By Establishing Rules Alternativity Enshrined In The Criminal And Penitentiary Legislation And Other Provisions Aimed Dictate To Decongest Prisons In The Country

Original Language Title: Por la cual se consagran normas de alternatividad en la legislación penal y penitenciaria y se dictan otras disposiciones tendientes a descongestionar los establecimientos carcelarios del país

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1997 ACT 415

(December 19)

Official Journal No. 43,199 of 23 December 1997

By which rules of alternation are enshrined in penal and penal legislation and other provisions are dictated to decongest the country's prison facilities.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. The Criminal Code will have a new article 72-A of the following tenor:

ARTICLE 72A. Except for the offenses of: Illicit Enrichment; aggravated homicide or aggravated personal injury by virtue of Causals 2, 4, 5, and 8 of Article 30 of the Law 40 of 1993; kidnapping, extortion; qualified theft; the intentional crimes provided for in Law 30 of 1986; the offences provided for in Decree-Law 2266 of 1991, except those of illegal carrying of personal defense weapons, interception of correspondence official, illegal use of uniforms or insignia and personal or family threats; the offences provided for in Law 190 of 1995, except for the sake of giving or offering, prevaricate and the misuse of inside information; the offences provided for in Law 360 1997 and in Law 365 of 1997; and the offences connected with all previous ones, which will continue under the regime of Article 72 of the Criminal Code, for other crimes the benefit of probation grant as follows:

The judge will grant probation to the sentenced to a custodial sentence of more than three (3) years, when he has served three fifths (3/ 5) of the sentence, provided that he has observed good conduct in the establishment Prison.

PARAGRAFO. Unless there is an existing capture order against you, the probation benefit cannot be denied by taking into account the criminal record or circumstances taken into account in the statement for Dose the sentence or deny the sentence of conditional execution.

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ARTICLE 2o. Law 65 of 1993 will have a new article 99A of the following tenor:

ARTICLE 99A. COMMUNITY WORK. Those sentenced to prison or arrest sentences who do not exceed four (4) yearsmay develop community maintenance, toilet, public works, ornato or reforestation works in the urban or rural area of the city or municipality of the respective prison or prison. The time spent on such activities will pay the penalty in the terms provided for in Law 65 of 1993.

For the purpose, the Director of the respective prison or prison facility, may agree and fix with the Municipal Mayor the conditions of the provision of service and surveillance for the development of such activities.

The inmates dedicated to the tasks mentioned must stay in the respective prison or prison centers.

The National Government will regulate the matter within three (3) months of the current law.

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ARTICLE 3o. Law 65 of 1993 will have a new article 147A of the following tenor:

ARTICLE 147A. LEAVE OF DEPARTURE. The Regional Director of the INPEC may grant leave without surveillance for fifteen (15) continuous days and without exceeding sixty (60) days per year, the sentenced person who is denied the benefit of freedom conditional, provided that the required requirements are given:

1. Have observed good conduct in the seclusion center in accordance with the certification that for the purpose issue the respective Disciplinary Board, or who does its times.

2. Have served at least four-fifths (4/ 5) of the conviction.

3. Do not have current capture order. Without prejudice to the criminal or disciplinary liability to the judicial officer, the sentenced person shall be deemed to be without warrants, for the purposes of this benefit only, if 30 days have elapsed. the request for information to the competent authorities has not been obtained.

4. Do not record leakage or attempt from it during the development of the process or execution of the sentence.

5. Having worked, studied or taught during the period of imprisonment.

The convicted person who will observe misconduct in use of the permit referred to in this provision or will delay his submission to the prison establishment without a fair cause may not be deserving of this benefit during the six (6) months next, or definitely if you incur another crime or special police violation.

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ARTICLE 4o. Law 65 of 1993 will have a new article 147B of the following tenor:

ARTICLE 147B. In order to strengthen the family unit and seek social rehabilitation, the Regional Director of the INPEC may grant leave for the weekends, including public holidays, to the sentenced person who He is denied the benefit of probation and has served the four fifths (4/ 5) of the sentence, provided that the requirements set out in the previous article are met.

These permissions will be granted every two (2) weeks and for the period of the time of the conviction.

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ARTICLE 5o. Vigency. This Law governs from the date of its promulgation.

The President of the Honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogotá, D. C., at 19 December 1997.

ERNESTO SAMPER PIZANO

The Minister of Justice and Law,

ALMABEATRIZ RENGIFO LOPEZ.

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