By Establishing Rules Aimed Established To Fight Organized Crime And Other Provisions

Original Language Title: Por la cual se establecen normas tendientes a combatir la delincuencia organizada y se dictan otras disposiciones

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365 OF 1997

(February 21)

Official Journal No. 42,987 of 21 February 1997

By which rules are established to combat organized crime and other provisions are dictated.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

DECRETA:

ARTICLE 1o. The number of the fourth (4th) of Article 42 of the Penal Code will be as follows:

" 4o. Prohibition of the exercise of an art, profession or trade, industry or trade ".

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ARTICLE 2o. The Criminal Procedure Code will have an article 61-A, of the following tenor:

ARTICLE 61-A. Cancellation of legal status of companies or organizations engaged in the development of criminal activities or closure of their premises or establishments open to the public. Where, at any point in the proceedings, the judicial officer finds evidence that legal persons, companies or organisations have been wholly or partially engaged in the development of criminal activities, he shall instruct the competent authority to: prior to the fulfilment of the legal requirements established for this purpose, proceed to the cancellation of its legal status or to the closure of its premises or establishments open to the public.

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ARTICLE 3o. Article 44 of the Penal Code will be as follows:

ARTICLE 44. DURATION OF THE PENALTY. The maximum duration of the penalty is as follows:

-Prison up to sixty (60) years.

-Arrest up to eight (8) years.

-Home restriction up to five (5) years.

-Interdiction of rights and public functions up to ten (10) years.

-Prohibition of the exercise of an art, profession or trade, industry or trade up to five (5) years.

-Suspension of the fatherland authority up to fifteen (15) years.

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ARTICLE 4. Article 58 of the Penal Code will be as follows:

ARTICLE 58. PROHIBITION OF THE EXERCISE OF AN INDUSTRY, TRADE, ART, PROFESSION OR TRADE. Whenever an offence is committed with abuse of the exercise of an industry, trade, art, profession or trade, or in contravention of the obligations arising from that exercise, the judge may, when imposing the penalty, deprive the person responsible for the right of to exercise such industry, trade, art, profession or trade, for up to five years. "

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ARTICLE 5o. The Penal Code will have an article with the number 63-A, of the following tenor.

ARTICLE 63A. AGGRAVATION BY THE PLACE OF COMMISSION OF THE OFFENCE. Where the punishable act is directed or committed wholly or partly from the inside of a place of detention for which he is deprived of his or her freedom, or in whole or in part outside the national territory, the penalty shall be increased by up to half, provided that such circumstance does not constitute an autonomous punishable act or element thereof.

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ARTICLE 6o. Article 176 of the Criminal Code will have a paragraph of the following wording:

PARAGRAFO. When it helps to circumvent the action of the authority or to hinder the investigation of acts punishable by extortion, illicit enrichment, extortion, trafficking of toxic drugs, narcotic drugs or psychotropic substances, the penalty will be four (4) to twelve (12) years in prison.

Vigency Notes
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ARTICLE 7o. Article 177 of the Penal Code will be as follows:

ARTICLE 177. RECEIPT. The person who, without taking part in the execution of a crime, acquires, possesses, converts or transmits movable or immovable property, which has its immediate or immediate origin in a crime, or carries out any other act to conceal or cover up, its lawful origin, A prison sentence of one (1) to five (5) years and a fine of five (5) to five hundred (500) monthly minimum legal wages, provided that the fact does not constitute another crime of greater gravity.

Effective Case-law

If the conduct is performed on a property whose value is greater than one thousand (1,000) minimum legal monthly wages, the custodial sentence will be increased from one third to half.

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ARTICLE 8o. Article 186 of the Penal Code will be as follows:

ARTICLE 186. CONCERTO PARA DELINQUIR. When a number of persons are concerned with the purpose of committing crimes, each of them shall be punishable, by that fact, with imprisonment of three (3) to six. (6) years.

If you act in depopulated or with weapons, the penalty will be three (3) to nine (9) years.

When or the concert is to commit crimes of terrorism, drug trafficking, extortion, extortion or to form death squads, private justice groups or bands of hit men will be in prison for ten (10) to fifteen (15) years and fine of two thousand (2,000) up to fifty thousand (50,000) monthly minimum legal wages.

The penalty will be increased from double to triple for those who organize, encourage, promote, lead, lead, constitute or finance the concert or the association for the crime.

Vigency Notes
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ARTICLE 9o. Title VII of Book II of the Criminal Code will have a Third Chapter called "Asset Laundering", with the following articles:

ARTICLE 247-A. ASSET LAUNDERING. Those who acquire, protect, invest, transport, transform, custodian or administer goods that have their immediate or immediate origin in the activities of extortion, illicit enrichment, extortion, rebellion, or related to the trafficking of toxic drugs, narcotic drugs or psychotropic substances, give goods from such activities the appearance of legality or legalise them, hide or cover the true nature, origin, location, destination, movement or rights over such goods, or perform any other act to conceal or cover up their illicit origin For that fact, it will incur, for that fact, in prison from six (6) to fifteen (15) years and fine from five hundred (500) to fifty thousand (50,000) monthly minimum legal wages.

The same penalty shall apply when the conduct described in the preceding paragraph is carried out on goods which, in accordance with the paragraph of Article 340 of the Code of Criminal Procedure, have been declared of unlawful origin.

PARAGRAFO 1o. The laundering of assets shall be punishable even if the crime of which the assets came from, or the acts punishable in the preceding paragraphs, have been committed, in whole or in part, abroad.

PARAGRAFO 2o. The penalties provided for in this article will be increased from one third (1/ 3) to half (1/ 2) when foreign exchange or foreign trade operations were carried out for the conduct of the conduct, or introduced goods into the national territory.

PARAGRAFO 3o. The penalty increase provided for in the previous paragraph, will also apply when contraband goods were introduced into the national territory.

ARTICLE 247-B. CONTROL OMSION. The employee or manager of a financial institution or a savings and credit union that, in order to conceal or cover up the illicit origin of the money, omit the fulfillment of any or all of the control mechanisms established by the Articles 103 and 104 of Decree 663 of 1993 for cash transactions will incur, for that purpose only, prison of two (2) to six (6) years and fine from one hundred (100) to ten thousand (10,000) minimum wages Monthly legal.

ARTICLE 247-C. SPECIFIC CIRCUMSTANCES OF AGGRAVATION. The custodial sentences provided for in Article 247-A shall be increased from one third to half where the conduct is carried out by a person belonging to a legal person, a company or an organisation engaged in the laundering of assets and half to three quarters when they are developed by the heads, managers or managers of the legal persons, companies or organisations.

ARTICLE 247-D. IMPOSITION OF ANCILLARY PENALTIES. If the facts provided for in Articles 247-A and 247-B are carried out by the employer of any industry, administrator, employee, manager or intermediary in the financial, securities or insurance sector as the case may be, public servant in the exercise of his office, shall be imposed, in addition to the corresponding penalty, the loss of public or official employment or the prohibition of the exercise of his art, profession or trade, industry or trade as the case may be, for a time not less than three (3) years and not more than five (5).

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ARTICLE 10. Article 369-A of the Criminal Procedure Code shall be as follows:

d) Delation of leaders of criminal organizations accompanied by effective evidence of their responsibility.

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ARTICLE 11. Article 37 of the Criminal Procedure Code will be as follows:

ARTICLE 37. ADVANCE JUDGMENT. The decision defining the legal situation and before the investigation is closed, the defendant may request that the judgment be given in advance.

The application, the prosecutor, if deemed necessary, will be able to extend the investigation and practice tests within a maximum period of eight (8) days. The charges made by the prosecutor and their acceptance by the defendant will be entered in a record signed by those who have intervened.

The proceedings shall be sent to the competent judge who, within ten (10) working days, shall give judgment in accordance with the facts and circumstances accepted, provided that there has been no breach of fundamental guarantees.

The judge will issue the appropriate penalty and on the amount that will determine a decrease of a third (1/ 3) part of it for the reason of having accepted the process of its responsibility.

An advance sentence may also be issued, when the prosecution resolution is proposed and before the date for the conclusion of the public hearing, the defendant will accept the criminal responsibility for all the charges there. formulated. In this case the downgrade will be an eighth (1/ 8) part of the penalty.

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ARTICLE 12. Article 37-B of the Code of Criminal Procedure, shall be as follows:

ARTICLE 37B. PROVISIONS PROVISIONS. In the cases of Articles 37 and 37-A of this Code the following provisions shall apply:

1. Concurrency of rebates. The reduction of the penalty provided for in Article 299 of this Code may be cumulated to that referred to in Article 37 or to that referred to in Article 37-A, but in no case may the latter accumulate among themselves.

2. Equivalence to the charging resolution. The minutes containing the charges accepted by the defendant in the case of Article 37 or the record contained in the agreement referred to in Article 37-A are equivalent to the indictment.

3. Breaking of the procedural unit. In the case of various prosecutions or offences, they may be accepted or partial agreements, in which case the procedural unit will be broken.

4. Interest to appeal. The sentence is appealable by the prosecutor, the Public Ministry, by the defendant and by his defender, although by the latter two only with respect to the dosage of the sentence, the surrogacy of the sentence of conditional execution, and the extinction of the domain on goods.

5.

Effective Case-law
Previous Legislation
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ARTICLE 13. Article 71 of the Criminal Procedure Code will have a new numeral of the following tenor:

6. Of the proceedings for the crimes of concerto for the crime in the cases referred to in paragraph 3o. Article 186 of the Penal Code, as well as the proceedings for the crimes of which Articles 247-A and 247-B of the Criminal Code are dealt with.

Vigency Notes
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ARTICLE 14. Article 340 of the Code of Criminal Procedure will be as follows:

ARTICLE 340. EXTINCTION OF THE RIGHT OF DOMAIN. By judicial judgment, the domain of goods acquired through illicit enrichment will be declared extinct, to the detriment of the patrimony of the public treasury or with serious deterioration of the social morality. For these purposes, the crimes referred to in the National Narcotic Statute and the rules that modify or add to it, as well as the crimes of simple kidnapping, extortion, extortion, money laundering, and headlong, crimes against the economic and social order, crimes against the natural resources, manufacture and trafficking of arms and ammunition of the private use of the military forces, concussion, code, influence peddling, rebellion, sedition, is considered to be cause serious deterioration in social morality. In any case, the rights of third parties in good faith remain safe. The goods and resources on which the extinction of the domain is declared, without exception, will enter the Fund for Rehabilitation, Social Investment and the Fight Against Organized Crime and will be assigned by the National Council of Drugs.

PARAGRAFO. In criminal investigations and prosecutions carried out for extortion, kidnapping, extortion, money laundering, money laundering, crimes contemplated in the National Narcotic Statute, and the rules that modify or add to it, illicit enrichment of public or private servants, peculing, illegal interest in the conclusion of contracts, contracts concluded without legal requirements, illegal issuance of currency or effects or securities equated in currency, exercise (i) illegal activities of a monopoly or of a profit-seeking authority; (a) goods intended for national security and defence, offences against assets which fall on the property of the State, misuse of inside information, use of matters subject to secrecy or reservation, the declaration that a either movable or immovable property is of illegal origin is independent of the criminal responsibility of the syndicate and the extinction of the criminal action or the penalty. In these cases, the domain will be extinguished in accordance with the provisions of the law regulating this real action.

Unless the process ends by demonstrating the absence of the fact, the declaration that a movable or immovable property is of illicit origin will be made in the inhibitory resolution, in the resolution of the investigation, in the order of termination of the procedure or in the judgment. In the same providence and with a view to the overtaking of the process of extinction of the right of dominion, the seizure and preventive kidnapping of the declared property of illicit origin will be ordered.

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ARTICLE 15. Article 369-H of the Criminal Procedure Code shall have a paragraph of the following wording:

PARAGRAFO. Who is convicted of the crime of concerto for the aggravated by organizing, promoting, promoting, directing, leading, constituting or financing the concert or the association, in contest with another crime, will be able to avail of the sentence The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice serious.

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ARTICLE 16. The number 4o. Article 508 of the Code of Criminal Procedure shall be as follows:

4. If the prohibition of the exercise of an industry, trade, art, profession or trade is dealt with, the cancellation of the document authorizing it to be exercised shall be ordered and the authority that issued it shall be officiated.

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ARTICLE 17. Article 33 of Law 30 of 1986 will thus remain:

ARTICLE 33. Without the permission of a competent authority, except for the provision of doses for personal use, enter the country, either in transit or in transit, transport, carry, store, maintain, develop, sell, offer, purchase, finance or supply to the country Any drug title that produces dependency, will incur in prison of six (6) to twenty (20) years and fine from one hundred (100) to fifty thousand (50,000) minimum wages monthly legal.

If the amount of drugs does not exceed a thousand (1,000) grams of marijuana, two hundred (200) grams of hashish, one hundred (100) grams of cocaine or cocaine-based narcotic substance or twenty (20) grams of poppy derivatives, two hundred (200) In the case of metacualone or synthetic drugs, the penalty will be one (1) to three (3) years of imprisonment and a fine of two (2) to one hundred (100) monthly minimum legal wages.

If the quantity of drugs exceeds the maximum limits provided for in the previous paragraph without going from ten thousand (10,000) grams of marijuana, three thousand (3,000) grams of hashish, two thousand (2,000) grams of cocaine or cocaine based on cocaine or sixty (60) grams of poppy derivatives, four thousand (4,000) grams of metacualone or synthetic drug, the penalty will be four (4) to twelve (12) years of imprisonment and fine of ten (10) to one hundred (100) monthly minimum legal wages.

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ARTICLE 18. Article 34 of Law 30 of 1986 will thus remain:

ARTICLE 34. The person who unlawfully makes the use of movable or immovable property to produce, store or transport, sell or use any of the drugs referred to in Article 32 and/or authorize or tolerate such a destination shall be in prison for four (4) to 12 months. (12) years and a fine of 1,000 (1,000) to fifty thousand (50,000) monthly minimum legal wages, without prejudice to Articles 124 and 125 of Decree 522 of 1971 (Article 208, ordinal 5o and 214, ordinal 3or of the National Police Code).

If the amount of drugs does not exceed a thousand (1,000) grams of marijuana, three hundred (300) grams of hashish, one hundred (100) grams of cocaine or cocaine-based narcotic substance, twenty (20) grams of poppy derivatives or two hundred (200) In the case of metacualone or synthetic drugs, the penalty will be one (1) to three (3) years of imprisonment and a fine of two (2) to one hundred (100) monthly minimum legal wages.

If the amount of drugs exceeds the maximum limits provided for in the previous paragraph without going from ten thousand (10,000) grams of marijuana, three thousand (3,000) grams of hashish, two thousand (2,000) grams of cocaine or cocaine based on cocaine or sixty (60) grams of poppy derivatives or four thousand (4,000) grams of metacualone or synthetic drug, the penalty will be three (3) to eight (8) years imprisonment and fine of ten (10) to eight hundred (800) monthly minimum legal wages.

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ARTICLE 19. Article 40 of Law 30 of 1986 will thus remain:

ARTICLE 40. In the providence in which a measure of insurance is imposed for any of the crimes provided for in Articles 33, 34 and 43 of this Law, the judicial officer shall decree the seizure and preventive sequestration of the property of the union that is they are not seized on the occasion of the punishable act, in amounts which it considers sufficient to guarantee the payment of the fine provided for in those Articles, and shall appoint a person. Once the embargo and kidnapping have been enacted, both its practice and the system of formulation, decision and process of the opposition to it will be brought forward in accordance with the rules governing the matter in the Code of Civil Procedure.

In the conviction sentence, the auction of the seized and sequestered assets will be ordered in the process, for which the procedures prescribed in the Code of Civil Procedure will be taken into account.

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ARTICLE 20. Article 43 of Law 30 of 1986 will thus remain:

ARTICLE 43. The illegal entry into the country, either in transit or in transit, has in its possession elements that serve for the processing of cocaine or any other drug that produces dependence, such as: ethyl ether, acetone, Ammonia, potassium permanganate, light carbonate, hydrochloric acid, sulphuric acid, diluents, solvents or other substances which, according to the previous concept of the National Narcotics Council, are used for the same purpose, shall be in prison three (3) to ten (10) years and fine of two thousand (2,000) to fifty thousand (50,000) legal minimum wages monthly.

Except as provided for in Article 54 of Decree-Law 099 of 1991, adopted as permanent legislation by Article 1. Decree-Law 2271 of 1991, such elements, once they have been identified, will be placed by the judicial officer at the orders of the National Narcotics Directorate, which will be able to dispose of its immediate use by a official entity, its auction for duly substantiated legal purposes, or its destruction, if they involve serious danger to public health or safety.

When the quantity of substances does not exceed three times the number of those mentioned in the resolutions issued by the National Narcotics Directorate, the penalty will be two (2) to five (5) years in prison and a fine of ten (10) to one hundred (100) minimum wages. Monthly legal.

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ARTICLE 21. Add to article 209 of the Organic Statute of the Financial System, with the following paragraph:

PARAGRAFO. Where the acts of violation referred to in this Article are subject to the provisions of Chapter XVI of Part Three of the Organic Statute of the Financial System, the fine to be imposed shall be up to Fifty million pesos ($50,000,000,oo) in favor of the National Treasury. This sum shall be adjusted in the manner provided for in the first subparagraph of this Article.

This fine may be successive as long as the non-compliance of the standard is subsisting and shall apply without prejudice to the criminal penalties to which there is a place for each offence committed.

Additionally, the Banking Superintendent may require the immediate removal of the infringer and communicate this determination to all supervised entities.

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ARTICLE 22. Add to article 211 of the Organic Statute of the Financial System, with the following numeral:

3. Provisions on the prevention of criminal behaviour. Where the violation referred to in the first paragraph of this Article falls on the provisions of Chapter XVI of Part Three of the Organic Statute of the Financial System, the fine to be imposed shall be up to 1,000 millions of pesos ($1,000,000,000,oo).

Additionally, the Banking Superintendent will be able to order the establishment fined to allocate a sum of up to one billion pesos ($1,000,000,000,oo) to the implementation of corrective mechanisms of internal character to be agreed with the same control body.

These sums shall be adjusted in the manner provided for in the first subparagraph of this Article.

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ARTICLE 23. COOPERATIVE ENTITIES CARRYING OUT SAVINGS AND CREDIT ACTIVITIES. 9 of Law 1121 of 2006. The new text is as follows: > In addition to the higher-grade Cooperative entities that are under the supervision of the Financial Superintendence or who do their times, they will also be subject to the provisions of the href="organic_system_financial_pr003.html#102"> 102 to 107 of the Organic Statute of the Financial System, all cooperative entities that perform savings and credit.

For savings and credit cooperatives and the multi-active and integral cooperatives with savings and credit section monitored by the Superintendency of the Solidarity Economy, this supervisory body will regulate the provisions of the aforementioned agreements. Articles of the Financial Statute and may amend the amounts from which information relating to cash transactions shall be kept on record.

Credit and savings cooperatives and multi-active and integral cooperatives with savings and credit section, will be required to inform the UIAF of all the cash transactions in the article 103 of the Organic Statute of the Financial System, according to the instructions for the effect of the Superintendence of the Solidarity Economy.

Vigency Notes
Previous Legislation
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ARTICLE 24. Modify the literal (a) of the 1o numeral. Article 103 of the Organic Statute of the Financial System, which shall be:

a) The identity, signature, and address of the person physically performing the transaction. When the registration is carried out in electronic form, the signature shall not be required.

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ARTICLE 25. Article 104 of the Organic Statute of the Financial System, will be as follows:

ARTICLE 104. PERIODIC INFORMATION. Any financial institution shall regularly report to the Banking Superintendency the number of cash transactions referred to in the previous Article and its geographical location, in accordance with the instructions for the purpose of the Provide that body.

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ARTICLE 26. VALIDITY. This Law governs from the date of its promulgation and repeals all provisions that are contrary to it.

In particular, repeal the literals (e), (f) and (h) of Article 369-A, Article 369-B, and Article 369-E of the Criminal Procedure Code; Articles 10, 11, 12 and 13 of Act 104 of 1993; article 2or. of Law 241 of 1995; point 2o. Article 28 of the Penal Code as amended by Article 31 of Law 40 of 1993 and Article 41 of Law 30 of 1986.

Article 44 of Law 30 of 1986, Article 7o of Decree 180 of 1988, adopted as permanent legislation by Article 4 (1). of the Extraordinary Decree 2266 of 1991, Article 1. of Decree 1194 of 1989 adopted as permanent legislation by Article 6o. of Decree 2266 of 1991, the article 5o. of Law 40 of 1993 and paragraph 4. Article 32 of Law 40 of 1993, which amended Article 355 of the Criminal Code of 1980.

PARAGRAFO. As of the validity of this Law, only the benefits in collaboration with the justice provided for in Law 81 of 1993 may be granted in the terms in which it is amended by this Law.

Who at the time of entry into force of this Law would have requested from the competent judicial authorities the recognition of any of the benefits enshrined in other laws, as long as the budgets for their application, shall remain subject for the purpose of regulating such benefits to such normativity.

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 honourable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI

The Secretary of the Honourable House of Representatives,

DIEGO VIVAS TAFUR

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santafe de Bogota, D.C., a 21 de febrero de 1997.

ERNESTO SAMPER PIZANO

The Minister of Justice and Law

CARLOS EDUARDO MEDELLIN BECERRA

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