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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ACT 415 OF 1997
(December 19)
Official Gazette No. 43,199 of December 23, 1997
Whereby alternativity rules enshrined in the criminal and penitentiary legislation and other provisions designed to decongest dictate the country's prisons. Summary

Term Notes

ARTICLE 1o. The Criminal Code will have a new Article 72-A as follows:
Article 72A. Except for the crimes of: Illicit enrichment; aggravated homicide or personal injury aggravated by virtue of causal 2, 4, 5 and 8 of Article 30 of Law 40 of 1993; kidnapping, extortion; aggravated theft; intentional offenses under Law 30 of 1986; offenses under Decree Law 2266 of 1991, excluding those of illegal possession of weapons of self-defense, intercepting official correspondence, illegal use of uniforms or badges and personal or family threats; offenses under Law 190 of 1995, except for giving or offering bribery, malfeasance and misuse of inside information; offenses under Law 360 of 1997 and Law 365 of 1997; and related offenses all of the above, which will continue under the regime of Article 72 of the Criminal Code for other offenses the benefit of parole shall be granted as follows:
The judge granted parole to convicted deprivation of greater freedom of three (3) years' imprisonment, when he has completed three-fifths (3/5) of the sentence, provided it has good behavior in the prison establishment.
PARAGRAFO. Unless there is valid arrest warrant against him, you can not be denied the benefit of parole serving criminal record or circumstances taken into account in the decision to dispense it or deny conditional sentence. Effective Jurisprudence

Article 2.
. Law 65 of 1993 will have a new article 99A as follows:
Article 99A. COMMUNITY WORK. Those sentenced to imprisonment or imprisonment not exceeding four (4) years may develop community service work, toilet, public works, beautification and reforestation in urban or rural perimeter of the city or municipality seat of the respective detention center or prison. The time spent on such activities shall redeem it in the terms established by Law 65 of 1993.
For this purpose, the Director of the respective prison or detention center, resolve and fix with the Mayor conditions of the provision of service and monitoring for the development of such activities.
Internal dedicated to the work outlined must stay overnight in the respective prison or prisons.
The National Government will regulate the matter within three (3) days following the effective date of this law months. Effective Jurisprudence

ARTICLE 3o. Law 65 of 1993 will have a new Article 147A follows:
Article 147A. EXIT PERMIT. The Regional Director of Inpec may grant exit permits unattended for fifteen (15) calendar days and not to exceed sixty (60) days per year, the condemned man who is denied the benefit of parole, provided they are given the sigientes requirements:
1. Have good behavior in the detention center in accordance with the certification for the purpose by the respective Board of Discipline, or his substitute.
2. He has completed at least four-fifths (4/5) of the sentence.
3. Not having valid arrest warrant. Without prejudice to any criminal or disciplinary responsibility that will assist the court official, it means that the convicted lacks arrest warrants, solely for purposes of this benefit, if within 30 days of the request for information to the competent authorities have been filed, no it has been answered.
4. Not register or attempt to escape her during process development or execution of the judgment.
5. He has worked, studied or taught during the period leading confinement.
A sentenced observare misconduct permit use of this provision concerns or delays submission to the prison facility without just cause, may not be worthy of this benefit during the six (6) months, or permanently if incurs another crime or violation of special police. Effective Jurisprudence

. Law 65 of 1993 will have a new section 147B reads as follows:

ARTICLE 147B. In order to strengthen the family unit and ensure social rehabilitation, the Regional Director of Inpec may grant exit permits for the weekend, including Bank Holiday Monday, the condemned man who falls refused the benefit of parole and has fulfilled the four-fifths (4/5) of the sentence, provided that the requirements mentioned in the previous article are satisfied.
These permits will be granted every two (2) weeks and for the remaining period of the sentence. Effective Jurisprudence

The 5th ARTICLE. Validity. This Law governs from the date of its enactment.
The President of the Senate of the Republic,
The Secretary General of the Senate of the Republic,
THE President of the Chamber of Representatives,
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
published and execute.
Given in Santa Fe de Bogota, DC, 19 December 1997.

Ernesto Samper Pizano Minister of Justice and Law, Almabeatriz

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