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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LAW 228
1995 (December 21)
Official Gazette No. 42,161, of December 22, 1995

Whereby the rules for special contraventions determined and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.


GENERAL PART ARTICLE 1o. GUIDING PRINCIPLES. Processes that are ahead by special contraventions that this law refers to the guiding principles of the Code of Criminal Procedure shall apply and in addition the following:
Oralidad. The processes that are ahead for contraventions referred to in this Act shall be governed by the oral procedure herein established, developing which records summarizing the proceedings and can record the different measures, statements and interventions will arise and attach the tape to the file. The authenticity of the tape will be certified by the competent judicial officer.
Article 2.
. LACK OF DILIGENCE. In all diligence involving the accused, it must be assisted by his counsel, under penalty of lack of diligence.

ARTICLE 3. Legal Consultants. Is empowered to attached to legal clinics to perform the function of defenders in processes contraventional students. Effective Jurisprudence


ARTICLE 4. JUDICIARY. In accordance with the regulations for the purpose by the Government within two (2) months after the effective date of this Act, graduates who have completed their studies within two (2) years at the time of initiation of the judiciary, they may exercise function defenders in contraventional processes referred to in this Act.

Effective Decisions
In these cases, the advocacy service may be taken as professional service practice or to opt for a law degree, replacing directed research work or monograph, subject to the presentation of the preparatory exams.

The 5th ITEM. PENAL surrogates. Persons convicted of the offenses referred to in this Act shall not be entitled to a suspended sentence. However, in the case of sanctioned infringements with two (2) years of arrest or more, the judge sentence enforcement and security measures may after following the apprehension year, ordering the execution of the suspension of the execution of the sentence, taking into account the personality and good behavior of the subject in the prison facility, setting as the term trial period remaining to fulfill it. Effective Jurisprudence


The judge sentence enforcement and security measures may grant conditional liberty when the convicted has served two thirds (2/3) of the sentence, as long as his personality, his good conduct in the prison facility and its history of all kinds, to reasonable assume their rehabilitation. Effective Jurisprudence


ARTICLE 6o. DESTINATION OF GOODS. The seized goods will be delivered to who demonstrate their property. If they are not claimed before the judgment result in this will be left at the disposal of the National Police, who may transiently destine them to use or authorize another entity to the same effect until they are claimed by their owners. Maintenance costs shall be borne by the authorized entity.
After six (6) months from the seizure, without the goods have been claimed, the National Police may require that unclaimed assets are sold publicly by applying hammer or any other procedure established systemically, to ensure adequate competition of bidders, provided that previously has complied with the requirement that the following paragraph refers. The sale will be made prior appraisal, except in the case of goods that are traded on public markets and as long as the sale is made by going to them.
The last day of each month, the National Police must make three (3) publications through more effective means in which to inform the public what goods are seized, so that identification thereof is permitted .
Case of fungible goods, the National Police may have immediate sale through the procedure set out in the preceding paragraph.

With the resources that the National Police receives in development of the provisions of this Article shall constitute a fund whose income is used to cover the expenses incurred in the administration of property and meet the requirements of the institution for the fight against crime.
If the owners of the assets disposed are presented, is required to reimburse the price obtained from the sale, duly updated and will be paid for material and moral damages that have been caused, including lost profits.
The difference between the income from the investments made by the fund's resources and payments in respect of updating selling prices should be made, as provided in the preceding paragraph, it is the reward for the administration of the fund, which will be used for the purposes provided for in this article.
The artistic or cultural goods will be delivered to public entities responsible for their display, protection and conservation. Effective Jurisprudence


CHAPTER II. SPECIAL PART


ARTICLE 7. INSTRUMENT FOR POSSESSION UNEXCUSED damage property. Effective Jurisprudence



Previous legislation
Article 8. PORTE SUBSTANCE. Which in public or open to the public without justification porte scopolamine or any other like substance that serves to place defenseless people, incur the arrest of six (6) to eighteen (18) months, unless the conduct constitutes an offense punishable by a heavier penalty. Effective Jurisprudence


Article 9. OFFERING OR SALE OF ASSETS OF ORIGIN NOT JUSTIFIED. Effective Jurisprudence



Previous legislation
ARTICLE 10. QUALIFIED THEFT. Effective Jurisprudence



Previous legislation ARTICLE 11.
AGGRAVATED THEFT. Contravention under paragraph eleven (11) of article 1. of the twenty (23) 1991 Act shall be competition promiscuous judges and municipal criminal, even if the specific circumstances Aggravating under Article 351 of the Penal Code, in which case it will increase the submitted proportion indicated there. Effective Jurisprudence


ARTICLE 12. PERSONAL INJURY culpable. Who negligently cause other damage to the body or health that involves inability to work or illness not to exceed thirty (30) days will incur a fine of one (1) to ten (10) minimum monthly wages. If it comes to injuries in traffic accident, also it incurs suspension of driving license for up to six (6) months. In these cases proceed fine conversion arrest, in accordance with Article 49 of the Penal Code at the rate of one day of legal daily minimum wage for each day of arrest.

ARTICLE 13. PERSONAL INJURY AGGRAVATED culpable. In cases of culpable that the previous article, when the circumstances of aggravation under Article 330 of the Criminal Code injury was punishable with arrest of five (5) to fifteen (15) months license suspension driving up to six (6) months in the case of injuries resulting from traffic accident. Effective Jurisprudence


ARTICLE 14. OFFERING, SALE OR PURCHASE OF INSTRUMENT SUITABLE FOR PRIVATE COMMUNICATION INTERCEPT among people. Who without authorization of the competent authority, offer, sell or buy suitable instruments to intercept private communication between people, is punishable with arrest of six (6) to eighteen (18) months, provided that the conduct does not constitute a punishable act sanctioned more worthwhile.
The Ministry of National Defence provide authorizations referred to in this article. Effective Jurisprudence


ARTICLE 15. Unless special contraventions of this Act dealing with those specified in Law 23 of 1991 and those to Law 30 of 1986 is concerned, currently punishable offenses with penalty of arrest shall be punished with penalty fine of up to five (5) minimum monthly wages. In these cases proceed fine conversion arrest in accordance with Article 49 of the Penal Code at the rate of one (1) day statutory minimum daily wage for each day of arrest. Effective Jurisprudence


CHAPTER III. PROCEDURE



ARTICLE 16. COMPETITION. Special contraventions of this Law, the other provided for in Law 23 of 1991 and all those punished with penalty of arrest by Law 30 of 1986 and supplementary rules, that committed from its effect, meet in first instance criminal courts or municipal promiscuous the place where the act was committed, or failing that, the nearest the same municipality. Effective Jurisprudence


Of special contraventions in involving as perpetrators or participants under eighteen (18) years continue to hear the Family Advocates, unless the theft be qualified knowledge of juvenile judges and promiscuous family, who may impose on offenders measures under Article 204 of the Juvenile Code. Editor's Notes


PARÁGRAFO. In cases of culpable Article 12 of this Law shall not proceed deprivation of liberty refers to personal injury. Effective Jurisprudence

ARTICLE 17. COMPLAINT
U officiousness. The initiation of the process for contraventions referred to in this Act requires complaint of a party, which must be filed within one month after the commission of the act, unless the perpetrator or is caught in flagrante delicto, in which case it initiate and advance unofficially. Effective Jurisprudence


DILIGENCE ARTICLE 18. QUALIFICATION OF flagrante delicto. Releases the accused. Legalization of deprivation of liberty. In the case of capture in flagrante delicto will proceed as follows:
1. No later than within thirty-six (36) hours following his apprehension captured will be available to the competent official, who shall issue an order opening the process. Effective Jurisprudence


2. In the first working hour of the next day and at the latest within thirty-six (36) hours, counted from the time the captured be made available to the competent official, you hear about the circumstances in which the arrest occurred and you will be received version of the facts. At this hearing must attend the person or official who carried out the arrest to relate the facts concerning the deprivation of liberty of the accused.
If the catching who justifies his inability to attend the diligence referred to in this article, at the time of putting the accused available to the authority, it shall be heard in exposure. In the same case, if the person making the catch is public servant can perform, however, a written report. Both the exhibition and the report shall be construed rendered under oath and will be appreciated as evidence. Effective Jurisprudence


3. The competent officer shall examine whether the conditions of flagrante delicto, explain the charges that the accused are made, hear their defense and, if the requirements of flagrante delicto meet, qualify the charges and have to continue the deprivation of liberty , to the effect by filling the corresponding record or report card, a copy of which to be added to the performance will be maintained. This decision defines the legal status of the accused. Effective Jurisprudence


4. Then the word will be given to the litigants to request testing. The judge will determine what should be practiced and what are inappropriate or inconclusive. He decreed ex officio it considers necessary to be practiced in this proceeding or public trial hearing.
If by its nature, the test can not be performed in any of the above opportunities, will be practiced before the trial hearing within a term not to exceed ten (10) days. Effective Jurisprudence


5. Then the judge will set the day and time for conducting public trial hearing to be held within ten (10) days counted from the completion of diligence in this article or the day overcomes the term for the practice of testing, when THEY MAY not be done in public. Effective Jurisprudence

PARAGRAPH 1.
. Failure to satisfy the conditions of flagrante delicto, if quarrel there is a judge shall charges and set the day and time for holding the public hearing of judgment, will make this decision the accused and ensure their freedom with a commitment to appear to that audience.
If no complaint file is dispondra proceedings.
PARAGRAPH 2.
. Decisions are imparted in this proceeding, which it describes as the flagrante delicto and charges and denying the practice tests, are subject of the appeal, which must be filed, sustain and resolved before signing the minutes. Effective Jurisprudence


ARTICLE 19. SPECIAL ACTION BY THE PROSECUTOR. In the event that, because of the regular schedule to the public the respective office, it is not possible to put the captured before a competent officer within the time specified in paragraph 1 of Article 18 of this Law, the captor will put to Permanent disposal of the unit nearest the prosecution.
In this case, the Prosecutor shall hear the captor or examine the report submitted by it and listen to captured to determine whether or not the conditions of flagrante delicto. If so, it shall issue an order opening process and issue a written order to the director of the establishment of detention, to legalize the deprivation of liberty.
The first working hour following, the Prosecutor will send the proceedings to the competent official for pursuing them, who from the action forward by the prosecution will apply to the provisions of paragraphs 4 and following of Article 18 of this law.

Effective Decisions
INITIATION BY ARTICLE 20 COMPLAINT. The complaint may be submitted orally or in writing, to the criminal court or municipal promiscuous, police inspectors or officers exercising judicial police functions.
When there be no known defendant, the complaint shall be made to the officer exercising judicial police, who keep the proceedings in order to achieve the identification of the perpetrators or participants and immediately notify the competent authority to exercise the controls it deems appropriate.
PARÁGRAFO. After six (6) months without individualization or identification performance to the competent official shall be referred to by that agreement the file of the proceedings is achieved. The investigation may restart if within six (6) months to file new evidence to the identification or identification of the accused appear.

ARTICLE 21. PRELIMINARY HEARING IN CASE OF COMPLAINT. If any imputed known, the same day the report of the judicial police or the complaint, as appropriate, the competent official shall issue an order opening process and set date and time to hear the version of the facts is received; that proceeding must be held within six (6) days. The summons will be made through the most effective means. If not know his whereabouts, determine edict in the secretariat's office for a term of one (1) day. Effective Jurisprudence


If on schedule the accused appear, the action will take place in accordance with Articles 23 and 24 of this Act and the person will continue released.
If the defendant fails to appear, ordered his capture and proceed as provided in Article 18 of this Law, in which case the warrants will be legalized within thirty-six (36) hours. It within ten (10) days from the date on which the arrest warrant was received by the authorities to be run apprehension, if information about the effectiveness of it is not obtained, edict be set again for three (3) days, then was declared absent person will be appointed public defender to legally bind it to process and proceed in accordance with the procedure provided in this Act.

Effective Decisions
ARTICLE 22. COMMUNICATION TO THE PUBLIC PROSECUTOR. Once captured, be made available to the competent official or filed the complaint, according to the case, it will be communicated to the Public Ministry.

ARTICLE 23. DECREE OF TESTS. At the hearing dealt with in Article 21, the competent officer shall discuss the qualification of the charges to inquiries made by the accused, may ask or present evidence that they intend to assert its conduciveness and relevance is determined and decreed that officially deemed necessary. Effective Jurisprudence


If practice test is not possible within the hearing on trial because of their nature, will be held before the hearing and within a term not to exceed ten (10) days.
If the official refuses the practice of some of the evidence requested, shall notify in Court decision, against which an appeal for reinstatement to be resolved in the same act. Effective Jurisprudence



After the diligence, the official date and time set for conducting public trial hearing to be held within ten (10) days. Effective Jurisprudence


JUDGING ARTICLE 24. HEARING. At the public hearing of prosecution evidence they ordered, except in the event that this is not possible under Articles 18 and 23, the official state whether legal charges and maintains formulated and question and hear the accused be practiced. Then will the representative of the Public Ministry, if asistiere, and the defender. After the diligence, the official will decide whether the defendant is not responsible. Effective Jurisprudence


For purposes of motivation and dosage of the sanction may order a maximum break of three (3) days. In that case, set day and time for the diligence of sentencing.
Against the judgment comes the appeal suspensive effect, with the respective superior, which should stand and sustain before finishing the stage. opportunity will be given to the other parties to the proceedings to present their arguments regarding the challenge. The judicial officer will decide at the hearing on the merits of the action. Effective Jurisprudence


When there has been a conviction will be communicated to the appropriate authorities for entry in the register of criminal and misdemeanors background. Effective Jurisprudence

ARTICLE 25.
deprivation of liberty. The legalization of temporary deprivation of liberty will take place in the rating of flagrante delicto and capture charges or no show. The final decision on deprivation of liberty will occur in the sentence.

ARTICLE 26. PROCEEDINGS IN SECOND INSTANCE. Received the file from the top, it shall transfer to the Public Prosecutor for two (2) days and decide plane within two (2) days of receipt of the dossier. Effective Jurisprudence


ARTICLE 27. The discontinuance accepted by the taxpayer of the contravention extinguishes the action in any case, as long as full compensation for the damage. Effective Jurisprudence


ARTICLE 28. TERMINATION OF ACTION FOR REPAIR. In cases of special cotravenciones simple, except theft when there are aggravating circumstances, theft of use, theft between co-owners, fraud, personal injury, issuance and illegal transfer check, abuse of trust, exploitation of foreign mistake or accident, theft well itself and damage to property, the action is extinguished when the accused fully repair the damage. Effective Jurisprudence


To this effect Article 39 of the Code of Criminal Procedure will be taken into account.
In the case of violation of aggravated theft and petty theft with aggravating circumstances arise, the integral reparation of the damage will lead to the decrease of one third (1/3) of the tax penalty. Effective Jurisprudence


ARTICLE 29. FREEDOM FOR EXPIRATION OF TERMS. If, within forty-five (45) days of actual deprivation of liberty, counted from the rating of flagrante delicto or arrest, when he has ordered the arrest of the accused by failing to appear at the summons provided for in Article 21 of this Act, no decision has been rendered, the accused shall be released without prejudice to any criminal or disciplinary responsibility of the competent official that may apply.

ARTICLE 30. RECONCILIATION. In the cases provided for in Article 28, the accused and the injured party may attend at any time during the process, personally or by proxy, before a judicial officer of knowledge or before conciliation centers and conciliators in equity that address Article 66 and 82 of law 23 of 1991. the agreements reached there be presented to the official who is hearing the misdemeanor procedure for decreeing the termination of the action. Effective Notes


ARTICLE 31. CIVIL ACTION. The civil action will be advanced independently the procedure for dealing with this law. Effective Jurisprudence


ARTICLE 32 OF FACTS PUNITIVE connectedness. Effective Jurisprudence



Previous legislation
ARTICLE 33 ALLOCATION. In places where there are several competent officials, measures shall be submitted immediately to deal.


ARTICLE 34. CONFLICT OF POWERS. Conflicts of competence arising between police authorities and between prosecutors, or between prosecutors and judges, will be resolved by the judges of the circuit where the event occurred. Effective Notes

Effective Jurisprudence

ARTICLE 35.
DESPACHOS COMISORIOS. From the effective date of this Act, all police inspectors are competent to deal with the comisorios shipments delivered by the civil, criminal and promiscuous municipal judges, as well as delivered by the Attorney General's Office, as long as they do not they refer to the practice of tests or performing errands or custodial actions of judges and prosecutors knowledge.

ARTICLE 36. ACCEPTANCE OF LIABILITY. At any time the accused accepts responsibility judgment, unless required to verify the veracity of the confession will be made. Yes, except in cases of flagrante delicto, may be made for acceptance before the end of the preliminary hearing or the hearing referred to in article 18 of this Act, the penalty will be reduced by one third (1/3).
In this punitive reduction will not be eligible persons who have been convicted of crimes or intentional violations during the five (5) years. For these purposes will be consulted the Registry of the Attorney General's Office to the 7th article it refers to. of Law 81 of 1993. Effective Jurisprudence


ARTICLE 37. ATTENDANCE OF DECREASES. Effective Jurisprudence



Previous legislation
ARTICLE 38 REFERRAL. In matters not covered in this Law the provisions of the Code of Criminal Procedure and the rules on withdrawal, prescription and annulments contained in Law 23 of 1991 shall apply, provided they do not oppose the oral nature of the procedure laid down in it. Effective Jurisprudence

ARTICLE 39.
STATISTICS. Within the first five (5) working days of each month, criminal and promiscuous municipal judges and the circuit must submit a report to the Sectional Council of the Judiciary, with a copy to the Ministry of Justice and Law, corresponding to developing advanced performances of this Act during the immediately preceding calendar month.
This report will serve to develop research on crime and criminality by the Ministry of Justice and Law, for which it will have in competition with the Superior Council of the Judiciary the format under which it should be developed.
The breach of the obligation in this Article shall constitute a disciplinary offense. Effective Notes

Effective Jurisprudence



Previous legislation ARTICLE 40. PRISON
AVAILABILITY. The National Government will expand existing prisons and establish new required for purposes of compliance with this Act by ensuring that they provide internally dignified conditions, which will achieve the purposes of punishment.
Authorized al National Government so that, at any time, perform the budget transfers and financial operations necessary or desirable to give full and timely compliance with the presented in this article and in this Act.

ARTICLE 41. GUARANTEES OF ARTICLE 28 OF THE CONSTITUTION. Without prejudice to the provisions of the Statutory Law governing states of emergency in Colombia, from the effective date of this Act the raid, records and deprivation of liberty may not be ordered by the administrative authorities. Will be fully implemented Article 28 of the Constitution with the exceptions provided for therein. Effective Jurisprudence


ARTICLE 42. EFFECTIVE DATE. This Law governs from the date of publication. Repeals and subrogated, without exception, the provisions that are contrary.
The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR. REPUBLIC OF COLOMBIA


NATIONAL GOVERNMENT published and execute
Given in Bogota, DC, December 21, 1995.
Ernesto Samper Pizano.
The Minister of Justice and Law, NEIRA
Nestor Humberto Martinez.



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