ACT 81 OF 1993
Official Journal No. 41,098 of 2 November 1993
By which changes are made to the Code of Criminal Procedure.
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. Article 29 of the Criminal Procedure Code will remain so:
" ARTICLE 29. CONDITIONS OF PROCESSABILITY, COMPLAINT AND PETITION. The complaint and the petition are conditions for the processability of the criminal action. Where the law requires a complaint or a special request to initiate proceedings, it shall be sufficient for those who have the right to submit them to the competent authority, with the same formalities and powers as laid down in Article 27.
When the crime that requires a complaint affects the public interest, the Public Ministry may formulate it.
When the State is the taxable person of the punishable fact that requires a special request, it must be filed by the Attorney General of the Nation.
Criminal proceedings may only be initiated for punishable acts requiring bankruptcy filing when such decision is duly executed.
ARTICLE 2o. Article 33 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 33. Crimes that require a party complaint. In order to initiate criminal proceedings, it will be necessary to request or request part of the following offences: Infidelity to professional duties (Article 175 C.P.); usury and surcharge on sales within the period (Article 235 C.P.); incest (Article 259 C.P.); bigamy (Article 260 C.P.); unlawful marriage (Article 261 C.P.); suspension, alteration of the civil status (Article 262 C.P.); food inassistance (Articles 263, 264 and 265 C.P.); misappropriation and distoning of goods (Article 266 C.P.); Carnal access by deception (Article 301 C.P.); sexual act by deception (article 302 C.P.); breach of communication (Article 288 C.P.); injury (Article 313 C.P.); slander (Article 314 C.P.); indirect slander and slander (Articles 315 and 316 C. P); injury by way of fact (Article 319 C.P.); reciprocal injury (Article 320) C.P.); illegal issuance and transfer of cheques where the amount exceeds 10 monthly minimum legal wages (Article 357 (c) P); use of foreign error or fortuitous case, where the amount of the benefit exceeds the ten minimum wages legal monthly (Article 361 C.P.); breach of trust where the amount exceeds 10 monthly minimum legal wages (Article 358 C.P.); of the damage to other persons when the amount exceeds 10 minimum monthly legal wages (Article 370 C.P.); of the usurpation (Articles 365 to 368 C.P.); invasion of land or buildings (article 367 C.P.); disturbance of possession of immovable property (Article 368 C.P.); personal injury without sequelae, which may result in incapacity for work or sickness which shall pass from thirty (30) days without exceeding sixty (60).
ARTICLE 3o. Article 37 of the Criminal Procedure Code will remain so:
" ARTICLE 37. ADVANCE JUDGMENT. The decision defining the legal situation and before the investigation is closed, the defendant may request that the judgment be given in advance.
The application, the prosecutor, if deemed necessary, will be able to extend the investigation and practice tests within a maximum period of eight (8) days.
The charges made by the Prosecutor and his acceptance by the defendant will be entered in an act signed by those who have intervened.
The proceedings shall be forwarded to the competent Judge who, within ten (10) working days, shall give judgment in accordance with the facts and circumstances accepted, provided that there has been no breach of fundamental guarantees.
The judge will issue the appropriate penalty and on the amount that will be determined by a decrease of 1/3 of it for reason of having accepted the process of its responsibility.
An advance sentence may also be issued, when the prosecution resolution is proposed and before the date for the conclusion of the public hearing, the defendant will accept the criminal responsibility for all the charges there. formulated. In this case the downgrade will be a sixth (1/ 6) part of the penalty.
ARTICLE 4. The Criminal Procedure Code will have an item with the number 37-A, as follows:
" ARTICLE 37 A. SPECIAL HEARING. From the execution of the decision defining the legal status of the defendant and until before the investigation is closed, the prosecutor, ex officio or at the initiative of the process, directly or through his proxy, may dispose of only once a special hearing is held in which the prosecutor will present the charges against the defendant. The hearing will deal with the typical adequacy, degree of participation, the form of guilt, the circumstances of the offence, the penalty and the sentence of the conditional execution, the preclusion for other behaviors sanctioned with lesser punishment, as long as there is doubt about its existence.
Terminated the hearing will be entered into a record containing the agreement that has been reached on the aspects referred to in the previous paragraph. The process shall be forwarded to the knowledge judge within five (5) working days following the hearing.
Received the file by the Judge, will dictate judgment within ten (10) days of compliance with what has been agreed upon if the agreement is in accordance with the Law and provided that fundamental rights of the defendant have not been violated.
The Judge may make observations on the legality of the agreement, if deemed necessary, by means of an order which does not allow for any appeal in which it will order to return the file to the prosecutor and will cite a hearing to be held within the five (5) days following receipt of the observations. In the hearing, the prosecutor and the syndicate will discuss the observations with the judge and will demonstrate if they accept them, which they will record in a report. In the case of accepting the observations, the Judge will give judgment in the term of five (5) days.
Expired the term set forth in the third paragraph of this article or finalized the hearing referred to in the preceding paragraph, the Judge, in case of failure to accept the agreement will prove it by self-susceptible appeal.
Syndicated who gets to the special hearing will be recognized as a penalty downgrade benefit from a sixth to a third party.
PARAGRAFO 1o. SUSPENSION OF PROCEDURAL ACTION. From the moment the hearing is requested until when the providence decided on the agreement is signed, the procedural action shall be suspended, for a term which may not exceed thirty (30) working days. However, urgent measures of instruction may be carried out in order to avoid the disappearance, alteration of the evidence or remains of the event. It shall not be suspended as regards the freedom or detention of the person prosecuted or in connection with the connection of other persons who have been ordered prior to such application.
The terms for the effects of provisional freedom and the term of limitation of criminal action will be suspended.
PARAGRAFO 2o. The procedure provided for in this article will be done in separate notebook, which will only be part of the case if the agreement is entered into. Otherwise it will be archived.
The prosecutor will not be required to attend the hearing when he warns that there is sufficient evidence in relation to the aspects on which the deal can be dealt with.
ARTICLE 5o. The Criminal Procedure Code will have an item with the following tenor number 37-B:
" ARTICLE 37 B. PROVISIONS. In the cases of Articles 37 and 37-A of this Code the following provisions shall apply:
1. PROFIT ACCUMULATION. The penalty reduction benefit provided for in Articles 37 and 37-A is additional and will accrue to everyone else who is entitled to the processing, but in no case will they accumulate each other.
2. EQUIVALENCE TO THE CHARGING RESOLUTION. The minutes containing the charges accepted by the defendant in the case of Article 37 or the record contained in the agreement referred to in Article 37-A are equivalent to the indictment.
3. BREAKING OF THE PROCEDURAL UNIT. When it comes to various prosecutions or crimes, you can accept partial acceptance or partial agreement, in which case the procedural unit will be broken.
4. INTEREST TO APPEAL. The sentence is appealed by the Prosecutor, the Public Ministry, by the defendant and by his defender, although for the latter two only with respect to the dosage of the sentence, the surrogacy of the sentence of conditional execution, the conviction for the payment of damages, and the extinction of the domain over goods.
The sentence will not be of the opinion of the civil party, however, if such a procedural subject wants to benefit from the conviction that has been made in damages, he is entitled to appeal in relation to his claim. It may also contest the agreements which have entered into a precluding.
5. Exclusion of the civilly responsible third party. When advance judgment is given in the events referred to in Articles 37 or 37-A of this Code, the civil liability of the third party shall not be resolved in that providence.
6. Special hearing and advance sentence before municipal and promiscuous municipal criminal judges. While the Local Public Prosecutor's Units are in place, in the competition proceedings of Municipal Criminal and Promiscuous Municipal Judges, if the defendant requests a special hearing or an advance sentence, the Judge will immediately require the Chief of the Unit of the Prosecutor's Office Delegate to the corresponding Circuit, the designation of a Prosecutor of its dependency to exercise the functions attributed to these effects.
ARTICLE 6o. Article 38 of the Criminal Procedure Code will be as follows:
" ARTICLE 38. RECONCILIATION DURING THE STAGE OF THE PRIOR INVESTIGATION OR THE PROCESS. At the request of the accused or prosecuted and/or the holders of the civil action, the judicial officer may have at any time the holding of a conciliation hearing, in the offences that admit withdrawal and in the cases provided for in the Article 39 of this Code. In all cases, where no application has been made, in the opening decision of the investigation, the official shall indicate the date and time for the conclusion of the conciliation hearing, which shall be held within ten (10) days.
Obtained the reconciliation, the prosecutor or the judge may suspend the action for a maximum term of thirty (30) days. The compliance of the agreement shall be ensured, and the decision shall be inhibited, precluding the instruction or termination of the procedure.
If the agreement is not fulfilled, the appropriate procedure will be immediately continued.
A reconciliation hearing is not required when the injured party has claimed to have been compensated or agreed with the amount proposed by whom it should indemnify.
PARAGRAFO. LIMIT OF THE HEARINGS. No more than two conciliation hearings may be held, neither suspension or extension of the term allowed to comply with or ensure compliance with the agreement.
ARTICLE 7o. Article 39 of the Criminal Procedure Code will remain as follows:
" ARTICLE 39. PRECLUSION OF THE INSTRUCTION OR CESSATION OF PROCEDURE FOR INTEGRAL COMPENSATION. In the offences of culpable homicide and personal injury, when there are no circumstances of punitive aggravation, enshrined in articles 330 and 341 of C.P., and in processes for crimes against the economic estate when the amount does not exceed two hundred minimum wages monthly legal, except qualified theft and extortion, the action The penalty will be extinguished for all trade unions when any damage is fully repaired.
The termination of the action referred to in this Article may not be continued in another process, in respect of persons in whose favour the instruction or termination of proceedings has been decreed for this reason, within the five previous years. For that purpose, the Office of the Prosecutor General of the Nation shall keep a record of the preclusions and procedural changes that have been made pursuant to this article.
Comprehensive repair must be carried out in accordance with the provision of the damage done by an expert, unless there is agreement on it.
ARTICLE 8o. Article 57 of the Code of Criminal Procedure will remain so:
" ARTICLE 57. EFFECTS OF THE RES JUDICATA PENAL ABSOLUTORIA. Civil action may not be initiated or continued where it has been declared, by providence in law, that the event causing the damage was not carried out or that the accused person did not commit or in strict compliance with a legal or legitimate duty defense.
ARTICLE 9o. Article 71 of the Criminal Procedure Code will remain so:
" ARTICLE 71. COMPETENCE OF REGIONAL JUDGES. Regional judges know:
In the first instance:
1. Of the offences referred to in Articles 32 and 33 of Law 30 of 1986, where the quantity of plants exceeds two thousand units, that of seeds exceeding ten thousand grams and when the drug or substance exceeds ten thousand grams in the case of marihuana, it exceeds three thousand grams if it is hashish, is more than two thousand grams if it is cocaine or substance based on it and when it exceeds four thousand grams if it is metacualone, or equivalent quantities if found in another state.
2. Of the proceedings for the offences described in Article 34 of Law 30 of 1986, in the case of laboratories, or when the quantity of drugs stored, transported or used exceeds ten thousand grams of marijuana, exceeds three thousand grams if hashish is more than two thousand grams if it is cocaine or substance based on it, or exceeds four thousand grams if it is metacoualone, or equivalent amounts if found in another state.
3. Of the offences described in Articles 35, 39, 43 and 44 of Law 30 of 1986 and those arising from the cultivation, production, processing, preservation or sale of the poppy or its latex or heroin.
4. Of the offences against the existence and security of the State and of the offences referred to in Decree 2266 of 1991, with the exception of the mere carrying of firearms of personal defence, of the interception of official correspondence and crimes against the vote.
When it is a crime of extortion, the jurisdiction of regional judges comes only if the amount is or exceeds one hundred and fifty minimum monthly legal salaries.
5. Of the crimes of kidnapping extortionate or aggravated by virtue of the numbers 6o, 8o or 12 of the article 3o. of Law 40 of 1993 and aggravated homicide according to the numeral 8o. Article 324 of the Criminal Code.
ARTICLE 10. Article 72 of the Code of Criminal Procedure will be as follows:
" ARTICLE 72. COMPETITION FROM CIRCUIT JUDGES. The Circuit Judges know:
1. In the first instance:
a. Of the offences referred to in Chapter VII of; Title II of Book VI of the Code of Commerce and related thereto.
In these cases, the criminal judge of the circuit of the place where the bankruptcy trial is proceeding will be known.
b. Of criminal proceedings against the mayors, where the punishable act has been committed in the performance of their duties or for reasons thereof.
c. Of the offences whose judgment is not attributed to another authority.
2. In the second instance, of the criminal proceedings that are of knowledge of the municipal criminal judges or promiscuous.
3. Of the competing collisions between the municipal or promiscuous criminal judges of the same circuit.
ARTICLE 11. Article 73 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 73. JURISDICTION OF MUNICIPAL CRIMINAL JUDGES. Municipal criminal judges know:
1. Of the proceedings for offences against economic assets the amount of which does not exceed 50 minimum monthly salaries.
2. Of the processes for crimes that require a party, regardless of the amount.
3. Of the processes for personal injury offences.
The competition for the amount will be fixed definitively taking into account the value of the legal minimum wages in force at the time of the commission of the fact.
When in the place where the punishable act is committed there will be no prosecutor who immediately endorses the investigation, will be done by the municipal criminal judge of the place, who must immediately refer to the unit of the prosecutor's office corresponding to the initiation. If it is not possible to make the tax unit available to the tax unit, and as long as it is necessary, it shall investigate the charge and decide on the legal situation. If not, it will send the proceedings for the chief prosecutor to decide on the legal situation.
ARTICLE 12. Article 82 of the Code of Criminal Procedure, will be as follows:
" ARTICLE 82. For the practice of prosecution, the Supreme Court of Justice may commission any judicial officer or its Auxiliary Magistrates.
Judicial District Courts and other judicial officials may commission outside their headquarters, any judicial authority in the country of equal or lower status.
At the trial stage, no official from the Prosecutor's Office may be commissioned to have participated in the training stage or in the formulation of the indictment.
The Public Prosecutor's Office will not be able to commission the judicial corporations, but they will be able to do so for the practice of any trial or diligence to other judicial officers or judicial police, as provided in the Code.
The decision by which you are commissioned must accurately establish the steps to be taken and the term within which they are to be performed.
ARTICLE 13. Article 89 of the C.P.P. will thus remain:
" ARTICLE 89. Competence for the reason of the connection and the subjective factor. Where there is a need for a number of tasks to be carried out, the official of the highest hierarchy shall be known to them.
In the case of a connection between punishable acts of jurisdiction of the regional court and of any other judicial officer, the judgment shall be the subject of the judgment of the regional court.
ARTICLE 14. Article 90 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 90. BREAKING OF THE PROCEDURAL UNIT. In addition to the provisions of other provisions, the procedural unit shall not be retained in the following cases:
1. Where a person is involved in the commission of the act punishable by a constitutional jurisdiction entailing a change of jurisdiction or the judgment of which is attributed to a special jurisdiction.
2. When the investigative closing resolution referred to in Article 438-A of this Code or the resolution of charge, does not include all of the punishable facts or all the partners.
3. When partial nullity of the procedural action is decreed, it will oblige to replace the procedure in relation to one of the syndicates or of the punishable facts.
4. Where the sentence referred to in Articles 37 and 37-A of this Code has not been provided for all offences or all processed.
5. Where the termination of the process provided for in Articles 38 and 39 of this Code does not include all the facts or the facts.
6. When in the judgment stage, there is evidence of overlieutenants to determine the existence of another punishable fact or to allow any person to be linked in the quality of the process.
7. When investigating related punishable acts, one of which requires prior declaration of bankruptcy as a condition of processability to exercise criminal action and is not properly executed.
In such cases, it will be sufficient for the civil judge to make copies for the initiation of the relevant criminal investigation for the related punishable facts that do not require such a decision.
If the rupture of the unit does not generate change of competence, the official who ordered it will continue to be aware of the judgment separately.
ARTICLE 15. Article 103 of the Code of Criminal Procedure will be as follows:
" ARTICLE 103. IMPAIRMENT CAUSES. They are cause for impediment:
1. That the judicial officer, his or her spouse or permanent partner, or any relative of him within the fourth degree of consanguinity, second of affinity or first civil, has an interest in the process.
2. That the judicial officer is a creditor or debtor of any of the procedural subjects, of his or her spouse or permanent partner, or of any relative within the fourth degree of consanguinity, second of affinity or first civil.
3. That the judicial officer, or his or her spouse or permanent partner, is a relative within the fourth degree of consanguinity, second of affinity or first civil, of the proxy or defender of any of the procedural subjects.
4. That the judicial officer has been a proxy or defender of any of the procedural subjects, that is, or has been the counterpart of any of them, or has given advice or expressed his opinion on the subject matter of the proceedings.
5. That there is intimate friendship or serious enmity between one of the procedural subjects and the judicial officer.
6. That the official has dictated the providence whose review is treated or has participated in the process or is a spouse or permanent partner, relative within the fourth degree of consanguinity, second of affinity or first civil, of the inferior that dictated the providence to be reviewed.
7. That the judicial officer has failed to overcome, without acting, the terms that the law indicates to the effect unless the delay is duly justified.
8. That the judicial officer, his or her spouse or permanent partner, or relative within the fourth degree of consanguinity, second of affinity or first civil, is a partner of one of the procedural subjects in collective society, of limited liability, in simple or factual comandita.
9. That the judicial officer is heir or legal person of any of the procedural subjects, or is his or her spouse or permanent partner, or any of his relatives within the fourth degree of consanguinity, second of affinity or first civil.
10. That the judicial officer has been legally bound to a criminal or disciplinary investigation in which he has been charged, by complaint established before the proceedings are initiated, by any of the procedural subjects. If the complaint is made after the initiation of the proceedings, the impediment shall be prevented when the judicial officer is legally bound.
11. That the judge has acted as a prosecutor.
12. That the prosecutor has participated in the special hearing provided that there has been no agreement or that it has been proved.
When the agreement has been proven, the first and second instance Judge who intervened in the decision will also be prevented.
ARTICLE 16. Article 112 of the Code of Criminal Procedure will be as follows:
" ARTICLE 112. IMPEDIMENT AND RECUSAL OF OTHER OFFICIALS OR EMPLOYEES. The causes of impediment and the sanctions, are applicable to the Attorney General of the Nation and all its delegates, to the members of the technical body of the Judicial Police, to the agents of the Public Ministry and to the employees of the Dispatches Judicial and judicial authorities, as well as any other official who carries out temporary judicial police functions, who shall bring to the attention of his superior the impediment which exists, without prejudice to the possibility of the persons concerned to challenge them, if they do not manifest it within the term referred to in Article 104. The superior shall decide whether or not the cause of recusal or impairment shall be established and shall replace it.
In the case of an impediment or recusal of a municipal person, the event shall be made before the provincial procurator of his jurisdiction, who shall, if any, replace him by an official of his or her own dependency or of the same person, or by the person of the nearest municipality.
In the cases of the Office of the Attorney General of the Nation, the Prosecutor General's Office, and other entities that have judicial police functions, the person who indicates the respective Entity will be understood as superior, according to its structure.
The action will not be suspended in these cases.
ARTICLE 17. Article 121 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 121. ATTORNEY GENERAL OF THE NATION. Corresponds to the Attorney General of the Nation:
1. Investigate, qualify , and indict, if applicable, directly or through its delegates of the prosecution unit to the Supreme Court of Justice, to the senior officials who enjoy constitutional jurisdiction with the exceptions provided for in the Constitution.
2. When deemed necessary, and in exceptional cases that require direct attention, investigate, qualify, and indict, displacing any fiscal delegate. Against the decisions taken in the development of the instruction only the replacement resource is appropriate.
3. To resolve the challenges that are not accepted by the chief prosecutors before the Supreme Court of Justice.
4. During the instruction stage, and when necessary to ensure the efficiency thereof, order the referral of the action brought forward by a Chief Prosecutor to the office of any other, by means of a reasoned decision. Against this determination, no recourse will be made, but must always be informed of the agent of the Public Ministry and the other procedural subjects.
5. Investigate, qualify and indict, if applicable, the Deputy Attorney General of the Nation, the Deputy Attorney General of the Nation and the Chief Prosecutors before the Supreme Court of Justice.
ARTICLE 18. The Code of Criminal Procedure, will have an article with the number 121A, of the following tenor:
" ARTICLE 121 A. GENERAL ADMINISTRATION OF THE NATION. Corresponds to the Deputy Attorney General of the Nation:
1. Represent the Attorney General of the Nation before the state, and of the society in all the actions in which he has been delegated by him.
2. Replace, without the need for special resolution, the Attorney General in his/her temporary or final absences and in the latter case up to when the appointing authority carries out the corresponding designation.
Replace the Attorney General in his or her temporary absences or in cases of procedural impediment.
3. Coordinate under the direction of the Attorney General, the exchange of information and evidence on nationals or foreigners involved in crimes committed abroad.
4. Investigate, qualify and charge under the direction of the Attorney General to the prosecutors delegated to the National Court and the Superior Courts. For the practice of testing or prosecution, you may commission the Prosecutors before the Supreme Court of Justice, as well as for the prior investigation.
5. Act as Special Chief Prosecutor, in those processes directly assigned to you by the Attorney General of the Nation.
ARTICLE 19. Article 125 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 125. TAX DELEGATES TO THE SUPERIOR DISTRICT COURTS. It is up to the Chief Prosecutors to the High Court:
1. To investigate, qualify and indict, if this is the case, the crimes whose judgment is attributed in the first instance to the Superior District Court.
2. To resolve appeals and in fact, brought against decisions made in the first instance by the prosecutors delegated to the circuit, municipal or promiscuous judges.
3. When deemed necessary, investigate, qualify and indict directly by displacing the tax delegates before the courts of the respective district, by means of a reasoned decision against which no recourse is necessary.
4. To decide on the recusations not accepted by the prosecutors mentioned in the numeral second of this article.
5. Assign the knowledge of the instruction when conflict is present between the tax delegates to the circuit, municipal and promiscuous judges.
TRANSIENT PARAGRAPH. Likewise, resolve conflicts that arise between municipal or promiscuous criminal courts with delegated prosecutors before the circuit judges.
6. During the instruction stage, order the referral of the action brought forward by a delegated prosecutor to any judge in the respective district to another office in the same district.
ARTICLE 20. Article 131 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 131. PUBLIC MINISTRY. In defense of the interests of the society the Public Ministry in the criminal proceedings will be exercised by the Attorney General of the Nation, by itself or through its delegates and agents. In the prior investigation and in the instruction, he may intervene in all stages of the action, with full powers of the procedural subject. In the judgment it will intervene when it considers it necessary in defense of the legal order, the public patrimony or in the fundamental rights and guarantees.
PARAGRAFO. For the performance of his duties, the Public Ministry at any procedural time may request the remission of the complete copies of the file, at its expense.
Equal right to the issue of copies at your expense will have, in any state of action, both in the competition processes of ordinary judges and regional judges, other procedural subjects.
ARTICLE 21. The Code of Criminal Procedure, will have an article with the number 131A, of the following tenor:
" ARTICLE 131A: COMPETENCE OF MUNICIPAL PERSONS. The municipal persons shall comply with the functions of the public ministry in the matters of jurisdiction of the criminal and promiscuous municipal courts and of the prosecutors delegated to the circuit, municipal and promiscuous judges, without prejudice to the the same ones are directly assumed by officials of the Attorney General's Office.
ARTICLE 22. Article 135 of the Code of Criminal Procedure, will be as follows:
" ARTICLE 135. SPECIAL FUNCTIONS OF THE PUBLIC MINISTRY. It corresponds to the agent of the Public Ministry as a procedural subject, in addition to other functions contemplated in this Code:
1. To ensure that in cases of withdrawal, whoever formulates it acts freely.
2. To witness the actions in which the protection of the identity of the judge, the prosecutor or the witnesses is established, guaranteeing compliance with the law.
3. To request the precluding of the investigation and the cessation of the procedure when it considers that the necessary budgets are gathered to adopt these decisions.
4. The public hearing will intervene in cases where the defendant is covered by a constitutional jurisdiction, in which he relates to matters of public interest and to those in which he has acted as a complaint or exercised the special request. Intervene in the public hearing to assist in the accusation made or to request an absolute sentence.
5. Monitor compliance with the obligations and prohibitions imposed in cases of conmination, caution and preventive detention.
6. It will also control the assignment of the proceedings to a prosecutor to advance the investigation or the distribution by lot to a judge to process the judgment.
ARTICLE 23. Article 144 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 144. ALTERNATE PROXIES. The defender and the proxy of the civil party may appoint alternates under their responsibility, who will intervene in the proceedings from the moment when the document containing their designation is presented to the office.
The appointment of an alternate is understood to be revoked when another person is appointed for these purposes.
The main and alternate proxies cannot act simultaneously.
The main and alternate proxies will be able to appoint students of law as assistants, in order to know and learn about the procedural action. These auxiliaries shall act under the responsibility of the person who appointed them and shall have access to the file, being committed to keeping the relevant reservation if this is the case.
ARTICLE 24. Article 154 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 154. OPPORTUNITY. The third party responsible, who has acted during the process as a procedural subject, may intervene in the incidental settlement of damages that is promoted after the sentence.
The incident will be processed according to the following 63 and items in this code.
ARTICLE 25. Article 190 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 190. STATE OF THE STATE. Where the personal notification to the procedural subjects other than those referred to in Article 188 of this Code is not possible, the notification shall be made by a state which shall be fixed three days later, from the date on which the application was made. performed the citation by telegram addressed to the address shown on the file. The status shall be fixed by the term of a secretarial day, and the fixing and unfixing shall be recorded.
ARTICLE 26. The Criminal Procedure Code will have an article with the number 196-A, as follows:
" ARTICLE 196A. FIRST INSTANCE OF APPEAL AGAINST INTERLOCUTORY PROVIDENCES. When the appeal has been filed as a single appeal, the Registrar shall, on record, leave the file at the disposal of those who appealed, for the term of five (5) days, for the respective support. Preclued the previous term, will run common move to non-recurring for the term of six (6) days.
ARTICLE 27. The Criminal Procedure Code will have an article with the number 196-B, as follows:
" ARTICLE 196B. SUPPORT OF THE APPEAL FILED AGAINST JUDGMENT. The appeal filed against the judgment can be supported in writing or orally. The expression of oral or written support must be made at the time of the appeal.
If all the appellants express their intention of supporting it in writing, the procedure provided for in Article 196-A.
If any of the procedural subjects express their intention of supporting the appeal orally, it will be granted immediately and the procedure provided for in the previous article will not be applied.
When the resource is not sustained, it will be declared desert.
To whom you have applied for oral support and do not appear to the respective hearing without justification, you will be given a penalty of ten to thirty minimum monthly legal fine wages, by means of a motivated providence that only supports the use of reorder.
ARTICLE 28. Article 200 of the Criminal Procedure Code will be as follows:
" ARTICLE 200. PROCEDURE. Where the replacement is made in writing and as the only one, the term for challenging the decision shall be defeated, the application shall be kept as a secretariat for two days on the transfer to the procedural subjects, which shall be kept on record. Selection of the transfer will be decided on the appeal.
The replenishment of the hearing or diligence will be decided there, once the other procedural subjects are heard.
When the appeal of the reorder and the subsidiary of the appeal, denied the replacement and granted the appeal, the process will be made available to the procedural subjects in common transfer for the term of six days, for if they consider it appropriate to add their arguments submitted at the time of filing the replacement, which will immediately be sent the business to the top.
ARTICLE 29. Article 206 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 206. CONSULTATIVE PROVIDENCES. In the crimes of knowledge of the regional prosecutors and judges, they are consulted when there is no recourse, the providence by which the cessation of the procedure is ordered, the preclusion of the investigation, the providence that orders the return to individuals of goods of the imputed or accused persons allegedly arising from the execution of the punishable act or which is the material object of the act and the sentences that are not anticipated.
ARTICLE 30. Article 213 of the Code of Criminal Procedure, will be as follows:
" ARTICLE 213. SECOND INSTANCE OF INTERLOCUTORY PROVIDENCES. The allocation shall be made available to the official, who shall settle the appeal within 10 days of the date of the decision.
The procedure for the consultation shall be as follows: The secretary shall list the action for the term of eight days for the procedural subjects to submit their pleadings. After this term, the official will have ten days to decide.
If this is a collegiate judge, the presiding magistrate will have ten days to present the project and the room of an equal term for study and decision.
ARTICLE 31. Article 214 of the Code of Criminal Procedure shall be as follows:
" ARTICLE 214. SECOND INSTANCE OF STATEMENTS. Where the appeal has been substantiated in writing in the first instance, the allocation or the allocation at second instance shall be made available to the respective official, who shall resolve the appeal within 15 (15) days. next.
When the oral support is chosen, once the process has been made available to the official, this will indicate the date for the hearing to be held within the next fifteen (15) days. The hearing will be completed, it will be delivered in the term provided for in the previous article.
In the competition proceedings of the National Court, no public hearing will be held. Appeals shall be dealt with in accordance with the provisions of the previous Article.
ARTICLE 32. Article 215 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 215. MANDATORY SUPPORT OF THE APPEAL. Whoever has filed the appeal must support it. If he does not do so, the official declares it desert by means of support against which the replenishment resource comes.
ARTICLE 33. Article 216 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 216. APPEAL AGAINST PROVIDENCE THAT DECIDES ON THE ARREST OR RELEASE OF THE SYNDICATE. In the case of an appeal for a decision on the arrest or release of the accused person, the terms provided for in the preceding articles shall be reduced by half.
The providences that are dictated to grant and process this resource are not reported and are immediately compliant.
ARTICLE 34. Article 217 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 217. COMPETITION FROM THE SUPERIOR. The query allows the superior to decide without limitation on the providence or the relevant part of it; the appeal allows you to review only the contested aspects. In the case of a conviction, it shall not be possible in any case to aggravate the sentence, unless the prosecutor or the Agent of the Public Ministry or the civil party has an interest to do so.
ARTICLE 35. Article 218 of the Code of Criminal Procedure shall be as follows:
" ARTICLE 218. PROVENANCE. The extraordinary appeal proceeds against the judgments handed down by the National Court, the High Courts of the Judicial District and the Military Criminal Court, in the second instance, for the offences that are punishable by deprivation. of the freedom of which the maximum is six (6) years, even if the sanction imposed has been a security measure.
The resource extends to the related crimes, even if the penalty provided for them is lower than the one mentioned in the previous paragraph.
Exceptionally, the Criminal Court of the Supreme Court of Justice, discretionally, can accept an appeal in cases other than those mentioned above.at the request of the Attorney General, his delegate, or the Ombudsman, when the considers it necessary for the development of the case law or the guarantee of fundamental rights.
ARTICLE 36. Article 222 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 222. LEGITIMATION FOR RECOURSE. The appeal may be brought by the defendant, his defender, the proxy of the civil party, the prosecutor, the Public Ministry and the third party responsible. The prosecution cannot support the appeal, unless it is a lawyer entitled.
ARTICLE 37. Article 293 of the Code of Criminal Procedure shall be as follows:
" ARTICLE 293. RESERVATION OF THE IDENTITY OF THE WITNESS. In the case of processes of knowledge of regional judges and the circumstances advise, for the security of witnesses they shall be authorised to place the fingerprint in their declaration instead of their signature. In these cases, the Public Ministry will certify, together with the Attorney General, that the due diligence is carried out by the person who declared. In the text of the Minutes, which shall be added to the file, the reference shall be omitted from the name of the person and shall be recorded as a result of the identity of the witness and of the fate of the reserved party of the Act, in which the the identity of the declarant and all the elements which may serve to assess the credibility of the testimony. The reserved part of the Act will carry the signature and fingerprint of the witness as well as the signatures of the Prosecutor and the Agent of the Public Ministry.
Exceptionally, the reserve may be extended to include the declaration that would allow the witness to be identified to guarantee protection with the authorization of the Prosecutor and the Public Ministry, who must agree to This measure applies.
The Judge, the Prosecutor and the Public Ministry will know the identity of the witness and any other reserved part of the Act for the assessment of the test in accordance with sound criticism. The reservation will be maintained for other procedural subjects, but will be lifted sooner if false testimonies, serious contradictions or fraudulent purposes are discovered, or when the security of the witness is guaranteed by legal change of identity or any other form of incorporation into the Victim and Witness Protection Program.
The preceding provisions will be applied in any case without prejudice to the rules on confrontation of testimony contained in public human rights treaties ratified by Colombia, nor the right of contradiction of the test in the summary and in the judgment guaranteed by article 29 of the Political Constitution. By protecting the identity of the witness, the human rights defender shall have the right to take care of the extension of the testimony and to question the rapporteur.
ARTICLE 38. Article 299 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 299. PENALTY REDUCTION IN CASE OF CONFESSION. To whom, outside of the cases of flagrancy, during his first version before the judicial official who knows of the procedural performance I will confess the fact, in case of conviction, will be reduced the penalty in a sixth (1/ 6) part.
ARTICLE 39. Article 306 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 306. OPPORTUNITY TO INVOKE NULLITY ORIGINATING FROM THE INSTRUCTION STAGE. Any nullity which is not invoked until the end of the common transfer to prepare the hearing may be discussed only in the appeal.
ARTICLE 40. Article 319 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 319 PURPOSES OF PRIOR INVESTIGATION. In case of doubt as to the origin of the opening of the instruction, the preliminary investigation shall be aimed at determining whether or not there is a place in the exercise of the criminal action. It is intended to bring forward the necessary measures to determine if the fact that by any means has come to the attention of the authorities has occurred; if it is described in the penal law as punishable; the procedure of the action criminal and practice and to collect the necessary evidence in relation to the identity or individualization of the authors or participants of the event.
ARTICLE 41. Article 324 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 324. DURATION OF PRIOR INVESTIGATION AND RIGHT OF DEFENCE. The prior investigation shall be carried out at the end of two months before the date on which the decision to open the investigation or the inhibitory decision has been terminated. However, in the case of offences of jurisdiction of regional judges, the term shall be four months.
When there is no particular person, the prior investigation will continue, until such an identity is obtained.
Who is aware that in an earlier investigation they are airing imputations against you, you have the right to request and obtain that you are immediately heard in free version and to designate an advocate to assist you in this and all other Proceedings of that investigation.
ARTICLE 42. Article 329 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 329. TERM FOR THE INSTRUCTION. The official who has led or carried out the prior investigation, if he is competent, shall be the same person who opens and opens the instruction, unless his movement has been disposed of.
The term of instruction corresponding to any judicial authority may not exceed eighteen (18) months, counted from the date of its initiation.
However, if three (3) or more syndicates or crimes are dealt with, the maximum term will be thirty (30) months.
Due to the term, the only action coming will be the rating.
TRANSIENT PARAGRAPH. The processes that are in effect when this Act comes into effect will be qualified according to the following terms:
Processes whose stage of instruction does not exceed six (6) months shall be qualified in accordance with the terms set out in this Article.
In processes in which a term equal to or greater than six (6) months has elapsed without exceeding eighteen in the instruction stage, the term available for the qualification shall be twelve (12) months.
Processes in which a term equal to or greater than eighteen (18) months has elapsed without exceeding forty-eight (48) in instruction stage shall be qualified in a term not exceeding eight (8) months.
In the events referred to in the previous two incisors, in the case of three (3) or more crimes or syndicates, the term of instruction there is to be increased by up to two thirds.
In processes in which a term equal to or greater than forty-eight (48) months has elapsed without exceeding sixty (60) in instruction stage, the term available for qualification shall be four (4) months.
Processes in whose stage of instruction a term equal to or greater than sixty (60) months has elapsed will be qualified in a term not greater than two (2) months.
This provision will also be governed by the jurisdiction of regional judges.
ARTICLE 43. Article 338 of the Code of Criminal Procedure, shall be as follows:
" ARTICLE 338. COMISO. Instruments and effects with which they have committed a punishable offence or which arise from their execution and which do not have free trade, shall pass to the Office of the Prosecutor General of the Nation or the entity designated by it, unless the law provides for its destruction. When the Office of the Prosecutor General of the Nation has to make the corresponding designation, they should prefer the needs of the Attorney General's Office. In the case of criminal offences, motor vehicles, aircraft or aircraft, any unit mounted on wheels and other objects which have free trade, shall be subject to technical experts, which shall be carried out within 10 days of the following: from the moment when the vehicle has been made available to the official. The term, whether or not the technical expert has been completed, shall be delivered in deposit to its rightful owner or holder, except for the right of third parties or for rules that provide otherwise.
For the practice of the expert, the official will use the services of official experts or any person who is well-versed in this matter.
Delivery shall be final when the material or moral damage, fixed by an expert or an expert, is paid or guaranteed at any time, or when the judgment is delivered, or the termination of the procedure or the resolution of the precluding final of the instruction.
If the payment of the damages has not been paid or guaranteed, and if the payment of the damages is obtained, the judicial officer will order the comiso of the aforementioned elements, for the purposes of the compensation.
ARTICLE 44. The Criminal Procedure Code will have an article with the number 369-A, as follows:
" ARTICLE 369A. EFFECTIVE COLLABORATION BENEFIT. The Attorney General of the Nation or the Prosecutor who is appointed, prior to the concept of the Attorney General of the Nation or its delegate, may agree to one or more of the benefits enshrined in this article with persons who are investigated, judged or (a) on the basis of the cooperation they provide to the authorities of any order for the effectiveness of the administration of justice, subject to the approval of the competent judicial authority.
The benefits agreement may be proposed according to the Office of the Prosecutor General's assessment of the degree of effectiveness or importance of the collaboration, according to the following criteria:
a) Contribution to the authorities for the disarticulation or waning of criminal organizations or the capture of one or more of its members;
b) Contribution to the success of research in the determination of perpetrators or participants in crime;
c) Collaboration in the effective prevention of crimes or the reduction of the consequences of crimes already committed or in progress:
d) Delation of partners, accompanied by effective evidence of their responsibility;
e) Voluntary filing with the judicial authorities or free confession not distorted by other evidence;
f) Voluntary abandonment of a criminal organization by one or more of its members;
g) The identification of sources of financing of criminal organizations and the seizure of assets for their financing.
(h) The delivery of goods and instruments with which the offence has been committed or which come from its execution.
May be agreed, cumulatively and on the basis of the degree of collaboration, a decrease of one sixth (1/ 6) to two thirds (2/ 3) parts of the penalty corresponding to the one charged in the conviction; exclusion or concession of causal specific aggravation or punitive attenuation respectively; provisional freedom; conviction of conditional execution; probation in the terms provided for in the Criminal Code; substitution of the custodial sentence for social work; benefit of increased penalty reduction for work, study or teaching; detention in the course of the proceedings or the execution of the sentence, in offences whose legal minimum penalty for the most serious offence, does not exceed eight (8) years of imprisonment; and the incorporation of the victim and witness protection programme.
In no case will the benefits imply the total exclusion of the penalty, nor will they be conditioned to the confession of the collaborator.
PARAGRAFO. For the purposes of the literal (c) of this Article, it is understood that the consequences of a crime are diminished when the victims or the community are voluntarily free; the authorities are given the right to commit crimes, or property or effects arising from its execution; the number of injured or the extent of the damage that would have caused scheduled or ongoing crimes is reduced by the appropriate notice to the authorities, or is prevented by This means the consummation of the same; the identification of members of the Criminal organizations or their apprehension is provided; evidence is provided on goods that are the proceeds of organized crime or are used for their financing; or the authorities are effectively collaborating with the authorities in the rescue of sequestered.
ARTICLE 45. The Criminal Procedure Code will have an article with the number 369B, as follows:
" ARTICLE 369B. BENEFITS FOR PEOPLE NOT LINKED TO THE PROCESS. The Attorney General of the Nation or the Prosecutor who is appointed, prior to the concept of the Attorney General of the Nation or its delegate, may grant the benefit of the person not bound by the criminal proceedings to testify or to cooperate with the courts. by the provision of information and evidence, it shall not be subject to an investigation or prosecution in respect of which it gives evidence without incriminating itself, where its version or contribution can make an effective contribution to the administration of justice, provided that he has not participated in the crime.
If the person who gives testimony confesses freely and spontaneously in accordance with Article 33 of the Political Constitution, his participation in punishable facts and collaborates for the effectiveness of the The administration of justice in the terms provided for in this article, will be opened investigation, but it will be able to grant him the provisional freedom in the event of imposing a measure of assurance. In the event of a conviction, the sentence of a sentence of probation may be granted if the minimum penalty for the most serious offence does not exceed five (5) years of imprisonment; in the case of a sentence of more than eight (8) years, the sentence may be granted to the probation provided that at least one quarter of the penalty is met. In other cases, at least one third of the penalty shall be met.
The benefit may be agreed according to the assessment of the Attorney General of the Nation, or of the prosecutor appointed by him, according to the evaluation of the degree of collaboration for the efficiency of the administration of justice provided that it is contributed to:
a) incriminating intellectual authors or other authors or participants of the fact or punishable facts;
b) Prevent the commission of crimes;
c) The identification, location or capture of other authors or participants in the event or punishable acts;
d) Unjoint or partially criminal organizations;
e) The obtaining of proof of responsibility of the authors or participants in the fact or facts punishable.
To make the corresponding dosage, the official 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 intended for their financing and the supply of goods and instruments with which the offence has been committed or which come from its execution.
In any case, there must be a proportionality between the benefit and the degree of collaboration with the justice system. Provisional freedom, conditional execution conviction surrogates, and probation or penalty substitution benefits for social work, increased penalty redemption for work, study or teaching and home detention during the process or execution of the sentence, subject to the limits laid down in the previous Article, may be granted subject to a study of the relationship between the gravity of the fact or the confected facts, and the importance, appropriateness and effectiveness of the declaration of the witness or contributor. In no case will the benefits involve the total exclusion of the penalty.
These benefits may be granted to witnesses or collaborators within or outside the national territory.
PARAGRAFO. PROCEDURE. The Attorney General of the Nation or the prosecutor appointed by the Attorney General, after the Attorney General's or his delegate, shall establish a record with the witness or collaborator in which it shall consist:
a) The benefit granted;
(b) The facts to which the benefit and the confession are concerned should it be produced;
(c) The obligations which the beneficiary is subject to.
ARTICLE 46. The Criminal Procedure Code will have an article with the number 369-C, as follows:
" ARTICLE 369C. COLLABORATION DURING THE INSTRUCTION. If the collaboration referred to in Article 369-A is carried out during the instruction stage, the agreement between the Prosecutor and the defendant shall be entered in an act signed by the interveners, which shall be forwarded to the judge for the control of the respective legality.
Received the minutes, the judge within a period of not more than five working days may make observations to the content of the same and to the granting of the benefits in order that does not admit resources, in which it will also order to return the procedure to the Prosecutor immediately.
Within a term of no more than ten working days, the Prosecutor and the defendant shall speak on the observations of the judge in a complementary act, which shall return to it.
Received the original or supplementary minutes, as the case may be, the judge within a period of not more than ten working days shall approve or prove the agreement by means of interlocutory providence, susceptible to the ordinary resources when it has been proved the agreement, which may be brought by the defendant, his defender, the Prosecutor or the agent of the Public Ministry.
Approved the agreement by the judge, the Prosecutor will grant the benefit when it comes to provisional freedom or home detention. In the cases of the other benefits the judge will recognize them in the judgment.
When the person requests an advance sentence or special hearing and expresses a desire to collaborate effectively with the justice, the procedure laid down in Article 37 or 37-A of this Code shall apply, as the case may be.
ARTICLE 47. The Criminal Procedure Code will have an article with the number 369-D, as follows:
" ARTICLE 369D. CONCOMITANT OR POST-JUDGMENTAL COLLABORATION. When the collaboration takes place in the judging stage, the Office of the Prosecutor General will propose to the consideration and approval of the judge the recognition of the benefits by referring to the respective act. Recognized the benefit in the cases of provisional freedom and house arrest, the judge will grant it immediately. In the case of other benefits, the judge shall grant them in the judgment where he or she has taken place.
If the collaboration is carried out after the trial, the judge of execution of sentences or who does his times, at the request of the Prosecutor's Office, may grant the surrogacy of the probation, sentence of conditional execution, substitution of the deprivation of liberty for social work, an increase in the reduction of the penalty for work, study or teaching; and incorporation into the program of protection of victims and witnesses.
If the collaboration comes from a convicted person, the executing Judge of Peñas or who does his or her times, at the request of the prosecution, will decide on the granting of the benefit within ten (10) business days following the receipt of the application.
If you find the application in accordance with the law, the Judge of Execution of Penas or who will do his or her times, you will grant the benefit by car that does not allow any recourse. Otherwise, it will decide on the reasons that prompted its decision through providence susceptible to ordinary resources.
ARTICLE 48. The Criminal Procedure Code will have an article with the number 369-E, as follows:
" ARTICLE 369E. Any person who knows or believes that he is being sought or persecuted by the criminal authorities, acting before the Prosecutor General of the Nation or his Delegate and putting himself in place, will be eligible for the procedure provided for in the previous articles. at their disposal for the advancement of investigative measures and in order to definitively resolve their situation before the Law by the ordinary channels of due process.
PARAGRAFO. the recidivism in the commission of crimes after having received the procedure contemplated in the previous articles, deprives the person of the possibility, in a definitive way, to benefit again to the benefits contemplated of the present law.
ARTICLE 49. The Criminal Procedure Code will have an article with the number 369-F, as follows:
" ARTICLE 369F. CONDITIONAL BENEFITS. Where the benefits provided for in this law are granted, and in particular those of a guarantee of non-investigation or prosecution, provisional freedom, home detention during the proceedings or the execution of the sentence, sentence of conditional execution, probation, substitution of the custodial sentence for social work, the competent judicial officer shall impose one or more of the following obligations on the beneficiary:
a) Inform any residence change;
b) Exercising trade, profession or lawful occupation;
c) Repair the damage caused by the crime, except where it is shown that it is impossible to do so;
d) Refrain from consuming alcoholic beverages;
e) Submit to the authorities ' surveillance or report regularly to them;
f) Presenter when requested by the judicial officer;
g) Observing good individual, family and social behavior;
h) Do not commit a new punishable fact, except when dealing with guilty offences;
i) Do not leave the country without prior authorization from the competent judicial officer;
j) Meet the obligations under the rules and regulations of the prison regime and observe good conduct in the prison establishment;
k) Fulfill and accredit the work or study to the competent authorities.
The competent judicial officer will impose the obligations discretionally, according to the nature and modalities of the punishable fact, the circumstances of time, mode and place in which it was committed, the nature of the benefit, the personality of the beneficiary, criminal records and good conduct in the prison establishment.
The obligations under which this article is dealt with shall be guaranteed by means of the same judicial officer.
ARTICLE 50. The Criminal Procedure Code will have an article with the number 369G, as follows:
" ARTICLE 369G. REVOCATION OF BENEFITS. The judicial officer who granted the benefit will revoke it when he finds that some of the obligations imposed have been breached, the crime of escape of prisoners has been incurred or in serious misconduct against the prison regime, during the respective test period.