1997 ACT 360

(February 7)

Official Journal No. 42,978 of 11 February 1997.

By means of which some of the rules of Title XI of Book II of Decree-Law 100 of 1980 (Penal Code) relating to crimes against sexual freedom and modesty are amended and Article 417 of Decree 2700 of 1991 (Criminal Procedure Code) and other provisions are issued.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. Title XI of Book II of Decree-Law 100 of 1980 (Penal Code) shall be referred to as:

"Crimes Against Sexual Liberty and Human Dignity."

ARTICLE 2o. Article 298 of the Penal Code will remain so:

ARTICLE 298. VIOLENT CARNAL ACCESS. The person who carries out carnal access with another person through violence, will be subject to the penalty of eight (8) to twenty (20) years of imprisonment.

He who performs carnal access with a person of less than twelve (12) years, through violence, will be subject to the penalty of twenty (20) to forty (40) years.

ARTICLE 3o. Article 299 of the Penal Code will remain so:

ARTICLE 299. VIOLENT SEXUAL ACT. The one who performs in another person sexual act diverse to the carnal access by violence will incur in prison of four (4) to eight (8) years.

ARTICLE 4. Article 300 of the Penal Code will remain so:

ARTICLE 300. SEXUAL ACT IN PERSON PLACED IN INABILITY TO RESIST. The person who performs carnal access with a person to whom he has placed in incapacity to resist or in a state of unconsciousness, or in conditions of psychic inferiority which prevents him from understanding the sexual relationship or giving his consent shall be in prison of four (4) to ten (10) years.

If you run a different sexual act of carnal access, the penalty will be two (2) to four (4) years.

ARTICLE 5o. Article 303 of the Penal Code will remain so:

ARTICLE 303. ABUSIVE CARNAL ACCESS WITH MINOR. The one who carnally accesses a person under the age of fourteen, will be in prison for four (4) to ten (10) years.

ARTICLE 6o. Article 304 of the Penal Code will remain so:

ARTICLE 304. ABUSIVE CARNAL ACCESS WITH UNABLE TO RESIST. He who is carnally accessing a person in a state of unconsciousness, or suffering from mental disorder, or who is unable to resist, will be in prison for three (3) to ten (10) years.

If access is not performed but various sexual acts of it, the penalty will be of two (2) to four (4) years of imprisonment.

ARTICLE 7o. Article 305 of the Penal Code will be as follows:

ARTICLE 305. SEXUAL ACTS WITH UNDER FOURTEEN YEARS OF AGE. The person who will perform various sexual acts of carnal access with a person under the age of fourteen or in his or her presence, or inducts them into sexual practices, will be subject the penalty of two (2) to five (5) years of imprisonment.

ARTICLE 8o. Rule 307 of the Penal Code.

ARTICLE 9o. Article 308 of the Penal Code will remain so:

ARTICLE 308. INDUCTION INTO PROSTITUTION. The one who, in the spirit of profit or to satisfy the wishes of another, leads to the carnal trade or prostitution to another person, will be subject to the penalty of two 2) to four (4) years of imprisonment and fine equivalent to multiplying by an amount Fifty (50) to five hundred (500) the value of the current monthly statutory minimum wage.

ARTICLE 10. Article 309 of the Penal Code will remain so:

ARTICLE 309. CONSTRICTION TO PROSTITUTION. The one who, in order to profit or to satisfy the wishes of another, constrains any person to the carnal trade or the prostitution will incur in prison of three (3) to nine (9) years of imprisonment and fine equivalent to multiply by a quantity of Fifty (50) to five hundred (500) the value of the current monthly legal minimum wage.

If the constraint is exercised on less than eighteen (18) years, the penalty will be increased by a third.

ARTICLE 11. Article 311 of the Penal Code will remain so:

ARTICLE 311. IT ' S ABOUT PEOPLE. The person who promotes, induces, constrains or facilitates the entry or exit of a person's country, in order to engage in prostitution, will be in prison of two (2) to six (6) years and a fine equivalent to multiplying by a quantity of seventy-five (75) to seven hundred and fifty (750) the value of the current monthly minimum wage.

ARTICLE 12. Article 312 of the Penal Code will remain so:

ARTICLE 312. ENCOURAGEMENT OF CHILD PROSTITUTION. The person who goes, leases, maintains, administers or finances house or establishment for the practice of sexual acts in which minors participate, prison of two (2) to six (6) years and fine equivalent to multiplying by a Fifty (50) to five hundred (500) the value of the current monthly statutory minimum wage.

ARTICLE 13. The Criminal Code will have a provision, which will be as article 312 bis, as follows:

ARTICLE 312 Bis. PORNOGRAPHY WITH MINORS. The one who photographs, film, sells, buys, exhibits or in any way commercializes photographic material in which minors participate, will incur in prison of four (4) to ten (10) years, and fine from one hundred (100) to one thousand (1,000) minimum wages Monthly legal.

ARTICLE 14. The Criminal Code will have a new provision, which will be as article 306-A, as follows:

ARTICLE 306A. INTERVENTION BY ICBF. In all cases where the victim is a minor, who has no legal representative or who has such a legal representative, he or she fails to fulfil his obligations, or he does not have the necessary economic conditions or moral or mental qualities, to ensure the correct training of the minor, the official who is aware of the investigation will give notice to the Colombian Family Welfare Institute, so that the competent family defender, takes the protective measures that the case warrants, and intervenes and promote the necessary judicial actions, representing the child and the family.

For this purpose, the State shall allocate sufficient resources for the ICBF to comply with the provisions of this Article.

ARTICLE 15. RIGHTS OF VICTIMS OF CRIMES AGAINST SEXUAL FREEDOM AND HUMAN DIGNITY. Every person who is the victim of crimes against sexual freedom and human dignity is entitled to:

Being treated with dignity, privacy and respect during any interview or performance for medical, legal or social assistance purposes.

Be informed about the legal procedures that are derived from the punishable fact.

Be informed of the services available to address the needs that have generated the crime.

Having access to a free counseling and counseling service for her and her family attended by qualified staff.

Having free access to the following services:

1. Examination and treatment for the prevention of venereal diseases including HIV/AIDS.

2. Examination and treatment for physical and emotional trauma.

3. Collection of legal medical evidence.

4. Be informed about the possibility of accessing compensation for damages caused by the crime.

ARTICLE 16. Throughout the country, Specialized Units of Public Prosecutions will be created with its Technical Investigation Corps for Crimes against Sexual Freedom and Human Dignity. They shall be aware of the offences enshrined in Title XI of the Criminal Code.

Each of the Specialized Units covered by this Article. He must have a plant psychologist, to advise the officials in handling the cases to interview and orient the victims, and give his concept to the prosecutor.

ARTICLE 17. 535 of the Law 600 of 2000 > Article 417 of the Code of Criminal Procedure shall remain as follows:

ARTICLE 417. PROHIBITION OF PROVISIONAL FREEDOM. They shall not be entitled to provisional freedom on the basis of Article 415 (1) or Article 415, unless all the conditions for a conditional suspension of the sentence are demonstrated:

1. The accused persons against whom preventive detention has been issued in accordance with the provisions of Article 397 of this Code.

2. When it appears proven that against the syndicate there is more than one conviction for intentional or intentional crime.

3. In the case of homicide or personal injury in a traffic accident and it is found that the syndicate was at the time of the event in the state of acute drunkenness or intoxication, according to technical experts or abandoned, without fair cause, the place of the commission of the fact.

4. In the following offences.

Peculado by appropriation (article 133)

Concussion (article 140)

Own Co-fact (article 141)

Illicit Enrichment (article 148)

Prevaricate per Action (article 149)

Receiving (Item 177)

Leakage from Pres (article 178)

Favor of the Fuga (article 179)

Procedural Fraud (article 182)

Fire (article 189)

Damage to common defense work (Article 190)

Flooding or collapse provocation (Article 191)

Disaster or ship damage (Article 193)

Possession, manufacture and trafficking of dangerous substances or objects (Article 197)

Manufacturing and trafficking of firearms or ammunition (Article 201)

Manufacturing and trafficking of weapons and ammunition for the private use of the Armed Forces (Article 202)

Counterfeiting of national or foreign currency (Article 207)

Counterfeit currency traffic (article 208)

Illegal Emissions (article 209)

Hoarding (article 229)

Speculation (article 230)

Economic Panic (article 232)

Illicit Commercial Exploitation (article 233)

Illegal Deprivation of Freedom (Article 272)

Constructing for Delinquiring (Item 277)

Fraudulent hospitalization in asylum, clinic or similar establishment (Article 278)

Torture (article 279)

Abusive carnal access with unable to resist (article 304)

Sexual acts with under fourteen years of age (article 305)

Induction into prostitution (Article 308)

Building on Prostitution (article 309)

Trafficking in Persons (article 311)

Stimulus to Child Prostitution (article 312)

Injuries with deformity (article 333)

Functional disturbance injuries (article 334)

Psychic disturbance injuries (article 335)

Hurt Qualified (article 350)

Aggravated Theft (article 351)

Extortion (article 355)

The offences referred to in Decree 1730 of 1991.

ARTICLE 18. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA

The President of the honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZILLI

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR

Publish and execute.

Dada en Santafe de Bogota, D.C., 7 February 1997.

ERNESTO SAMPER PIZANO

The Minister of Justice and Law,

CARLOS EDUARDO MEDELLIN BECERRA