas and the Capital District of Santafe of Bogota, the creation, merger or suppression, management, organization, administration, support and surveillance of prisons for persons detained in a preventive manner and convicted of violations involving deprivation of liberty, by order of police authority.

While the law is issued that will attribute to the judicial authorities the knowledge of the punishable facts currently punishable by arrest by the police authorities, they will continue to be aware of them. Those punished for contraventions will be housed in special wards.

The National Prison and Prison Institute will exercise the inspection and surveillance of the prisons of the territorial entities.

In the municipal and departmental budgets, the necessary items will be included for the expenses of their prisons, such as employee payments, rations of prisoners, monitoring of the prisons, expenses of referrals and viatics, materials and supplies, purchase of equipment and other services.

[El Universo] The governors and mayors, respectively, will abstain from approving or sanctioning the departmental and municipal budgets that do not fill the requirements set out in this article.

The Nation and the territorial entities will be able to conclude service integration agreements, for the improvement of the infrastructure and the support of prison and prison system detention centers.

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ARTICLE 18. TERRITORIAL INTEGRATION. The municipalities may agree to the creation, organization, administration and joint holding of the establishments of seclusion.

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ARTICLE 19. " RECEIPT OF DEPARTMENTAL OR MUNICIPAL PRISONERS. The departments or municipalities that lack their respective prisons, will be able to contract with the National Penitentiary and Prison Institute, the receipt of their prisoners through the agreement that enshrine in the contractual clauses the recognition that the departments or municipalities make of the payment of the following services and remuneration:

a) Fixing of bonuses to employees of the respective seclusion establishment;

b) The allocation of the necessary elements and resources for the internals incorporated into national prisons;

c) Power supply at a level not less than that indicated by the National Penitentiary and Prison Institute for its inmates;

d) Repair, adaptation and maintenance of buildings and their services, if they are owned by the departments or municipalities.

PARAGRAFO. Municipal prisons may receive national prisoners under the same conditions in which the national detention centers receive municipal prisoners.

ARTICLE 19A. FINANCING OBLIGATIONS. 267 of Law 1753 of 2015 >

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ARTICLE 20. CLASSIFICATION. 11 of Law 1709 of 2014. The new text is as follows: > Confinement establishments may be:

1. Preventive detention prisons.

2. Penitentiary.

3. Houses for the detention and enforcement of punishment for punishable conduct committed in traffic accidents or in the exercise of any profession or profession.

4. Transitional root centres.

5. Detention facilities for inimputable for permanent or transient mental disorder with pathological basis and persons with over-coming mental disorder. These establishments will be under the direction and coordination of the Ministry of Health and Social Protection, in which persons with permanent or transient mental disorder with pathological basis will be recruited.

6. High-security prisons and prisons.

7. Women's prisons and prisons.

8. Jails and penitentiary for members of the Public Force.

9. Colonies.

10. Other detention centers that are believed to be in the prison and prison system.

PARAGRAFO. The servers and ex-public servants will have special flags within the national order establishments that require them, in accordance with the regulations that will be issued by the National Prison and Prison Institute (Inpec).

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ARTICLE 21. PRISONS AND WARDS OF PREVENTIVE DETENTION. 12 of Law 1709 of 2014. The new text is as follows: > Jails and wards of preventive detention are establishments with a closed seclusion regime. These establishments are exclusively directed to the attention of persons in pre-trial detention under the terms of Article 17 of Law 65 of 1993, which are in charge of the territorial entities.

There may be pavilions for preventive detention in a prison facility for convicts, where security reasons so warrant, as long as they are adequately separated from the other sections of such a complex. and of the people convicted.

The territorial entities, the Office of the Prosecutor General of the Nation and the Superior Council of the Judicature will be able to carry out the necessary steps for the construction with a board of judicial citadels with a preventive detention center attached to their offices. facilities, as well as articulating everything necessary for the construction and maintenance of these judicial complexes.

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ARTICLE 22. PENITENTIARY. 13 of Law 1709 of 2014. The new text is as follows: > Penitentiaries are establishments intended for the imprisonment of convicts and in which the prison sentence is executed, by means of a progressive system for the treatment of inmates, in the aforementioned terms. in article 144 of this Code.

These seclusion centers will be of high or maximum, medium and minimum security. The construction specifications and the internal arrangements shall establish the difference between these categories.

The competent judicial authorities may request the Director of the National Penitentiary and Prison Institute (INPEC) that the detainees or convicts be admitted or transferred to a specific detention center, in order to security conditions.

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ARTICLE 23. JAIL FOR THE ARREST AND EXECUTION OF PUNISHMENT FOR GUILTY CONDUCT COMMITTED IN TRAFFIC ACCIDENTS OR IN THE EXERCISE OF ANY PROFESSION OR PROFESSION. 14 of Law 1709 of 2014. The new text is as follows: > These are the places to be used for the enforcement of preventive detention and the deprivation of liberty for punishable conduct committed in the event of a traffic accident or in the exercise of any profession or trade.

Prior approval of the Inpec, private entities may create, organize and manage such establishments.

The INPEC will issue the regulations applicable to these centers, which will have to consider the requirements of organization and operation. These establishments will depend on the respective establishment of the national order of their jurisdiction.

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ARTICLE 23A. TRANSITIONAL ROOTING CENTERS. 15 of Law 1709 of 2014. The new text is as follows: > In order to guarantee the appearance of the process, the centers of transitory root are created, in which attention is given of persons to whom they have been offered preventive measure of arrest and that they do not have a defined address or a family or social establishment.

The purpose of the center of transitional rooting is to achieve the reinsertion of the private person from freedom and the recovery of social and family roots, if any, and to contribute to the moment that the sentence can be handed down provide some replacement prison mechanism.

Persons who are preemptively detained who are referred to transitional detention centers must remain there until their release is ordered by judicial decision or a conviction is given.

Once the sentence is handed down, the person will be transferred to the appropriate prison facility or will be granted the replacement of the prison, if the judge has so determined.

Transitional root centers should provide people with psychosocial care and career or vocational guidance for as long as they remain in such centers.

PARAGRAFO. The Nation and the territorial entities will be able to carry out the agreements that will take place for the creation, fusion, suppression, management, organization, administration, maintenance and surveillance of the centers of Transitional root in the same terms as in Article 17 of Law 65 of 1993. In any case, the creation of these centers will be progressive and will depend on the number of inmates that meet the criteria for entering these types of establishments. The National Government will regulate the matter.

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ARTICLE 24. DETENTION FACILITIES FOR INIMPUTABLE FOR PERMANENT OR TRANSIENT MENTAL DISORDER WITH PATHOLOGICAL BASIS AND PERSONS WITH OVERBEARING MENTAL DISORDER. 16 of Law 1709 of 2014. The new text is as follows: > These establishments are intended to accommodate and rehabilitate unimputable mental disorders, according to the decision of the judge of knowledge prior to the expert opinion of the National Institute of Legal Medicine and Sciences. Forensics and those persons who are replaced by the custodial sentence for detention in this type of establishment as a result of an overbearing mental disorder. In no case shall this type of establishment be situated inside the prisons or penitentiary.

These establishments are of a care nature, they must specialize in psychiatric treatment, mental rehabilitation with a view to family, social and work inclusion.

The custody and external surveillance of these establishments will be carried out by the National Penitentiary and Prison Institute (INPEC), and the construction of these facilities will be carried out by the Prison and Prison Services Unit. In any case, they will have personnel specialized in mental health in compliance with the provisions of article 105 of this Code and with strict compliance with the quality standards that for such determine the Ministry of Health and Social Protection in regulation that it issues for that purpose within the year following the issue of this law.

PARAGRAFO. In cases where the mental disorder is over-coming and is not compatible with the deprivation of liberty in a prison and prison facility, the Peñas Execution Judge and Security Measures, or the Judge of guarantees in case of a processed person, after obtaining the opinion of the Institute of Legal Medicine and Forensic Sciences, will grant the probation or the hospital detention to undergo psychiatric treatment in an establishment intended for inimputable and with the conditions of safety of such establishments, in the framework of the special scheme to be applied to the health system of prison and prison establishments.

Once it is verified by the Legal Medicine Institute's opinion that the disorder has ceased, the person will return to the establishment of origin.

TRANSIENT PARAGRAPH. Existing psychiatric attachments or pavilions shall be gradually replaced by the establishments concerned by this article, once they are constructed and placed in operation.

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ARTICLE 25. HIGH SECURITY DETENTION FACILITIES. 17 of Law 1709 of 2014. The new text is as follows: > High-security seclusion establishments are establishments intended for the purpose of preventive or penalty detention, of persons deprived of liberty, who offer special risks of security in the judgment of the Director of INPEC.

PARAGRAFO TRANSIENT. The National Government will regulate the regime applicable to these establishments in a term not exceeding six (6) months.

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ARTICLE 26. WOMEN ' S DETENTION FACILITIES. 18 of Law 1709 of 2014. The new text is as follows: > Women's prisons are the establishments intended for the preventive detention of the women prosecuted.

Its construction will be done in accordance with the provisions of article 17 of Law 65 of 1993.

Women's penitentiaries are the establishments intended for the fulfillment of the sentence imposed on convicted women.

These establishments must have an infrastructure that guarantees pregnant, syndicated or convicted women, an adequate development of pregnancy.

Likewise, they must have an enabling environment for nursing mothers, which proposes the correct psychosocial development of children under three (3) years who live with their mothers.

The Colombian Family Welfare Institute (ICBF) in coordination with the Prison and Prison Services Unit (Uspec) will establish the conditions to be met by women's detention facilities in order to protect the rights of children and girls who live with their mothers.

The ICBF will visit at least once a month these establishments in order to verify compliance with the conditions of care of the children who live with their mothers according to the guidelines established for this purpose, and make recommendations to the place.

ARTICLE 27. DETENTION FACILITIES FOR MEMBERS OF THE PUBLIC FORCE. 19 of Law 1709 of 2014. The new text is as follows: > The members of the Public Force will comply with the preventive detention in detention centers established for them and in the absence of these in the facilities of the Unit to which they belong, observing in any case the regime applicable to those prosecuted who comply with the preventive detention measure in ordinary prisons.

The conviction will be served in prison centers established for members of the Public Force.

In relation to the prison system and these specialized centers, the Ministry of National Defense will have the following functions:

1. Establish the places authorized as seclusion centers for members of the Public Force.

2. To construct or adapt the detention centers for members of the Public Force, prior to the National Institute of Penitentiary and Prison (INPEC).

3. Ensure that the staff in charge of the custody and surveillance and the processes of resocialization meet the requirements, of independence, training and suitability to guarantee the work entrusted.

PARAGRAFO. " The deprivation of liberty will be governed by the same rules that govern the deprivation of liberty in the centers in charge of the Inpec, according to regulations that the National Government will issue for the effect.

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ARTICLE 28. AGRICULTURAL COLONIES. They are establishments to purge the penalty, preferably for convicted peasant farmers or to promote agricultural education.

When the extension of the lands will allow it to be created in them agricultural constellations, made up of several units or camps, with special organization.

PARAGRAFO. 20 of Act 1709 of 2014. The new text is as follows: > The production of these colonies will serve as a source of supply. In cases where there is surplus production, they may be marketed. This is without prejudice to the fulfillment of the obligations that correspond to the National Penitentiary and Prison Institute (Inpec) and the Administrative Unit of Prison and Prison Services.

ARTICLE 28A. ARREST IN UNIT OF IMMEDIATE OR SIMILAR REACTION. 21 of Law 1709 of 2014. The new text is as follows: > Detention in Immediate Reaction Unit (URI) or similar unit may not exceed thirty-six (36) hours, the following minimum conditions must be ensured: separation between men and women, ventilation and sufficient sunlight, separation of minors and access to bathroom.

PARAGRAFO. Within two years following the validity of this law, the Territorial Entities shall adapt the cells to the conditions under which this article deals.

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ARTICLE 29. SPECIAL CASES SECLUSION. When the punishable act has been committed by the National Penitentiary and Prison Institute, officials and employees of the Criminal Justice, Judicial Police Corps and the Public Ministry, servers The public will be held in special establishments or in facilities provided by the State. This situation extends to the respective public exservants.

The competent judicial authority or the Director-General of the National Penitentiary and Prison Institute, as the case may be, may arrange for detention in special places, both for preventive detention and for sentencing, in respect of gravity of the imputation, safety conditions, personality of the individual, his or her background and behavior.

5 of Decree 2636 of 2004. The new text is as follows: > Special establishment or pavilion will also proceed when the weekend arrest, uninterrupted arrest, compliance with guardianship rulings involving deprivation of the (10) Freedom exceeding ten (10) days and the deprivation of liberty referred to in the fourth paragraph of Article 28 of the Political Constitution.

PARAGRAFO. Public or private entities concerned may contribute to the construction of the special centres. Public and private non-profit entities may participate in the holding of such centres.

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ARTICLE 29A. EXECUTION OF THE HOME PRISON. 8 of Decree 2636 of 2004. The new text is as follows: > Equitoriated Ej the sentence that imposes the sentence of imprisonment and willing its replacement by house prison by the competent judge, this will send a copy of the same to the Director of the National Institute of Penitentiary and Prison, who shall, within its jurisdiction, establish the detention facility which shall be responsible for the supervision of the penalty and shall take the following measures among others:

1. Random control visits to the penado residence.

2. Use of media as telephone calls.

3. Testimony from neighbors and close associates.

4. Intelligence work.

During the execution of the sentence, the sentenced person will be able to bring forward the work aimed at the social integration that is coordinated with the establishment of seclusion at whose position they are and will be entitled to the redemption of the sentence in the terms established by this law.

In case of departure from the residence or residence, without judicial authorization, development of criminal activities or non-compliance with the obligations inherent in this penalty, the National Institute of Penitentiary and Penitentiary, Inpec, will give immediate notice to the Judge of Execution of Penas and Security Measures, for the purposes of their recall.

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ARTICLE 29B. ELECTRONIC SECURITY AS A PRISON REPLACEMENT SENTENCE. 9 of Decree 2636 of 2004. The new text is as follows: > In crimes the sentence of which does not exceed four years in prison, in respect of which the home prison does not apply; the judge of execution of sentences, may substitute the prison sentence for the electronic security mechanisms, upon request of the sentenced person, if the following requirements are met in addition:

1. That the sentenced person does not have other criminal records, except that he or she is guilty of guilty or non-custodial offences.

2. The sentenced person shall sign a commitment act, providing a course of action to ensure that restrictions on the freedom of movement involving the measure are complied with.

3. May the sentenced person repair the damage caused to the victim of the punishable conduct, when these have been assessed in the respective sentence, unless the material inability to do so is demonstrated.

4. Failure to comply with the obligations imposed in the act of commitment shall result in the revocation of the measure by the Judge of Enforcement of Penas and Security Measures.

PARAGRAFO 1o. In the case of punishable conduct that admits the termination of the criminal action for comprehensive compensation, reconciliation or withdrawal and the damage after the conviction is fully repaired, not The electronic security mechanism will proceed, but the immediate freedom.

PARAGRAFO 2o. The duration of the measure cannot exceed the term of the custodial sentence imposed on the sentence, or the one that is missing for compliance.

When the convicted person cannot afford the cost of the electronic security mechanism that will replace the custodial sentence, the state within its budgetary limits will do so.

The electronic security mechanism shall be applied in a gradual manner in the Judicial Districts in accordance with the provisions of Article 530 of the Code of Criminal Procedure within the limits of the respective budget appropriations.

PARAGRAFO 3o. The electronic security mechanism provided for in this article will not be applied in respect of punishable conduct that attacks the sexual, effective, and effective freedom, integrity and formation of justice and individual freedom.

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ARTICLE 29C. ARREST. 10 of Decree 2636 of 2004. The new text is as follows: > Weekend arrest is a substitute penalty for the fine when the convicted person will not pay or write down voluntarily or when he or she fails to comply with the system of time limits. It shall have a duration equivalent to thirty-six (36) continuous hours and its execution shall be carried out during the Friday, Saturday or Sunday, on the schedule indicated by the judicial officer who performs the replacement.

The unjustified breach of the obligations imposed will be informed by the director of the detention establishment to the judge who monitors the execution of the sentence, who will decide the uninterrupted execution of the arrest.

Both the arrest of the weekend and the uninterrupted will be executed in special wards of the detention facilities of the house of arrest.

ARTICLE 29F. RECALL OF HOUSE ARREST AND DETENTION. 31 of Law 1709 of 2014. The new text is as follows: > Failure to comply with the obligations imposed will give rise to the recall by reasoned decision of the competent judge.

The National Prison and Prison Institute (INPEC) official in charge of the control of the measure or the National Police officer in the exercise of his surveillance functions will immediately stop the person who is in violation. his obligations and shall place it within thirty-six hours (36) at the disposal of the judge who provided the appropriate measure for the decision to be taken.

The recall of the measure will be available independently of the corresponding investigation for the crime of escape of prisoners, if appropriate.

PARAGRAFO. The Inpec will be able to conclude agreements with the National Police for the monitoring of the compliance of the home prison when the guard is not sufficient to guarantee the development of the prison. The participation of the National Police will depend on the operational and logistical capacity of the units that support the INPEC.

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ARTICLE 30. PROHIBITION OF MINORS IN PRISONS. Children under 18 years of age will not be able to stop or discount sentences in the institutions of seclusion that are dependent on the Institute. Where, by special circumstances, expressed in law, the location of the child under 18 years of age is required in closed institution, in accordance with the provisions of the Code of the Child and the child is not in existence, the minor infringer may be interned in an annex or special flag organised for this purpose, in a seclusion establishment.

These annexes or pavilions will have a special regime, adjusted to international standards on minors, to article 44 of our Political Constitution and to those of the Code of the Minor.

The Colombian Family Welfare Institute is obliged to comply with the legal provisions on the matter. In the same way, departments and municipalities should create and maintain social correction centers for minors and seek and increase a greater number of institutions.

PARAGRAFO. Exceptionally and in the case of crimes of jurisdiction of the Regional Judges committed by minors, they may be held in a special security pavilion in the prisons of the institute, in the judgment of the competent judicial authority.

ARTICLE 30A. VIRTUAL HEARINGS. 33 of Law 1709 of 2014. The new text is as follows: > The Prison and Prison Services Unit (Uspec) will guarantee in all prison facilities the locations and technological elements necessary for the conduct of hearings. virtual.

When the detention center in which the private person of the liberty is located has room for virtual hearings, the diligence will be performed in this way, without prejudice to the respective judicial authority to decide to carry out the The prison facility will be transferred to the prison facility.

The Superior Council of the Judiciary will ensure that in all judicial districts there are rooms so that all judges can attend to the virtual hearings regulated in this rule. To do this, the Superior Council of the Judiciary will create the Office of Virtual Hearing Management, which will be responsible for creating, managing and ensuring the operability of these rooms, and the development of the hearings for the judges of execution penalties and security measures.

The judges will preferably hold virtual hearings.

The petitions concerning the execution of the sentence, directly or indirectly, by the private prisoners of liberty will be resolved in public hearing. To this end, the Superior Council of the Judiciary will make the necessary steps to ensure that the judges of the execution of the Penas and the Security Measures have the technological resources to comply with the provisions of the present Article.

TRANSIENT PARAGRAPH. In the term of one (1) year, counted from the publication of this law, the Superior Council of the Judicature and the Unit of Penitentiary and Prison Services (Uspec), will carry out the necessary steps to implement the virtual audience system in those high-risk areas, upon request of the Director General of the INPEC.

ARTICLE 30B. TRANSFERS OF PERSONS DEPRIVED OF LIBERTY. 34 of Law 1709 of 2014. The new text is as follows: > Except as set out in the previous article, the person deprived of the liberty who within a procedural action is summoned to the competent authority, or who, by his or her state of health, must be taken to a hospital or clinic, will be sent by the staff of the custody and surveillance corps of the National Prison and Prison Institute (INPEC), guaranteeing their rights to life and personal integrity and human dignity upon request of the authority competent.

Upon request from the prison and prison authority, the National Police will be able to provide the necessary support for the execution of these transfers in exceptional cases and when the conditions of safety of the route or the danger The National Police will be carrying out the transfer.

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ARTICLE 31. INTERNAL AND EXTERNAL SURVEILLANCE. 35 of Law 1709 of 2014. The new text is as follows: > The internal surveillance of the detention centers will be in charge of the National Penitentiary Custody and Surveillance Corps. The external surveillance will be carried out by the Public Force. When there is no Public Force for this purpose, external surveillance will be assumed by the National Prison and Custody Corps.

PARAGRAFO 1o. The Public Force, upon request or authorization from the Minister of Justice and Law or the Director General of the National Penitentiary and Prison Institute (Inpec) or, in urgent case, the director of the Where the facts occur, you may enter the premises and premises to prevent or prevent serious alterations of order.

The Director of each seclusion center may also request the contest of the Public Force to be responsible for the surveillance of that center on the occasions in which the body of custody and national prison surveillance celebrates their classical day or when, in exceptional circumstances of internal or security order, the surveillance of the detention centre must be strengthened. The assistance of the Public Force will be temporary.

PARAGRAFO 2o. The INPEC, prior to the favorable concept of the Board of Directors of the Entity, will present, within the year following the publication of this law, the respective studies in order to determine the technical and financial feasibility of the modification for the strengthening of the Personnel Plant.

PARAGRAFO 3o. The INPEC, in order to guarantee the provision of the service of guard and surveillance inside the establishments, may link those who have defined their military situation as auxiliary of the Inpec, prior to the realization of courses of complementation, unless they have been admonished in their exercise.

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ARTICLE 32. CONDUCT OF OPERATIONS. For the conduct of operations in which the National Penitentiary Custody and Surveillance Corps is to participate, the Public Force and other state security agencies shall be subject to the following criteria: Article 44 of Decree 2162 of 1992:

(a) Coordination carried out through information on the execution of operations between the Military Unit Commanders, the Police and the Chiefs of National Security Agencies, in their respective jurisdictions.

b) Military assistance, when required by the Governor, the Mayors, the Police Commander, the prison authorities, the state or the Chiefs of security agencies to the nearest military authority, when the National Police is not alone in the capacity to contain serious disorders or to deal with disasters or public calamity.

c) Operational control in accordance with the powers defined by the Minister of National Defense, in each case to be given to certain Commanders of the Military Forces, to conduct operations involving the National Police and other national security agencies placed under their control.

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ARTICLE 33. EXPROPRIATION. 36 of Law 1709 of 2014. The new text is as follows: > Consider the acquisition of the buildings destined for the construction of penitentiary and prison facilities and those adjacent to the establishments of public interest and of social interest. seclusion necessary to ensure the safety of the establishment, the inmates and the neighbouring population.

In these cases, the National Government through the Administrative Unit of Prison and Prison Services (Uspec) will be able to carry out the expropriation by administrative means, after compensation.

Prohibits the operation of public expenses or activities that threaten the security and coexistence within a reasonable radius of action of the establishments of seclusion, which will be agreed between the Directorate of the National Institute Penitentiary and Prison (Inpec) and the respective mayors, in accordance with the laws in force.

Urban development, parking, construction or sub-division will not be required in any of its modalities for the adequacy or expansion of prison and prison infrastructure.

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ARTICLE 34. MATERIAL MINIMUM MEANS. 37 of Law 1709 of 2014. The new text is as follows: > Each seclusion establishment must operate in a physical plant suitable for its purposes, the population of internal and managerial staff, administrative and surveillance staff that houses and, count on the material means minima for the effective implementation of its functions and objectives.

The Uspec, prior to the Inpec concept, will develop a construction manual with due specifications, according to its legal classification and levels of safety, effectiveness and dignity of its mission, detention, resocialization or rehabilitation; the climate and terrain of its location, its capacity, spaces of accommodation, work, education, recreation, materials indicated and how much is required for the economic control and the structural and functional success of these buildings.

In the construction of seclusion centers, the adequate provision of public services for drinking water, basic sanitation, energy, and telephone for the population of internal and administrative personnel will be guaranteed.

In the face of the drinking water service, the permanent supply to the population of inmates for the use of the sanitary service and the daily bath must be guaranteed.

PARAGRAFO. All prison and prison facilities will have the appropriate infrastructure conditions for the seclusion of the population under conditions of disability, taking into account the article 5or numerals 2, 8, 10, article 14 of Act 1618, 2013.

TITLE III

PRISON AND PRISON AUTHORITIES

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ARTICLE 35. EXECUTION OF THE DETENTION AND PUNISHMENT. They are competent officials to make effective judicial providences on the deprivation of liberty in the detention centers, the Director General of the National Prison and Prison Institute, the Regional Directors and the directors of the establishments listed in Title II.

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ARTICLE 36. PRISON AND PRISON HEADS OF GOVERNMENT. The director of each seclusion center is the head of the internal government. He will respond to the Director of the National Penitentiary and Prison Institute for the operation and control of the establishment in his position.

Employees, detainees and convicts must respect and obey the director, and shall be subject to the rules of this Code and the regulations that are issued.

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ARTICLE 37. EXTERNAL COLLABORATORS. They will have access to the detention centers to advance education, work and religious training, legal advice or scientific research, related to the detention centers, the people who to the Director of his/her qualities and the activities they are going to fulfil. The rules of procedure will establish the schedules and limitations within which your work will be performed.

TITLE IV

PRISON AND PRISON STAFF ADMINISTRATION

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ARTICLE 38. INCOME AND TRAINING. 38 of Law 1709 of 2014. The new text is as follows: > To exercise custody and prison and prison surveillance functions it is necessary to have approved the training and training courses that the National Penitentiary School will dictate for this purpose.

The Directors of the Prison and Prison Establishments will be free of appointment and removal. To serve as Director of Prison or Penitentiary, a university degree will be required in areas that include knowledge in criminological, penal, prison, security, administrative or human rights. In addition, he will have to carry out and approve the course that the National Penitentiary School will organize to fill this position.

ARTICLE 39. OF THE MANAGEMENT CHARGES. 39 of Law 1709 of 2014. The new text is as follows: > Personnel from the National Prison and Custody Corps may be called to serve in the offices of the National Penitentiary and Prison Institute (INPEC) or in the centers of seclusion if it meets the requirements for it, without losing the rights of the race and being able to return to the service of vigilance once the exercise of office in the Direction ceases, according to the article 26 of Law 909 of 2004.

ARTICLE 40. OF THE PRISON CAREER. 40 of Law 1709 of 2014. The new text is as follows: > The prison career will be governed by the principles enshrined in this statute and by the existing rules and those that add it, supplement or modify it.

The Director of the National Penitentiary and Prison Institute (INPEC) will be free to appoint and remove the President of the Republic. He must be a lawyer, a sociologist, a psychologist, a police administrator or a company, accredited with a duly recognised degree, having a professional experience of at least eight (8) years and, in each case, with a specialist in criminal sciences or penitentiary; human rights; criminological; citizen security; and/or security and defense.

In the same way you may be appointed to this position who has served as a Magistrate in the criminal field or has exercised the profession of lawyer in that field for a term of eight (8) years or has served as a teacher university in the criminal or criminological area for a period of not less than eight (8) years.

The Director of the National Penitentiary and Prison Institute (INPEC) must present an annual report of accountability to the Minister of Justice and Law, in order to ensure an efficient performance in management.

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ARTICLE 41.  JUDICIAL POLICE FUNCTIONS. 6 of Decree 2636 of 2004. The new text is as follows: > The Directors General, Regional, and prison establishments of the National Penitentiary and Prison Institute will have judicial police functions for the investigation of crimes committed inside the country. the detention facilities, in the terms of the Code of Criminal Procedure until the Office of the Prosecutor General of the Nation assumes the knowledge.

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Provisions analyzed by the Legal Advance Casa Editorial Ltda. ©
"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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