Key Benefits:
Law
(August 12)
Official Journal No. 42,855 of 14 August 1996
By which the National Family Protection Register is created and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. CREATION. Create the National Family Protection Register.
ARTICLE 2o. DEFINITION. It is understood by the National Register of Family Protection the list in which the names with their respective documents of identity and place of residence will be included if they are known to whom without fair cause they will be subtracted from the provision of the food due to the law for their children and the elderly who, due to special circumstances, merit it, such as the one who advances studies or is physically or mentally incapacitated.
The same procedure will apply to the one that subtracted from giving food to the headlines provided by article 411 of the Civil Code.
ARTICLE 3o. REGISTRATION RESPONSIBILITY. The Administrative Department of Security, DAS, will implement and keep up to date the Register referred to in Article 1or. of this Law.
ARTICLE 4. CONFIGURATION OF THE REGISTRY. The judges of the Republic of the entire National Territory, according to their jurisdiction shall inform the DAS, in the terms of the article 2or. of this Law, the identity of those who are being sued, have been taken without fair cause to the fulfillment of the food obligation decreed by order to order provisional food or as executed when the order of payment is free in such processes.
Local prosecutors who are aware of ongoing processes, for the alleged crime of food inassistance, will refer to the DAS the names with their respective identification of those persons against whom there is a measure of assurance or resolution indicatoria.
In the same way, they will notify the DAS, within five (5) days, of the cancellation, revocation or lifting of the measure.
ARTICLE 5o. The trades coming from the judicial offices that are dealt with in article 4or. of this Law, will be based in chronological form according to the date of receipt in the corresponding office of the DAS. The data transcribed, will be included in the Register immediately.
ARTICLE 6o. EFFECTS OF REGISTRATION. When taking office as a public servant in all State entities or to work for the service of any person or entity of a private character, it will be indispensable to declare under the seriousness of the oath, not be aware of pending processes of a food nature or fulfil their family obligations.
PARAGRAFO 1o. The nominator in the case of the public servants, or the employer in the case of the particular workers, shall forward within the first five (5) days of each month to the DAS, the data of the possesionates or linked to the submission of the relevant constancy.
PARAGRAFO 2o. To those who declare to have outstanding obligations of a food character, they can be postponed or linked if they have the written authorization for the discounts to be cancelled. those obligations.
PARAGRAFO 3o. The declaration that you are dealing with this article will be made to Notary or competent authority.
ARTICLE 7o. SANTIONS. Failure to comply with the obligations under this Law will result in the following penalties:
For public servants it will be a serious fault, when you breach your obligation for the first time. The recidivism will constitute a serious lack, sanctions that will proceed in accordance with Law 200.
For private employers, they will be fined between 2 to 20 minimum monthly salaries, imposed by the official appointed by the DAS, in accordance with article 9or. of this Law, by means of a reasoned decision. The recidivism will result in a fine of 20 to 40 minimum monthly salaries.
PARAGRAFO. The fines dealt with in this article will be used for the promotion and development of ICBF programmes.
ARTICLE 9o. The Administrative Department of Security, DAS, will have a term of six (6) months, counted from the validity of this Law, to put into operation the National Register of Family Protection.
ARTICLE 10. BUDGET APPROPRIATIONS. Annually, in the draft budget, the National Government will present for the approval of the Congress the budgetary appropriations to take place, in order to guarantee the effectiveness of this Law.
ARTICLE 11. This Law governs from the date of its sanction and repeals all provisions that are contrary to it.
TRANSIENT ARTICLE. Once operational by the DAS, the National Family Protection Registry, judges and prosecutors from all over the country will have a ten (10) day term from the communication on the initiation of the system to send the information of all the cases they have in their office concerning the provisions of this Law.
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,
DIEGO VIVAS TAFUR.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Santa Fe de Bogota, D.C., 12 August 1996.
ERNESTO SAMPER PIZANO
The Minister of Justice and Law,
CARLOS EDUARDO MEDELLIN BECERRA.
The Minister of Health,
MARIA TERESA FORERO DE SAADE
