Repealed - By Which Standards Forfeiture Of Assets Established Illicitly Acquired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

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.
ACT 333 OF 1996
(December 19)
Official Gazette No. 42945 of December 23, 1996

By which standards forfeiture of property acquired illegally
Summary Effective Notes are set

THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.

EXTINCTION OF DOMAIN.
ARTICLE 1o. CONCEPT. For the purposes of this Act, it means the loss termination of ownership of this right in favor of the state, without consideration or compensation of any nature for its owner. Effective Jurisprudence

Article 2.
. THE GROUNDS. By judgment extinction of ownership rights of the goods directly or indirectly from the exercise of the activities below are established or have been used as means or instruments necessary for the realization thereof be declared. These activities are:
1. illicit enrichment of public officials, private individuals.
2. Treasury prejudice coming from the crimes of embezzlement, illicit interest in the conclusion of contracts, contracts without legal, illegal or issuing currency effects or equated currency values; unlawful exercise of monopolistic activities or revenue measures; theft of goods intended effects and national security and defense; crimes against property that fall on state property; misuse of inside information; use of matters subject to secrecy or confidentiality.
3. Serious deterioration of social morality. For the purposes of this standard, it is understood that they are facts that impair social morals offenses under the National Narcotics Statute and the rules that modify or add, front men, money laundering, crimes against the social economic order , crimes against natural resources; manufacture and trafficking of arms and ammunition for the exclusive use of military forces, extortion, bribery, influence peddling, rebellion, sedition, riot or from the abduction, kidnapping or extortion.
4. Events in which goods as a means or instrumentalities of criminal activities are used or intended for them, unless they are subject to confiscation or seizure in criminal proceedings by judicial decision.
5. It shall also terminate ownership when judicially is declared the illegality of the origin of goods in the events set forth in paragraphs 2o. and 3o. of Article 7., of this Act, and the Code of Criminal Procedure. Effective Jurisprudence


ARTICLE 3. OF PROPERTY. For the purposes of this Act shall mean goods subject to termination of ownership any rights or real or personal property, other than personal rights.
The extinction of ownership also be declared on the proceeds of assets acquired in the circumstances of this Law, derivatives thereof fruit, yields, and the proceeds from the sale or exchange of property acquired illicitly or intended for criminal or considered as a product, effect, instrument or object of illicit activities. When ill-gotten assets acquired mixed with goods lawfully terminate ownership shall only up to the amount of illegal profit. Effective Jurisprudence


ARTICLE 4. Of assets acquired inter vivos. It case of property transferred by inter vivos, shall terminate ownership when a transferor has acquired in the cases referred to in the 2nd article and acquirers have acted with malice or gross negligence regarding knowledge of the grounds referred to therein.
Where it is constituted trust or fiduciary assignment on goods for which the intended termination of ownership will be sufficient to its source any of the grounds mentioned in article 2. is predicable of the requesting party or constituent, without prejudice to the rights of the trustee his remuneration and the rights of beneficiaries and third parties who have not acted with malice or gross negligence.
The provisions of this Act shall not affect rights under civil laws arising from the legal transactions validly concluded nor of their disability, invalidity, resolution, termination and inefficiency for the parties and third parties or inherent to not because the payment or the exercise of the professions. Effective Jurisprudence



The 5th ITEM. ACQUIRED BY THE REAL CAUSE OF DEATH. It shall extinction of ownership rights with respect to property subject to succession because of death, when those goods were acquired by the deceased in any of the circumstances set forth in article 2 of this Law.
In the event the partition have been made and the tax payment made by the contractor, as well as occasional earnings, if any, the State must return to it from the execution of the judgment. Effective Jurisprudence


ARTICLE 6o. OF GOODS EQUIVALENT. When not reasonably practicable to locate, seize or grasp certain other assets on which see the extinction of ownership at the time of the sentence the judge may declare extinguished the dominion over an equivalent value. The provisions of this Article shall not be interpreted to prejudice the rights of bona fide third parties.
PARÁGRAFO. Before the judgment of first instance, can not the judge is hearing the domain extinction action to apprehend, take or order the precautionary measures equivalent goods. Effective Jurisprudence


CHAPTER II.
ACTION OF EXTINCTION OF DOMAIN.

ARTICLE 7. NATURE OF THE ACTION. The action of extinction of ownership that is this is judicial in nature and actual character, and proceed against the actual holder or alleged or actual recipients of goods, regardless of who is in possession or has acquired, {Law and without prejudice to the rights of bona fide third parties. In no case may try domain extinction action independently, if there are criminal proceedings ongoing}. Effective Jurisprudence


If criminal action is extinguished or terminated without having been proffered decision on the property will continue the proceedings before the same official who knew of the criminal proceedings and proceed declaration termination of ownership of property acquired in any circumstances of this Law. Jurisprudence Effective


If the criminal proceedings ended aparecieren new goods, in any case shall the action of extinction of ownership to the same official who knew of the corresponding criminal action. Effective Jurisprudence


Article 8. OF LEGITIMATE. The National Narcotics Office, the Comptroller General of the Republic and the Attorney General's Office, according to their specialty, ex officio, at the request of any person or entity or foreign authorities or international organizations exert action termination of ownership of property acquired in circumstances covered by this Act. the Attorney General's office the start of trade.
PARÁGRAFO. In accordance with the treaties and agreements of mutual cooperation entities or foreign authorities or international organizations authorized to do so, may request that the action of asset forfeiture that the present Law starts.

Effective Decisions
Article 9. PRESCRIPTION. Effective Jurisprudence

Legislation Previous

ARTICLE 10.
AUTONOMY. The action of extinction of ownership is distinct and independent from the criminal and complementary responsibility for criminal proceedings. Effective Jurisprudence


The declaration of termination of ownership for the competent judges to hear criminal proceedings. Consequently, state entities entitled, in cases where the goods originate in a criminal activity, promote enshrined in this Act action when the criminal proceedings terminated for any reason and has not been declared in this extinction of dominion over goods considered as a product, effect, instrument or object of the offense or any declared only on a part. For other causes, such government agencies must establish action completely independent of the criminal proceedings. Effective Jurisprudence


Providence declare the illegality of the acquisition of ownership of property in criminal proceedings and conviction that so requires is proof of unlawful origin of the goods. Effective Jurisprudence


CHAPTER III.
DUE PROCESS AND THIRD PARTY RIGHTS.

ARTICLE 11 OF DUE PROCESS. In the exercise and processing of the action of extinction of ownership due process, the right of defense and the fullness of their own forms thereof will be guaranteed. Effective Jurisprudence



ARTICLE 12. PROTECTION OF RIGHTS. During the procedure will ensure and protect the rights of individuals and third parties, for which purpose it can only declare domain extinction:
1. To the detriment of the rights of the legitimate owners and bona fide third parties. Effective Jurisprudence


2. If they be not proven the circumstances specified in the law.
3. If the due process and the right of defense has not been secured.
4. In all cases the principle of res judicata be respected.
PARÁGRAFO. Rights holders or holders of the goods subject to the action of extinction of ownership as well as others, may appear to process within the procedural opportunities in this Act to exercise their right of defense. In any case, those who fail to appear are represented by a guardian ad litem, notwithstanding that, in the event of failure to appear during the proceedings for reasons not attributable to the fault or fraud reasons, may at any time before failure filed writs and legal resources they deem appropriate to defend their rights. Effective Jurisprudence


ARTICLE 13 OF VICTIMS. Everyone and their successors who are forced any damage caused to them by the owner of the goods whose domain has been terminated in accordance with this Act, shall have preferential right to full compensation provided that it has been recognized by judicial judgment.
If the goods have entered the patrimony of the State, shall reimburse victims the amount of compensation to concurrence of the value of those for which shall make any such request accompanied by a certified copy of the final judgment in which he recognizes the right and the damage rate and judgment declaring the termination of ownership, being applicable in the event the provisions of Article 177 of the Administrative Code. Effective Jurisprudence


In any case, the State is subrogated to the rights that recognize the court judgment who receives a payment, as provided in the preceding paragraph, the amount of the amount paid, and will pursue the heritage of the person required to compensate damage to the corresponding court decision relates, with the same rights granted to the beneficiary in that order.
CHAPTER IV.
THE PROCEDURE AND COMPETITION.

ARTICLE 14 OF COMPETITION. It is up to the officials competent to hear criminal proceedings the declaration of termination of ownership when purchasing goods originating in any of the circumstances of this Law, or in the case of assets linked to criminal activities or for the thereof, without prejudice to the action of asset forfeiture is initiated by state entities legitimated after the completion of the criminal proceedings, when it ends for any reason and not the extinction of ownership is declared or be declared only on a portion of these.
They granted the termination of ownership Prosecutors Delegates to the Criminal Court Specialized Circuit and the supervisor of these in criminal matters within its jurisdiction and, in other cases, the prosecutor assigned to the Specialized Unit, or determined by the Attorney General of the Nation and the Specialized Circuit Criminal Courts or Circuit Criminal court that is hearing the performance. Effective Notes

Effective Jurisprudence



Previous legislation
ARTICLE 15. PROCESSING. The procedure for termination of ownership in criminal proceedings will be dispensed in a separate file and will be advanced in accordance with the following rules:
a) The prosecutor who has to rule on the action of extinction of ownership, ex officio or by interposing demand, order initiation through interlocutory ruling appealable in the indicative devolution effect of the facts on which it is based, property and evidence, or evidence, prevent about the suspension of device power and order the immediate apprehension and occupation and relevant preventive measures, if they have not already adopted in the criminal proceedings;

B) In the same Order, order the notification to the Public Ministry and other affected persons whose address is known, that will emerge according to the general rules, and provide the location of the respective persons, the current holders of principal or accessory real right entered in the corresponding registration certificate, third and unspecified persons with an interest in the cause to appear to assert their rights, who will take action in the state you are in at the moment of their appearance. The site will be dispensed by edict will remain fixed at the Secretariat for a period of twenty (20) days and be published and disseminated for once within this term in a national circulation newspaper and a broadcaster of the town. It these formalities, if located is not submitted within five (5) days following the expiration of the notice is posted, continue the performance with a curator ad - litem.
C) Within ten (10) days following the expiration of appearance, providing evidence must be answered or practice applying those in which the opposition is based. In this same term, the prosecutor asked the gathering of evidence;
D) After the previous term, proof and be enacted relevant and which unofficially considered the official, who set the term for their practice which shall be twenty (20) days, extendable for an equal period by one time;
E) Completed the probationary term, transfer will bring spectacular Secretariat for the common term of eight (8) days to claim the intervening conclusion and the prosecutor for his concept.
F) After the previous term, when the proceeding shall have been known by the prosecution, will render a decision in accordance with the alleged and proven, which concluded with respect to the appropriateness or inappropriateness of the extinction of the domain. If concludes on the merits of the declaration of termination of ownership, immediately send the case to the Regional Court in matters of jurisdiction or the Circuit Criminal Court in other cases, those who dictate the respective judgment of termination of ownership, verifying that during the procedure that the Prosecutor any advance any respected due process, the fullness of the forms and the protection of rights.
G) against the ruling decreeing the termination of ownership comes the appeal under the general rules. The refrain of this statement will be submitted to the degree of consultation. Effective Jurisprudence


ARTICLE 16. PROTECTION OF RIGHTS. The competent officials to hear criminal proceedings and action of extinction of ownership, ensure due process, the right to defense, the fullness of forms and observe the provisions of Articles on the 4th, 11 and 12 of this Act protection of rights.
In any case, the termination of ownership under this Act shall not preclude the application of seizure, confiscation, seizure, arrest, occupation and other measures enshrined by law in goods. Effective Jurisprudence



CHAPTER V. PROCEDURE.

ARTICLE 17. THE PROCEDURE. The process of domain extinction action, be subject to the special provisions of this Act.

Effective Decisions ARTICLE 18.
DEMAND. The application must contain the following requirements:
a) Full name, identification and presumptive owner, real and third parties with an interest in the cause domicile, as appropriate;
B) Identification of the asset or assets, estimating its value or property or equivalent values ​​
c) The request for evidence, accompanying those in its possession, and
d) Address the place to receive notifications. Effective Jurisprudence

ARTICLE 19.
preventive measures. Since the submission of the application and in any stage of the process, the applicant may apply the practice of precautionary measures of the goods on which it intends to terminate ownership, for which the rules contained in Book IV, Title XXXV be observed, the Code of Civil Procedure.

ARTICLE 20 OF THE TERMS urgency. Failure to comply with the terms and identified opportunities in this Act constitute grounds for misconduct punishable by dismissal of the charge to be imposed by the competent authority.


ARTICLE 21 OF THE JUDGMENT. If the sentence declares the termination of ownership, shall order the cancellation of limitations, dismemberment, liens, foreclosures and detention and inscriptions that are charged on goods and their registration in the relevant register at no cost to the state.
When the property to extinction are encumbered with pledge, mortgage or fall on them any other right accessory other than the domain or injunction or kidnapped embargo decreed by competent authority and duly registered before the decree dated preventive measure suspension or device power in the process of extinction, the judgment will be delivered on the effectiveness or ineffectiveness, legality or illegality of securities and rights under the civil provisions and set out in this Act.
If the sentence declares the unlawfulness or ineffectiveness of titles and rights in the preceding paragraph, also decreed their extinction and their registration in the relevant register at no cost to the state.
Otherwise, the sale by public auction shall be ordered in accordance with the rules of the Code of Civil Procedure and with the corresponding product debts will be paid. Remnants correspond to the state in terms of this Act.
The holders of the rights under this rule must appear before the process in accordance with Article 15 of this Law. Those who have standing to attend the process may challenge the effectiveness and legality of the titles and rights referred to in this Precept to.
PARÁGRAFO. It shall also terminate ownership of equivalent goods in the event that the State has to recognize the right which may have been tested in the process, for which a third party is established limitation, encumbrance or dismemberment, however, demand register , immobilization and registration on the material goods of the process. Effective Jurisprudence


ARTICLE 22 DELIVERY. If the sentence declares the termination of ownership of the goods and they are not in a state power, order its final delivery to the appropriate and executory, shall commission for diligence to be practiced preferably by the commissioner within ten (10) days after the respective decision. Effective Jurisprudence


ARTICLE 23 OF THE PURSUIT OF PROPERTY. The State may pursue those goods or beneficial owner is the person against whom judgment of termination of ownership or their assignees who are not in good faith and to concurrence of the value which was decreed extinction was issued. Effective Jurisprudence


CHAPTER VI.
SUSPENSION OF POWER DEVICE.

ARTICLE 24. SUSPENSION OF POWER DEVICE. Since the decision ordering the process of extinction, may not be acquired or transferred the ownership of the assets derived from illegal activities or constitute any right or held act, contract or legal business any respect thereof, without prejudice to the rights of others in good faith. Effective Jurisprudence


CHAPTER VII.
FUND FOR REHABILITATION,
SOCIAL INVESTMENT AND COMBATING ORGANIZED CRIME.
ARTICLE 25.
CREATION OF THE FUND FOR THE REHABILITATION, SOCIAL INVESTMENT AND COMBATING ORGANIZED CRIME. Create the Fund for Rehabilitation, Social Investment and the Fight against Organized Crime, which will function as a special account unincorporated administered by the National Narcotics Directorate, in accordance with the policies outlined by the National Narcotics Council.
The assets subject to asset forfeiture, no exceptions of any kind made deductions that Article 21 of this Law shall, as appropriate, to be part of the resources of the Fund. PARAGRAPH 1.
. During the development process, the DNE may provisionally allocate goods on which an injunction is in effect, government entities or institutions legally recognized common benefit. Maintenance costs shall be borne by the recipient entity. The DNE will take the necessary measures to ensure that goods subject to provisional destination remain productive and employment generators, for which may bring the lease or fiduciary property in the event that the operation generate profits. These resources should be used to finance social programs in this Law preferably in the territorial district in which they are located.

Preferentially in the case of rural goods characterized rural vocation, once decreed their extinction will so immediately to the Colombian Institute of Agrarian Reform, INCORA, to be applied for the purposes established in Law 160 of 1994.
Effective notes
PARAGRAPH 2.
. Since the decision ordering the process of extinction of ownership, the DNE, may sell consumables or threatening deterioration in respect of other goods, if it is done necessary due to the burdensome administration and custody, may management contracts with public or private entities under state surveillance.
In the event that the goods had been sold and their return is ordered by court judgment duly executed, the Fund will recognize the sale price with updating its value, without prejudice to actions enshrined in the law. Effective Notes

PARAGRAPH 3.
. Within six (6) months following the enactment of this Act, the National Government will restructure the National Narcotics Directorate to carry out the functions assigned to it. Effective Notes

Effective Jurisprudence


ARTICLE 26. DISPOSAL OF ASSETS AND DESTINATION. Goods and resources over which the asset forfeiture is declared, without exception into the Fund for Rehabilitation, Social Investment and the Fight against Organized Crime and will be assigned by the National Narcotics Council, in accordance with the regulations, for : Effective Jurisprudence


A) To finance programs and projects in the area of ​​Education, Recreation and Sports.
Also programs to prevent drug consumption, as tending to rehabilitation and promotion of the culture of legality;
B) To finance alternative development programs to eradicate illicit crops;
C) To finance programs to prevent, combat and eradicate administrative corruption in all its manifestations;
D) to finance land reform programs and social housing for those displaced by violence and those involved in the programs of eradication of illicit crops;
E) Reimburse the hypothesis that this Law, the damage to national headlines and bona fide third parties. For it will finance insurance contracts covering risks for sudden and violent terrorist acts and damages incurred by the civilian population for the same acts, when they are covered by the national government through insurance policies. Also ensure by hiring policies issued by insurance companies, the protection of property upon which an injunction is in force or those which are subject to termination of ownership;
F) To finance programs that run the sport associated with the object of promoting, amass and disseminate sports. Similarly, support recreational, educational and social community programs.
G) To finance investment in technical and technological training, logistical supports, purchase of equipment and new technology, and generally, in strengthening state action in its fight against the crime of drug trafficking. Cultural and historical assets will be allocated to the relevant state institutions to those contained in the legislation on the subject effects;
H) To finance rehabilitation programs, education, training and microenterprises for the prison population;
I) to finance relocation programs within the agricultural frontier, to settlers in the Colombian Amazon and Orinoco regions;
J) To finance all ensuring compliance with its responsibilities to the National Criminal Policy Council aspects;
K) To finance nutrition programs for children, low strata, through the Colombian Family Welfare Institute;
L) To partly finance the administration of justice through the Superior Council of the Judiciary;
M) To finance programs for women heads of households, lower indigent and elderly;
N) To finance the Program for Public Libraries Santa Fe de Bogota;
O) To finance the allocation of resources to the Fund up the Judicial Branch and the Public Ministry;
P) To finance programs for sustainable human development in fragile ecosystems regions where illicit crops have been carried out;

Q) The assets and resources that are within the jurisdiction of the Archipelago Department of San Andres, Providencia and Santa Catalina, whose forfeiture has been ordered, pursuant to this Act shall be assigned by the National Council narcotics Institute of Land Archipelago, for the fulfillment of its purposes enshrined in the relevant legislation;
As the Land Institute Archipelago National Narcotics Council will allocate assets to programs of social housing, land reform, public works or to finance education programs in the Archipelago and promote their culture is created;
R) Funding for population programs of physical, mental and sensory disabilities;
S) Funding recreation and culture programs pensioners and the elderly;
T) Implementation of programs of social housing;
U) To finance programs to eradicate poverty in the country.
PARÁGRAFO. Land suitable for production and entering the Fund created by this Act, shall be awarded to Ios peasants and indigenous people who meet the requirements. The award shall be made in accordance with the provisions of Law 160 of 1994. The displaced by violence and those involved in the programs of eradication of illicit crops have priority for the award. Effective Notes

Effective Jurisprudence



Previous legislation
ARTICLE 27. EXERCISE OF SPECIALIZED AND PREFERRED. Without prejudice to the competence of prosecutors at the Regional Justice, the determined by the Attorney General's Office and the Criminal Circuit Judges, the Prosecutor General's Office will form, by reorganizing its personnel, a specialized unit to investigate ill-gotten assets, advance the termination of ownership in criminal proceedings and integrate a registration and control of the processes in which it starts and declare domain extinction.
Preliminary research to investigate ill-gotten assets of the specialized unit will have a term of up to six (6) months; on them shall be observed in article 2.
The officials competent to hear the action of extinction of ownership the exercise preferably in the case of the criminal activities of criminal organizations, organized crime and administrative corruption, offenses under the National Narcotics Statute, against Constitutional Government, Public Administration, the Administration of Justice, Public Security, the abduction, kidnapping, extortion, money laundering, front men, illicit enrichment, as well as those who are predicable of subversion.
State entities entitled to initiate action and relevant officials to hear the action of extinction of ownership, inform the Specialized Unit of the Attorney General's Office of the initiation of the process within two (2) days business after its initiation, indicating the parties, goods and person or persons against whom is promoted, as well as the sentence pronounced.
The duty of initiating the process of extinction of ownership is without prejudice to the obligations of information corresponding to the legitimate state entities, of their inspection, surveillance and control, as well as the powers and specific powers that deriving therefrom. Effective Jurisprudence

ARTICLE 28. EXERCISE
DAREDEVIL ACTION. In the event that the application filed by the state agency is frivolous or motivated fraud or gross negligence of the employee who filed will lead to compensation for damages caused to the defendant, without prejudice to the criminal and administrative actions that may be required place.
PARÁGRAFO. Who makes a false complaint in cases of this Act shall incur the corresponding criminal penalty, increased by up to a third. Same increase will apply to the sanction that is deemed of the Prosecutor or the judicial officer who commits malfeasance, misapplication.
In any case, you can not open or start any investigation against natural or legal persons based on anonymous or illegally obtained evidence. Effective Notes

Effective Jurisprudence


ARTICLE 29. THE SCOPE. This Act shall apply in all cases in which the events or activities that the second article occurred wholly or partly in Colombia, or when the goods are located in the country concerned.

Respect of those assets located abroad whose owners or real beneficiaries are Colombian or when the facts have been initiated or completed in the Republic of Colombia, shall apply subject to international treaties and conventions.
The provisions of this Act shall not apply with respect to taxes and taxes, or concerning other forms of termination of ownership land covered by environmental legislation, mining and which are governed by the laws on the subject.

ARTICLE 30. INTEGRATION. In matters not covered by this Act the provisions of the Code of Criminal Procedure, Civil Procedure and Administrative, which are compatible with the nature of the process and the actions carried out in the same shall apply. Effective Jurisprudence

ARTICLE 31.
OK. Effective Jurisprudence

Legislation Previous


ARTICLE 32. PROTECTION TO FAMILY HOUSING. Effective Jurisprudence

Legislation Previous


ARTICLE 33 OF THE TERM. This Act governs from the date of its enactment.
However, the extinction of the domain shall be declared, whatever the time of acquisition or illicit destination of the goods or rights, even for existing legal situations prior to the effective date of this Law, provided that such acquisition or illicit destination of goods or rights was made after the existence of crimes that give rise to this measure of extinction, the legislation has modified or modify the legal name, notwithstanding the limitation period referred to in the article 9. of this Act.
In any case, it is understood that the illicit acquisition of assets does not constitute rightly, cause a serious deterioration of social morality and behavior with permanent effects. Effective Notes


The President of the Senate of the Republic,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the Honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary of the Chamber of Representatives, DIEGO VIVAS
TAFUR.
Republic of Colombia - National Government
published and execute.
Given in Bogota, DC, on December 19, 1996.
Ernesto Samper Pizano.
The Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA



Related Laws