ACT

(August 5)

Official Journal No. 42,852 of 9 August 1996

By which article 367 of the Penal Code is partially amended and is typified by criminal conduct of the Ilegal Urbanizer.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Modify Article 367 of the Penal Code, which will be as follows:

" Article 367. INVASION OF LAND OR BUILDINGS. In order to obtain for himself or for a third party illegal profit, invented land or other buildings, he will be in prison of two (2) to five (5) years and a fine of fifty (50) to two hundred (200) monthly minimum legal salaries in force. The penalty set out in the previous paragraph will be increased by half for the promoter, organizer or director of the invasion.

The same increase in the penalty will be applied when the invasion occurs on land located in rural areas.

PARAGRAFO. The penalties noted in the preceding incites will be reduced to two-thirds, when before the judgment of the first instance, the acts of invasion cease and the total eviction occurs of the land and buildings that have been invaded.

ARTICLE 2o. Addition Chapter VII of Title XIV of the Penal Code with the following article, which will be inserted after article 367 of the aforementioned work.

"Article 367A. OF THE ILLEGAL URBANIZER. The one who develops, promotes, sponsors, induces, finances, facilitates, tolerates, collaborates or permits division, parcelation, urbanization of buildings, or its construction without the full of the requirements of law, will incur by this only fact in Three (3) to seven (7) years imprisonment and a fine of two hundred (200) to four hundred (400) legal minimum wages in force.

The penalty mentioned above will be increased by half when the land, urbanization or construction of houses are carried out in land or areas of environmental and ecological preservation, reserve for the construction of public works, in areas of environmental pollution, high risk areas or in rural areas.

PARAGRAFO. The public server or official worker within the territory of its jurisdiction and because of its jurisdiction, with its action or omission, shall give rise to the execution of the facts referred to in paragraph 1. of this article, it will incur interdiction of rights and public functions of three (3) to five (5) years, without prejudice to other criminal sanctions to which it has been carried out by the development of its conduct.

ARTICLE 3o. This Law governs from its publication and repeals all 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.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D.C., at 5 August 1996.

ERNESTO SAMPER PIZANO

The Minister of Justice and Law,

CARLOS EDUARDO MEDELLIN BECERRA.

The Minister of Economic Development,

RODRIGO MARIN BERNAL.