LAW 81 OF 1993
Official Journal No.41.098, of 2 November 1993
By which modifications are made to the Code of Criminal Procedure. Summary
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. Article 29 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 29. CONDITIONS processability COMPLAINT AND PETITION The complaint and the petition are conditions processability of criminal proceedings Where the law requires special complaint or request to initiate.. the process, enough that whoever has right to submit complaint made by the respective competent authority, using the same procedures and powers set out in Article 27.
When the offense that requires complaint affects the public interest, the public prosecutor may ask it.
when the state is the victim of the offense requiring special request, it must be filed by the Attorney General's Office.
can only be initiated criminal proceedings for offenses requiring the declaration of bankruptcy when that decision duly executed
ARTICLE 2. Article 33 of the Code of Criminal Procedure shall read as follows:..
"Article 33. Crimes that require part complaint. To start criminal action will be necessary complaint or request a party to the following crimes: Infidelity professional duties (Article 175 CP); usury and charge forward sales (Article 235 CP); incest (Article 259 CP); Bigamy (Article 260 CP); illegal marriage (Article 261 CP); suspension, alteration assumption of marital status (Article 262 CP); failure to pay alimony (Articles 263, 264 and 265 CP); embezzlement and squandering of assets (Article 266 CP); sexual intercourse by fraud (Article 301 CP); sexual act by fraud (Article 302 CP); violation of communication (Article 288 CP); injury (Article 313 CP); Slander (Article 314 CP); insult and calumny indirectly (Articles 315 and 316 CP); injury by way of fact (Article 319 CP); reciprocal insults (Article 320 CP); issuance and illegal transfer of checks when the amount exceeds ten monthly minimum wages (Article 357 CP); use of foreign mistake or accident, when the amount of the advantage exceeding ten minimum monthly wages (Article 361 CP); breach of trust when the amount exceeds ten monthly minimum wages (Article 358 CP); the damage to another's property when the amount exceeds ten monthly minimum wages (Article 370 CP); Encroaching (Articles 365-368 CP); invasion of land or buildings (Article 367 CP); disturbance of possession of property (Article 368 CP); personal injury without sequelae, which nevertheless have inability to work or illness that passeth thirty (30) days not exceeding sixty (60). Effective Jurisprudence
ARTICLE 3. Article 37 of the Code of Criminal Procedure shall read as follows:
"Plea ARTICLE 37. Once the resolution that defines the legal status and even before the investigation is closed, the defendant may request advance sentencing |.. || made the request, the prosecutor, if necessary, extend the investigation and practice tests within a maximum period of eight (8) days.
the charges brought by the prosecutor and its acceptance by the processing is they recorded in a record signed by those who have intervened.
the proceedings shall be transmitted to the competent judge who, within ten (10) working days, issue a judgment on the facts and circumstances accepted, provided that there has been no violation of fundamental guarantees.
Judge dosed the penalty applicable and the amount determined will decrease 1/3 of it because of having accepted responsibility processing.
also it may make early statement when handed down the indictment and even before the date set for holding the public hearing the accused will accept criminal responsibility for all charges made there. In this case the reduction is one-sixth (1/6) of the sentence. Effective Notes
ARTICLE 4. The Code of Criminal Procedure will have an item with the Number 37-A, as follows:
"ARTICLE 37 A SPECIAL AUDIENCE. From the execution of the resolution defining the legal status of processing and even before the investigation, the prosecutor, ex officio or processing initiative, directly or through closing his attorney, you can have only once holding a special hearing in which the prosecutor will file charges against the accused. the hearing will focus on the typical adjustment, the degree of participation, the form of guilt, the circumstances of the crime , grief and suspended sentence, estoppel by other behaviors sanctioned with lesser sentence, provided there is certainly evidence of its existence.
After the hearing a document containing the agreement reached on be signed aspects referred to in the preceding paragraph. the process of knowledge Judge shall be sent within five (5) business days following the conclusion of the hearing.
Once the file by the Judge, render judgment within ten (10) days in accordance with the agreement if it is adjusted according to the law and provided they have not violated fundamental rights of the accused.
The judge may comment on the legality of the agreement, if necessary, an order which does not support any resource that will order return the file to the prosecutor and will schedule a hearing to be held within five (5 ) following receipt of the comments days. At the hearing the prosecutor and the accused will discuss the observations with the judge and manifest themselves if they accept, which recorded in a report. If you accept the comments the judge will sentence the five (5) days. Effective Jurisprudence
Expiration of the period in the third paragraph of this article or terminated the hearing referred to above, the judge should not accept the agreement as susceptible improbará by order of the appeal. Effective Jurisprudence
Syndicated By making use of the special audience will recognize a benefit of reduction of penalty of one-sixth to one-third. PARAGRAPH 1.
. Current status SUSPENSION. From the moment the audience until they become final providence to decide on the agreement, the procedural action shall be suspended for a term not exceeding thirty (30) working days requested. However, they can be practiced urgent investigative measures aimed at preventing the disappearance, alteration of evidence or traces of the fact. It shall not be suspended in relation to the release or detention of the accused or in relation to linking other people who have been ordered by the request.
Likewise the terms for purposes of bail and the statute of limitations for criminal proceedings will be suspended. Effective Jurisprudence
. The procedure provided in this article will be in a separate file, which will only part of the file if the deal materializes. Otherwise it will be filed.
The prosecutor is not obliged to attend the hearing when you realize that there is sufficient evidence in relation to the issues on which agreement can relate.
The 5th ITEM. The Code of Criminal Procedure will have an article with number 37-B as follows:
"B. COMMON PROVISIONS Article 37 In cases of articles 37 and 37-A of this Code, the following shall apply:. | || 1. ACCUMULATION oF bENEFITS. the benefit of reduction of penalty under articles 37 and 37-a is added and all others shall accrue entitled processing, but in no case will accrue each other. || |.. 2 eQUIVALENT tO rESOLUTION oF iNDICTMENT the minutes containing the charges accepted by the processing in the case of Article 37 or the minutes containing the agreement that Article 37-a refers to, are equivalent to the indictment .
. 3 BREAKING trial proceedings. When it comes to several defendants or offenses, acceptances or partial agreement, in which case the unit will break procedure can be performed.
4. INTEREST tO APPEAL. the sentence is appealable by the Prosecutor, the Attorney General, by the defendant and his counsel, although the latter two only for the dosage of the penalty, the surrogate of the suspended sentence, the sentence for payment of damages, and extinction of dominion over property.
The sentence will not be a civil party debatable, however, whether such a procedure subject to avail himself of the sentence that has been made in damages, it is entitled to appeal in relation to its claim. It may also challenge the agreements enact any preclusion.
5. Exclusion of third liable. When utters anticipated sentence in the events referred to in Articles 37 or 37-A of this Code, in that order terms will not solve the liability of the third. Effective Jurisprudence
6. special hearing and judgment to advance criminal municipal judges and municipal promiscuous. While the Local Units Prosecution implanted in the competition processes Criminal Courts and Municipal Promiscuous Municipal, if the defendant requests special hearing or plea bargain, Judge immediately require the Head of the Prosecution Unit Delegate to the corresponding circuit, the appointment of a Prosecutor from dependence to exert the functions assigned to these effects.
ARTICLE 6o. Article 38 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 38. CONCILIATION STAGE DURING THE PRELIMINARY INVESTIGATION PROCESS OR request of the accused or processing and / or holders of the civil action, the judicial officer may available at any time holding conciliation hearing in crimes that support withdrawal and in the cases provided for in Article 39 of this Code. in all cases, when it has not made the request in the resolution of initiation of the investigation, will mark the official date and time for holding conciliation hearing, which will take place within ten (10) days.
Obtained conciliation, prosecutor or judge may suspend performance by a maximum term of thirty (30) days. Guaranteed compliance with the agreement, inhibitory utter resolution of preclusion of the investigation or cessation of procedure.
If the agreement is not met, immediately continue the process as appropriate.
Not necessary conciliation hearing revealed when the injured have been indemnified or have agreed with the proposed amount must compensate.
PARÁGRAFO. LIMIT OF HEARINGS. You can not perform more than two conciliation hearings or admitted suspension or extension of the term to comply or ensure compliance with the agreement.
ARTICLE 7. Article 39 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 39. preclusion of the investigation OR CESSATION OF PROCEDURE FOR INTEGRAL INDEMNITY In crimes of manslaughter and negligent personal injury, when not under any of the circumstances of aggravation. punitive, enshrined in articles 330 and 341 of CP, and processes for crimes against economic assets when the amount does not exceed two hundred minimum monthly wages, except for qualified theft and extortion, criminal action is extinguished for all the accused when either fully repair the damage.
the extinction of the action which this article applies may not be uttered in another process, with respect to persons in whose favor has been ordered preclusion of the investigation or termination of proceedings for this reason, within the previous five years. for this purpose, the Attorney General's Office shall keep a record of estoppel and cessations of procedure that have been proffered by the application of this article.
The full compensation must be made in accordance with the assessment that the damage done an expert, unless there is agreement on it. Effective Jurisprudence
Article 8. Article 57 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 57. EFFECTS OF CRIMINAL acquittal JEOPARDY Civil action may be commenced or continued when declared by judicial decision, that the act causing the injury was not performed or that the accused did not commit or acted in strict compliance with a legal duty or in self-defense
Article 9. Article 71 of the Code of Criminal Procedure shall read as follows:..
"ARTICLE 71. REGIONAL COMPETITION JUDGES. Regional judges know:
In the first instance:
1. Of the offenses specified in Articles 32 and 33 of Law 30 of 1986, when the number of plants exceeding two thousand units, the seed in excess of ten thousand grams and when the drug or substance exceed ten thousand grams if about marijuana, exceeds three thousand grams if hashish, exceeds two thousand grams if it is cocaine or based substance it and when it exceeds four thousand grams if methaqualone, or equivalent amounts if they are staying in another state .
2. Processes for the crimes described in Article 34 of Law 30 of 1986, in the case of laboratories, or when the amount of stored drugs, transported sold or used exceed ten thousand grams of marijuana, exceeds three thousand grams if is hachis, exceeds two thousand grams if cocaine or based substance it or exceed the four thousand grams if methaqualone, or equivalent amounts if they are staying in another state.
3. Of the offenses described in Articles 35, 39, 43 and 44 of Law 30 of 1986 and derived from the cultivation, production, processing, storage or sale of poppy or latex or heroin.
4. Crimes against the existence and security of the State and the offenses referred to in Decree 2266 of 1991, with the exception of mere carrying of firearms for personal defense, intercepting official CORRESPONDENCE and crimes against voting .
In the case of extortion, competition from the regional judges necessary only if the amount is or exceeds one hundred fifty minimum monthly wages.
5. Of the offenses of kidnapping or aggravated under paragraphs on the 6th, 8th, or 12 of Article 3. Act 40 of 1993 and aggravated murder under the 8th paragraph. Article 324 of the Penal Code. Effective Notes
ARTICLE 10. Article 72 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 72. COMPETENCE OF JUDGES CIRCUIT Circuit Judges know..
1 In the first instance:
to . of the offenses covered by Chapter VII of;. Title II of Book VI of the Commercial Code and related with them
in these cases privatively know the circuit criminal court where it anticipates bankruptcy proceedings .
b De criminal proceedings against mayors, when the offense was committed in the exercise of their duties or because of them
c of the offenses whose prosecution is not attributed to another authority.... | || 2. Secondly, criminal proceedings that are aware of criminal or promiscuous municipal judges.
. 3 collisions competition arising between criminal or promiscuous municipal judges of the same circuit. || |
ARTICLE 11. Article 73 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 73. COMPETENCE oF JUDGES PENAL MUNICIPAL. Municipal criminal judges know:
1. Processes for crimes against economic patrimony which shall not exceed fifty minimum monthly wages.
2. Processes for offenses requiring complaint of a party, whatever its size.
3. Processes personal injury offenses.
Competition for the amount definitively fixed taking into account the value of legal minimum wages at the time of the commission of the act.
When the place where the offense was committed there be no prosecutor who immediately avoque research, will the municipal criminal court of the place, who shall forward immediately to the prosecution unit corresponding notice of initiation. If not possible to make available to the unit tax proceedings and as long as necessary, inquire the accused and resolve the legal situation. Otherwise send the measures to the delegate tax ruling on the legal situation. Effective Jurisprudence
ARTICLE 12. Article 82 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 82. For the practice of proceedings, the Supreme Court may entrust any judicial officer or his assistants judges
. judicial District Courts and other judicial officials may commission outside its headquarters, any judicial authority of the country of equal or lower category.
in the trial stage can not be commissioned to any official of the prosecutor who participated in the preliminary stage or in the formulation of the indictment.
the prosecution official may not judicial commission to corporations, but may do so for the practice of any test or proceeding to other judicial or judicial police, as provisions of this Code.
The decision by which it is commissioned to establish precisely the measures that must be practiced and the term within which must be performed. Effective Jurisprudence
ARTICLE 13. Article 89 of the CPP will read:.
"Article 89. Competence by reason of connectedness and the subjective factor should be failed When related offenses, subject to various skills, know them officer senior.
in the case of offenses connectedness between the regional competition judge and other judicial officer shall prosecuting the regional court.
ARTICLE 14. Article 90 of the Code of Criminal Procedure it will read:
"ARTICLE 90. BREACH OF LITIGATION UNIT. In addition to the provisions of other provisions, not the procedural unit will be retained in the following cases:
1. When in the commission of the offense for a person whose judgment is involved there is a change constitutional immunity involving competition or whose judgment is attributed to a particular jurisdiction.
2. When the decision to close investigation referred to in Article 438-A of this Code or the indictment refers not understand all the offenses or all partners.
3. When partial annulment of the procedural action requiring replenish the process in relation to one of the accused or of offenses is decreed.
4. When you have not uttered for all crimes and all processed sentence to refer articles 37 and 37-A of this Code.
5. When the completion of the process under Articles 38 and 39 of this Code does not comprise all offenses or all prosecution.
6. When the trial stage of supervening evidence to determine the existence of another punishable act or allow anyone to link processing as they arise.
7. When related offenses, one of which required investigation prior declaration of bankruptcy as a condition of processability to institute criminal proceedings and it is not duly executed.
In these cases it will suffice that the civil judge Compulse copies for the initiation of a criminal investigation for related offenses that do not require such a decision.
If the breakdown of the unit does not generate change in competition, the official who ordered separately continue hearing the trial.
Article 15. Article 103 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 103. There are grounds for disqualification grounds for disqualification:
1. That court officer, your spouse or permanent, or. some of his relatives within the fourth degree of consanguinity, affinity or civil first, an interest in the process.
2. May the judicial officer is a creditor or debtor of any of the procedural subjects, their spouse or life partner, or a relative within the fourth degree of consanguinity, affinity or civil first.
. 3 May the judicial officer, or your spouse or life partner, is relative within the fourth degree of consanguinity, affinity or first civil, the attorney or advocate any of the procedural subjects.
4. May the judicial officer has been attorney or advocate any of the parties to proceedings, or is or was a counterpart of any of them, or gave advice or expressed opinion on the subject matter of the process.
5. There is serious intimate friendship or enmity between any of the parties to proceedings and the judicial officer.
6. The officer issued the ruling which the review is or has participated in the process or is the spouse or life partner, relative within the fourth degree of consanguinity, affinity or first civil, the lower that issued the ruling to be reviewed .
7. The judicial officer has stopped beating, without acting, the terms established by law to effect unless the delay is duly justified.
8. The judicial official, his spouse or life partner, or relative within the fourth degree of consanguinity, affinity or first civil, is a partner of any of the procedural subjects partnership, limited liability, simple or indeed comandita.
9. The judicial officer is heir or legatee of any of the parties to proceedings, or your spouse or life partner, or any of his relatives within the fourth degree of consanguinity, affinity or first civil.
10. The judicial officer has been legally linked to a criminal or disciplinary investigation which have made him charge, complaint filed before the process starts, for any of the procedural subjects. If it were made the complaint after the initiation of the process will proceed impediment when it legally binding on the judicial officer.
11. The judge has acted as prosecutor.
12. The prosecutor has participated in the special hearing whenever there is no agreement or that it has any unproved.
When the agreement has been unproved, will also be prevented the court of first and second instance, involved in the decision.
Article 16. Article 112 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 112. DISABILITY AND CHALLENGE OF EMPLOYEES OR OTHER OFFICIALS The grounds for disqualification and penalties apply to the Attorney General's Office and all delegates, members of the coaching staff of the Judicial police, the prosecutors and employees of the Judicial Offices and prosecutors' offices, as well as any other officer exercising transitional judicial police, who will in his superior knowledge of the impediment exists, without prejudice to the parties concerned can challenge them, if they do not appear within the period specified in Article 104. the flat upper decide if I find founded or not the grounds for recusal or disability and proceed to replace it.
in the case of impediment or recusal of municipal representative, the demonstration was made before the provincial prosecutor of its jurisdiction, who shall replace him, if any of this, by an official in his own department or in the same personality, or the personero the nearest town.
In the case of the Attorney General's Office, Prosecutor's Office, and other entities having judicial police functions shall mean the person above indicating the respective entity under its structure.
In these cases no action will be suspended.
Article 17. Article 121 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 121. GENERAL Attorney General for the Prosecutor General's Office.
1 Research, qualify and accuse,. if we add any, directly or through their delegates prosecution unit before the Supreme Court, senior officials who enjoy constitutional immunity with the exceptions provided for in the Constitution.
2. When considered necessary, and in exceptional cases requiring direct care, research, rate and accuse, displacing any delegate prosecutor. Against the decisions on development of instruction only the remedy of reinstatement.
. 3 Resolving the challenges that do not accept the prosecutors before the Supreme Court.
4. During the preliminary stage, and when necessary to ensure the efficiency of it, order the transfer of the action conducted by a Chief Prosecutor's office of any other reasoned decision. Against this determination No appeal, but it must always be reported to the prosecutor and other procedural subjects. Effective Jurisprudence
5. Investigate, qualify and accuses, if it any, the Deputy Procurator General's Office, the Deputy Prosecutor General and Prosecutors Delegated before the Supreme Court.
ARTICLE 18. The Code of Criminal Procedure, will have an article with the number 121A, as follows:
"ARTICLE 121 A. GENERAL Deputy Prosecutor corresponds to Deputy Attorney General.
1 . Representing the Attorney General's Office to the branches of government, and society in all actions in which it has been delegated by him.
2. Replace without special resolution, the Attorney General in his absence temporary or definitive and in the latter case when the appointing authority to make the necessary appointment.
Replace the Attorney General in his temporary absence or in cases of procedural obstacle.
Term Notes Notes
editor. 3 coordinate under the direction of Attorney General, the exchange of information and evidence on domestic or foreign implicated in crimes committed abroad.
4. Investigate and indict qualify under the direction of Attorney General to Deputy Prosecutors before the National Court and the High Courts. For practical tests or procedures, you can commission the prosecutors before the Supreme Court, the same as for the prior investigation. Effective Notes
5. Delegate act as Special Prosecutor in those processes that directly assigned by the Attorney General's Office.
Article 19. Article 125 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 125. FISCAL DELEGATES TO THE UPPER DISTRICT COURTS up to the prosecutors assigned to the High Court:
1 Research. , qualify and accuse, if this place any crimes whose prosecution is attributed in the first instance to the Higher District Court.
2. Resolve appeals and in fact brought against decisions handed down at first instance by the prosecutors .. before circuit judges, municipal or promiscuous
3 When deemed necessary, investigate, qualify and moving directly accuse the prosecutors before the respective district court, reasoned decision against which no appeal. | Effective
|| Jurisprudence 4. Decide on not accepted by the tax mentioned in the second paragraph of this article challenges.
5. Assign the knowledge of the instruction when present conflict between the prosecutors to circuit judges, municipal and promiscuous. Effective Jurisprudence
PARÁGRAFO TRANSIENT. He also resolve conflicts that arise between promiscuous municipal criminal courts or prosecutors attached to the circuit judges.
6. During the investigation stage order the remission of advanced performance by a prosecutor delegate to any judge of the respective district to another office of the same district.
Article 20. Article 131 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 131. PUBLIC PROSECUTOR In defense of the interests of society the prosecution in criminal proceedings shall be exercised by the Attorney General the Nation, personally or through his delegates and agents. in the previous investigation and instruction may intervene at all stages of the action, with full power of party to the proceedings. in the trial intervene when necessary in defense of legal order, public property or fundamental rights and guarantees.
PARÁGRAFO. to fulfill its functions, the public Prosecutor at any procedural stage may request the referral of complete copies of the file, at their expense.
equal right to the issue of copies at their expense will, at any stage of the performance, both processes jurisdiction of the ordinary judges and regional, the other procedural subjects.
ARTICLE 21. The Code of Criminal Procedure, will have an article with the number 131A, as follows:
"ARTICLE 131A. COMPETITION municipal representatives Municipal ombudsmen perform the functions of the public prosecutor in the affairs of competition and promiscuous criminal municipal courts and prosecutors assigned to the circuit judges, municipal and promiscuous, notwithstanding that they are assumed directly by officials of the Attorney General's Office.
Article 22. Article 135 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 135. FUNCTIONS SPECIAL PROSECUTORS. It corresponds to the prosecutor as a party to the proceedings, in addition to other duties under this Code:
1. Ensure that in cases of withdrawal, formule who act freely.
2. Witness the proceedings in which the protection of the identity of the judge, prosecutor or witness, ensuring compliance with the law is established. Effective Jurisprudence
3. Order the preclusion of the investigation and the cessation of the procedure if it considers that the necessary budgets to meet these decisions.
4. At the public hearing will intervene in cases where processing is covered by constitutional immunity, which relate to matters of public interest and those that had acted as querrellante or exercised special request. Intervening in the public hearing to assist the charges or seek acquittal. Effective Jurisprudence
5. Monitor compliance with the obligations and prohibitions imposed in cases of injunction, bail and custody.
6. He also controlled the allocation of the proceedings to a prosecutor to advance research or distribution by lot processed a judge to the trial.
Article 23. Article 144 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 144. DEPUTY ATTORNEYS Defense and the attorney for the civil party may designate alternates under their responsibility, who will participate in the procedural action from the time it is presented to the office the letter containing his appointment.
the appointment of alternate means revoked when another person for these purposes is designated.
the main agents and alternates can not act in ways simultaneously.
the main and alternate representatives may appoint as auxiliary law students to meet and learn from the proceedings. These auxiliaries act under the responsibility of the appointed and have access to the file, meaning committed to keeping the reservation corresponding if applicable
Effective Decisions ARTICLE 24. Article 154 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 154. OPPORTUNITY. The liable third party, who has acted during the process as a party to the proceedings, may intervene in the settlement proceedings incidental damages that promotes after sentencing.
The incident will be dealt with in accordance with Articles 63 and following of this code.
Article 25. Article 190 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 190. NOTICE STATE When it is not possible personal notification to the proceedings other than those referred to in Article 188 of this. code notification state to be set after three days counted from the date on which it is made diligence citation by telegram to the address listed on the record will be. the state is fixed for the term a day at secretariat and record locking and desfijación be left
ARTICLE 26. the Code of Criminal Procedure will have an article with the number 196-a, as follows:.
"ARTICLE 196A. SUPPORTING OF FIRST INSTANCE Appeal against interlocutory. When you have brought the appeal as unique, after the deadline to appeal, the Secretary, upon proof leave the file available to those who appealed for a term of five (5) days for the respective lift. Precluded the previous term, to run common non-recurring transfer for a period of six (6) days.
ARTICLE 27. The Code of Criminal Procedure will have an article with No. 196-B, as follows:..
"ARTICLE 196B SUPPORTING THE APPEAL AGAINST SENTENCE The FILED appeal filed against the judgment may be supported in writing or orally the manifestation of oral or written support must be made at the time of lodging the appeal
If all recurring sustain declare their intention of writing the procedure provided in Article 196-a is dispensed... | || If any of the procedural subjects expresses its intention to orally support the appeal shall not be granted immediately and the procedure provided in the previous article shall apply.
When the resource is not sustain be declared void. || | whoever has requested oral arguments and fails to appear at the respective hearing without justification shall receive a penalty of ten to thirty minimum monthly wages fine by motivated ruling that only supports internal appeal.
Article 28. Article 200 of the Code of Criminal Procedure shall read as follows:.
"PROCEEDINGS ARTICLE 200. When the administrative appeal is made in writing and as unique, expiration of the term to challenge the decision, the request secretariat will remain for two days on transfer to the procedural subjects, which shall be recorded. Assortment transfer the appeal is decided.
an appeal hearing or proceeding replenishment will be decided right there after hearing the other subjects process.
When stand as the principal appeals and the subsidiary appeals, denied the replacement and granted the appeal, the process will be available to the litigants by common transfer within six days, if They see fit adicionen their arguments at the time of filing the replacement, after which the business will be sent immediately to the upper
Article 29. Article 206 of the Code of Criminal Procedure shall read as follows.:
"ARTICLE 206. queryable provisions. In crimes of knowledge of Prosecutors and regional judges, are consulted when no appeal is filed, the ruling by which the cessation of proceedings is ordered, the preclusion of the investigation, decision ordering the return of assets of individuals accused or accused allegedly from the execution of the offense that is material or subject matter hereof and sentences that are not anticipated.
Term Notes Effective decisions
Article 30. Article 213 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 213. second instance of interlocutory. Made the deal, the process is made available to the official, who shall decide the appeal within ten days.
The consultation process is as follows: After making the deal, the clerk will set in the action list for a period of eight days for the procedural subjects present their arguments. Once this term expires, the official will have ten days to decide.
If it comes referee judge, the judge rapporteur shall have ten days to submit project and a term equal room for study and decision.
Article 31. Article 214 of the Code of Criminal Procedure shall read as follows:
"ARTICLE SECOND INSTANCE OF JUDGMENTS 214. When the appeal has been supported in writing in the first instance, made the assignment or allocation at second. instance, the process is made available to the respective official, who must resolve within fifteen (15) days.
When opting for oral arguments, once the process has been made available to the official, this will mark date for hearing must be held within fifteen (15) days. After the hearing, issue a judgment on the term provided in the preceding article.
in the process of competence of the National Court public hearing was not held. appeals they determined under the provisions of the previous article
Term Notes Effective Decisions
Article 32. Article 215 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 215. MANDATORY SUPPORTING THE APPEAL. Who has brought the appeal must sustain. If it does, the official declares desert by providence support against which an appeal for reinstatement. Effective Jurisprudence
Article 33. Article 216 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 216. APPEAL AGAINST PROVIDENCE DECIDE ON THAT FREEDOM OF DETENTION OR SYNDICATED the case of appeal rulings that decide on. detention or release of the accused, the terms set forth in the preceding articles will be reduced by half.
the orders to be issued to grant this resource and process are not reported and are of immediate compliance.
ARTICLE 34 . Article 217 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 217. JURISDICTION oF SUPERIOR. The consultation allows the upper decide without limitation on the order or the relevant part of it; the appeal allows you to revise the areas contested. In the case of a conviction can not be in any case aggravate the sentence, unless the prosecutor or the Public Prosecutor or the civil party when he has interest to it, rendered it recurred. Effective Notes
Article 35. Article 218 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 218. PROVENANCE The extraordinary appeal filed against decisions handed down by the National Court, the High Courts and Judicial District Military Criminal Court, on appeal, by the crimes with punishment is deprivation of liberty whose maximum is or exceeding six (6) years even if the sanction has been imposed a security measure.
the appeal extends related crimes, although the penalty for them is less than that indicated in the preceding paragraph.
exceptionally, the Criminal Chamber of the Supreme Court, at its discretion, may accept an appeal in cases other than those above, .a request of the Attorney General, his deputy, or the Ombudsman, when deemed necessary for the development of jurisprudence or the guarantee of fundamental rights.
Effective Decisions Effective Jurisprudence
Article 36. Article 222 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 222. Eligibility to appeal. An appeal may be brought by the defendant, his counsel, the attorney for the civil party, the prosecutor, the public prosecutor and the third liable. The defendant can not support the . appeal, unless lawyer entitled
Notes Effective Article 37. Article 293 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 293. RESERVE tHE IDENTITY oF WITNESS . When it comes to knowledge processes of regional judges and the circumstances warrant, for safety of witnesses be allowed that they put the fingerprint on your statement instead of your signature. In these cases the prosecution certify, along with the prosecutor who practices diligence that corresponds to trace the person said. In the text of the Act, to be added to the file, the reference to the name of the person is ignored and record the lifting of the identity of the witness and the destination to be given to the reserved part of the Act shall be kept, in which shall be indicated the identity of the declarant and all the elements that can be used to assess the credibility of the testimony. The reserved portion of the Act shall bear the signature and fingerprint of the witness and the signatures of the Prosecutor and the Public Prosecutor.
Exceptionally, the reserve may be extended to swerve from the declaration that would allow the identification of the witness to ensure their protection authorized Attorney and Public Prosecutor, who must agree to proceed this measure. Effective Jurisprudence
The judge, the prosecutor and the prosecution know the identity of the witness and any other Act quiet part of the assessment of evidence in accordance with sound judgment. The reserve is maintained for other parties to proceedings, but will rise sooner if false testimony, serious contradictions or fraudulent purposes, or when the safety of the witness is guaranteed by legal change of identity or any other form of incorporation Protection Program are discovered victims and Witnesses. Effective Jurisprudence
The foregoing provisions shall apply in all cases subject to the rules contained in confrontation testimony public human rights treaties ratified by Colombia, or the right of contradiction of the evidence in the indictment and trial guaranteed by Article 29 of the Constitution. Protecting the identity of the witness, the defense is entitled to expansion diligence is practiced testimony and cross-examine the deponent it. Effective Notes
Article 38. Article 299 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 299. REDUCTION OF PENALTY IN CASE OF CONFESSION Who, except in cases of flagrante delicto, during its first version before the official. court hearing the procedural action acknowledges the fact, if convicted, the penalty will be reduced by one sixth (1/6) part.
Effective Decisions ARTICLE 39. Article 306 of the Code Criminal Procedure shall read as follows:
"OPPORTUNITY tO INVOKE ARTICLE 306. NULLITIES originated in the investigation stage. Annulments that are not invoked until the end of the common transfer to prepare for the hearing, only be discussed in the appeal. Effective Jurisprudence
Article 40. Article 319 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 319 PURPOSE OF PRIOR RESEARCH In case of doubt about the origin of the opening of the investigation, previous research will aim to determine whether there is room or not the exercise of criminal action Pretend to advance the tending necessary steps to determine whether there has been occurrence the fact that by any means has come to the attention of the authorities. if it is described in criminal law as punishable , the criminal and procedural practice and raise the necessary evidence regarding the identity or identification of the perpetrators or the fact Jurisprudence action
Effective Article 41. Article 324 of the Code of Procedure. criminal, shall be as follows:
"ARTICLE 324. DURATION OF THE PRIOR RESEARCH AND RIGHT OF DEFENCE. Previous research when there is known the accused be held in the maximum period of two months which expired resolution of initiation of the investigation or restraining order is issued. However in the case of crimes under the jurisdiction of regional judges the term will be up to four months. Effective Notes
When there is no specific person prior research will continue until ue that identity is obtained.
Who is aware that in a previous investigation are aired allegations against him, has the right to seek and to be heard immediately free version and appoint counsel to assist him in this and all other proceedings of that investigation. Effective Jurisprudence
Article 42. Article 329 of the Code of Criminal Procedure shall read as follows:.
"ARTICLE 329. TERM FOR INSTRUCTION The official who has directed or conducted the preliminary investigation, if it has jurisdiction will be the same as open and forward instruction, unless the movement has been arranged.
the term of instruction corresponding to any judicial authority may not exceed eighteen (18) months from the date of initiation. However
if he is three (3) or more syndicated or offenses, the maximum term is thirty (30) months.
expiration of the term, is the only action from qualifying.
TRANSITORY PARAGRAPH. the processes to entry into force of this Act are in progress will be qualified as follows:.
processes whose preliminary stage does not exceed six (6) months will qualify under the terms set out in this Article
in processes in which an equal or greater than six terms (6) months has elapsed without exceeding eighteen in the preliminary stage, the term rating will be available for twelve (12) months.
Processes in which a term equal to or greater than eighteen (18) months has elapsed without exceeding forty-eight (48) preliminary stage will qualify a term not exceeding eight (8) months.
In the events referred to in the two preceding paragraphs, in the case of three (3) or more crimes or accused, the term of instruction provided there shall be increased by two thirds.
In processes in which a term not less than forty-eight (48) months has elapsed without exceeding sixty (60) in the preliminary stage, the term available for qualification shall be four (4) months.
Processes of instruction at which stage a term not less than sixty (60) months has elapsed qualify a term not exceeding two (2) months.
This provision will also apply to proceedings for offenses competition of regional judges. Effective Jurisprudence
Article 43. Article 338 of the Code of Criminal Procedure shall read as follows:
"ARTICLE 338. SEIZURE instruments and effects that it has committed an intentional criminal act or resulting from their implementation and do not have. free trade, will to power of the Attorney General's Office or entity designated by it, unless law provides for their destruction. When the Attorney General's Office has to make corresponding description should prefer the needs of the Attorney General of the Nation. in intentional crimes, motor vehicles, ships or aircraft, any unit mounted on wheels and other objects that have free trade, they will be submitted to the technical experticios, to be held within ten days from the date the time the vehicle has been made available to the officer. Decreed this and expiration of the term, Hayase or not technical experticio, will be delivered in trust to the owner or legitimate holder, except the right of third parties or rules have otherwise.
To practice experticio, the official will use the services of official experts or any person skilled in this field.
The delivery shall be final when paid or guaranteed at any procedural stage material or moral damages, fixed by expert appraisal, or when acquittal, discontinuance of the proceedings or final resolution of preclusion of the investigation is issued.
If you have not been paid or guaranteed payment of damages, and be from the order to pay them, the judicial officer shall order the confiscation of the above items, for the purposes of compensation.
ARTICLE 44. The Code of Criminal Procedure will have an article with the number 369-A, as follows:
"ARTICLE 369A. EARNINGS PER EFFECTIVE COLLABORATION. The Attorney General's Office or the Prosecutor designated by him prior opinion of the Attorney General's Office or his delegate, may agree one or more of the benefits embodied in this article people are investigated, prosecuted or convicted under the cooperation providing the authorities of any order for the effectiveness of the administration of justice, holding her agreement to the approval of the competent judicial authority.
the agreement the benefits may be proposed as assessed by the prosecution about the degree of effectiveness or importance of collaboration, according to the following criteria:
a) Contribution to the authorities for the dismantling of criminal organizations or wanes or capture of one or more of its members;
b) Contribution to the success of the investigation regarding the determination of perpetrators or participants in crimes;
c) Collaboration in effective crime prevention or reduction of the consequences of crimes already committed or ongoing:
d) Denunciation of partners, accompanied by effective evidence of their responsibility; Effective Notes
E) Voluntary submission to the judicial authorities or free confession rebutted by other evidence; Effective Notes
F) voluntary abandonment of a criminal organization by one or more of its members; Effective Notes
G) Identification of sources of funding for crime and seizure of goods for funding organizations.
H) The delivery of goods and instruments with which the crime was committed or that come from their execution. Effective Notes
May be agreed, cumulatively and because of the degree of collaboration, a decrease of one-sixth (1/6) to two thirds (2/3) of the penalty for the accused in the conviction; exclusion or granting specific grounds for aggravation or mitigation punitive respectively; probation; suspended sentence; probation under the terms provided in the Penal Code; substitution of deprivation of liberty for social work; benefit of increased sentence reduction for work, study or teaching; house arrest during the trial or execution of sentence, for crimes whose legal minimum penalty for the most serious offense, does not exceed eight (8) years; and inclusion in the program of protection of victims and witnesses.
In any case the benefits may involve the total exclusion of the execution of punishment, nor shall be conditional upon the confession of the collaborator.
PARÁGRAFO. For the purposes of paragraph (c) of this Article, it is understood that the consequences of a crime is diminished when the victims or the community voluntarily compensated; They are delivered to the appropriate authorities to commit crimes, or goods or effects from execution elements; It managed to decrease the number of injured or the extent of the damage that would result scheduled or ongoing crimes by timely notice to the authorities, or is prevented by this means the consummation thereof; the identification of members of criminal organizations is facilitated or apprehension is encouraged; tests on goods that are the product of organized or serve for financing supplied crime; or effectively cooperates with the authorities in the rescue of kidnapped persons.
ARTICLE 45. The Code of Criminal Procedure will have an article with the number 369B, as follows:
"ARTICLE 369B BENEFITS FOR PEOPLE NOT LINKED TO PROCESS The Attorney General's Office or the Prosecutor designee.. and prior opinion of the Attorney General's Office or its delegate, may grant the benefit of a person not related to criminal proceedings give testimony or cooperate with justice by providing information and evidence, will not be subject to investigation or prosecution for facts regarding which render without incriminating statement when their version or contribution can contribute effectively to the administration of justice, provided that it has not participated in the crime.
If the person who pays testimony and spontaneously confesses free under Article 33 of the Constitution, participation in punishable acts and works for the effective administration of justice in the terms provided in this article, you open investigation, but may be granted provisional release in the event of a security measure imposed. If convicted may be granted the surrogate suspended sentence when the minimum penalty for the most serious offense does not exceed five (5) years; when he is superior not to exceed eight (8) years, you may be granted parole provided that there is at least a quarter of it. In other cases, it is fulfilled at least one third of the sentence.
The benefit assessment may be agreed by the Attorney General's Office, prosecutor or designee, as assessed on the degree of collaboration for the effective administration of justice as long as it contributes to:
a) incriminate authors intellectual or other authors or participants of the event or offenses;
B) to prevent the commission of crimes;
C) Identification, location or capture of other authors or participants in the event or offenses;
D) Disrupt wholly or partially criminal organizations;
E) Evidence of responsibility of the authors or participants in the event or offenses.
To make the appropriate dosage, the officer may take into account, in addition to the criteria set out in this article, the contribution to the identification of sources of financing of criminal organizations, the seizure of goods for funding and delivery of goods and instruments with which the crime was committed or that come from their execution.
In any case there must be a proportionality between the benefit and the degree of collaboration with justice. Bail, surrogates of suspended sentence and probation or benefits of replacing it for social work, increased redemption penalty for work, study or teaching and home detention during the trial or execution of sentence, with the limits established in the preceding article, previous study of the relationship between the severity of the act or acts confessed, and the importance, appropriateness and effectiveness of the witness or collaborator may be granted. In any case the benefits may involve the total exclusion of serving the sentence.
These benefits may be granted to witnesses or collaborators that are within or outside the national territory.
PARÁGRAFO. PROCESS. The Attorney General's Office or the prosecutor designated by him prior opinion of the Attorney General's Office or his delegate shall prepare a report with the witness or collaborator in stating:
a) the benefit granted;
B) The facts to which refers the benefit and confession in this case may be made for;
C) The obligations which the person who benefits is subject. Effective Notes
ARTICLE 46. The Code of Criminal Procedure will have an article with the number 369-C, as follows:..
"Article 369c COLLABORATION DURING THE TRAINING If collaboration to Article 369-A is concerned, is performed during the investigation stage, the agreement between the prosecutor and the accused shall be recorded in a certificate signed by the participants, which will be forwarded to the judge to control the respective law.
Received the minutes, the judge in a period not exceeding five working days may make comments to the contents thereof and the granting of benefits drive that does not support resources, which also ordered to return the process to the Attorney immediately.
within a term not than ten working days, the prosecutor and the accused shall decide on the judge's observations in supplementary act, which returned to it.
Having received the original certificate or supplemental, as appropriate, the judge in a period not exceeding ten working days to approve or improbará the agreement by interlocutory susceptible providence of regular resources when unproved any agreement which may be brought by the defendant, his counsel, the prosecutor or the prosecutor.
Approved the agreement by the judge, the prosecutor will grant the benefit in the case of probation or house arrest. In the cases of the other benefits the judge recognized in the statement.
When the person requesting advance ruling or special hearing and express their desire to cooperate effectively with the law, the procedure laid down in Article 37 or 37-A of this Code shall apply, as appropriate. Effective Jurisprudence
ARTICLE 47. The Code of Criminal Procedure will have an article with the number 369-D, as follows:..
"ARTICLE 369D CONCURRENT COLLABORATION OR BACK TO JUDGING When collaboration taken place by the trial stage, the prosecution will propose for the consideration and approval of the judge's recognition of the benefits remitting the respective record. I recognized the benefit in cases of probation and house arrest, the judge granted immediately. in the case of other benefits, the judge granted the conviction when there is cause for it.
If collaboration is carried out after the trial, the judge sentence enforcement or the person acting at the request of the prosecution, may grant surrogate parole sentence conditional execution, replacing the deprivation of liberty for social work, increased reduction of sentence for work, study or teaching; and inclusion in the program of protection of victims and witnesses.
If collaboration comes from convicted person, the Judge of Execution of Punishments or person acting at the request of the prosecution, decide on the award of benefit within ten (10) business days following receipt of the request.
If the adjusted application is the law, Judge Execution of Sentences or his substitute, given the benefit of an order which does not support any resource. Otherwise, it will decide on the reasons for its decision by susceptible providence of regular resources.
ARTICLE 48. The Code of Criminal Procedure will have an article with the number 369-E, as follows:.
"ARTICLE 369E may invoke the procedure provided in the previous articles anyone who knows or reasonably believe that this being sought or prosecuted by the criminal authorities, going to the Prosecutor General's Office or his delegate and making itself available to the advancement of the investigative steps and in order that their situation before the law by the ordinary channels of final judgment due process.
PARÁGRAFO. recidivism in the commission of crimes once welcomed the procedure referred to in previous articles, deprives the person of possibility, definitively, of . eligible again to benefits under this Act
ARTICLE 49. the Code of Criminal Procedure will have an article with the number 369-F, as follows:
"ARTICLE 369F. BENEFITS CONDITIONAL. When the benefits under this law are granted and especially guarantee no investigation or prosecution, probation, house arrest during the trial or execution of sentence, suspended sentence, probation, replacing the penalty of deprivation of freedom for social work, the competent judicial officer imposed to benefit one or more of the following obligations:
a) Report any change of residence;
B) Exercise trade, profession or lawful occupation;
C) Repairing the damage caused by the crime, unless it is proved that it is impossible to do so;
D) should not drink alcoholic beverages;
E) under the oversight of the authorities or report regularly to them;
F) Appear when the court official request;
G) Observe good individual, family and social behavior;
H) not commit a new offense, except in the case of culpable offenses;
I) not leave the country without prior authorization from the competent judicial officer;
J) Comply with the obligations under the rules and regulations of the prison system and good behavior in the prison establishment;
K) Comply and accredit the work or study to the competent authorities.
The competent judicial officer shall impose the obligations discretion, depending on the nature and modalities of the offense, the circumstances of time, manner and place in which it was committed, the nature of the benefit, the personality of the recipient, criminal records and good conduct in the prison establishment.
Obligations under this article, shall be guaranteed by surety to be determined by the same judicial officer.
ARTICLE 50. The Code of Criminal Procedure will have an article with the number 369g, as follows:
"ARTICLE 369g. REVOCATION OF BENEFITS. The judicial officer who gave the benefit can reverse it when you find it has failed to fulfill obligations, it has committed the crime of escape of prisoners or serious misconduct against the prison regime during the respective test period.