ACT 365 OF 1997
Official Gazette No. 42,987 of February 21, 1997
Whereby establishing rules designed to combat organized crime and other provisions. Summary
THE CONGRESS OF THE REPUBLIC DECREES
ARTICLE 1o. The fourth (4th) of Article 42 of the Penal Code paragraph will read:
"the 4th Prohibition of the exercise of an art, profession or trade, industry or commerce.".
. The Code of Criminal Procedure will have an Article 61-A, as follows:
ARTICLE 61-A. Cancellation of legal personality of companies or organizations dedicated to the development of criminal activities or closure of its premises or establishments open to the public. When at any time during the judicial officer finds shown to have engaged wholly or partially legal persons, companies or organizations to the development of criminal activities, order to which, prior competent authority compliance with the legal requirements for Proceed to the cancellation of its legal status or close its premises or establishments open to the public.
ARTICLE 3. Article 44 of the Penal Code shall read as follows:
ARTICLE 44. DURATION OF THE SENTENCE. The maximum length of the sentence is:
- Imprisonment for up to sixty (60) years.
- Arrest up to eight (8) years.
- Restriction home up to five (5) years.
- Interdiction 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 parental authority up to fifteen (15) years.
ARTICLE 4. Article 58 of the Penal Code shall read as follows:
ARTICLE 58. PROHIBITION OF EXERCISE OF AN INDUSTRY, TRADE, ART, profession or occupation. Whenever a crime to abuse the exercise of an industry, commerce, art, profession or occupation, or in contravention of the obligations of this exercise, the judge, resulting in imposing the penalty is committed, it may deprive the responsible right to exercise mentioned industry, commerce, art, profession or trade for a term of up to five years. "
the 5th ARTICLE. the Penal Code have an article number 63-a, as follows.
ARTICLE 63A. INCREASE bY pLACE oF COMMISSION oF OFFENCE. When the punishable act is intended or committed in whole or in part from inside a detention for whom private he was of his liberty, or wholly or partially outside the national territory, it is increase halfway, provided that such circumstance does not constitute an autonomous made punishable or element thereof
ARTICLE 6. Article 176 of the Criminal Code will have a paragraph as follows:...
PARÁGRAFO When help evade the authority or impede the investigation of offenses of extortion, illicit enrichment, kidnapping, trafficking of drugs, narcotics or psychotropic substances, the penalty shall be four (4) to twelve (12) years in prison. Effective Notes
ARTICLE 7. Article 177 of the Penal Code shall read as follows: ARTICLE 177.
receiving. Which without having taken part in the execution of a crime acquires, possesses, converts or transfers movable or immovable property indirectly from or immediately in a crime, or perform any other act to conceal or disguise their lawful origin, shall incur in imprisonment of one (1) to five (5) years and a fine of five (5) to five hundred (500) minimum monthly wages, provided that the act constitutes another more serious crime. Effective Jurisprudence
If the conduct is carried out on a good whose value exceeds one thousand (1,000) minimum monthly wages, deprivation of liberty shall be increased by one third to one half.
Article 8. Article 186 of the Penal Code shall read as follows: ARTICLE 186.
conspiracy. When several persons conspire to commit crimes, each of them will be punished for that fact alone, with imprisonment of three (3) to six. (6) years.
If they despoil or act weapons, the penalty is imprisonment of three (3) to nine (9) years.
When or conspiracy is to commit terrorist offenses, drug trafficking, kidnapping, extortion or to form death squads, vigilante groups or bands of sicarios the penalty shall be imprisonment of ten (10) to fifteen (15 ) years and a fine of two thousand (2,000) to fifty thousand (50,000) minimum monthly wages.
The penalty shall be doubled or tripled for those who organize, encourage, promote, direct, lead, constitute or finance the conspiracy or criminal association. Effective Notes
Article 9. Title VII of Book II of the Criminal Code will have a Third Chapter entitled "Money Laundering" with the following items:
ARTICLE 247-A. LAUNDERING. Who acquires, Safeguard, invest, transport, transform, safekeeping or manages assets that have indirectly from or immediate activities of extortion, illicit enrichment, kidnapping, rebellion or related to the trafficking of drugs, narcotics or psychotropic substances, it give goods from such activities the appearance of legality or legalizes, hides or disguises the true nature, origin, location, destination, movement or rights to such property, or perform any other act to conceal or disguise their illicit origin shall be liable for that fact alone, in imprisonment of six (6) to fifteen (15) years and a fine of five hundred (500) to fifty thousand (50,000) minimum monthly wages.
The same penalty shall apply when the conduct described in the preceding paragraph are carried out on goods that under paragraph of Article 340 of the Code of Criminal Procedure, have been declared illegal origin. PARAGRAPH 1.
. Money laundering is punishable even if the offense from which the goods, or the acts punished in the preceding paragraphs have been committed, wholly or partly abroad. PARAGRAPH 2.
. The penalties provided for in this Article shall be increased by one third (1/3) half (1/2) when to perform behaviors change operations or foreign trade were made, or goods were introduced into the national territory . PARAGRAPH 3.
. The increased penalty provided for in the preceding paragraph shall also apply where goods were smuggled into the country.
ARTICLE 247-B. OMISSION OF CONTROL. The employee or officer of a financial institution or a credit union, with the purpose of concealing or disguising the illicit origin of the money fails to comply with any or all of the control mechanisms established by Articles 103 and 104 of Decree 663 1993 for cash transactions will incur, ipso facto, to a prison term of two (2) to six (6) years and a fine of one hundred (100) to ten thousand (10,000) minimum monthly wages.
ARTICLE 247-C. SPECIFIC CIRCUMSTANCES OF INCREASE. The deprivation of liberty under Article 247-A shall be increased by one third to one half when the conduct is carried out by person belonging to a legal person, a company or an organization dedicated to money laundering and half to three quarters when they are developed by bosses, managers or officers of the aforementioned legal persons, companies or organizations.
ARTICLE 247-D. IMPOSING PENALTIES. If the facts set out in Articles 247-A and 247-B they be made by employer in any industry, manager, employee, manager or intermediary in the financial sector, securities or insurance as appropriate, public servant in the performance of their duties, in addition to the penalty, it shall be liable to the loss of public or official use or prohibiting the exercise of his art, profession or trade, industry or commerce as appropriate, for a period not less than three (3) years nor more than five (5).
ARTICLE 10. The literal d) of Article 369-A of the Code of Criminal Procedure shall read as follows:
d) Denunciation of leaders of criminal organizations accompanied by effective evidence of their responsibility.
ARTICLE 11. Article 37 of the Code of Criminal Procedure shall read as follows: ARTICLE 37. Plea
. Once the resolution which defines the legal status and even before the investigation is closed, the defendant may request that early judgment.
Made the request, the prosecutor, if necessary, extend the investigation and practice tests within a maximum period of eight (8) days. The charges brought by the prosecutor and its acceptance by the accused shall be entered in a record signed by those who have intervened.
The proceedings before the competent judge who, within ten (10) working days, issue a judgment on the facts and circumstances accepted shall be sent, whenever there has been no violation of fundamental rights.
The judge will dose the penalty applicable and the amount that will determine a decrease of one third (1/3) of it because of having accepted responsibility processing.
It may also dictate anticipated sentence, when uttered the indictment and even before that date for holding the public hearing the accused will accept criminal responsibility for all charges made are set there. In this case the rebate is an eighth (1/8) of the sentence.
ARTICLE 12. Article 37-B of the Code of Criminal Procedure shall read as follows:
ARTICLE 37B. COMMON PROVISIONS. In cases of articles 37 and 37-A of this Code, the following shall apply:
1. Concurrence of sales. The reduction of penalty under article 299 of this Code may be cumulated with that provided for in Article 37 or referred to in Article 37-A, but in no case may the latter accumulate each other.
2. Equivalence to the indictment. The minutes containing the charges accepted by the processing in the case of Article 37 or the minutes containing the agreement that Article 37-A refers to, are equivalent to the indictment.
3. Suspension of trial unit. In the case of several defendants or offenses, acceptances or partial agreements, in which case the unit will break procedure can be performed.
4. Interest to appeal. The sentence may be appealed by the prosecutor, the public prosecutor by the defendant and his counsel, although the latter two only for the dosage of the penalty, the surrogate of the suspended sentence, and the extinction of dominion over property .
5. Effective Jurisprudence
Article 13. Article 71 of the Code of Criminal Procedure will have a new paragraph as follows:
6. Processes for the crimes of conspiracy in the cases referred to in paragraph 3o. Article 186 of the Penal Code and processes for dealing offenses Articles 247-A and 247-B of the Penal Code. Effective Notes
Article 14. Article 340 of the Code of Criminal Procedure shall read as follows:
ARTICLE 340. TERMINATION OF THE RIGHT OF OWNERSHIP. By court ruling may nullify dominion over property acquired through illicit enrichment to the detriment of the public treasury assets or serious deterioration of social morality. To this end, the crimes covered by the National Narcotics Statute and the rules that modify or add, as well as offenses of simple kidnapping, kidnapping, extortion, money laundering and front men, crimes against economic and social 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, mutiny is considered to cause serious deterioration of social morality. In any case they remain intact the rights of bona fide third parties. Goods and resources over which the asset forfeiture 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 Narcotics Council.
PARÁGRAFO. In criminal investigations and proceedings conducted for crimes of extortion, kidnapping, front men, money laundering offenses under the National Narcotics Statute and the rules that modify or add, illicit enrichment of public officials or private individuals, embezzlement, interest illegal in the conclusion of contracts, contracts without legal, illegal printing money or effect or matched currency, illegal exercise of monopolistic activities or revenue measures, theft of effects and goods for security and national defense values, crimes against property that fall on state property, misuse of privileged information, use of matters subject to secrecy or confidentiality, the statement that a real or personal property is of illicit origin is independent of the criminal responsibility of the accused and the extinction of criminal action or penalty. In these cases it shall terminate ownership in accordance with the provisions of the law regulating this real action.
Unless the process is completed by demonstrating the absence of fact, the statement that a real or personal property is of illicit origin will be made in the restraining order, resolution of preclusion of the investigation, in order prohibiting procedure or in the judgment. In the same providence and with a view to the advancement of the process of extinction of ownership rights the preventive seizure and confiscation of assets of illicit origin declared will be ordered.
Article 15. Article 369-H of the Code of Criminal Procedure will have a paragraph as follows:
PARÁGRAFO. Whoever is convicted of the crime of aggravated conspiracy to organize, encourage, promote, manage, lead, constitute or finance the conspiracy or association, in competition with another crime, you will benefit from the anticipated sentence or special hearing and is entitled to rebates for confession and effective collaboration with justice, but in no case the penalty imposed may be less than the corresponding concrete without decreases for the most serious offense.
ARTICLE 16. The numeral 4o. Article 508 of the Code of Criminal Procedure, shall be as follows:
4. If they involve the prohibition of exercising industry, commerce, art, profession or trade, the cancellation of the document that authorizes it to exercise and officiate the authority which issued it be ordered.
ARTICLE 17. Article 33 of Law 30 of 1986 will read: ARTICLE 33.
without permission of competent authority, except as provided overdose for personal use, enter the country, whether in transit or kick him, transport, carry, store, conserve, develop, sell, offer, purchase, finance or provide to any drug title that produces dependence, be liable to imprisonment of six (6) to twenty (20) years and a fine of one hundred (100) to fifty thousand (50,000) minimum monthly wages.
If the amount of drug does not exceed one thousand (1,000) grams of marijuana, two hundred (200) grams of hashish, one hundred (100) grams of cocaine or a narcotic substance cocaine base or twenty (20) grams of derivatives poppy, two hundred (200) grams of methaqualone or synthetic drug, the penalty shall be one (1) to three (3) years' imprisonment and a fine of two (2) to one hundred (100) minimum monthly wages.
If the amount of drug exceeds the thresholds provided in the preceding paragraph not to exceed ten thousand (10,000) grams of marijuana, three thousand (3,000) grams of hashish, two thousand (2,000) grams of cocaine or narcotic substance based cocaine or sixty (60) grams of opium derivative, four thousand (4,000) grams of methaqualone or synthetic drug, the penalty shall be four (4) to twelve (12) years imprisonment and a fine of ten (10 ) to one hundred (100) minimum monthly wages.
ARTICLE 18. Article 34 of Law 30 of 1986 will read: ARTICLE 34.
illicitly allocate real or personal property to be developed therein, stored or transported, sold or used any of the drugs referred to in Article 32 and / or authorizes or tolerates them to that destination liable to imprisonment of four (4) to twelve (12) years and a fine of one thousand (1,000) to fifty thousand (50,000) minimum monthly wages, without subject to the provisions of articles 124 and 125 of Decree 522 of 1971 (Article 208 and 214 on the 5th ordinal, ordinal, 3rd of the National Police Code).
If the amount of drug does not exceed one thousand (1,000) grams of marijuana, three hundred (300) grams of hashish, one hundred (100) grams of cocaine or a narcotic substance cocaine base, twenty (20) grams of derivatives poppy or two hundred (200) grams of methaqualone or synthetic drug, the penalty shall be one (1) to three (3) years' imprisonment and a fine of two (2) to one hundred (100) minimum monthly wages.
If the amount of drug exceeds the thresholds provided in the preceding paragraph not to exceed ten thousand (10,000) grams of marijuana, three thousand (3,000) grams of hashish, two thousand (2,000) grams of cocaine or narcotic substance based cocaine or sixty (60) grams of opium derivative or four thousand (4,000) grams of methaqualone or synthetic drug, the penalty is three (3) to eight (8) years imprisonment and a fine of ten (10 ) to eight hundred (800) minimum monthly wages.
ARTICLE 19. Article 40 of Law 30 of 1986 will read:
ARTICLE 40. In the providence in which security measure imposed for any of the offenses under Articles 33, 34 and 43 this Act, the judicial officer shall order the preventive seizure and confiscation of property owned by the accused that are not already seized the occasion of the offense, in amount deemed sufficient to ensure payment of the fine provided for in such items, and designate hijack . Once the seizure and confiscation, both his practice and the regime formulation, decision and processing of oppositions to it, decreed will be brought forward under the rules governing the matter in the Code of Civil Procedure.
In the sentence the auction of properties seized and sequestered within the process will be ordered, for which the procedures prescribed in the Code of Civil Procedure shall be taken into account.
ARTICLE 20. Article 43 of Law 30 of 1986 will read: ARTICLE 43.
who illegally enter the country, whether in transit or kick it, transportation is in possession of elements that serve for processing cocaine or any other drug that produces dependence, such as ethyl ether, acetone, ammonia, potassium permanganate, light carbonate, hydrochloric acid, sulfuric acid, diluents, solvents or other substances that according to preliminary concept of the National Council Narcotics are used for the same purpose, shall be liable to imprisonment of three (3) to ten (10) years and a fine of two thousand (2,000) to fifty thousand (50,000) minimum monthly wages.
Except as provided in Article 54 of Decree Law 099 of 1991, adopted as permanent legislation by article 1. Decree Law 2271 of 1991, such elements, once expert opinion identified, will be made by the judicial officer orders of the National Narcotics Directorate, which may have immediate use by an official body, but his effort end lawful duly proven, or destruction, if they involve serious danger to public health or safety.
When the amount of substances does not exceed three times the number indicated in the resolutions issued by the National Narcotics Directorate, the penalty shall be two (2) to five (5) years imprisonment and a fine of ten (10) one hundred (100) minimum monthly wages.
hereby added to Article 209 of the Organic Statute of the Financial System, the following paragraph:
PARÁGRAFO. When violative acts referred to in this Article fall on the provisions contained in Chapter XVI of Part III of the Organic Statute of the Financial System, the fine imposed it may be up to fifty million pesos ($ 50.000.000.oo) to the National Treasury. This amount will be adjusted in the manner described in the first paragraph of this article.
This fine may be successively while there is a breach of the rule and is without prejudice to any criminal penalties that may be required for each violation.
In addition, the Banking Superintendent may require the immediate removal of the offender and report this determination to all supervised entities.
hereby added to Section 211 of the Organic Statute of the Financial System, the following paragraph:
three. Provisions concerning the prevention of criminal behavior. When the violation referred to in the first paragraph of this article falls on the provisions contained in Chapter XVI of Part III of the Organic Statute of the Financial System, the fine imposed may be up to one billion pesos ($ 1.000.000.000.oo ).
In addition, the Banking Superintendent may order the fined establishment to allocate an amount to one billion pesos ($ 1.000.000.000.oo) the implementation of corrective mechanisms of internal character to be agreed with the same body control.
These sums will be readjusted in the manner provided in the first paragraph of this article.
ENTITIES ARTICLE 23. PERFORMING COOPERATIVE SAVINGS AND CREDIT ACTIVITIES. In addition to the higher-level cooperatives entities under the surveillance of the Financial Superintendence or his substitute, they will also be subject to the provisions of Articles 102 to 107 of the Organic Statute of the Financial System, all cooperative entities that carry out activities savings and credit.
For credit union and multi active and integrated cooperatives with savings section and supervised by the Superintendency of Solidarity Economy credit, this supervisory body, shall regulate the provisions of those articles of the Financial Regulations and may modify the amounts from which must be made of the information regarding cash transactions.
The credit union and multi active and integrated cooperatives with savings and credit section, must inform the UIAF all cash transactions of which Article 103 of the Organic Statute of the Financial System, according to the instructions to the effect imparts the Superintendency of Solidarity Economy. Effective Notes
ARTICLE 24. Amend paragraph a) of paragraph 1o. Article 103 of the Organic Statute of the Financial System, which will read:
a) The identity, signature and address of the person physically perform the transaction. When the register is kept in electronic form, signature is not required.
Article 25. Article 104 of the Financial System Organic Statute shall read as follows: ARTICLE 104.
PERIODIC INFORMATION. Every financial institution must report regularly to the Banking Superintendency the number of cash transactions in the preceding article and its geographical location is concerned, according to the instructions imparted to the effect that body.
ARTICLE 26. EFFECTIVE DATE. This Law governs from the date of its enactment and repeal all provisions that are contrary.
In particular, Derogate paragraphs e), f) and h) of Article 369-A, 369-B section and subsection of article 369-E of the Code of Criminal Procedure; Articles 10, 11, 12 and 13 of Law 104 of 1993; article 2. Act 241 1995; the clause 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.
Subróganse Article 44 of Law 30 of 1986, article 7 of Decree 180 of 1988 adopted as permanent legislation by Article 4th. Extraordinary Decree 2266 of 1991, article 1. Decree 1194 of 1989 adopted as permanent legislation by Article 6. Decree 2266 of 1991, article 5. Act 40 of 1993 and paragraph 4o. Article 32 of Law 40 of 1993 which amended Article 355 of the Penal Code of 1980.
PARÁGRAFO. From the effective date of this Act may only be granted the benefits of collaborating with justice under Law 81 of 1993, in the terms in which it is amended by this Act.
About the time of entry into effect this law had applied to the competent judicial authorities recognize any of the benefits embodied in other laws, as long as the budgets for implementation are given, they remain subject to effects of regulation of such benefits such regulations.
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 MAZZILLI
the Secretary of the honorable House of Representatives, DIEGO VIVAS TAFUR
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Bogota, DC, on 21 February 1997.
Ernesto Samper Pizano Minister of Justice and Law CARLOS EDUARDO MEDELLIN BECERRA