Whereby Article 42 Of The Constitution Develops And Promulgate Regulations To Prevent, Remedy And Punish Domestic Violence

Original Language Title: Por la cual se desarrolla el artículo 42 de la Constitución Política y se dictan normas para prevenir, remediar y sancionar la violencia intrafamiliar

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law 294 of 1996
(July 16)
Official Gazette No. 42836 of July 22, 1996
Whereby Article 42 of the Constitution develops and promulgate regulations to prevent, remedy and punish domestic violence. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: TITLE I.

OBJECT, DEFINITIONS AND GENERAL PRINCIPLES
ARTICLE 1o. This Act seeks to implement Article 42, paragraph 5O., Of the Constitution, through a comprehensive treatment of different forms of violence in the family, in order to ensure harmony and unity it.
Article 2.
. The family is formed through natural or legal ties, by the free decision of a man and a woman to marry or will conform responsible. Effective Jurisprudence


For the purposes of this Act, are part of the family:
a) The spouses or permanent companions; Effective Jurisprudence


B) The father and mother of the family, though not coexist in the same household;
C) The ancestors or descendants of past and adopted children;
D) All other persons shall be found permanently integrated into the household.

ARTICLE 3. For the interpretation and application of this Act the following principles are taken into account:
a) Primacy of fundamental rights and recognition of the family as the basic institution of society;
B) Any form of violence in the family is considered destructive of its harmony and unity, and therefore will be prevented, corrected and sanctioned by public authorities;
C) Timely and effective special protection to those who in the context of a family are or may become victims, in any form, physical or psychic injury, threats, abuse, insult, offense, torture or insult , because of the behavior of another member of the household;
D) Equal rights and opportunities for men and women;
E) The fundamental rights of children: life, physical integrity, health, social security, balanced diet, your name and nationality, have a family and not be separated from it, care and love , education, culture, recreation and the free expression of their opinions;
F) The rights of children take precedence over those of others;
G) The preservation of the unity and harmony among family members, resorting to legal amicable means when appropriate;
H) The efficiency, speed, orality summary procedure and in the application of the procedures under this Act;
I) The respect for privacy and good name in the processing and resolution of domestic conflict.
TITLE II. PROTECTION



ARTICLE 4. Any person who within their family context is a victim of physical, mental, or damage to your sexual integrity, threat, insult, offense or any other form of aggression by another household member, may, without prejudice to the penalties that might arise, the commissioner of family where ocurrieren the facts and in the absence of this the Municipal Civil Judge or Promiscuous Municipal, a measure of immediate protection to end violence, abuse or assault or avoid complaints that this is done when he is imminent.
When the home of the aggrieved person there is more than a competent judicial office to take cognizance of this action, the request shall be submitted immediately partitioned manner.
PARÁGRAFO. In cases of domestic violence in indigenous communities, the jurisdiction in these cases is the respective indigenous authority, development of special jurisdiction provided for by the Constitution in Article 246. Term Notes

Effective Jurisprudence

Legislation Previous


The 5th ITEM. PROTECTIVE MEASURES IN CASES OF DOMESTIC VIOLENCE. If the competent authority determines that the applicant or a member of a family has been a victim of violence, it issued a reasoned a definitive measure of protection providence, in which order the perpetrator refrain from the conduct complained of, or any other Similarly against the offended person or another household member. The official may also impose, as appropriate, the following measures, without prejudice to those laid down in Article 18 of this Law:
a) Order the abuser to vacate the house room she shares with the victim, when their presence is a threat to life, physical integrity or health of any member of the family;

B) Order the abuser to refrain from entering any place where the victim is, when in the judgment of the official this limitation is necessary to prevent that disturb, intimidate, threaten or otherwise interfere with the victim or with children, whose provisional custody has been awarded to him;
C) Prohibit the aggressor hide or transfer of residence to children and persons with disabilities in situations of helplessness the family group members, without prejudice to any criminal actions that may be applicable;
D) Obligation to go to a counseling and therapy in a public or private institution offering such services at the expense of the aggressor.
E) If necessary, the offender shall be ordered to pay the costs of counseling and legal, medical, psychological and psychological counseling required by the victim;
F) When violence or abuse magazine issue severity and repetition the competent authority shall order a special temporary protection of the victim by the police authorities, both at home and in the workplace if any;
G) order the police authority, upon request of the victim to accompany members for their return to places of residence when she has been forced out to protect their safety;
H) Decide provisionally visitation, guardianship and custody of the children if any, without prejudice to the competence in civil matters other authorities, who may ratify this measure or modify it;
I) suspend the aggressor's possession, carrying and use of weapons, if these are indispensable for the exercise of their profession or trade, the suspension must be justified;
J) provisionally Decide who will be responsible for alimony, without prejudice to the competition in civil matters other authorities who may ratify this measure or modify it;
K) Decide provisionally the use and enjoyment of the family home, without prejudice to the competence in civil matters other authorities who may ratify this measure or modify it;
L) Prohibit the aggressor carrying out any act of disposal or encumbrance of their property subject to registration, if he is community property or patrimonial force. To this effect, will officiate to the competent authorities. This measure will be enacted by Judicial Authority;
M) Order the abuser immediate return of personal belongings, identity documents and any other document or object property or custody of the victim;
N) Any other measures necessary for the fulfillment of the objectives of this law. PARAGRAPH 1.
. In the process of divorce or legal separation on grounds of abuse, the judge may order any of the protection measures enshrined in this article. PARAGRAPH 2.
. These same measures may be issued in provisional and immediately by the judicial authority dealing with crimes that originate from acts of domestic violence. PARAGRAPH 3.
. The competent authority shall forward all domestic violence cases to the Attorney General's Office for the purpose of investigating the crime of domestic violence and possible related crimes. Effective Notes

Legislation Previous


ARTICLE 6o. When the subject of the complaint made constituted for crime or violation, the officer shall transmit the proceedings advanced knowledge to the competent authority, without prejudice to the protection measures enshrined in this law. Effective Notes

Legislation Previous


ARTICLE 7. The failure of protective measures will result in the following penalties:
a) For the first time, a fine between two (2) to ten (10) monthly legal minimum wages in convertible arrest, which must be reported within five (5) days following its imposition. Conversion to arrest flat adopt an order which will only replacement resources at the rate of three (3) days for each minimum wage;
B) If the breach of protective measures repitiere within two (2) years, the penalty shall be arrested within thirty (30) and forty-five (45) days.
In the event of failure of protective measures imposed by violence or mistreatment thus constitute crime or violation, the offender will be revoked the benefits of release and criminal surrogates that person was enjoying. Effective Notes

Legislation Previous


Article 8. All behavior of retaliation, revenge or avoidance of food duties by the perpetrator, shall be deemed as breach of the protection measures that were imposed on it.
TITLE III.
PROCEDURE


Article 9. Carry information about acts of domestic violence to the competent authorities is the responsibility of the community, neighbors and due immediately identify the case.
The request for protective measure may be submitted personally by the victim, by any other person acting on their behalf, or by defender family when the victim is unable to do so I find in itself.
The request for a measure of protection may be made in writing, orally or by any suitable means to inform the competent official acts of domestic violence, and must be submitted no later than thirty (30) days after its occurrence. Effective Notes

Effective Jurisprudence

Legislation Previous


ARTICLE 10. The request for protective measures must state clearly the following information:
a) Name of the presents and identification, if possible;
B) Name of the person or persons victims of domestic violence;
C) Name and address of the offender;
D) Story of the allegations, and
e) Application of evidence it deems necessary.

ARTICLE 11. The Commissioner or the judge, as appropriate, and avocará receive the request immediately, and if being based on at least mild signs, may issue within four (4) hours of business, measures provisionally protection designed to prevent the continuation of acts of violence, aggression, abuse, threaten or offense against the victim, under penalty of becoming the aggressor creditor to the sanctions provided in this law for breach of protective measures.
Against the interim measure of protection no further recourse.
It may also request technical or scientific expert evidence, expert officers who surrender its assent to the procedures established by the Institute of Legal Medicine and Forensic Sciences. Effective Notes

Legislation Previous


ARTICLE 12. Once the petition, the Commissioner or the judge, as appropriate, shall summon the accused to appear at a hearing to be held among the five (5) and ten (10) days after the filing of the petition. At this hearing must attend the victim.
The notice of summons to the hearing shall be made in person or by notice posted at the entrance of the residence of the offender.
Parágrafo. If the victims are disabled in a defenseless situation it must be notified of the personality. The Representative or his delegate shall be present at hearings. Their absence does not preclude the embodiment thereof, but constitutes serious misconduct disciplinary. Effective Notes

Legislation Previous


ARTICLE 13. The offender may submit rebuttals before the hearing, and propose formulas victim reconciliation, and also request tests to be practiced during the hearing.

ARTICLE 14. Before the hearing and during the Comissioner or the judge, as appropriate, shall ensure, by all legal means at its disposal, solution formulas domestic conflict between the aggressor and the victim, ensure the unity and harmony of the family, and especially the aggressor amend its behavior. In all cases, it will favor the approach and direct dialogue between the parties to achieve agreement on peace and coexistence in family. In the same hearing it ordered and examine the evidence and requesting the parties which officially deems appropriate. Effective Notes

Legislation Previous


ARTICLE 15. If the perpetrator fails to appear at the hearing is deemed to accept the charges against him.
However, the parties may excuse the absence only once before the hearing or within it, provided that there is just cause. The official excuse evaluate and, if found appropriate, set a date to celebrate the new hearing within five (5) days. Effective Notes

Legislation Previous

Effective Jurisprudence


ARTICLE 16. The decision or judgment will be delivered at the end of the hearing and shall be notified to the parties in courtrooms. the effects of the notification shall be deemed assortments from its pronouncement. If any party is absent, the decision will be communicated by notice, telegram or any other suitable means.
Of performance shall be recorded in the minutes, a copy of which will be delivered to each of the parties.
Parágrafo. At all stages of the process, the Commissioner will be assisted by the interdisciplinary team of the institution. Effective Notes

Legislation Previous



ARTICLE 17. The officer issuing the protection order remain competitive for the implementation and enforcement of protective measures.
Sanctions for breach of protective measures be imposed at a hearing to be held within ten (10) days of your request, after the relevant tests and ears releases of the accused party has been effected.
However when the view of Commissioner be necessary to order the arrest after practice tests and ears releases, will ask the Family Court or Family Promiscuous, or failing that, the Municipal Civil or issuing Promiscuous the corresponding order, which will decide within 48 hours.
Providence to impose sanctions for breach of the protection order, provisional or definitive, shall be motivated and notified in person at the hearing or by notice. Effective Notes

Legislation Previous


ARTICLE 18. At any time, stakeholders, the Public Ministry, the Family Advocate, fully demonstrating that have overcome the circumstances that gave rise to the measures of protection filed, the official who issued the order may request the termination of the effects of the statements made and the termination of the measures ordered.
Against the final decision on a protective measure taken by the Commissioners Family or Civil Municipal Judges or Municipal Promiscuous, proceed in the devolution effect, the appeal before the Family Court or Family Promiscuous.
Shall apply to proceedings under this law the procedural rules contained in Decree No. 2591 of 1991, as its nature permits. Effective Notes

Legislation Previous


ARTICLE 19. The procedures established in this law do not replace or modify the actions envisaged in the Constitution and the law to guarantee fundamental rights, nor for the settlement of legal disputes within families.
TITLE IV.
ASSISTANCE FOR VICTIMS OF ABUSE

ARTICLE 20. Police authorities pay the victim of domestic abuse all the assistance necessary to prevent the recurrence of such acts, remediate physical and psychological consequences that may have been caused and prevent retaliation for such acts. In particular, they shall take the following measures:
a) Driving the victim immediately to the nearest medical center, but not WHATSOEVER visible injuries;
B) Accompany the victim to safety or to your home for the removal of personal belongings, if deemed necessary for the safety of that place;
C) Advise the victim in the preservation of evidence of acts of violence;
D) Provide you with relevant information on the rights of the victim and on government and private services available to victims of domestic abuse.
PARÁGRAFO. Police authorities will record the proceedings in a report, which copy shall be delivered to the person claiming to be the victim of abuse. The breach of this duty shall be grounds for misconduct punishable by dismissal.

ARTICLE 21. In the interim protection order is final and may request passage homes, shelters, nursing homes or similar institutions that exist in the municipality, receive them to the victim, according to the conditions that the stipulates establishment concerned.

V. TITLE OF CRIMES AGAINST THE HARMONY AND FAMILY UNITY

ARTICLE 22. DOMESTIC VIOLENCE. He who mistreat physical, psychological or sexually any member of your household, incur a prison term of one (1) to two (2) years. Editor's Notes

Effective Jurisprudence

ARTICLE 23. ABUSE
ESTABLISHING PERSONAL INJURY. Which by physical or psychological violence, cruel, or intimidating or degrading treatment, cause damage to the body or psychological health to a member of his family group, shall incur the penalty of deprivation of liberty provided for the respective crime, increased a third to one half.
PARÁGRAFO. For the purposes of this article, force or induce the consumption of psychotropic substances to another person or consume in the presence of minors, it is considered degrading treatment. Editor's Notes



ARTICLE 24. ABUSE BY PHYSICAL RESTRICTION TO FREEDOM. Which by force and without reasonable cause restricting freedom of movement to another adult person belonging to your household incur arrest of one (1) to six (6) months and a fine of one (1) to sixteen (16) minimum monthly wages as long as this act constitutes an offense punishable by a heavier penalty. Editor's Notes


ARTICLE 25 SEXUAL VIOLENCE SPOUSES. Effective Jurisprudence



Previous legislation
ARTICLE 26. There shall be no benefit of release or parole, when any of the offenses under this law violation of a protection order was committed.
In the judgment declaring a person responsible for offense committed against a family member shall be liable to the obligation to comply with re-education or retraining. Editor's Notes


ARTICLE 27. Penalties for offenses under Articles 276, 277, 279, 311 and 312 of the Penal Code, shall be increased by one third to half when the offender is a family member of the victim. Editor's Notes


TITLE VI.
PROTECTION POLICY FAMILY

ARTICLE 28. The Colombian Welfare Institute will design policies, plans and programs to prevent and eradicate domestic violence.
Similarly, departmental and municipal authorities may conform Family Protection Councils to further studies and prevention, education, care and treatment of the problems of domestic violence within their jurisdiction.

ARTICLE 29. The Colombian Institute of Family Welfare shall integrate a data bank on domestic violence, for which all the authorities responsible for receiving and processing complaints, semi-annually update the information needed for investigations that contribute to the prevention and eradication of domestic violence.

ARTICLE 30. The municipalities that have not complied with the provisions of Article 295 of the Juvenile Code, have one year, counted from the date of enactment of this law, to create and operate by at least one Family Commission that has the interdisciplinary team mentioned in Article 295, subsection 2, of the Juvenile Code. Effective Notes


PARÁGRAFO. From the effective date of this law Family Commissioners must be employees of Civil Service. Effective Notes

Effective Jurisprudence

Legislation Previous


ARTICLE 31. This law governs from its promulgation.
The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The Speaker of the House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota DC, 16 July 1996.

Ernesto Samper Pizano Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA
.
The Health Minister Maria Teresa Forero

SAADE


Related Laws