Repealed - By Which Standards Forfeiture Of Assets Established Illicitly Acquired

Original Language Title: DEROGADO - Por la cual se establecen las normas de extinción de dominio sobre los bienes adquiridos en forma ilícita

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ACT

(December 19)

Official Journal No. 42,945 of 23 December 1996

For which the rules of extinction of dominion over the goods acquired in illicit form are established

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

CHAPTER I.

DOMAIN EXTINCTION.

ARTICLE 1o. OF THE CONCEPT. 22 of Law 793 of 2002 > For the purposes of this Law, the loss of this right in favor of the State, without consideration or compensation of any kind to its owner, is understood to be the extinction of the domain.

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ARTICLE 2o. OF THE CAUSALS. 22 of Law 793 of 2002 > By judicial judgment the extinction of the right of dominion of the goods coming directly or indirectly from the exercise of the activities that later are established or that have been used as means or instruments necessary for the performance of the same. These activities are:

1. Illicit enrichment of public servants, private servants.

2. Prejudice to the Public Treasury arising from offences of peculance, unlawful interest in the conclusion of contracts, contracts concluded without legal requirements, illegal issuance of currency or effects or securities equated with currency; illicit exercise (a) a monopoly or a profit-making charge; theft on the basis of national security and defence purposes; offences against assets which fall on the assets of the State; misuse of inside information; use of matters subject to secrecy or reservation.

3. Serious deterioration of social morality. For the purposes of this rule, it is understood that they are facts that impair social morality, the crimes contemplated in the National Narcotics Statute and the rules that modify or add to it, testaferrato, the laundering of assets, the crimes against the social economic order, crimes against natural resources; manufacture and trafficking of weapons and ammunition for the private use of military forces, concussion, code, influence peddling, rebellion, sedition, kidnapping, kidnapping, extortion or extortion.

4. Events in which goods are used as a means or instruments of criminal activity or are destined for them, unless they are the object of seizure or seizure ordered within the criminal proceedings by means of a firm providence.

5. The extinction of the domain will also proceed when judicially has declared the ilicitude of the origin of the goods in the events consecrated in the incisos 2o. and 3o. of article 7, of this Law, and in the Code of Criminal Procedure.

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ARTICLE 3o. OF THE BIESAs. 22 of Law 793 of 2002 > For the purposes of this Law, any right or movable or immovable property shall be deemed to be capable of extinction of the domain, with the exception of of the personal rights

The extinction of the domain will also be declared on the product of the goods acquired in the circumstances of this Law, the derivatives of these, their fruits, their yields, and on the resources from the disposal or permuse of property unlawfully acquired or intended for criminal activities or considered as a product, effect, instrument or object of the illicit activity. When goods of illegal origin are mixed with property lawfully acquired, the extinction of the domain will proceed only to the amount of the illicit profit.

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ARTICLE 4. OF GOODS ACQUIRED BY ACT BETWEEN THE LIVING. 22 of Law 793 of 2002 > Dealing with goods transferred by act between the living, the extinction of the domain shall proceed when a trader has acquired them in the cases referred to in Article 2o and the acquirers have acted with dolo or serious fault with regard to the knowledge of the causals there.

In cases where fiducia has been constituted or a fiduciary commission has been established in respect of the goods in respect of which the extinction of the domain is intended, it shall be sufficient for its origin that any of the causes mentioned in Article 2o. is a predictor of the commissioning or constituent, without prejudice to the rights of the trustee to his remuneration and the rights of beneficiaries and third parties who have not acted with him or herself.

The provisions of this Law shall not affect the rights which, under civil law, are derived from the legal businesses validly concluded or those of their invalidity, nullity, resolution, termination and ineffectiveness for the parties and third parties, or those inherent in the payment of what is not due to the exercise of the liberal professions.

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ARTICLE 5o. OF THE GOODS ACQUIRED BY CAUSE OF DEATH. 22 of Law 793 of 2002 > The extinction of the right of dominion in respect of the goods subject to succession by cause of death, when those goods have been acquired by the causative any of the circumstances provided for in Article 2or this Law.

In the event of the partition being effected and the payment of the tax by the successful tenderer, as well as the occasional gain, if any, the State shall return them to be the result of the execution of the judgment.

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ARTICLE 6o. OF EQUIVALENT GOODS. 22 of Law 793 of 2002 > When it is not possible to locate, seize or apprehend other certain goods on which the extinction of the domain may be seen, at the time of the judgment the Judge may declare the domain over an equivalent value. The provisions of this Article could not be construed as prejudice to the rights of third parties in good faith.

PARAGRAFO. Before the judgment of the first instance, the Judge who is aware of the action of extinction of dominion may not be able to apprehend, occupy or order the practice of precautionary measures on equivalent goods.

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CHAPTER II.

OF THE EXTINCTION ACTION OF THE DOMAIN.

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ARTICLE 7o. OF THE NATURE OF THE ACTION. 22 of Law 793 of 2002 > Lto action of extinction of the domain that treats this Law is of a jurisdictional nature and of a real character, and will proceed against the real or presumed owner or the real beneficiaries of the goods, regardless of who has it in their possession or acquired it, {and without prejudice to the rights of bona fide third parties. In no case will the domain's extinction action be attempted independently, if there are ongoing criminal proceedings}.

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If the criminal action is extinguished or terminated without any decision on the goods, the procedure will continue the same official who knew of the criminal proceedings and the declaration of extinction of the domain of those goods will proceed. acquired in any of the circumstances under which this Law is dealt with.

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If the criminal proceedings are completed, new assets will appear, in any case the action of extinction of the domain will proceed to the same official who knew of the corresponding criminal action.

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ARTICLE 8o. OF LEGITIMIZATION. 22 of Law 793 of 2002 > The National Narcotics Directorate, the Comptroller General of the Republic and the Office of the Attorney General of the Nation, in accordance with its specialty, on its own initiative, at the request of any person, or of the entities or foreign authorities or international bodies shall exercise the extinction of the domain over the assets acquired in the circumstances under which this Law is dealt with. The Prosecutor General's Office will start it on its own initiative.

PARAGRAFO. In accordance with mutual collaboration agreements and treaties, foreign entities or authorities or international bodies empowered to do so may request that the extinction of the domain concerned be initiated. Law.

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ARTICLE 9o. OF THE PRESCRIPTION.

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ARTICLE 10. OF AUTONOMY. 22 of Law 793 of 2002 > The action of extinction of the domain is distinct and independent of the criminal responsibility and complementary of the criminal actions.

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The declaration of extinction of the domain will be the responsibility of the competent judges to know of the criminal proceedings. Consequently, the legitimate state entities, in cases where the property has its origin in a criminal activity, will promote the action enshrined in this Law when the criminal action ends for any cause and has not been declared in is the extinction of the domain over the goods considered as a product, effect, instrument or object of the offence or has been declared only on one party. For other reasons, such State entities must establish the action with absolute independence from criminal action.

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The providence that declares the illitude of the acquisition of the domain of the goods in a criminal process and the conviction that so establishes it constitutes proof of the illegal origin of the goods.

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CHAPTER III.

DUE PROCESS AND THIRD PARTY RIGHTS.

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ARTICLE 11. the process of the exercise and the process of the extinction of the domain will guarantee the due process, the right of defense, and the fullness of its own forms.

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ARTICLE 12. OF THE PROTECTION OF DERACTS. 22 of Law 793 of 2002 > During the procedure, the rights of persons and third parties shall be guaranteed and protected, for the purpose of which the extinction of the domain may not be declared:

1. To the detriment of the rights of holders legitimate and third parties in good faith.

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2. If the circumstances referred to in the law are not proven.

3. If due process and right of defence have not been guaranteed.

4. In all cases the principle of the res judicata will be respected.

PARAGRAFO. The rightholders or holders of the goods subject to the action of extinction of the domain, as well as the third parties, may be able to appear in the proceedings within the procedural opportunities provided for in this Law for the exercise of their rights. right of defence. In any case, those who do not appear are represented by a curator ad litem, without prejudice to the fact that, in the event of not appearing during the procedure for reasons not attributable to their fault or dolo, can at any time before failure institute legal actions and resources that they consider relevant to the defense of their rights.

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ARTICLE 13. OF THE VICTIMS. 22 of Law 793 of 2002 > Every person and his or her persons liable to whom they have been harmed by the holder of the goods whose domain has been extinguished under this Law shall have preferential right to the integral repair provided that it has been recognized by the executing judicial judgment.

If the assets have entered the State's assets, the State's assets will reimburse the victims the amount of the compensation up to the value of those, for which they will make a request in this respect accompanied by an authenticated copy of the executed sentence in which the right and rate of the damage and the sentence that declared the extinction of the domain is recognized, being applicable in this event the provisions of article 177 of the Administrative Code.

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In any event, the State shall subrogate itself in the rights recognized by the judicial judgment to whom it receives a payment, as provided in the preceding paragraph, for the amount of the amount paid, and shall pursue the assets of the person liable to compensate for the damage to which the relevant court judgment relates, with the same rights as the beneficiary in that provision.

CHAPTER IV.

OF THE PROCEDURE AND COMPETITION.

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ARTICLE 14. OF THE COMPETITION. 22 of Law 793 of 2002 > Corresponding to the competent officials to know of the criminal proceedings the declaration of extinction of the domain when the acquisition of the goods is originated in any of the the circumstances in which this Law is dealt with, or in the case of goods linked to or intended for criminal activities, without prejudice to the fact that the action of extinction of the domain is initiated by the State entities that have been legitimized subsequently the termination of the criminal action, when the latter ends for any cause and the extinction of the domain or be declared only on a part of these.

34 of Law 504 of 1999. The new text is as follows: > Grant of the extinction of the domain the Chief Prosecutors to the Criminal Judges of the Specialized Circuit and the supervisor of these in the criminal matters of their jurisdiction and, in other cases, the Prosecutor assigned to the Specialized Unit, or the one determined by the Attorney General of the Nation, as well as the Criminal Judges of the Specialized Circuit or the Criminal Judge of the Circuit who is aware of the action.

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ARTICLE 15. OF THE PROCEDURE. 22 of Law 793 of 2002 > The processing of the extinction of the domain in the criminal proceedings will be taken in separate notebook and will be advanced according to the following rules:

(a) The prosecutor who is required to know of the action of extinction of the domain, either ex officio or by application, shall order his initiation by means of an interlocutory injunction in the effect that is indicative of the facts in which it is founded, goods and evidence or evidence, shall prevent the suspension of the device power and shall decrease the immediate apprehension and occupation and the relevant preventive measures, if they have not been adopted in criminal proceedings;

b) In the same providence, order the notification of the Agent of the Public Ministry and the other persons affected whose address is known, which shall be followed according to the general rules, and shall have the placement of the respective persons, the current holders of the main or ancillary real law appearing on the relevant registration certificate, of the third parties and persons who are indeterminate with an interest in the cause to make them appear to assert their rights, who shall take the action in the state in which you are at the moment of your appearance. The site shall be issued by edict which shall remain fixed at the Registry for the term of twenty (20) days and shall be published and disclosed for once within a period of time in a newspaper of broad national circulation and in a broadcaster of the location. If these formalities are completed, if the site is not present within five (5) days after the expiration of the end of the edict, the action with an ad-litem curator will continue.

(c) Within ten (10) days following the expiration of the term of appearance, the evidence must be provided by the evidence or by the application of the evidence in which the opposition is founded. In this same term, the agent of the Public Ministry will request the practice of tests;

(d) After the previous term, the relevant and relevant evidence shall be decreed and the evidence officially considered by the official, who shall fix the term for his practice which shall be twenty (20) days, extendable for an equal term of only one time;

e) Concluded the probative term, it will be taken forward by secret for the common term of eight (8) days for the interveners to claim of conclusion and to the agent of the Public Ministry for their concept.

f) After the previous term, when the procedure has been known by the Prosecutor's Office, it will dictate a providence according to the alleged and proven, in which it concludes with respect to the origin or the origin of the extinction of the domain. If it concludes on the origin of the declaration of extinction of the domain, it shall immediately send the file to the Regional Judge in the matters of its jurisdiction or to the Criminal Judge of the Circuit in other cases, who will dictate the respective judgment The Court of Justice said that during the procedure that the Office of the Prosecutor General's Office had been in place, the due process, the fullness of the forms, and the protection of rights were respected.

g) Against the statement that decrees the extinction of the domain, the appeal according to the general rules is appropriate. The holding of this declaration shall be submitted to the level of consultation.

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ARTICLE 16. PROTECTION OF DERACTS. 22 of Law 793 of 2002 > The competent officials to know of the criminal actions and the action of extinction of the domain, will guarantee due process, the right of defense, the fullness of the forms and observe the provisions of Articles 4or, 11 and 12 of this Law on the protection of rights.

In any case, the extinction of the domain provided for in this Law does not preclude the application of the confiscation, confiscation, seizure, apprehension, occupation and other measures enshrined in the legal system in the field of property.

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CHAPTER V.

OF THE PROCEDURE.

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ARTICLE 17. OF THE PROCEDURE. 22 of Law 793 of 2002 > The procedure of the action of extinction of the domain, shall be subject to the special provisions contained in this Law.

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ARTICLE 18. OF THE DEMAND. 22 of Law 793 of 2002 > Demand shall contain the following requirements:

(a) Names and surnames, identification and domicile of the alleged owner, the real and third parties with interest in the case, as the case may be;

(b) The identification of the good or property, estimate of its value or of the equivalent goods or values,

c) The test request, accompanying the ones you have in your power, and

d) The address of the place to receive notifications.

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ARTICLE 19. OF THE PREVENTIVE MEASURES. 22 of Law 793 of 2002 > From the filing of the claim and in any state of the process, the plaintiff may ask for the practice of precautionary measures of the goods on which he intends the extinction of the domain, for which the rules contained in Book IV, Title XXXV, of the Code of Civil Procedure will be observed.

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ARTICLE 20. OF THE PERENTORAGE OF THE TERMS. 22 of Law 793 of 2002 > The failure to observe the terms and opportunities outlined in this Law constitutes a causal of misconduct punishable by removal from office to be imposed by the authority competent.

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ARTICLE 21. OF THE STATEMENT. 22 of Law 793 of 2002 > If the judgment declares the extinction of the domain, it will order the cancellation of the limitations, dismemberment, liens, liens and immobilizations and inscriptions that fall on the goods and their registration in the competent register at no cost to the State.

When the goods under fire are taxed with a garment, mortgage or fall on these other real property other than the domain or precautionary measure of seizure or sequestration decreed by competent authority and duly registered as a date prior to the decree of a preventive measure or suspension of the device within the process of extinction, the judgment shall take a decision in respect of the effectiveness or ineffectiveness, lawfulness or ilicitude of the titles and rights of the conformity with the civil provisions and laid down in this Law.

If the judgment declares the ilicitude or ineffectiveness of the titles and rights in question the previous paragraph, it will also decrease its extinction and its registration in the competent registry at no cost to the State.

Otherwise, the sale in public auction will be decreed according to the rules of the Code of Civil Procedure and with its product will be paid the corresponding accrecias. The remnants shall correspond to the State in the terms of this Law.

The rights holders referred to in this rule shall be brought to the proceedings in accordance with the provisions of Article 15 of this Law. Those who have the legitimacy to participate in the process may challenge the effectiveness and legality of the titles and rights referred to by this Precepto.

PARAGRAFO. Also the extinction of the domain on equivalent goods shall be carried out, in the event that the State has to recognize to a third party the right that has been proven in the process, in respect of which limitation, lien or dismemberment, embargo, registration of demand, immobilization and registration on the goods of the process.

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ARTICLE 22. OF THE DELIVERY. 22 of Law 793 of 2002 > If the sentence declares the extinction of the domain of the goods and these are not in the power of the State, will order its final delivery to the one who corresponds and, executed, will commission for the diligence that shall be practiced preferably by the commissioner within ten (10) days following the respective providence.

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ARTICLE 23. THE PURSUIT OF PROPERTY. 22 of Law 793 of 2002 > The State may pursue assets of which the person against whom the term of extinction of the domain or its successors in good faith is not in good faith is a real beneficiary or beneficiary. to the concurrency of the value through which the extinction was decreed.

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CHAPTER VI.

OF THE DEVICE POWER SUSPENSION.

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ARTICLE 24. OF THE DEVICE ' S SUSPENSION OF POWER. 22 of Law 793 of 2002 > From the providence that orders the process of extinction, the domain of the goods from illicit activities cannot be acquired or transferred, nor shall it be constituted as a right any, no act, contract or legal business in respect of such, without prejudice to the rights of third parties in good faith.

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CHAPTER VII.

OF THE FUND FOR REHABILITATION, SOCIAL INVESTMENT

AND THE FIGHT AGAINST ORGANIZED CRIME.

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ARTICLE 25. THE CREATION OF THE FUND FOR REHABILITATION, SOCIAL INVESTMENT AND THE FIGHT AGAINST ORGANIZED CRIME. 22 of Law 793 of 2002 > Create the Fund for Rehabilitation, Social Investment and the Fight Against Organized Crime, which will function as a special account without legal status administered by the National Narcotics Directorate, in accordance with the policies outlined by the National Narcotics Council.

The assets that are the object of extinction of the domain, without any exceptions of nature made the deductions referred to in article 21 of this Law, as the case may be, will be part of the resources of this Background.

PARAGRAFO 1o. During the development of the process, the National Narcotics Directorate may provisionally allocate the goods on which a precautionary measure is in force, to the official entities or to the legally recognised common profit institutions. The conservation costs shall be borne by the target entity. The National Narcotics Directorate shall take the necessary measures to ensure that the goods subject to provisional destination continue to be productive and generating employment, for which it may use the lease or the property in case the operation generates utilities. These resources will have to be used for the financing of the social programmes in which this Law is treated with preference in the territorial area in which they are located.

Preferentially in the treatment of rural property with a rural vocation, once its extinction has been decreed, it will immediately pass to the Colombian Institute of Agrarian Reform, Incora, to be applied for the purposes set out in the Law. 160 of 1994.

Vigency Notes

PARAGRAFO 2o. From the providence that orders the process of extinction of the domain, the National Directorate of Narcotic Drugs, will be able to dispose of the consumables or that threaten deterioration, with respect to the other goods, if (a) it may be necessary for the consideration of its administration and custody, it may conclude administration contracts with public or private entities subject to state surveillance.

In the event where the goods have been disposed of and their return is ordered by a duly executed court judgment, the Fund shall recognize the sale price with an update of its value, without prejudice to the enshrined in law.

Vigency Notes

PARAGRAFO 3o. Within the six (6) months following the enactment of this Law, the National Government will proceed to restructure the National Narcotics Directorate for the performance of the functions assign.

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ARTICLE 26. OF THE DISPOSITION AND DESTINATION OF THE GOODS. 22 of Law 793 of 2002 > <Other CONDITIONAL CONDITION > The assets and resources upon which the domain is declared to be extinguished, without exception, shall be entered into the Fund for the Rehabilitation, Social Investment and the Fight Against Organized Crime and will be assigned by the National Narcotic Council, in accordance with the regulations, to:

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a) Financing programs and projects in the Area of Education, Recreation and Sport.

Likewise programs that prevent drug use, such as those that tend to the rehabilitation and promotion of the culture of legality;

b) Financing alternative development programs for the eradication of illicit crops;

c) Financing programs to prevent, combat, and eradicate administrative corruption in any of its manifestations;

d) Financing programs for agrarian reform and housing of social interest for those displaced by violence and those involved in programs for the eradication of illicit crops;

e) Refunding in the hypothesis that this Law deals with the damage caused to the right holders and third parties in good faith. To this end, it shall finance the hiring of insurance to cover the risks of sudden and violent terrorist acts and the harm that the civilian population may incur for those same acts, when they are not covered by the National Government by means of insurance policies. Also to ensure by the procurement of policies issued by insurance companies, the protection of the goods on which a precautionary measure is in force or those that are the object of the extinction of the domain;

f) Financing programs that run the associated sport, in order to promote, mass and disseminate the sports practice. It will also support community-based recreational, training and social programmes.

g) Financing investment in technical and technological preparation, in logistic support, procurement of equipment and new technology, and, in general, in the strengthening of the State's actions in its fight against the crime of drug trafficking. Cultural and historical goods shall be assigned to the relevant State entities for the purposes set out in the legislation on the subject;

h) Financing rehabilitation, education, training and micro-enterprise programs for the prison population;

i) Financing relocation programs within the Agricultural Border, to settlers settled in the Amazon and the Colombian Orinoquia;

j) Financing all aspects relating to the performance of the functions of the National Criminal Policy Council;

k) To fund child nutrition programs, of low strata, through the Colombian Family Welfare Institute;

l) To fund in part the administration of justice through the Superior Council of the Judiciary;

m) Financing the programs of women heads of household, indigent minors and senior citizens;

n) To finance the Public Library Program for Santa Fe de Bogota;

or) To fund the allocation of resources to the Judicial Branch and Public Ministry's Security Fund;

p) Financing sustainable human development programs in fragile ecosystem regions in which illicit crops have been grown;

q) The goods and resources within the jurisdiction of the Archipelago Department of San Andrés, Providencia and Santa Catalina, and whose extinction of dominion has been decreed, in accordance with this Law, shall be assigned by the Council National of Narcotic Drugs to the Institute of Land of the Archipelago, for the fulfillment of its purposes, enshrined in the corresponding legislation;

the National Narcotics Council will assign the goods to housing programs of social interest, agrarian reform, public works or to finance education programs in the Archipelago. and promote their culture;

r) Financing programs for the population of the physical, mental and sensory disabled;

s) Financing Pensioners 'and Pensioners' Recreation And Culture Programs;

t) Implementation of housing programs of social interest;

u) Financing programs to eradicate poverty in the country.

PARAGRAFO. The lands that are suitable for production and that enter into the Fund that is created in this Law, will be awarded to Ios peasants and indigenous people who meet the established requirements. The award shall be made in accordance with the provisions of Law 160 of 1994. Those displaced by violence and those involved in illicit crop eradication programs will have priority for the award.

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ARTICLE 27. OF THE SPECIALIZED AND PREFERENTIAL EXERCISE. 22 of Law 793 of 2002 > Without prejudice to the jurisdiction of the prosecutors before the Regional Justice, of which the Attorney General of the Nation and the Criminal Judges of the Circuit, the Prosecutor General General of the Nation will make up, for reorganization of its personnel plant, a specialized unit to investigate goods of illegal origin, to advance the extinction of the domain in the penal actions and to integrate a registry and control of the processes in which the domain's extinction is initiated and declared.

Preliminary investigations to investigate illicit goods from the specialized unit will have a period of up to six (6) months; they will be observed in the article 2or.

The officials responsible for knowing about the extinction of the domain will exercise it preferably, dealing with the criminal activities of criminal organizations, organized crime, and administrative corruption. crimes covered by the National Narcotics Statute, the Constitutional Regime, the Public Administration, the Administration of Justice, Public Security, kidnapping, extortion, extortion, money laundering, They are also the ones who are the ones who are predicable on the subversion.

The state entities legitimized to initiate the action and the officials responsible for knowing the action of extinction of the domain, will inform the Specialized Unit of the Prosecutor General's Office of the initiation of the process within of the two (2) working days following their initiation, with the indication of the parties, goods and persons or persons against whom it is promoted, as well as of the judgment delivered.

The duty of initiation of the process of extinction of the domain is without prejudice to the obligations of information that correspond to the legitimized state entities, of their functions of inspection, surveillance and control, as well as of the specific powers and powers deriving from them.

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ARTICLE 28. OF THE RECKLESS EXERCISE OF ACTION. 22 of Law 793 of 2002 > In events where the application filed by the state entity is either reckless or motivated by the dolo or grave fault of the official who brought it there shall be compensation for damages caused to the defendant, without prejudice to the criminal and administrative actions to be taken.  

PARAGRAFO. Whoever makes a false complaint in the cases of this Law will incur the respective criminal penalty, increased by up to a third. The same increase will be applied to the sanction to be made by the Prosecutor or the judicial officer who incurs in prevaricate, due to undue application.

In any case, no investigation may be opened or initiated against natural or legal persons based on anonymous or illegally obtained evidence.

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ARTICLE 29. OF THE APPLICATION. 22 of Law 793 of 2002 > This Law will apply in all cases where the facts or activities referred to in the article second have occurred in whole or in part in Colombia, or when the goods are are located in the national territory.  

With respect to those goods located abroad whose owners or actual beneficiaries are Colombians or when the facts have been initiated or consummated in the Republic of Colombia, it will apply subject to the treaties and conventions. international.

The provisions of this Law will not be applicable in respect of taxes and taxes, nor for the other forms of extinction of the domain contemplated in the agrarian, mining and environmental legislation, that will be regulated by the laws on the

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ARTICLE 30. OF THE INTEGRATION. 22 of Law 793 of 2002 > In the aspects not covered by this Law, the provisions of the Code of Criminal Procedure, of Civil Procedure and Administrative Contentious, in which they are compatible with the nature of the process, will be applied and the actions to be carried out on the same.

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ARTICLE 31. AUTHORIZATION.

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ARTICLE 32. PROTECTION OF FAMILY HOUSING.

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ARTICLE 33. OF THE VALIDITY. 22 of Law 793 of 2002 > This Law governs from the date of its promulgation.

However, the extinction of the domain will be declared, whatever the time of the acquisition or illicit destination of the goods or rights, even in the case of existing legal situations prior to the validity of this Law, style="text-decoration: line-through; ">provided that such acquisition or illicit destination of the goods or rights has been made after the existence of the crimes that result in this measure of extinction, thus the has amended or amended the legal name, without prejudice to the term of prescription of what is dealt with by article 9or. of this Act.

In any case, it will be understood that the illicit acquisition of the goods does not constitute a fair title, causes a serious deterioration of the social morality and is conduct with permanent effects.

Vigency Notes

The President of the Honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

the Secretary General Of The Honourable Senate Of The Republic,

PEDRO PUMAREJO VEGA.

The President Of The Honorable House Of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI.

The Secretary Of The Honorable House Of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government

Publish and execute.

Given at Santafe in Bogota, D.C., on December 19, 1996.

ERNESTO SAMPER PIZANO.

The Minister of Justice and Law,

CARLOS EDUARDO MEDELLIN BECERRA

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