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Whereby The Rules For Special Contraventions Is Determined And Dictate Other Provisions

Original Language Title: Por la cual se determina el régimen aplicable a las contravenciones especiales y se dictan otras disposiciones

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ACT 228 OF 1995

(December 21)

Official Journal No. 42.161, 22 December 1995

By which the regime applicable to special contraventions is determined and other provisions are dictated.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

GENERAL PART

ARTICLE 1o. GUIDING PRINCIPLES. In the proceedings brought forward by the special contraventions referred to in this law, the guiding principles of the Code of Criminal Procedure shall apply and the following shall apply:

Orality. The proceedings brought forward by the contraventions referred to in this Law shall be governed by the oral procedure laid down here, in which proceedings shall be lifted which summarise the action and may be recorded in the various Proceedings, statements and interventions and the attachment of the tape to the file. The authenticity of the tape shall be certified by the competent judicial officer.

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ARTICLE 2o. LACK OF DILIGENCE. In all diligence in which the unionist participates, he must be assisted by his or her defender, under the penalty of lack of diligence.

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ARTICLE 3o. LEGAL CONSULTANTS. Facultto the students assigned to legal offices to exercise the function of defenders in contravention processes.

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ARTICLE 4. JUDICIARY. In accordance with the regulations that the National Government will issue for the purpose within two (2) months of the duration of this Law, graduates who have completed their studies within two (2) years prior to at the time of initiation of the judiciary, may exercise the role of defenders in the process (a) a breach of the provisions of this Law.

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In such cases, the service of the Ombudsman may be held as a practice or professional service to opt for the title of lawyer, replacing the work of directed research or monograph, without prejudice to the presentation of the examinations preparatory.

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ARTICLE 5o. CRIMINAL SURROGATES. Persons convicted of the contraventions referred to in this Law shall not be entitled to the sentence of conditional execution. However, in the case of contraventions sanctioned with two (2) years of arrest or more, the judge of execution of penalties and security measures, may after the year following the apprehension, order the execution of the suspension of the execution of the sentence, taking into account the personality and the good behavior of the subject in the prison establishment, setting as trial period the term that is missing for the fulfillment of the penalty.

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The judge of execution of penalties and security measures may grant parole to the sentenced person when he has served two thirds (2/ 3) parts of the sentence, provided his personality, his good conduct in the prison establishment and their history of every order, they can be founded on their social rehabilitation.

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ARTICLE 6o. DESTINATION OF GOODS. The seized goods will be delivered to anyone who demonstrates their property. If they are not claimed before the judgment, they will be made available to the National Police, who will be able to use them to use or authorize another entity for the same purpose until they are claimed. for its owners. The conservation costs shall be borne by the authorised entity.

Past six (6) months, counted from the seizure, without the goods being claimed, the National Police will be able to provide that the unclaimed goods will be sold in public hammer or by the application of any other the procedure, established in general, to ensure an adequate supply of bidders, provided that the requirement referred to in the following paragraph has been met in advance.  The sale shall be made in advance, except in the case of goods which are traded on public markets, and provided that the disposal is made available to them.

On the last day of each month, the National Police will have to carry out three (3) publications through the most effective means, in which it informs the public what goods are seized, in such a way that the identification of the goods is permitted.

Dealing with consumables, the National Police will be able to arrange for immediate sale through the procedure set out in the previous paragraph.

With the resources that the National Police will receive in the development of this article, a fund will be set up whose income will be used to cover the expenses that the administration of the goods will demand and to pay for them. requirements of the institution for the fight against crime.

In case the owners of the goods are filed, the price obtained with the sale will be returned, duly updated and the material and moral damages that have been caused, including the loss for profit.

The difference between the income earned from the investments made with the resources of the fund and the payments which, as provided for in the previous paragraph, are to be made in accordance with the provisions of the previous paragraph, constitutes the remuneration for the administration of the fund, which shall be for the purposes provided for in this Article.

The artistic or cultural assets will be given to the public entities in charge of their exhibition, protection and conservation.

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CHAPTER II.

SPECIAL PART

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ARTICLE 7o. UNJUSTIFIED POSSESSION OF INSTRUMENTS TO ATTACK PROPERTY.

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ARTICLE 8o. (1) The arrest of six (6) to the public and without justification for the use of a substance or any other similar substance used to place persons in a state of defensiveness, shall be carried out in public or open to the public. eighteen (18) months, unless the conduct constitutes punishable punishable by greater penalty.

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ARTICLE 9o. OFFERING OR DISPOSAL OF GOODS OF NON-JUSTIFIED ORIGIN.

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ARTICLE 10. QUALIFIED THEFT.

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ARTICLE 11. AGGRAVATED THEFT. The contravention provided for in Article 1 (11) (11). of Law twenty-three (23) of 1991, will be of competence of the promiscuous judges and municipal penalties, even if the specific circumstances of punitive aggravation provided for in article 351 of the Penal Code are presented, in which the penalty is increase in the proportion there indicated.

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ARTICLE 12. PERSONAL INJURIES. The one who, through guilt, causes other harm in the body or health that implies incapacity to work or illness that does not pass from thirty (30) days will incur a fine of one (1) to ten (10) minimum legal wages monthly. In the case of injuries caused by a traffic accident, the driving licence shall also be suspended for up to six (6) months. In these cases, the conversion of fine to arrest shall be made in accordance with Article 49 of the Penal Code, at the rate of one day of daily legal minimum wage for each day of arrest.

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ARTICLE 13. AGGRAVATED PERSONAL INJURY. In cases of personal injury caused by the above article, when the circumstances of aggravation provided for in Article 330 of the Criminal Code are met, the arrest of five (5) to 15 (15) months and suspension of the driving licence for up to six (6) months, in the case of injuries resulting from an accident of transit.

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ARTICLE 14. OFFERING, SELLING OR BUYING AN INSTRUMENT SUITABLE FOR INTERCEPTING PRIVATE COMMUNICATION BETWEEN PERSONS. The person who without the authorization of the competent authority offers, sells or buys instruments suitable for intercepting private communication between persons, shall incur the penalty of arrest of six (6) to eighteen (18) months, provided that the conduct does not constitute punishable punishable by greater punishment.

It is up to the Ministry of National Defense to provide the authorizations in this article.

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ARTICLE 15. Except for the special violations of this Law, those provided for in Law 23 of 1991 and those referred to in Law 30 of 1986, the violations currently punishable by penalty The arrest will be punishable by a fine of up to five (5) minimum monthly legal salaries. In these cases, the conversion of a fine to arrest shall be made in accordance with Article 49 of the Penal Code, at the rate of one (1) day of daily legal minimum wage for each day of arrest.

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CHAPTER III.

PROCEDURE

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ARTICLE 16. COMPETITION. Of the special violations of this Law, of the others provided for in Law 23 of 1991 and of all those sanctioned with the penalty of arrest by Law 30 of 1986 and supplementary rules, that are committed from their validity , they will know in the first instance the criminal or promiscuous judges of the place where the fact was committed, or in its defect, those of the municipality closest to the itself.

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Of the special violations in which they intervene as authors or participants under eighteen (18) years will continue to be known to the Family Defenders, except for the qualified theft that will be of knowledge of the judges of minors and Family members, who may impose the measures referred to in Article 204 of the Code of the Child to the contrary.

Editor Notes

PARAGRAFO. In cases of the personal injury caused by the personal injury referred to in Article 12 of this Law, no deprivation of liberty shall be carried out.

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ARTICLE 17. initiation of the process by the contraventions referred to in this Law requires a party complaint, which must be filed within the following month to the commission of the fact, except when the author or be caught in blatant, case in which it will be officially initiated and brought forward.

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ARTICLE 18. DUTY DILIGENCE OF THE SITUATION OF FLAGRANCY. Uncharges of the imputed. Legalisation of the deprivation of liberty. In the case of the catch in the case, the following shall be carried out:

1. No later than thirty-six (36) hours after his arrest, the captive shall be made available to the competent official, who shall give the process a self-opening.

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2. In the first working hour of the following day and at the latest within thirty-six (36) hours, counted from the moment the catch is made available to the competent official, he shall be heard about the circumstances in which he or she is The arrest occurred and will be received version on the facts. To this diligence, the person or official who has made the arrest must be present to relate the facts concerning the deprivation of liberty of the accused.

If the person who carries out the arrest justifies his inability to attend the diligence referred to in this article, at the time of placing the accused at the disposal of the authority, the latter will hear him in the event. In the same case, if the person who performs the capture is a public servant, he/she will be able to submit a written report instead. Both the exhibition and the report will be understood to be rendered under the gravity of the oath and will be appreciated as testimonies.

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3. The competent official shall examine whether the requirements of the flagrancy are met, explain the charges against the defendant, hear his or her discharge, and, in the event that the requirements of the flagrancy are met, qualify the charges and provide that continue the deprivation of liberty, taking the corresponding constancy or ballot for the effect, from which a copy will be kept that will be added to the performance. This decision defines the legal status of the defendant.

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4. The word will be given to the procedural subjects to request evidence. The judge will determine which ones are to be practiced and which are imparted or inconducive. It shall, of its own motion, make those it deems necessary for them to be engaged in this diligence or in the public hearing of judgment.

In case by its nature, the test cannot be performed on any of the above opportunities, it will be practiced before the judging hearing and within a term that will not exceed ten (10) days.

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5. Next, the judge will set the day and time for the conduct of the public hearing of judgment to be held within ten (10) days following, counted from the termination of the due diligence of this article or of the day that expires the term for the practice of the tests, when they cannot be held in public hearing.

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PARAGRAFO 1o. In case of failure to meet the requirements of the flagrancy, if the case exists, the judge will qualify the charges and fix the day and time for the public hearing of the judgment, make known this decision on the defendant and shall have his freedom with the undertaking that he shall appear in the hearing.

If there is no query, the file of the proceedings will be available.

PARAGRAFO 2o. The decisions that are made in this diligence, such as the one that qualifies the situation of flagrancy and the charges and the one that denies the practice of testing, are amenable to the replenishment facility, which must to be supported, supported and resolved before the minutes are signed.

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ARTICLE 19. SPECIAL INTERVENTION BY THE PROSECUTION. At events where, by reason of the regular schedule of attention to the public of the respective office, it is not possible to put the captured at the disposal of the competent official within the term established in the Article 18 of this Law, the apprehensor will make it available to the Permanent Unit of the Office of the Prosecutor General.

In such a case, the Prosecutor will hear the apprehension or examine the report rendered by it and listen to the captured, to determine whether or not the requirements of the flagrancy are present. If yes, it will dictate self-opening process and issue written commandment to the director of the corresponding detention facility, to legalize the deprivation of liberty.

At the first working hour next, the Prosecutor will send the proceedings to the competent official to proceed with the procedure, who from the action brought forward by the Office of the Prosecutor General will apply to the provisions of the 4th and the following of the Article 18 of this Law.

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ARTICLE 20. INITIATION BY COMPLAINT. The complaint may be made orally or in writing, before the municipal criminal or promiscuous judge, the police inspectors or the officials exercising judicial police functions.

When there is no known imputed, the complaint shall be made to the official who carries out the duties of judicial police, who shall keep the proceedings in order to obtain the individualization of the authors or members and immediately notify the competent authority to carry out the checks it deems appropriate.

PARAGRAFO. After six (6) months without the identification or identification of the action, the competent official shall be sent to the competent official to provide the file of the proceedings. The investigation may be resumed if, within six (6) months of the file, new evidence appears to permit the individualization or identification of the imputed.

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ARTICLE 21. PRELIMINARY HEARING IN CASE OF COMPLAINT. If known, on the same day as the report of the judicial police or the complaint is received, as the case may be, the competent official shall decide to open the proceedings and set a date and time to listen to the version on the facts; such diligence must be held within six (6) days. The citation will be made through the most effective means. If his whereabouts are not known, he shall set an edict in the office of the office for the term of one (1) day.

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If on the scheduled date the imputed appears, the performance will be developed in accordance with Articles 23 and 24 of this Law and the person will continue to be released.

If the imputed does not appear, its capture will be ordered and will proceed according to the provisions of article 18 of this Law, in which case the apprehension will be legalized within thirty-six (36) hours. Ten (10) days after the date on which the arrest warrant was received by the authorities who are required to execute the arrest, if no information is obtained on the effectiveness of the arrest, an edict shall be established for three years. (3) days, then you will be declared an absent person, you will be appointed a defender of trade to legally bind you to the process and will proceed in accordance with the procedure provided for in this Law.

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ARTICLE 22. COMMUNICATION TO THE PUBLIC MINISTRY. Once the capture is made available to the competent official or filed the complaint, as the case may be, it shall be communicated to the Public Ministry.

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ARTICLE 23. DECREE OF EVIDENCE. At the hearing referred to in Article 21, the competent official shall explain the qualification of the charges to which the person is charged, may request or submit the evidence to be asserted, conduct and relevance, and those which are deemed necessary to be deemed necessary shall be decreed.

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In case the practice of the test is not possible within the hearing in judgment by reason of its nature, it shall be performed before such hearing and within a term that shall not exceed ten (10) days.

If the official denies the practice of any of the requested tests, he will notify his decision, against which the replacement resource should be resolved in the same act.

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At the end of the due diligence, the official shall set the date and time for the conduct of the public hearing hearing to be held within ten (10) days of the following.

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ARTICLE 24. HEARING OF JUDGMENT. At the public hearing of judgment, the evidence shall be conducted, except in the event that this is not possible under Articles 18 and 23, the official shall specify whether he or she maintains the legal charges He will ask and hear from the defendant. The word will then be given to the representative of the Public Ministry, if he will attend, and the human rights defender. Diligence terminated, the official will decide whether or not the process is responsible.

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For reasons of motivation and dosage of the sanction, a maximum recess of three (3) days may be decreed. In such a case, it will set the day and time for the reading diligence of the judgment.

The appeal in the suspensory effect, before the respective superior, which must be brought and sustained before the end of the due diligence, proceeds against the judgment. Other procedural subjects will be given the opportunity to make their arguments in connection with the challenge. The judicial officer shall decide at the same hearing on the source of the appeal.

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When a conviction has been issued, the authorities concerned shall be notified of their entry in the register of criminal records and contraventions.

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ARTICLE 25. DEPRIVATION OF LIBERTY. The legalization of the transitory deprivation of liberty will be carried out in the qualification of the situation of flagrancy and of the charges or of capture for not appearing. The final decision on deprivation of liberty will take place in the judgment.

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ARTICLE 26. PROCEDURE IN THE SECOND INSTANCE. Received the file by the superior, the file will be transferred to the Public Ministry for two (2) days and will decide in plane within two (2) days after the receipt of the file.

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ARTICLE 27. The withdrawal accepted by the taxable person of the violation extinguishes the action in any case, as long as it is repaired in full the damage.

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ARTICLE 28. EXTINCTION OF THE ACTION BY REPAIR. In cases of simple theft special covariations, except when there are circumstances of aggravation, theft of use, theft among owners, scam, injury personal, issuing and illegal transfer of check, breach of trust, use of foreign error or fortuitous case, subtraction of good own and harm in good of others, the action will be extinguished when the accused completely deals the damage.

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For this purpose, Article 39 of the Code of Criminal Procedure will be taken into account.

Dealing with qualified theft violation and simple theft with which aggravation circumstances are present, the integral repair of the damage will result in the decrease of a third (1/ 3) part of the taxable amount.

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ARTICLE 29. FREEDOM BY EXPIRATION OF TERMS. If forty-five (45) days of effective deprivation of liberty were passed, counted from the status of the situation of flagrancy or apprehension, when the capture of the charged for failure to comply with the summons provided for in Article 21 of this Law, no judgment has been given, the defendant shall be released, without prejudice to the criminal or disciplinary responsibility of the competent official to which there is a place.

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ARTICLE 30. CONCILIATION. 26. > At the events referred to in Article 28, the accused and the injured party may at any time of the process, by itself or through a proxy, before a judicial officer of knowledge or before the conciliation centres or The Court of State held that the Court of State held that the Court of The agreements that will be reached will be presented to the official who is aware of the violation to decree the extinction of the action.

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ARTICLE 31. CIVIL ACTION. The civil action shall be brought forward in an independent manner to the procedure under which this law is dealt with.

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ARTICLE 32. POINT-IN-POINT FACTS.

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ARTICLE 33. Distribution. In the places where several competent officials exist, the proceedings shall be immediately subject to distribution.

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ARTICLE 34. CONFLICT OF COMPETENCES. Any conflict of jurisdiction that is police authorities and between prosecutors, or between prosecutors and judges, will be resolved by the judges of the circuit of the place where the event was committed.

ARTICLE 35. as of the validity of this Law, all the police inspectors will be competent to deal with the offices of the police, criminal, and promiscuous municipal judges, as well as the bookies. by the Office of the Prosecutor General of the Nation, provided that they do not refer to the practice of evidence or to the conduct of the proceedings or the private actions of the judges and prosecutors of knowledge.

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ARTICLE 36. ACCEPTANCE OF RESPONSIBILITY. At any time when the accused accepts his or her responsibility, the sentence will be handed down, unless it is necessary to verify the veracity of the confession. If, outside of the cases of flagrancy, the acceptance is produced before the preliminary hearing or the hearing of what Article 18 of this Law ends, the penalty will be reduced to a third (1/ 3) part.

This punitive decrease will not be entitled to persons who have been convicted of crimes or wilful violations during the five (5) years before. For these purposes, the Registry of the Attorney General's Office will be consulted. The nation referred to in article 7o. of Law 81 of 1993.

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ARTICLE 37. CONCURRENCY OF DECREASES.

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ARTICLE 38. REFERRAL. As not provided for in this Law, the provisions of the Code of Criminal Procedure and the rules on withdrawal, prescription and nullity contained in Law 23 of 1991 shall apply, provided that they do not object to the oral character of the procedure laid down in it.

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ARTICLE 39. STATISTICS. Within the first five (5) working days of each month, the criminal and promiscuous judges, as well as the circuit, shall submit a report to the Sectional Council of the Judiciary, with a copy to the Ministry of Justice and of the law, corresponding to the actions brought forward under the development of this Law during the calendar month immediately preceding it.

This report will serve to develop investigations into crime and criminality by the Ministry of Justice and the Law, for which the Supreme Council of the Judiciary will have the format with the which must be drawn up.

Failure to comply with the obligation provided for in this Article shall constitute disciplinary action.

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ARTICLE 40. PRISON AVAILABILITY. The National Government will expand existing prisons and establish new ones that are required for the purpose of complying with this Law by ensuring that they offer the inmates decent conditions that allow for achieve the ends of the penalty.

Authorize the National Government to carry out, at any time, budgetary transfers and financial operations that are necessary or appropriate to give full and timely compliance with the provisions of this Article and in This Law.

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ARTICLE 41. GUARANTEES OF ARTICLE 28 OF THE POLITICAL CONSTITUTION. Without prejudice to the provisions of the Statue Law governing the states of exception in Colombia, from the time of the present Law the search, the records and the deprivation of the freedom may not be ordered by the administrative authorities. Full application will be given to article 28 of the Political Constitution with the exceptions provided for.

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ARTICLE 42. VALIDITY. This Law governs from the date of its publication. It repeals and subrogates, without exception, the provisions which are contrary to it.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA REPUBLIC

NATIONAL GOVERNMENT

Publish and execute

Dada en Santafe de Bogota, D.C., a December 21 de 1995.

ERNESTO SAMPER PIZANO.

The Minister of Justice and Law,

NESTOR HUMBERTO MARTINEZ NEIRA.

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