Why Some Measures To Eradicate Crimes Against Personal Freedom, Especially Kidnapping And Extortion Are Issued, And Issued Other Provisions

Original Language Title: Por la cual se dictan medidas tendientes a erradicar algunos delitos contra la libertad personal, especialmente el secuestro y la extorsión, y se expiden otras disposiciones

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ACT 282 OF 1996
(June 6)
Official Gazette No. 42804 of June 11, 1996
Whereby measures to eradicate certain crimes against personal liberty are held, especially kidnapping and extortion and other provisions are issued summary

Term Notes

STRUCTURE AND FUNCTIONS ARTICLE 1o. NATIONAL COUNCIL OF FIGHT AGAINST KIDNAPPING AND OTHER ATTACKS AGAINST PERSONAL LIBERTY. Create the National Council to Combat Kidnapping and Other Attacks on Personal Liberty, Conase, as an advisory body, consultative and coordination in combating crimes against individual freedom, especially kidnapping and extortion, which will be integrated by a Senior Officer of the Army and one of the National Police, appointed by the Minister of National Defence; a personal delegate of the Director of the Administrative Department of Security; a personal delegate of the Attorney General's Office; a personal delegate of the Attorney General's Office, and a personal representative of the President of the Republic, who is the Director of the Presidential Programme for the Defence of Personal Liberty, who will preside.
PARÁGRAFO. When the Conase it deems appropriate for the nature of the matter to be treated, you can invite officials and people of other state or private entities to attend any of its meetings.
Article 2.
. PRESIDENTIAL PROGRAM FOR THE DEFENSE OF PERSONAL FREEDOM. Incorpóranse this Law Articles 1o., 3o., 5O. and 6o. Decree 1465 of 1995, Articles 2o. and 3o. Decree 1653 of 1995 and Decree 67 of 1996.
The Presidential Program for combating the crime of kidnapping is permanent and Presidential Programme for the Defence of Personal Liberty will be called.

ARTICLE 3. FUNCTIONS OF DIRECTOR OF PRESIDENTIAL PROGRAM FOR THE DEFENSE OF PERSONAL FREEDOM. Without prejudice to any other functions that have been assigned to other provisions, the Director of the Presidential Programme for the Defence of Personal Liberty, in coordination and with the assistance of the National Council for Combating Kidnapping and other attacks on personal liberty, it shall perform the following functions:
a) to coordinate the activities of State agencies or entities that perform functions related to the struggle for the eradication of behaviors that threaten personal freedom and especially those relating to kidnapping and extortion;
B) define criteria based on which the security agencies carried out the collection and storage of records and statistical data related to criminal behavior that threaten personal freedom, especially kidnapping and extortion and socioeconomic context;
C) Keep a record of persons reported as kidnapped, attesting to their full names and identification, and send it to all notaries in the country. This record must be updated at least once a month.
Without prejudice to the obligation to report the crime, the public servant who knows the commission of a crime of kidnapping must report, within twenty-four (24) hours, the Director of the Presidential Programme for the Defence of Freedom staff, in order to incorporate the registration information in the preceding paragraph refers to. Failure to comply with this obligation shall not involve the person in serious misconduct punishable by dismissal, without prejudice to other penalties that may apply;
D) Devising policies to guide for performing actions leading to the prompt rescue of victims and the capture of those responsible for the attacks on personal freedom, especially the crimes of kidnapping and extortion;
E) Promote international technical and judicial cooperation, especially that is intended to achieve the resources necessary to achieve the objectives of the Presidential Programme for the Defence of Personal Liberty;
F) coordinate human and material resources have been placed at the service of groups and units;
G) To advise the National Government, when so required in the processing of change requests establishment of processes for crimes of kidnapping and extortion that Article 17 of Decree 2790 refers to 1990, adopted as legislation permanent by Decree 2271 of 1991;

H) Provide patterns of organization, management, financing and operation in order to be met effectively activities aimed at developing good intelligence work and operations performed Groups and Units, as well as formulating instructions make effective cooperation with investigations by the Attorney General's office;
I) Devising policies to guide the proper functioning and greater impact of the payment system of rewards;
J) Ensure proper respect for International Humanitarian Law;
K) Have the organization, establishment, deletion, location and coordination of Unified Action Groups and the units that make up;
L) Develop, in coordination with other entities, a manual that will prevent kidnapping as a source, among others, data on results of judicial investigations conducted by the Attorney General's Office. To this effect, it may not raise the reserve instruction, and
m) Join the Superior Criminal Policy Council.
To facilitate the performance of their duties, the Director of the Presidential Programme for the Defence of Personal Liberty and Conase, will have a permanent Technical Secretariat that will be part of the structure of the Administrative Department of the Presidency of the Republic . The Secretariat, in addition to the functions by decree assigned by the national government, will be responsible for communication, monitoring and verification of decisions Conase and the collection and systematization of intelligence, judicial and statistics, which provide the institutions represented in the Council and, in general, the information on this subject exists in the country. To this end, it will have a National Data Centre kidnapping, extortion and other attacks Personal Liberty. PARAGRAPH 1.
. While the Technical Secretariat is implanted, the Director of the Presidential Programme for the Defence of Personal Liberty may apply to the different public entities that make up the Conase, to carry out the activities that correspond to your competition. To this end, those entities will commission officials as required. PARAGRAPH 2.
. The functions referred to in this article shall be conducted subject to the administrative and budgetary autonomy and competition in investigative and prosecutorial matter to them to develop the Attorney General's Office and the National Council of Judicial Police. PARAGRAPH 3.
. The public servant of the Executive Branch that does not comply with or impede the performance of the functions of the Director of the Presidential Programme for the Defence of Personal Liberty, incur offense punishable by dismissal, without prejudice to other penalties that may apply.

ARTICLE 4. Unified Action Groups. Créanse the Unified Action Groups for Personal, "Gaula" Liberty, each formed with staff, assets and resources identified by order of the Director of the Presidential Programme for the Defence of Personal Liberty, which must be provided by the Attorney General of the Nation, the Army, the National Police, Navy, Air Force and the National Administrative Department of Security.
PARÁGRAFO. Hereinafter, the functions are in compliance with the Anti-Kidnapping Unit, Join, will be in charge of the "Gaula" and therefore its staff, assets and resources, may be incorporated into these, prior assessment that the effect Conase perform.

The 5th ITEM. ORGANIZATION OF Gaula. Unified Action Groups for Personal Liberty, Gaula, to fulfill its mission will be organized as follows:
a) a unified direction by the respective Prosecutor and the Military Police Commander or appropriate, in its own jurisdiction;
B) An evaluation unit composed of intelligence and intelligence analysts, communications technicians and operation of databases, responsible for collecting and processing information and propose to the Unified Address the different alternatives of action;
C) an operational unit composed of personnel of the Armed Forces, the National Police or the Administrative Security Department. Each unit operates under the command of an officer and is responsible for the planning and execution of the operations necessary for the rescue and protection of victims and the capture of those responsible;
D) An investigative unit composed of officers, detectives and technicians with functions of Judicial Police. Each unit operates under the direction of competent prosecutor and arrange for advance criminal investigations.

PARÁGRAFO. To support the functions of the "Gaula" in detecting assets from kidnapping and extortion, a team of officials from public entities exercising functions of monitoring and control and the Special Administrative Unit Tax agency group will be formed and Customs.

ARTICLE 6o. SPECIAL POWERS OF FISCAL OFFICER. The Chief Prosecutor, in addition to meeting the standard procedures, shall be as follows special character:
a) From the date assume exclusively the preliminary investigation stage of cases related to the crimes of kidnapping, and related extortion, to achieve the identification of perpetrators or participants, except in cases of flagrante delicto or confession, which shall also have to issue a resolution opening statement and hear the captured interrogatory. If any uncaptured, will deliver the corresponding arrest warrant. Identified
person or received the inquest the captured, as the case, the prosecutor forwarded immediately to the Collective action Secretariat of the Regional Directorate of Public Prosecutions, that it be forwarded to the Head of the Specialized Unit and Anti-Kidnapping extortion and assigned Attorney knowledge;
B) To direct, coordinate and control all investigations;
C) Communicate immediately to the Director of the Presidential Programme for the Defence of Personal Liberty initiation of previous and report on the development of these investigations.
PARAGRAFO. Preliminary investigations underway will continue knowing prosecutors in charge of the proceedings are rooted to the date of enactment of this Act, unless the Director of Public Prosecutors Seccional otherwise. Effective Notes

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ARTICLE 7. CREATION OF POSTS. The Superior Council of the Judiciary create charges of tax delegates and other public servants that the Attorney General's Office required to comply with the provisions of this Act, and they must be provided within sixty (60) days his creation.
The National Government will provide appropriate resources allocated for this purpose.

Article 8. The National Government will amend the structure and functions of the Ministry of National and Defense Department of Administrative Security, DAS, for the sole purpose of making effective the measures necessary to comply with the provisions of this Act adjustments.
As such, you can create, merge, restructure or eliminate dependencies and reorganize the bodies responsible for research, intelligence and operations.

Article 9. NATIONAL FUND FOR THE DEFENSE OF PERSONAL FREEDOM. Create the National Fund for the Defense of Personal Liberty as a special account of the Administrative Department of the Presidency of the Republic. Effective Notes

The administration of the Fund is subject to the regulations on the matter adopted and issued by the Conase.
The Fund will be under the administration of a Manager, which will be a public servant of the Administrative Department of the Presidency of the Republic, appointed by the President of the Republic.
The purpose of the Fund will contribute the necessary resources for the payment of rewards and costs of staffing and operation of Unified Action Groups for Personal Liberty, who can not attend the member institutions of the same. The Fund defray the expenses relating to the Technical Secretariat to support the functions of the Director of the Presidential Programme for the Defence of Personal Liberty and Conase.
The resources of the National Fund for the Defense of Personal Freedom come from the contributions assigned to it in the General Budget of the Nation, as well as grants and credit resources to hire your name the Administrative Department of the Presidency of the Republic, the resources from international cooperation, investments made and other income according to the law is entitled to receive.
The Fund also will be responsible for the provisional destination of seized property that has been used for the commission of crimes of kidnapping or other product thereof and the administration and custody of those who, be appropriate and not intended as provisional.

ARTICLE 10. PROVISION OF INFORMATION. Which, in order to contribute to the crime of kidnapping or extortion, shall provide to the other information that is known by reason or occasion of their duties, position or office, punishable with imprisonment of fifteen ( 15) to thirty (30) years and a fine of one hundred (100) to five hundred (500) minimum monthly wages.
AGGRAVATED KIDNAPPING FOR CRIME. Article 270 of the Penal Code, as amended by the 3rd article. Law 40 of 1993, will have a numeral 14 as follows:
14) When traffics in the person kidnapped during the time of deprivation of liberty.

ARTICLE 12. PROFIT BY ERROR ILLEGAL ALIEN ABDUCTION FROM or extortion. Which without being a participant in a crime of kidnapping or extortion, during the same, get out illegal, inducing or maintaining mistake to another, be liable to imprisonment of five (5) to fifteen (15) years and a fine in an amount equivalent to value of the proceeds.
REWARD. The competent authorities may recognize the payment of monetary rewards to the person who, without having participated in the crime, provide effective information that allows the identification and location of the perpetrators or participants in a crime of kidnapping or extortion, or the location of the place where there is a hostage or victim of outrages upon personal Liberta.
The authority receiving the information must verify the accuracy, usefulness and effectiveness of it and send to the competent official certification corresponding to that payment be effected. The National Government shall regulate the content of certification and the requirements for granting.
In any case the payment of rewards the spouse, permanent partner or relatives within the fourth degree of consanguinity, affinity or civil of Kidnapped proceed

ARTICLE 14. PROCEDURE ABBREVIATED. . Effective Jurisprudence

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ARTICLE 15. BENEFITS. In the case of kidnapping, extortion and related, competence of regional judges, there shall be no punitive reduction, or any other benefit for collaborating with justice those covered by criminal law, except as enshrined in Article 20 of this Law.

ARTICLE 16. COMPETITION FOR CLAIMS FOR EXTORTION. In proceedings for the crime of extortion, competition on the basis of the amount shall be initially demanded attention to value.

ARTICLE 17. SPECIAL OBLIGATIONS Notaries Public. The Notary Public can not vouch for any application submitted before him, where a person who is related to the record that is the literal c) of Article 3 figure. of this Law.
In addition, if in performance of their duties or in connection with them, you know an act, contract or document by the amount, the interveners, the nature of the operation or its reality, do you suppose which can reasonably be linked with kidnapping or extortion crime, you should immediately report to the Attorney General's Office.
The breach of any of these obligations will incur the official grounds for misconduct punishable by dismissal and a fine up to one thousand (1,000) minimum monthly wages, imposed by the Superintendent of Notaries and Registration, without prejudice other penalties that may apply.
PARÁGRAFO. The Government, through general regulations, establish the criteria to be taken into account by notaries to give effect to the provisions of the second paragraph of this article.
wiretapping. In investigations of crimes of kidnapping, extortion and related, competence of regional judges, the Prosecutor delegate may order the interception of communications referred to in Article 351 of the Code of Criminal Procedure, without approval of the National Directorate of procuratorates. Notwithstanding the foregoing, the judicial officer shall within twenty-four (24) hours after shipment, a copy of the resolution to the National Directorate of Public Prosecutions for information.

ARTICLE 19. OBLIGATION TO PROVIDE INFORMATION. Without prejudice to the provisions of Articles 102 and following of Law 104 of 1993, operators of telecommunications services, including franchisees and licensees of cellular mobile telephony, should provide all available information to be useful in the investigation of kidnapping and extortion, judicial officials and public servants performing functions of judicial Police, at their request in the development of a criminal investigation.
The information shall be notified of the respective authority within twenty-four (24) hours of receipt of the request.
The request must be reasoned and informed the Attorney General's Office, for information.
In addition to the appropriate sanctions, breach of the obligation contained in the preceding paragraph will incur the operator in the penalties provided for in Article 53 of Decree No. 1900 of 1990, and dismissal, if it is a public servant.

ARTICLE 20. BENEFITS EFFECTIVE COLLABORATION. The participant in a crime of kidnapping to provide effective information to the authority over the place where the kidnapped or provide evidence to deduct criminal responsibility of the determiner or director, leader, funder and promoter of a concert to commit offenses of kidnapping or a company or organized and stable for the same purpose association, may be benefited suspended sentence and incorporating the protection program for victims and witnesses, as well as an incentive for rehabilitation amount to two hundred (200) wages monthly minimum.
Of these benefits are excluded from the determiner of the offense and the principal leader, funder or concert promoter to commit crimes of kidnapping or company or partnership organized and stable for the same purpose.
The benefits referred to in this Article shall be granted in accordance with the procedure and requirements under Articles 369A et seq of the Code of Criminal Procedure.

ARTICLE 21. SUSPENSION OF LEGAL TERMS IN CRIMINAL PROCEEDINGS AGAINST THE KIDNAPPED. In criminal in that the accused be hijacked processes, the corresponding legal terms to the trial stage, be suspended until they will check their release, rescue or death.
This suspension shall be ordered only in relation to the accused kidnapped and consequently, the process will continue its proceedings with respect to the other accused.
For purposes of demonstrating the quality of kidnapped copy be incorporated into the resolution process of opening the preliminary investigation or instruction, as appropriate, and certification issued by the Director of the Presidential Programme for the Defence of Personal Liberty , in which establishes the inclusion of the person in the register of kidnapped persons.

ARTICLE 22. PAYMENT OF SALARY A KIDNAPPED. The Fund referred to article 9 a., Of this Law shall take a collective insurance to guarantee the payment of wages and social benefits kidnapped.
The National Government will regulate its operation.

ARTICLE 23 STATEMENT OF ABSENCE OF KIDNAPPED. The process of declaration of absence of a person who has been the victim of abduction be brought forward to the judge's family's primary residence absent at any time after the occurrence of the kidnapping and even before the declaration of presumed death.
You will be entitled to exercise the curatorship of goods, in order, the following: the spouse or permanent partner, descendants including adopted children, ascendants including adoptive parents and siblings. If there are several people in the same order of priority, the judge, after hearing the relatives, will choose among them that his sight more suitable, and may also, if it thinks fit, choose more than one and divide them functions. Effective Jurisprudence

The demand may be submitted by any of the persons having curating and it's relationship to other people who have news about its existence and will be included under the provisions of this Article may exercise . The declaration shall be given under oath. A demand must be attached to the current certification referred to in article 5 of this law. It may act directly without constituting legal representative.

In the car admisorio demand will proceed to appoint an interim curator goods to the person called to exercise the office, but if the request is rejected, or any person entitled to exercise it are not presented, or if agreement all people who have a vocation to exercise legal conservatorship request, the judge may order the curatorship to a trust company that has previously expressed interest in performing such management.
The judge who does not adhere to the procedure outlined here or in any way act in contravention of the provisions of this Article, shall be liable for misconduct.
In matters not covered in this article the provisions of the Civil Code and Civil Procedure shall apply. Effective Notes

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ARTICLE 24. RETURN OF GOODS TO VICTIMS. For the return of property seized by the authorities of the sequestered property or their relatives, the degree of consultation is required.

ARTICLE 25. EFFECTIVE DATE. This Law governs from the date of its publication and repeals and subrogated the provisions that are contrary.
The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary General of the honorable Senate,
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS

published and execute Given in Santa Fe de Bogota, DC, on July 6, 1996.

Ernesto Samper Pizano Interior Minister, || | Horacio Serpa Uribe.
The Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA
The Minister of National Defense Juan Carlos Esguerra Portocarrero PORTOCARRERO

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