Law 360 1997

Original Language Title: LEY 360 de 1997

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ACT 360 OF 1997
(February 7)
Official Gazette No. 42978 of 11 February 1997.
Through which some provisions of Title XI of Book II of Decree Law 100 modified 1980 (Penal Code) concerning offenses against sexual freedom and decency, and Article 417 of Decree 2700 of 1991 (Criminal Procedure Code) is added and other provisions. Summary

Term Notes
CONGRESS OF COLOMBIA DECREES
:
ARTICLE 1o. Title XI of Book II of Decree Law 100 of 1980 (Penal Code) will be named as follows:
"Crimes Against Sexual Freedom and Human Dignity".
Article 2.
. Article 298 of the Penal Code shall read as follows: ARTICLE 298. ACCESS
CARNAL VIOLENT. The performing sexual intercourse with another person by violence, shall be subject to the penalty of eight (8) to twenty (20) years in prison.
The performing sexual intercourse with a person under twelve (12) years, through violence, be subject to the penalty of twenty (20) to forty (40) years.

ARTICLE 3. Article 299 of the Penal Code shall read as follows: ARTICLE 299.
violent sexual act. The other person performing in diverse sexual act to sexual intercourse by violence liable to imprisonment of four (4) to eight (8) years. Effective Jurisprudence


ARTICLE 4. Article 300 of the Penal Code shall read as follows: ARTICLE 300.
sexual act PERSON PUTTING unable to resist. The performing sexual intercourse with person that has placed unable to resist or unconscious, or in conditions of mental inferiority that prevent includes sex or consent liable to imprisonment of four (4) to ten ( 10 years.
If diverse sexual act of intercourse is executed, the penalty shall be two (2) to four (4) years. Effective Jurisprudence


The 5th ITEM. Article 303 of the Penal Code shall read as follows: ARTICLE 303.
carnal knowledge ABUSIVE CHILD. Which you access carnally person under fourteen, liable to imprisonment of four (4) to ten (10) years. Effective Jurisprudence


ARTICLE 6o. Article 304 of the Penal Code shall read as follows:
ARTICLE 304. Abusive carnal knowledge UNABLE TO RESIST. Which you access carnally person unconscious or suffering from mental disorder, or who is unable to resist, be liable to imprisonment of three (3) to ten (10) years.
If access various sexual acts but it is not carried out, the penalty shall be two (2) to four (4) years in prison. Effective Jurisprudence


ARTICLE 7. Article 305 of the Penal Code shall read as follows: ARTICLE 305.
sexual acts with under fourteen years. Which effected, various sexual acts of sexual intercourse with a person under fourteen years or in their presence, or induce sexual practices, shall be subject to the penalty of two (2) to five (5) years in prison. Effective Jurisprudence


Article 8. Deróguese Article 307 of the Penal Code.

Article 9. Article 308 of the Penal Code shall read as follows: ARTICLE 308.
promotion of prostitution. Which with the intention to make a profit or to satisfy the desires of another, induce the flesh trade or prostitution to another person, shall be subject to the penalty of two (2) to four (4) years imprisonment and a fine equivalent to multiplying by a amount of fifty (50) to five hundred (500) the value of the current monthly minimum wage. Effective Jurisprudence


Article 10. Article 309 of the Penal Code shall read as follows: ARTICLE 309.
forced prostitution. Which with the intention to make a profit or to satisfy the desires of another, compels any person to sexual intercourse or prostitution liable to imprisonment of three (3) to nine (9) years imprisonment and a fine equivalent to multiplying by an amount of fifty (50) (500) the value of the current monthly minimum wage.
If the constraint is exercised on under eighteen (18) years, the penalty shall be increased by one third.

Article 11. Article 311 of the Penal Code shall read as follows: ARTICLE 311.
TRAFFICKING. Which promotes, induces, constrains or facilitates the entry or departure of a person to engage in prostitution shall be liable to imprisonment of two (2) to six (6) years and equivalent to multiplying by an amount of seventy fine and five (75) to seven hundred and fifty (750) the value of the current monthly minimum wage.

Article 12. Article 312 of the Penal Code shall read as follows:
ARTICLE 312.
STIMULUS TO CHILD PROSTITUTION. The allocate, lease, hold, manage or finance house or establishment for the practice of sexual acts involving minors, liable to imprisonment of two (2) to six (6) years and a fine equivalent to multiplying by a number of fifty (50) to five hundred (500) the value of the current monthly minimum wage. Effective Jurisprudence


ARTICLE 13. The Criminal Code will have a provision, which will remain as Article 312 bis, as follows:
Article 312 Bis. PORN WITH MINORS. Which photographs, films, sell, buy, display or otherwise marketed photographic material involving minors, liable to imprisonment of four (4) to ten (10) years and a fine of one hundred (100) to one thousand (1,000) minimum monthly wages. Effective Notes


ARTICLE 14. The Criminal Code will have a new provision, which will remain as Section 306-A, as follows:
ARTICLE 306A. INTERVENTION ICBF. In all cases where the victim is a minor, lacking legal representative or having it, fails to meet his obligations or persons without the necessary economic conditions or moral or mental qualities, to ensure proper formation of minor the official who knows of the investigation will notify the Colombian Institute of family Welfare for the defender competent family, adopt protective measures that the case merits, and intervene and promote the necessary legal actions on behalf of the child and the family.
To this effect, the state will allocate sufficient resources to the ICBF comply with the provisions of this Article resources.

ARTICLE 15. RIGHTS OF VICTIMS OF CRIMES AGAINST SEXUAL FREEDOM AND HUMAN DIGNITY. Any victim of crimes against sexual freedom and human dignity is entitled to:
be treated with dignity, privacy and respect during any interview or performance with medical, legal or social assistance purposes.
Be informed about the legal proceedings arising from the offense.
Be informed of the services available to meet the needs that generated him the crime.
Having access to a free counseling service and counseling for her and her family attended by qualified personnel.
Have access to the following services:
1. Examination and treatment for the prevention of sexually transmitted diseases including HIV / AIDS.
2. Examination and treatment for physical and emotional trauma.
3. Legal medical evidence collection.
4. Be informed about the possibility of access to compensation for damages caused to the crime.

ARTICLE 16. Throughout the country Prosecution specialized units will be created with its Technical Investigation Unit for Crimes Against Sexual Freedom and Human Dignity. They know consecrated in Title XI of the Penal Code offenses.
Each of the Specialized units referred to in this article. You must have a psychologist plant, to advise officials in handling cases interview and advice to victims, and render their concept to the prosecutor.

Article 17. Article 417 of the Code of Criminal Procedure shall read as follows:
ARTICLE 417. PROHIBITION OF RELEASE ON BAIL. They not entitled to bail on the basis of the 1st paragraph of Article 415, unless they are shown all the requirements to conditionally suspend the sentence:
1. The accused against whom detention has been issued in accordance with the provisions of paragraph 6 of the Article 397 of this Code.
2. When it appears shown against the accused more than one conviction for willful or felony offense.
3. In the case of homicide or personal injury accident and it is found that the accused was at the time of realization of the fact in a state of acute intoxication or poisoning, according to technical experticio or has abandoned, without just cause, the place of the commission of the act.
4. In the following offenses.
Embezzlement by appropriation (Article 133)
Concussion (Article 140)
Own Bribery (Article 141)
illicit enrichment (Article 148)
malfeasance per share (Article 149)
receptación (Article 177)
escape of prisoners (Article 178)
Favouring the Fugue (Article 179)
procedural fraud (Article 182)
Fire (Article 189)
Damage defense work common (Article 190)
Flood Provocation or collapse (Article 191)
Sinister or ship damage (Article 193)

Possession, manufacture and trafficking of substances or dangerous objects (Article 197)
manufacturing and trafficking of firearms or ammunition (Article 201)
Manufacturing and trafficking in arms and ammunition for the exclusive use of the Armed Forces (Article 202)
counterfeit domestic or foreign currency (Article 207)
Trafficking in counterfeit currency (Article 208)
Emissions Illegals (Article 209)
Hoarding (Article 229)
Speculation ( Article 230)
Economic Panic (Article 232)
Illicit Exploitation (Article 233)
Unlawful Deprivation of Liberty (Article 272)
Constraint to commit a crime (Article 277) Fraudulent inpatient
asylum, clinic or similar establishment (Article 278)
Torture (279)
abusive carnal unable to resist access (Article 304)
sexual acts with a child under fourteen (Article 305)
Induction prostitution (Article 308)
forced prostitution (Article 309)
Trafficking (Article 311)
Encouraging Child prostitution (Article 312)
Injury deformity (Article 333 )
Injuries functional disturbance (Article 334)
Injury with mental disturbance (Article 335)
aggravated theft (Article 350)
Aggravated Theft (Article 351)
Extortion (Article 355) | || the offenses covered by the Decree 1730 of 1991. Effective Jurisprudence


Article 18. This Law governs from the date of publication.
The President of the honorable Senate, LUIS FERNANDO LONDOÑO CAPURRO

The Secretary General of the honorable Senate, PUMAREJO VEGA PEDRO

The President of the honorable House of Representatives, GIOVANNI LAMBOGLIA Mazilli

the Secretary General of the honorable House of Representatives, DIEGO VIVAS TAFUR

published and execute.
Given in Bogota, DC, on February 7, 1997.

Ernesto Samper Pizano Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA




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