Official Journal No. 42,804 of 11 June 1996
For which measures are dictated to eradicate some crimes against personal freedom, especially kidnapping and extortion, and other provisions are issued
THE CONGRESS OF THE REPUBLIC
STRUCTURE AND FUNTIONS
ARTICLE 1o. NATIONAL COUNCIL FOR THE FIGHT AGAINST KIDNAPPING AND OTHER ATTACKS ON PERSONAL FREEDOM. Create the National Council for the Fight against the Abduction and the other Atentados against Personal Freedom, Conase, as an advisory, advisory and advisory body. coordination in the fight against crimes against individual freedom, especially kidnapping and extortion, which will be made up of a National Army Senior Officer and one of the National Police, appointed by the Minister of Defense National; a personal delegate of the Director of the Administrative Department of Security; a delegate staff of the Attorney General of the Nation; a personal delegate of the Attorney General of the Nation, and a personal delegate of the President of the Republic, who will be the Director of the Presidential Program for the Defense of Personal Freedom. chair.
PARAGRAFO. When the Conase considers it appropriate for the nature of the matter to be dealt with, it may invite officials and persons from other State or private entities to attend any of its meetings.
ARTICLE 2o. PRESIDENTIAL PROGRAM FOR THE DEFENSE OF PERSONAL LIBERTY.. ................................... and 6o. of Decree 1465 of 1995, Articles 2o. and 3o. of Decree 1653 of 1995 and Decree 67 of 1996.
The Presidential Program for the fight against the crime of kidnapping will be permanent and will be called the Presidential Program for the Defense of Personal Freedom.
ARTICLE 3o. FUNCTIONS OF THE DIRECTOR OF THE PRESIDENTIAL PROGRAM FOR THE DEFENSE OF PERSONAL LIBERTY. Without prejudice to other functions assigned to him in other provisions, the Director of the Presidential Program for the Defense of Freedom Personnel, in coordination and with the advice of the National Council for the Fight against Kidnapping and other attacks on Personal Freedom, will perform the following functions:
(a) Coordinate the activities of the agencies or entities of the State that carry out functions related to the fight for the eradication of conduct that attacks personal freedom, and in particular those related to kidnapping and extortion;
(b) Define criteria on the basis of which the security agencies carry out the collection and storage of records and statistical data relating to criminal conduct affecting personal freedom, in particular kidnapping and extortion and with their socio-economic background;
c) To keep a record of the persons reported as kidnapped, where they contain their full names and identification, and send it to all the 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 it, within twenty-four (24) hours, to the Director of the Presidential Program for Defense of Personal Freedom, in order to incorporate the information in the register referred to in the previous paragraph. Failure to comply with this obligation shall cause the person to be seriously punishable by dismissal, without prejudice to other sanctions to be imposed;
d) Bring policies to guide the implementation of actions leading to the early rescue of victims and the capture of those responsible for attacks on personal freedom, especially kidnapping and extortion crimes;
e) Promote international technical and judicial cooperation, in particular the achievement of the necessary resources for the achievement of the objectives of the Presidential Program for the Defense of Personal Freedom;
f) Coordinate the human and material resources that have been placed at the service of the Groups and Units;
g) To advise the National Government, when required, in the processing of requests for change in the case for the case of kidnapping and extortion offences referred to in Article 17 of Decree 2790 of 1990, adopted as permanent legislation by Decree 2271 of 1991;
(h) Imparting patterns of organization, administration, financing and operation in order to ensure that the activities of the groups and units are carried out in an effective manner. as well as to formulate instructions for effective cooperation with investigations by the Office of the Prosecutor General of the Nation;
i) Bring policies that guide the smooth operation and impact of the reward payment system;
j) Velar for the proper respect for International Humanitarian Law;
k) Dispose the organization, establishment, deletion, location, and coordination of the Unified Action Groups and the Units that make up them;
[l] To elaborate, in coordination with the other entities, a kidnapping prevention manual that will have as a source, among others, the data on the results of the judicial investigations carried out by the Office of the Prosecutor General of the Nation. For this purpose, the instruction reservation cannot be opposed, and
m) Forming part of the Higher Council of Criminal Policy.
To facilitate the performance of his duties, the Director of the Presidential Program for the Defense of Personal Freedom and the Conase, will have a permanent technical secretariat that will be part of the structure of the Department. Administration of the Presidency of the Republic. This Secretariat, in addition to the functions assigned to it by the National Government, will be responsible for the communication, monitoring and verification of the decisions of the Conase and the collection and systematization of the intelligence, judicial and statistical information, which provide the institutions represented in the Council and, in general, information on this matter in the national territory. For this purpose, it will have a National Data Center on Kidnapping, Extortion, and the other Atentados with Personal Freedom.
PARAGRAFO 1o. While the Technical Secretariat is implanted, the Director of the Presidential Program for the Defense of Personal Freedom may request his/her contest from the different public entities that make up the Conase, to advance the activities that correspond to it. To this end, they shall commission the officials required.
PARAGRAFO 2o. The functions referred to in this article must be carried out without prejudice to the administrative and budgetary autonomy and the competence of the investigative and accusatory matters. to develop the Office of the Prosecutor General of the Nation and the National Judicial Police Council.
PARAGRAFO 3o. The public servant of the Executive Branch that does not abide or impedes the performance of the functions of the Director of the Presidential Program for the Defense of Personal Freedom, will incur a penalty without prejudice to the other sanctions to be imposed on them.
ARTICLE 4. UNIFIED ACTION GROUPS. Create the Unified Action Groups for Personal Freedom, "Gaula", each one of the personnel, assets and resources identified by resolution of the Director of the Presidential Program for Defense of the Personal Freedom, which must be provided by the Office of the Prosecutor General of the Nation, the National Army, the National Police, the National Navy, the Air Force, and the National Administrative Department of Security.
PARAGRAFO. On the other hand, the functions that the Anti-Kidnapping Units, Join, will be in charge of the "Gaula" and consequently its personnel, assets and resources, will be able to be incorporated to these, after evaluation that for the effect Conase.
ARTICLE 5o. ORGANIZATION OF THE GAULA. The Unified Action Groups for Personal Freedom, Gaula, for the fulfillment of their mission will be organized like this:
(a) A Unified Directorate in charge of the respective Prosecutor and the corresponding Military or Police Commander, in terms of their own competence;
b) An intelligence and evaluation unit composed of intelligence analysts, communications technicians and database operations, who are responsible for collecting and processing the information and propose to the Unified Directorate the different action alternatives;
c) An Operational Unit composed of personnel from the Military Forces, the National Police, or the Administrative Department of Security. Each Unit acts under the command of an Officer and is responsible for the planning and execution of operations necessary for the rescue and protection of victims and the capture of those responsible;
d) A Investigative Unit made up of agents, detectives and technicians with Judicial Police functions. Each unit acts under the direction of the competent prosecutor and will be responsible for bringing forward criminal investigations.
PARAGRAFO. To support the functions of the "Gaula" in the detection of assets from kidnapping and extortion crimes, an inter-agency group consisting of officials from public entities carrying out functions of surveillance and control and the Special Administrative Unit Directorate of National Taxation and Customs.
ARTICLE 6o. SPECIAL ATTRIBUTIONS OF THE CHIEF PROSECUTOR. The Chief Prosecutor, in addition to complying with the ordinary procedures, shall have the following special powers:
(a) From the date, exclusively assume the stage of prior investigation of the cases related to the crimes of kidnapping, extortion and related, until the identification of the authors or participants, except in the cases of This is the case for a person who is a member of the national court or who is a member of the national court. If it does not exist, it will save the corresponding capture order.
Identified the person or received the enquiry to the captured, as the case may be, the Prosecutor will immediately forward the action to the Collective Secretariat of the Regional Directorate of Fiscalas, so that the Head of the Unit can be reached Specialized Antikidnapping and Extorsion and assign the Prosecutor of Knowledge;
b) Direct, coordinate and control all investigations;
c) Immediately communicate to the Director of the Presidential Program for the Defense of Personal Freedom the initiation of previous investigations and report on the development of these investigations.
PARAGRAFO. From the preliminary investigations in progress, the prosecutors will continue to be known to whom the proceedings are based on the date of entry into force of this law, except that the Sectional Director of Fiscalas has contrary.
ARTICLE 7o. CREATION OF CHARGES. The Superior Council of the Judicature will create the charges of tax delegates and other public servants that the Office of the Attorney General of the Nation requires to comply with the provisions of this Law, and these must be provided within sixty (60) days after its creation.
The National Government will provide the corresponding resources to be used for this purpose.
ARTICLE 8. The National Government will modify the structure and functions of the Ministry of National Defense and the Administrative Department of Security, DAS, with the sole purpose of making the adjustments. necessary to make effective compliance with the provisions of this Law.
By virtue of this, you can create, merge, restructure, or delete dependencies and reorganize the investigation, intelligence, and operations bodies.
ARTICLE 9o. NATIONAL FUND FOR THE DEFENSE OF PERSONAL FREEDOM. 3o. of Decree 1182 of 1999, see Note of Vigence following this paragraph. The original text is as follows: > Create the National Fund for the Defense of Personal Freedom as a special account of the Administrative Department of the Presidency of the Republic.
The Fund's management shall be subject to the regulations that the Fund shall adopt and issue the Conase.
The Fund will be under the administration of a Manager, who will be a public servant of the Administrative Department of the Presidency of the Republic, designated by the President of the Republic.
The purpose of the Fund will be to contribute to the resources necessary for the payment of the rewards and the expenses of the endowment and functioning of the Unified Action Groups for Personal Freedom, which cannot be attended by the participating institutions. of the same. The Fund shall cover the costs of the Technical Secretariat that will support the functions of the Director of the Presidential Program for the Defense of Personal Freedom and the Conase.
The resources of the National Fund for the Defense of Personal Freedom will come from the contributions assigned to it in the General Budget of the Nation, as well as the donations and resources of credit that the Department has contracted to its name. Administration of the Presidency of the Republic, the resources from international cooperation, the investments that are made and the other income that according to the law is enabled to receive.
The Fund will also be responsible for the provisional destination of seized assets that have been used for the commission of kidnapping crimes, or are products of the same, as well as the administration and custody of those who, because of their It should not be provisionally intended.
ARTICLE 10. INFORMATION DELIVERY. The fact that, in order to contribute to the commission of the crime of kidnapping extortionate or the crime of extortion, supply to other information that he has known for reason or in occasion of his functions, office or office, will incur in prison sentence Fifteen (15) to thirty (30) years and a fine of one hundred (100) to five hundred (500) monthly minimum legal wages.
ARTICLE 11. AGGRAVATED FOR THE CRIME OF KIDNAPPING. Article 270 of the Criminal Code, as amended by the article 3o. of Law 40 of 1993, will have a numeral 14 of the following tenor:
14) When you are brought with the kidnapped person during the time of deprivation of liberty.
ARTICLE 12. ILLEGAL USE OF FOREIGN ERROR RESULTING FROM KIDNAPPING OR EXTORTION. He who without being involved in a crime of kidnapping or extortion, on the occasion of the same, obtains illicit profit, inducing or holding another, incurs in prison of Five (5) to 15 (15) years and a fine equivalent to the value of the obtained.
ARTICLE 13. REWARD. The competent authorities may recognize the payment of monetary rewards to the person who, without having participated in the crime, provides effective information that permits the identification and placement of the authors or members of a the crime of kidnapping or extortion, or the location of the place where a kidnapped or victim of an attack against the personal liberation is located.
The authority that receives the information must verify the accuracy, usefulness and effectiveness of the information and send the corresponding certification to the competent official to proceed with the payment. The National Government shall regulate the content of the certification and the requirements for its granting.
In no case will the payment of rewards be made to the spouse, partner or permanent partner, nor to the relatives within the fourth degree of consanguinity, second of affinity or sole civilian of the kidnapped
ARTICLE 15. BENEFITS. In the case of kidnapping, extortion and related crimes, of jurisdiction of the regional judges, there will be no punitive reduction, nor any other benefit in collaboration with the justice of those provided for in the legislation criminal, except as enshrined in article 20 of this Law.
ARTICLE 16. COMPETITION FOR AMOUNTS FOR EXTORTION. In the case of extortion, the jurisdiction for the amount shall be set to the value initially required.
ARTICLE 17. SPECIAL OBLIGATIONS FOR PUBLIC NOTARIES. The Public Notary shall not be able to attest to any request that is filed with him, where a person who is related in the record of dealing with the literal c) of the article 3or. of this Law.
In addition, if in the exercise of its functions or on the occasion thereof, it knows an act, contract or document which, by the amount, the interveners, the nature of the operation or its reality, makes him suppose in a way that it can be linked with A crime of kidnapping or extortion must be reported immediately to the Office of the Prosecutor General of the Nation.
Failure to comply with any of these obligations will cause the official to cause misconduct punishable by dismissal and fine up to 1,000 (1,000) monthly minimum legal wages, imposed by the Superintendent of Notarization and registration, without prejudice to other penalties to be imposed.
PARAGRAFO. The National Government, by means of regulations of a general nature, shall establish the criteria to be taken into account by the Notaries when implementing the provisions of the second paragraph of this Article.
ARTICLE 18. INTERCEPTION OF COMMUNICATIONS. In investigations for crimes of kidnapping, extortion and related, of jurisdiction of regional judges, the Chief Prosecutor may order the interception of communications referred to in the article 351 of the Code of Criminal Procedure, without the approval of the National Directorate of Fiscalas. Notwithstanding the foregoing, the judicial officer must send, within twenty-four (24) hours after his expedition, a copy of the resolution to the National Directorate of Fiscalas for his/her knowledge.
ARTICLE 19. OBLIGATION TO PROVIDE INFORMATION. Without prejudice to the provisions of Articles 102 et seq. of Law 104 of 1993, operators of telecommunications services, including licensees and licensees of the service cell phone, they must supply all available information that is useful in the investigation of kidnapping and extortion crimes, judicial officers and public servants who fulfill judicial police functions, when they request in the development of a criminal investigation.
The information must be brought to the attention of the respective authority within 24 hours of receipt of the request.
The petition must be motivated and informed to the Attorney General's Office, for their knowledge.
In addition to the appropriate penalties, failure to comply with the obligation contained in the foregoing paragraph will make the operator liable to the penalties provided for in Article 53 of the 1990 Decree number 1900, and in dismissal, in the case of public server.
ARTICLE 20. EFFECTIVE COLLABORATION BENEFITS. The participant of a kidnapping offence who provides effective information to the authority on the place where the abductee is located or provides evidence to allow the deduction of the criminal liability of the Member of the Commission shall be entitled to a decision on the application of the law of the Member State of the European Union for the purposes of the application of the law of the Member State concerned. incorporation of the protection program for victims and witnesses, as well as an incentive for rehabilitation in amounts up to two hundred (200) monthly minimum legal wages.
Of these benefits are excluded the determiner of the punishable fact and the chief executive, financier or promoter of the concert to commit crimes of kidnapping or of the company or organized and stable association for the same purpose.
The benefits referred to in this Article shall be granted in accordance with the procedure and requirements laid down in Articles 369A and following of the Code of Criminal Procedure.
ARTICLE 21. SUSPENSION OF LEGAL TERMS IN CRIMINAL PROCEEDINGS AGAINST THE KIDNAPPED. In the criminal proceedings in which the accused person is kidnapped, the legal terms corresponding to the judgment stage will be suspended until check their release, rescue or death.
This suspension will be exclusively decreed in relation to the kidnapped syndicate and, consequently, the process will continue to be processed with respect to the other unions.
For the purposes of crediting the quality of the sequestered must be incorporated into the process copy of the opening decision of the prior investigation or of the instruction, as the case may be, and certification issued by the Director of the Presidential Program for the Defense of Personal Freedom, in which the inclusion of the person in the registration of kidnapped persons is recorded.
The National Government will regulate its operation.
ARTICLE 23. DECLARATION OF ABSENCE OF THE ABDUCTED. 26 of Law 986 of 2005. The new text is as follows: > The process of declaration of absence of a person who has been a victim of kidnapping shall be brought forward before the family judge of the principal address of the absent at any time after the occurrence of the abduction and until prior to the presumptive death declaration.
They will be entitled to exercise the curatorship of goods, in their order, the following persons: the spouse or partner or companion, the descendants including the adopted children, the ascendants including the adoptive parents and the brothers. In the case of several persons in the same order of precedence, the judge, the relatives, shall choose among them the most suitable, and may also, if he considers it appropriate, choose more than one and divide the functions between them.
The claim may be filed by any of the persons called to exercise the conservatorship and in it the relationship of the other persons of those who have news about their existence will be included and that by virtue of the provisions of the present Article could be exercised. The declaration shall be deemed to be rendered under the gravity of the oath. The claim must be annexed to the current certification referred to in article 5o of this law. Action may be taken directly without the need to constitute a judicial proxy.
In the order of the admissory of the suit, the person called to exercise the charge will be appointed as the curator of provisional goods, but if the order is rejected, or no person will be presented with legitimacy to exercise it, or if by common agreement all persons who have legal vocation to exercise the curatorship so request, the judge may order the curatorship to a trust company that has previously expressed interest in making such a management.
The judge who does not join the procedure here, or who in any way acts in contravention of the provisions of this article, will incur a cause of misconduct.
The provisions of the Civil Code and Civil Procedure shall apply as not provided for in this Article.
ARTICLE 24. RETURN OF PROPERTY TO VICTIMS. For the return of goods apprehended by the authorities of the property of the kidnapped or their relatives, the degree of consultation is not required.
ARTICLE 25. VALIDITY. This Law governs from the date of its publication, and repeals and subrogates the provisions that 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.
Publish and execute
Dada en Santa Fe de Bogotá, D. C., on 6 July 1996.
ERNESTO SAMPER PIZANO
The Minister of the Interior,
HORACIO SERPA URIBE.
The Minister of Justice and Law,
CARLOS EDUARDO MEDELLIN BECERRA.
The Minister of National Defense,
JOHN CARLOS ESGUERRA PORTOCARRERO