Law 190 of 1995
Official Gazette No. 41,878, of June 6, 1995
By establishing rules aimed dictate to preserve morality in public administration and the provisions set eradicate administrative corruption. Summary
CONGRESS OF COLOMBIA DECREES
I. REGIME OF PUBLIC SERVANTS
A. CONTROL ON RECRUITMENT OF PUBLIC SERVANTS
ARTICLE 1o. Every candidate to occupy a public office or employment, or enter into a contract of service with the administration must submit to the personnel unit of the entity, or to the agency in its stead, the only format resume properly filled in which he entered full information requested therein:
1. His academic training, indicating the years of education at various levels of education and degrees and certificates obtained.
2. His work experience, linking each and every one of the jobs or positions held, both in the public sector and the private, as well as address, phone number or post office box where possible verify the information.
3. Non-existence of any fact or circumstance involving an inability or incompatibility of the constitutional or legal order to take up employment or position to which they aspire or to enter into a contract of service with the administration.
4. In case of legal persons, the corresponding certificate attesting legal representation, and
5. Effective Jurisprudence
PARÁGRAFO. Whoever is appointed to a public office or employment or a contract of service delivery management shall, at the time of possession or signing the contract, present a certificate on record issued by the Attorney General's Office and the certificate on criminal records issued by the Administrative Department of Security, DAS. Only be considered as background the executory orders issued by competent authority. Effective Jurisprudence
. Créase for all branches of public power, its control bodies and the National Civil Registry at the national level, the Single Information System Personnel, as a structured policy to ensure system development and management of Public Administration, according to the regulations for the purpose by the government.
PARAGRAFO. The inclusion of contractors providing services in the Single Personal Information System does not generate any employment relationship with the public administration or gives rise to a special scheme or prestacional career. Effective Notes
ARTICLE 3. The resume of public or contractors of administration servers, contain the successive changes that occur throughout the entire working life or contractual relationship, in terms as provided in the regulations. Effective Notes
ARTICLE 4. The head of the personnel unit of the entity that receives a job application, or his substitute, shall have a term of fifteen (15) days to ensure that the appropriate resume meets all requirements.
If it any, it shall document its observations on record.
The 5th ITEM. In case of an appointment or possession in a public office or employment have occurred or concluded a contract of service with the administration without complying with the requirements for holding office or the contract, it will proceed to request the revocation or termination, as appropriate, immediately the infringement notice. Effective Jurisprudence
When informed that information was withheld or false documentation was provided to support the information provided in the resume, without prejudice to any criminal or disciplinary liability in such event, the responsible shall be disqualified from holding public office for three (3) years . Effective Jurisprudence
ARTICLE 6o. In the event that befalls the act of appointment or possession incompatibility or disqualification, public servants must immediately report to the entity that provides the service.
If within three (3) months of the public servant has not put an end to the situation that gave rise to the inability or incompatibility, proceed immediate withdrawal, without prejudice to the penalties for so doing may apply. Effective Jurisprudence
ARTICLE 7. Effective Notes
Article 8. Effective Notes
Article 9. Within three (3) days following the effective date of this law months public entities shall establish a manual of functions in which the tasks to be fulfilled every official of the entity are clearly specified. Those that have manual functions should ensure that for each public servant is clearly require functions.
The functions assigned shall be communicated to each employee who will answer for compliance with them according to law, regulation and manual.
B. INCENTIVES FOR PUBLIC OFFICIALS
Effective Decisions Legislation Previous
Term Notes Effective Jurisprudence
ARTICLE 12. Public entities disclose in a public place, or through the official media, the identity of those who are elected as best employees.
C. INCOME STATEMENT OF ASSETS AND
be required for possession and for performing the duties of the sworn statement named, stating the identification of their property. Such information must be updated every year and, in any case, at the time of his retirement.
ARTICLE 14. The affidavit must contain at least the following information:
1. full name, identity card and permanent residential address.
2. Name and identity card, the spouse or partner (a) permanent and relatives in the first degree of consanguinity.
3. Income ratio last year.
4. Identification of current and savings accounts in Colombia and abroad, if any.
5. detailed account of the debts and obligations.
6. Membership of Boards or Boards of Directors.
7. Mention of his character partner corporations, partnerships or associations.
8. Information conjugal existence of existing or de facto partnership between permanent companions, and
9. List and identification of current assets.
PARÁGRAFO. In the affidavit shall state that declared assets and income are the ones who own the declarant, either personally or through an intermediary, to the date of such statement. Editor's Notes
ARTICLE 15. It will be a requirement for possession or for exercising public functions provide information on private economic activity of the applicant. In her participation in companies or any organization or private economic activity or non-profit which make part, inside or outside the country it is included. Any change to occur, must be communicated to the respective entity within two (2) months to it.
This declaration shall be used only for the purposes and purposes of the application of the rules of public service. Editor's Notes
ARTICLE 16. The unit personnel of the entity or dependence in its stead, shall collect and classify the information contained in the declarations covered by this law, and attached to the corresponding resume.
A PENAL SYSTEM. CHANGES TO PENAL CODE
ARTICLE 17. The Penal Code have an article with the number 59A, as follows:
ARTICLE 59-A. INABILITY TO THE PERFORMANCE OF GOVERNMENT. Public servants the 1st paragraph refers to. Article 123 of the Constitution, shall be disqualified for the performance of public duties when they are convicted of crimes against property of the state, without prejudice to the right of rehabilitation under the Code of Criminal Procedure and in accordance with the final paragraph of Article 28 of the Constitution. Editor's Notes
amend section 63 of the Penal Code, as follows:
ARTICLE 63. PUBLIC SERVANTS. For all purposes of criminal law, they are public servants Members of the public corporations, employees and state workers and their decentralized territorial entities and services.
For the same purposes will be considered public servants, members of the security forces, individuals performing public functions permanently or temporarily, officials and employees of the Bank of the Republic, members of the National Commission for Citizen fight against Corruption and persons administering the funds referred to Article 338 of the Constitution.
PARÁGRAFO. The term "public employee" is replaced by the term "public servant", provided that it is used in the Penal Code or in the Code of Criminal Procedure. Editor's Notes
Article 19. Article 133 of the Penal Code shall read as follows: ARTICLE 133.
embezzlement by appropriation. The public servant who appropriates to his advantage or a third of state assets or businesses or institutions in which it has part or property or levies, or private property whose administration, possession or custody is the entrusted by reason or occasion of his duties, be liable to imprisonment of six (6) to fifteen (15) years, equivalent to the value of the appropriateness and interdiction of rights and public functions of six (6) to fifteen (15) years fine.
Appropriate Silo does not exceed a value of fifty (50) monthly legal minimum wages, the penalty shall be reduced by half (1/2) to three quarters (3/4).
If I appropriate exceeds a value of two hundred (200) monthly statutory minimum wages, the penalty shall be increased by half (1/2). Effective Jurisprudence
Article 20. Article 138 of the Penal Code shall read as follows: ARTICLE 138.
embezzlement by SCOPE. He also incur the penalties provided for in the previous articles, the individual engaged in any of the acts described therein on goods:
1. Administering or having custody belonging to companies or institutions in which the State has received most or any of this title.
2. That collects, manages or has custody belonging to professional, civic, labor, community, youth and charitable or non-governmental common utility associations. Editor's Notes