By Establishing Rules Aimed Dictate To Preserve Morality In Public Administration And Provisions Are Set In Order To Eradicate Administrative Corruption

Original Language Title: Por la cual se dictan normas tendientes a preservar la moralidad en la administración pública y se fijan disposiciones con el objeto de erradicar la corrupción administrativa

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190 OF 1995

(June 6)

Official Journal No. 41,878 of 6 June 1995

For which norms are dictated to preserve morality in public administration and provisions are set in order to eradicate administrative corruption.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

I. PUBLIC SERVER SYSTEM

A. CONTROL ON RECRUITING PUBLIC SERVANTS

ARTICLE 1o. Every applicant to hold a post or public employment, or to conclude a service delivery contract with the administration must present to the unit of staff of the corresponding entity, or to the dependency that it does its times, the duly completed single sheet of life format in which it shall record the complete information requested by it:

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1. Their academic training, indicating the years of study in the different levels of education and the diplomas and certificates obtained.

2. Their work experience, relating each and every one of the jobs or positions performed, both in the public and private sectors, as well as the address, telephone number or postal section where it is possible to verify the information.

3. Non-existence of any event or circumstance involving an inability or incompatibility of the constitutional or legal order to occupy the employment or position to which it is intended or to conclude a contract for the provision of services with the administration.

4. In the case of legal persons, the corresponding certificate certifying the legal representation, and

5.

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PARAGRAFO. person appointed to hold a post or a public employment or a contract for the provision of services with the administration shall, at the time of his or her possession or the signature of the contract, present a certificate on a record issued by the Attorney General's Office and the certificate on criminal records issued by the Administrative Department of Security, DAS. Only enforceable providences emanating from competent authority may be considered as antecedents.

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ARTICLE 2o. 81 of Law 443 of 1998. The new text is as follows: > Create for all branches of public power, its control bodies and the National Civil Registry, at the national level, the Single System of Personal Information, as a structured system for the formulation of policies that guarantee the development and management of the Civil Service, in accordance with the regulations that the Government will issue for the purpose.

PARAGRAFO. The inclusion of service delivery contractors in the Single Personal Information System does not create any employment links with the public administration or give rise to a career or a career Special loan.

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ARTICLE 3o. 82 of Law 443 of 1998. The new text is as follows: > The Life Sheet of the public servants or the contractors of the administration, will contain the successive modifications that occur throughout the working life or contractual relationship, in the terms in the establishment of the regulation.

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ARTICLE 4. The head of the unit of staff of the entity receiving an application for employment, or who does his or her duties, shall have a term of fifteen (15) days to ensure that the relevant life sheet meets all the requirements.

If this occurs, you will leave written record of the corresponding observations.

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ARTICLE 5o. In the event of an appointment or possession in a public office or employment or a contract for the provision of services with the administration without the fulfilment of the requirements for the exercise of the office or the holding of the The contract will be requested for revocation or termination, as the case may be, immediately notice the infringement.

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When it is noticed that information was hidden or false documentation was provided to support the information provided in the life sheet, without prejudice to the criminal or disciplinary responsibility to which there is a place, the person responsible will be disabled to perform public functions for three (3) years.

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ARTICLE 6o. In the event that it overcomes the act of appointment or possession of an inability or incompatibility, the public servant must immediately warn the entity to which it provides the service.

If within the following three (3) months the public server has not put an end to the situation that gave rise to the inability or incompatibility, it shall immediately withdraw, without prejudice to the penalties to which it has taken place.

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ARTICLE 7o. 237 of Decree 19 of 2012 >

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ARTICLE 8o. 237 of Decree 19 of 2012 >

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ARTICLE 9o. Within three (3) months of this law, public entities shall develop a manual of functions in which the tasks to be fulfilled are clearly specified. official of the institution. Those with a manual of functions shall ensure that their functions are clearly specified in respect of each public servant.

The assigned functions will be communicated to each employee, who will respond to them according to the law, regulation and manual.

B. INCENTIVES FOR PUBLIC SERVANTS

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ARTICLE 10.

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ARTICLE 11. 237 of Decree 19 of 2012 >

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ARTICLE 12. Public entities will disclose in public place, or through the official media, the identity of those who are chosen as the best employees.

C. DECLARATION OF GOODS AND INCOME

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ARTICLE 13. It will be a requirement for possession and for the performance of the charge the declaration under oath of the appointee, where the identification of his assets is recorded. Such information shall be updated every year and, in any case, at the time of withdrawal.

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ARTICLE 14. The sworn statement must contain at least the following information:

1. Full name, identity card and address of permanent address.

2. Name and document of identity, of the spouse or permanent partner and relatives in the first degree of consanguinity.

3. Last year's income ratio.

4. Identification of current and savings accounts in Colombia and abroad, if any.

5. Detailed relationship of the existing accreencies and obligations.

6. Quality of Juntas member or Directive Tips.

7. Mention of their character as a partner in corporations, partnerships or associations.

8. Information about the existence of a spousal society in effect or de facto partnership between permanent partners, and

9. Relationship and identification of updated heritage assets.

PARAGRAFO. In the sworn statement, it must be specified that the declared property and income are the only assets of the declarant, either personally or by person, to the date of such declaration.

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ARTICLE 15. It shall be a requirement for possession or for the exercise of a public function to provide information on the applicant's private economic activity. It shall include participation in companies or in any private economic or non-profit organization or activity of which it is a party, within or outside the country. Any change that occurs must be communicated to the respective entity within two (2) months of the same.

Such a declaration may only be used for the purposes and purposes of the application of the public service rules.

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ARTICLE 16. The unit of staff of the corresponding entity or the dependency that it does its times, shall collect and classify the information contained in the declarations in which it deals with this law, and attach it to the corresponding life sheet.

II. CRIMINAL REGIME

A. AMENDMENTS TO THE CRIMINAL CODE

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ARTICLE 17. The Criminal Code shall have an article with the number 59A, of the following wording:

ARTICLE 59-A. INABILITY TO PERFORM PUBLIC FUNCTIONS. The public servants referred to in paragraph 1. article 123 of the Political Constitution, will be disabled for the performance of public functions when they are convicted of crimes against the state's patrimony, style="text-decoration: line-through; ">without prejudice to the right of rehabilitation provided for in the Code of Criminal Procedure and in accordance with the final paragraph of article 28 of the Political Constitution.

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ARTICLE 18. Amend Article 63 of the Criminal Code, as follows:

ARTICLE 63. PUBLIC SERVANTS. For all the purposes of the criminal law, public servants, employees and workers of the state and their decentralized entities territorially and for services are public servants.

For the same purposes, public servants, members of the Public Force, individuals who carry out public functions on a permanent or temporary basis, officials and workers of the Bank of the Republic, will be considered for the same purposes. Members of the National Citizens ' Commission for the Fight Against Corruption and the people who administer the resources that is dealt with in Article 338 of the Political Constitution.

PARAGRAFO. The term "official employee" is replaced by the term "public servant", provided that it is used in the Penal Code or in the Code of Criminal Procedure.

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ARTICLE 19. Article 133 of the Penal Code will be as follows:

ARTICLE 133. PECKED BY APPROPRIATION. The public servant who takes advantage of his or a third of the goods of the state or of companies or institutions in which the latter has part or of the parafiscal assets or funds, or of goods of private persons whose administration, tenure or custody is has been entrusted by reason or on the occasion of his duties, in prison of six (6) to fifteen (15) years, fine equivalent to the value of the appropriate and interdiction of rights and public functions of six (6) to fifteen (15) years.

Appropriate silo does not exceed a value of fifty (50) monthly minimum legal wages in force, this penalty will be reduced from half (1/ 2) to three quarters (3/ 4) parts.

If the appropriate amount exceeds a value of two hundred (200) current monthly legal minimum wages, this penalty will be increased by half (1/ 2).

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ARTICLE 20. Article 138 of the Penal Code will be as follows:

ARTICLE 138. PECKED BY EXTENSION. It shall also incur the penalties provided for in the preceding articles, the particular of which it carries out any of the conduct in which they are described on goods:

1. That it administers or has in its custody belonging to companies or institutions in which the State has the greatest part or received to any title of this.

2. To collect, manage or have in your custody belonging to professional, civic, trade union, community, youth, charitable or non-governmental utility associations.

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Act 80 of 1993; art. 51; art. 56; art. 57; art. 58

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ARTICLE 21. Article 140 of the Penal Code will be as follows:

ARTICLE 140. CONCUSION. The public servant who abuses his or her duties or functions constrains or leads someone to give or promise to the same server or to a third party, money or any other improper utility, or requests them, will be in prison of four (4) to eight (8) years, a fine of fifty (50) to one hundred (1 00) current minimum legal wages, and interdiction of rights and public functions for the same term of the principal penalty.

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Act 80 of 1993; art. 51; art. 56; art. 57; art. 58

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ARTICLE 22. Article 141 of the Penal Code will be as follows:

ARTICLE 141. SELF-MADE. The public servant that receives for himself or for other money or other utility, or accepts a salary promise, directly or indirectly, to delay or omit an act of his own, or to execute a contrary to his official duties, will incur in Four (4) to eight (8) years imprisonment, a fine of fifty (50) to one hundred (1 00) monthly minimum statutory wages in force, and interdiction of public rights and functions for the same term of the principal penalty.

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ARTICLE 23. Article 142 of the Penal Code will be as follows:

ARTICLE 142. IMPROPER CO-FACT. The public servant who accepts for himself or for another, money or other utility or salary promise, direct or indirect, by act that must have executed the performance of his duties, will incur in prison of three (3) to six (6) years, fine of fifty (50) to 100 (100) minimum monthly legal salaries in force and interdiction of rights and public functions for the same term of the main sentence.

The public servant receiving money or other utility of a person who has an interest in subject matter to his or her knowledge, will be in prison of one (1) to five (5) years, fine of thirty (3 O) to fifty (50) minimum legal wages monthly in force and interdiction of public rights and functions up to the same term of the principal sentence.

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ARTICLE 24. Article 143 of the Penal Code will be as follows:

ARTICLE 143. CO-DONE BY GIVING OR OFFERING. The one who offers money or other utility to the public servant, in the cases provided for in the two previous articles, will be in prison of three (3) to six (6) years, fine of fifty (50) to one hundred (1 00) minimum legal wages in force, public rights and functions interdiction for the same term of the principal penalty and prohibition of concluding contracts with the administration for the same term.

PARAGRAFO.

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ARTICLE 25. Article 147 of the Penal Code will be as follows:

ARTICLE 147. INFLUENCE PEDDLING TO OBTAIN PUBLIC SERVANT FAVOR. The person who, by invoking actual or simulated influences, receives, makes or promises for himself or for a third party money or gift, in order to obtain any benefit on the part of the public servant in question that the latter is aware or has to know, Four (4) to six (6) years imprisonment, a fine of fifty (50) to one hundred (100) monthly minimum legal wages in force, and the interdiction of public rights and functions for the same term of the principal sentence.

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ARTICLE 26. The penalty for the crime provided for in Article 148 of the Penal Code shall be two (2) to eight (8) years imprisonment, fine equivalent to the value of the enrichment and interdiction of public rights and functions for the same term of the sentence. principal.

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ARTICLE 27. The Criminal Code shall have an article with number 148a, of the following wording:

ARTICLE 148-A. IMPROPER USE OF INSIDE INFORMATION. The public servant or the individual who as an employee or manager or a member of a board or administrative body of any public or private entity that makes misuse of information that he has known for reason or on the occasion of his/her duties, in order to obtain benefit for himself or for a third party, whether natural or legal person, he will be in prison of two (2) to six (6) years and interdiction of functions for the same term of the main sentence.

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ARTICLE 28. Article 149 of the Penal Code will be as follows:

ARTICLE 149. PREVARICATE PER ACTION. The public servant who proffers resolution or opinion manifestly contrary to the law, will be in prison of three (3) to eight (8) years, fine of fifty (50) to one hundred (100) minimum wages legal monthly in force and interdiction of rights and public functions up to the same time as the penalty imposed.

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ARTICLE 29. Article 150 of the Penal Code will be as follows:

ARTICLE 150. DEFAULT PREvaricATE. The public servant who omits, shall be late, or shall refuse or refuse an act of his or her duties, shall incur the penalties provided for in the preceding article.

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ARTICLE 30. Article 151 of the Penal Code will be as follows:

ARTICLE 151. PREVARVARATE FOR ILLEGAL ADVICE. The public servant who advises, advises or sponsors in an illicit manner a person who manages any public matter of his or her competence, will be in prison of three (3) to six (6) years, fine of fifty (50) to one hundred (100) legal minimum wages Current and interdiction of rights and public functions for the same term of the main sentence.

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ARTICLE 31. Article 177 of the Penal Code will be as follows:

7o. of Law 365 of 1997. The new text is as follows: >

ARTICLE 177. RECEIPT. The person who, without taking part in the execution of a crime, acquires, possesses, converts or transmits movable or immovable property, which has its immediate or immediate origin in a crime, or carries out any other act to conceal or cover up its illicit origin, A prison sentence of one (1) to five (5) years and a fine of five (5) to five hundred (500) monthly minimum legal wages, provided that the fact does not constitute another crime of greater gravity.

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If the conduct is carried out on a good whose value is greater than one thousand (1000) monthly minimum legal wages, the private penalty of freedom will be increased from one third to half.

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ARTICLE 32. For crimes against public administration not covered by this law that have penalties of fine, this will always be between ten (10) to fifty (50) minimum monthly legal salaries in force according to the dosage that the judge makes.

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B. PROCEDURAL ASPECTS

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ARTICLE 33. They will make part of the reservation the preliminary investigations, the documents and orders of charges that will be formulated by the Attorney General's Office and other control bodies within the disciplinary and fiscal responsibility processes, as well as the respective discards; the failures shall be public.

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The above is without prejudice to the fact that the investigation has access to the investigation, from the preliminary investigation.

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PARAGRAFO 1o. The violation of the reservation will be a cause of misconduct.

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PARAGRAFO 2o.

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PARAGRAFO 3o. In the event that the reserved information is known, the entity must verify an internal investigation and explain to the opinion the possible reasons for the fact.

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ARTICLE 34. Article 569 of the Code of Criminal Procedure shall remain as follows:

ARTICLE 569. REQUIREMENTS FOR APPLYING. Without prejudice to the provisions of public treaties, when a person who is abroad has been proffered in Colombia to resolve the legal situation, imposing a preventive detention order, (a) a decision of a firm or a conviction for a crime which has a custodial sentence of no less than two (2) years in prison, the official who knew of the process in question or in the first or only instance, shall request the Ministry of Justice and of the Law to request the extradition of the defendant, for which transmit copies of the respective providence and other documents which it considers to be conducive.

The request may be raised by the second instance official when it is the one who has formulated the measure.

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ARTICLE 35. In the event of goods whose mutation of ownership is subject to any form of registration, in respect of which their seizure or preventive abduction has been disposed of or has occurred their confiscation, the competent official shall be given immediate notice, who shall register the measure without submitting it in turn or for the recovery of any right, subject to a cause of misconduct.

The order of definitive delivery of goods to private individuals will be submitted to the judicial level of consultation and only once the providence given in it will be fulfilled.

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ARTICLE 36. In any criminal proceedings against the public administration, the constitution of a civil party in charge of the legal person governed by public law will be mandatory.

The opening of the instruction must always communicate in the terms of the law to the legal representative of the entity concerned.

Failure to comply with these obligations is a cause of misconduct for the relevant official.

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ARTICLE 37. The provisions of Article 52 of the Code of Criminal Procedure will also apply to ensure the payment of fines in cases where this penalty is expected.

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ARTICLE 38. The provisions of Article 27 numeral 1 of Law 24 of 1992 shall apply in criminal and disciplinary matters, unless there are sufficient means of proof to the commission of a disciplinary offence or offence in order to bring forward the action of its own motion.

III. FINANCIAL SYSTEM

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ARTICLE 39. The arrangements for institutions subject to the supervision and surveillance of the Banking Superintendence, referred to in the href="organic_system_financial_pr003.html#102"> Articles 102 to 107 of the Financial System Organic Statute (Decree 663 of 1993), will apply to persons subject to inspection, surveillance or control of the Superintendency of Securities.

PARAGRAFO 1o. Within three (3) months following the validity of this Law, the persons referred to in this Article shall establish the control mechanisms and specific procedures indicated in the href="organic_system_financial_pr003.html#102"> article 102 of the Organic Statute of the Financial System (Decree 663 of 1993).

PARAGRAFO 2o. The control of compliance with the obligations imposed by this provision shall be carried out by the respective entity exercising surveillance on the required person.

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ARTICLE 40. Authorities receiving information from persons subject to inspection, surveillance or control of Banking and Securities Superintendents and establish the assumptions indicated in the Article 102 literal (d) of the Organic Statute of the Financial System (Decree 663 of 1993), shall inform the Office of the Prosecutor General of the nation about the facts or situations.

PARAGRAFO 1o. The National Government, through the Ministry of Justice and Law and the Ministry of Finance and Public Credit, may provide that the information collected by the persons referred to in this Article Article 43 of this Law, is referred to the authority that the regulation determines, with the purpose of centralizing and systematizing the information, in order to establish mechanisms of control understanding of the various operations carried out.

PARAGRAFO 2o. Within two (2) months of this law, the Banking and Securities Superintendents will assign to one of their dependencies the control function of the operations that treat the Articles 102 to 107 of the Financial System Organic Statute (Decree 663 of 1993), without prejudice to the Government National create Units Specialised within them, for this purpose.

Annually the above mentioned entities will submit a report to the Attorney General's Office of the nation on the activities performed, as established in this paragraph.

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ARTICLE 41. Who breaches the obligation contained in the last paragraph of Article 105 of the Organic Statute of the Financial System (Decree 663 of 1993), it will incur the penalty provided there, without prejudice to the penal sanction that for such conduct may correspond.

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ARTICLE 42. When the information referred to in Article 40 of this Law is provided, there shall be no liability for the legal person. informer, nor for the directors or employees of the entity, in accordance with Article 102 of Decree-Law 663 of 1993.

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