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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LAW 144 1994
(July 13)
Official Gazette No. 41449, July 19, 1994
Whereby the process of loss of investiture of Congress is established. Summary

Term Notes
CONGRESS OF COLOMBIA DECREES
:
ARTICLE 1o. The State Council fully known and will sentence the sole instance proceedings relating to the loss of the investiture of the Congress at the request of the Board of the House concerned or any citizen and for the reasons set out in the Constitution and the law, especially the 5th Law. 1992 in Articles 292 and 298. Effective Jurisprudence


PARÁGRAFO. Effective Jurisprudence

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Article 2.
. The State Council shall have no more than twenty (20) working days from the date of filing of the application with the General Secretariat of the Corporation, to kill the process. Effective Jurisprudence


ARTICLE 3. When the request is made by the Board of the Chamber to which it belongs Congressman, it must be sent to the State Council in full, within two (2) days following the decision taken by the Chamber days, along with all documentation. Effective Jurisprudence


ARTICLE 4. When the application is submitted to the Council of State for a common citizen, it must be in writing and contain at least: Effective Jurisprudence


A) Full name, identification and address of the questioner;
B) Name of Congressman and accreditation issued by the National Electoral Organization; Effective Jurisprudence


C) Invocation of the causal why the loss of the investiture is requested and; its proper explanation; Effective Jurisprudence


D) The application of evidence, if any;
E) address of the place where the applicant will receive the notifications may apply.
PARÁGRAFO. It will not be necessary to make the application through proxies.

The 5th ITEM. Effective Jurisprudence

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ARTICLE 6o. The application must be submitted personally by its signatory, with the Secretary General of the Council of State. An applicant who is in a different place may refer, prior personal appearance before judge and notary, in which case it will be deemed filed when received in the judicial office of destination. Effective Jurisprudence


ARTICLE 7. Receiving the request at the Secretariat, it shall be divided by the Chairman of the State Council on the business day following its receipt and designate the presiding judge, who shall admit or not, as appropriate, within two (2) days business following his cast. In the same term Congressman notified of the decision.
The judge rapporteur return the application when not meet the requirements or not join themselves annexes required by law and order to the appropriate, complete or clarify within ten (10) days following its notification requirements or documents required. Failure to comply with the order will result in appropriate legal sanctions. Effective Jurisprudence


Article 8. Accepting the application, in the same providence personal notification to Congresswoman it is ordered, with which you will start the respective judicial process. the prosecutor will also be notified to intervene in the process. The notifications shall take the following the issuance of the writ decreeing that day. Effective Jurisprudence


Article 9. Congressman will have three (3) days, counted from the date of notification days, to refer in writing as set out in the application. You can provide evidence or ask those considered leading in terms of the following article. Effective Jurisprudence

ARTICLE 10.
next working day, the presiding judge shall order the relevant evidence and shall specify a term of up to three (3) business days to practice. In the same providence shall indicate the date and time for the public hearing, which will be fulfilled within two (2) days. Effective Jurisprudence


ARTICLE 11. A public hearing attended by the State Council in full and will be chaired by the presiding judge. Effective Jurisprudence


The parties may intervene only once, in the following order: The applicant or his attorney, the prosecutor and Congressman and his attorney. Person presiding over the hearing may set the time for speeches.
The parties may submit at the end of his speech a written summary.


ARTICLE 12. Made the hearing, the presiding judge, you must register the Sentencing Project, within two (2) working days and will summon the State Council in full to study and discuss the paper presented. The decision will be taken by majority vote of the members who compose it. Effective Jurisprudence

ARTICLE 13.
Ejecutoriada the judgment be communicated to the Board of the respective Chamber, the National Electoral Council and the Ministry of Government him from his post. When the Council of State notes the possible commission of offenses by the Congressman, or recklessness or bad faith in the indictment, the judgment shall order that copies of all acting to the competent authorities for investigations and penalties are compulsen. Effective Jurisprudence


ARTICLE 14. When allegations are formulated by several citizens they will accrue to the admitted first, provided it is not decreed practice test. Effective Jurisprudence

ARTICLE 15.
may not accept request for removal from office of a Congressman in the event of alleged the same facts that formed the basis for the grounds on which has already delivered the State Council. All sentences in these processes produce effects of res judicata. Effective Jurisprudence


ARTICLE 16. CONFLICT OF INTEREST. Definition: Congressmen that within the immediately preceding his election year have provided paid to associations or private law on whose interests or business services directly affect acts are the study of Congress, shall notify in writing to the Board of respective Corporation to decide whether Congressmen referred to refrain from participating in the proceedings and vote on such acts. Effective Jurisprudence


ARTICLE 17. EXTRAORDINARY APPEAL SPECIAL REVIEW. They are susceptible Special Extraordinary Review, brought within five (5) years following its executory judgments by which it has been raised the investiture of a parliamentarian, on the grounds set out in Article 188 of the Administrative Code, and by the following:
a) Lack of due process;
B) Violation of the right of defense;
C) Effective Notes

Effective Jurisprudence

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ARTICLE 18. For the purposes of paragraph 1 of Article 180 Constitution, means that Congressman must be made simultaneously with Parliamentary functions inherent in the office or public or private employment. Effective Jurisprudence


ARTICLE 19. This Act repeals and amends the previous legal provisions and rules from the date of its enactment. Effective Jurisprudence


The President of the Senate of the Republic, JORGE RAMON ELIAS
NADER.
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives, Francisco Jose Jattin
SAFAR.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT
Publíquese ordered, July 13, 1994.

César Gaviria Trujillo.
The Minister of Government,
FABIO RAMIREZ VILLEGAS.
The Minister of Justice and Law,
Andrés González Díaz.