Whereby The Procedure Of Loss Of Investiture Of Congressmen Set

Original Language Title: Por la cual se establece el procedimiento de pérdida de la investidura de los congresistas

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ACT 144 OF 1994

(July 13)

Official Journal No. 41,449, July 19, 1994

By which the procedure for the loss of the investiture of the congressmen is established.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. The in full State Council will know and sentence in a single instance the processes relating to the loss of the investiture of the Congressmen at the request of the Board of Directors of the corresponding Chamber or of any citizen and the causes established in the Constitution and the law, in particular Law 5a. 1992 in your articles 292 and 298

PARAGRAFO.

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ARTICLE 2o. The State Council shall have a period of not more than twenty (20) working days from the date of the filing of the application at the General Secretariat of the Corporation. Sentencing the process.

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ARTICLE 3o. When the request is made by the Board of Directors of the Chamber to which the Congressman belongs, it must be sent to of State class= " b_aj"> in full, within two (2) days of the decision taken by that Chamber, along with all relevant documentation.

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ARTICLE 4o. When the request is filed with the State Council by a commoncitizen, it must be in writing and contain, at least:

a) Names and surnames, identification and address of the formula;

b) Name of the Congressman and his accreditation issued by the National Electoral Organization;

c) Invocation of the causal by which the loss of the investiture is requested and; its due explanation;

d) The test practice request, if any;

e) The address of the place where the applicant will receive the notifications to the place.

PARAGRAFO. It will not be necessary to formulate the request through proxies.

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ARTICLE 5o.

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ARTICLE 6o. The application must be submitted personally by its signatory to the Secretary General of the State Council. The applicant who is in a different place may refer it, on personal presentation to Judge and Notary, in which case it shall be deemed to be filed when it is received at the Judicial Office of destination.

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ARTICLE 7o. Received the application at the Secretariat, it shall be distributed by the President of the Council of State on the working day following that of his receipt, and shall be appointed by the rapporteur, who shall proceed to admit it or not, depending on the case, within two (2) working days following its distribution. In the same term, he will notify the Congressman of the respective decision.

The Rapporteur Magistrate will return the application when it does not comply with the requirements or the annexes required in law are not enforced and will order the appropriate, complete or clarify within ten (10) days of their notification, the required requirements or documents. Failure to comply with the order will result in relevant legal penalties.

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ARTICLE 8. Admitted the request, in the same providence the personal notification to the Congressman will be ordered, with which the respective judicial process will be initiated. The agent of the Public Ministry will also be notified to intervene in the process. Notifications shall be made on the day following the issue of the order declaring them.

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ARTICLE 9o. The Congressman will have the following three (3) days, counted from the date of the notification, to refer in writing to the request. It may provide evidence or request that it considers to be conducive, in the terms of the following Article.

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ARTICLE 10. On the following working day, the Magistrate Magistrate shall decretart the relevant evidence and shall indicate a term of up to three (3) working days for his/her practice. In the same providence it will indicate the date and time for the public hearing, which will be fulfilled within the next two (2) days.

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ARTICLE 11. The public hearing will be attended by the State Council at plenary and will be chaired by the presiding magistrate.

The parties may intervene, for one time, in the following order: The applicant or his proxy, the agent of the Public Ministry and the Congressman and his proxy. The audience may set the time for the interventions.

The parties may submit a written summary at the end of their intervention.

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ARTICLE 12. Realized the hearing, the Magistrate Magistrate, must register the Judgment Project, within two (2) working days of the following, and quote the Council of State in plenary to study and discuss the presentation presented. The decision shall be taken by a majority of the votes of its members.

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ARTICLE 13. Executed the judgment will be communicated to the Board of Directors of the corresponding Chamber, to the National Electoral Council and to the Ministry of Government for the position of the Office. When the Council of State warns of the possible commission of punishable acts by the Congressman, or recklessness or bad faith in the prosecution, the sentence will order that copies of all the action be made to the competent authorities for the Investigations and related sanctions.

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ARTICLE 14. When accusations are made by several citizens, they will be accumulated to the admitted first, as long as the testing practice has not been enacted.

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ARTICLE 15. You will not be allowed to request a loss of the investiture of a Congressman at the event of claiming the same facts that served as the basis for the causes on which he has already spoken. the State Council. All statements in these processes produce effects of res judicata.

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ARTICLE 16. CONFLICT OF INTEREST. Definition: Congressmen who within the year immediately prior to their choice have provided interest-bearing services to guilds or persons private law on whose interests or business directly incident acts that are found in the study of the Congress, must communicate it in writing to the Board of Directors of the respective Corporation so that, decide if the Congressmen referred to refrain from participating in the processing and voting of such acts.

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ARTICLE 17. SPECIAL EXTRAORDINARY REVIEW FACILITY. They are susceptible to the Special Special Review Facility, filed within five (5) years following their execution of the sentences by which the investiture of an MP, for the causes set out in Article 188 of the Administrative Accounting Code, and for the following:

a) Lack of due process;

b) Violation of the right of defence;

c)

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ARTICLE 18. For the purposes of the numeral 1 of article 180 National Constitution, the Congressman shall be understood to be performing simultaneously with those of a Member State, functions inherent in those of public or private office or employment.

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ARTICLE 19. This Law repeals and amends the previous legal provisions and governs from the date of its enactment.

The President of the Honorable Senate of the Republic,

JORGE RAMON ELIAS NADER.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

JOSE JATTIN SAFAR.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute,

July 13, 1994.

CESAR GAVIRIA TRUJILLO.

The Minister of Government,

FABIO VILLEGAS RAMIREZ.

The Minister of Justice and Law,

ANDRÉS GONZÁLEZ DÍAZ.

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