Act 450 1998

Original Language Title: LEY 450 de 1998

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450 OF 1998

(August 4)

Official Journal No 43,360 of 11 August 1998

By means of which the "Agreement on legal assistance and judicial cooperation, mutual between the Government of the Republic of Colombia and the Government of the Republic of Panama" is approved, made in the city of Panama 19 (19) of November

thousand nine hundred and ninety-three (1993).

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the "Agreement on Legal Assistance and Mutual Judicial Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Panama", made in Panama City on 19 November (19) Ninety-three (1993), which to the letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

" AGREEMENT ON LEGAL ASSISTANCE AND MUTUAL JUDICIAL COOPERATION

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE

GOVERNMENT OF THE REPUBLIC OF PANAMA.

The Government of the Republic of Colombia and the Government of the Republic of Panama;

Encouraged to intensify legal assistance and cooperation in criminal matters;

Acknowledging that the fight against crime requires the joint action of the States;

Taking into consideration the bonds of friendship and cooperation that unite them as neighboring countries;

In observance of the constitutional, legal and administrative norms of their States, as well as respect for the principles of International Law, in particular of sovereignty, territorial integrity and non-intervention;

Eager to bring forward joint actions for the prevention, control and repression of crime in all its forms, through the coordination of actions and implementation of concrete programs; and to speed up the traditional mechanisms of legal assistance and judicial;

Aware of the increase in criminal activity in border areas, the widest cooperation is agreed upon, in accordance with the following procedure:

ARTICLE 1o. OBJECT OF ASSISTANCE. The Parties, in accordance with the provisions of this Agreement and with strict compliance with their respective legal systems, undertake to:

1. Provide legal and judicial assistance in a reciprocal manner.

2. The increased collaboration on the expulsion, deportation and delivery of foreign-persecuted aliens who are irregularly located in the border area of the States Parties.

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ARTICLE 2o. APPLICATION AND SCOPE OF ASSISTANCE.

1. The Parties shall assist each other in the exchange of information and evidence, investigations, trials and criminal proceedings.

Such assistance shall include, inter alia, the following acts:

(a) Practice and remission of the evidence and judicial proceedings requested;

(b) Issuance of documents and information in accordance with the terms and conditions of this Agreement;

c) Notification of providences, cars, and statements;

d) Localization and voluntary movement of persons for the purposes of this agreement, as witnesses or experts;

e) Proceed for the execution of court orders dealing with the freezing and confiscation of goods, products and instruments with which the offence has been committed or which come from its execution, in accordance with the national law of the Required Status;

(f) The Requested State shall make a special consideration in deciding with the Requesting State how the goods subject to the confiscation will be distributed as well as, if necessary, the proceeds of their sale, between the two Parties. The above, taking into account the degree of collaboration contributed, as well as the information provided;

g) Facilitate the entry and permit the freedom of internal mobility in the territory of the Requested State to officials of the Requesting State, after authorization from the competent authorities of the Requested State, in order to assist the practice of the actions described in this Agreement, provided that the internal order of the Requested State so permits;

h) Any other assistance agreed between the Parties.

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ARTICLE 3o. ASSISTANCE AT THE BORDER. In addition to the legal and judicial assistance described in Article II, the Parties undertake to provide the most extensive collaboration in the border area, in the following terms:

1. The national of one of the Parties who is requested by the judicial authorities of his country, by virtue of a measure that implies his deprivation of liberty, and which, in order to avoid it, has entered the border area of the other State Party, shall be deported or expelled from the territory of the State where it is located, by the competent authorities, and driven to the border for delivery to the agents of the Requesting State.

The previous procedure will be carried out in accordance with the Extranjería Regime in force in each State, so that the rights and guarantees of the affected are always respected.

2. Received a request for assistance, by the central authority of one of the States Parties, the latter shall communicate that requirement in an expeditious manner to the officials responsible for immigration control, sending the relevant documentation to the (a) to give the applicant State authorities the right to give their tender as soon as possible, for the adoption of the expulsion or deportation and delivery measures from abroad.

For these purposes, they shall act as central authorities as referred to in Article IV of this Agreement.

3. For the purposes of the assistance referred to in this Article, the border area shall be defined by both Parties.

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ARTICLE 4. CENTRAL AUTHORITIES. The requirements for assistance under this agreement shall be made through the competent central authorities, as set out in this statement:

1. For the Republic of Panama the central authority shall be the Ministry of Government and Justice.

2. a) By the Republic of Colombia the competent central authority shall be the Office of the Prosecutor General of the Nation;

b) For procedures relating to the freezing of assets, confiscation of property and the proceeds of illicit activities or related to such activities, which are carried out as a result of this agreement, the Office of the Prosecutor General of the Nation inform the Minister of Justice and the Law of such requirements.

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ARTICLE 5o. DOUBLE INCRIMINATION PRINCIPLE.

1. Assistance shall be provided where the fact that the origin is punishable under the legislation of both States.

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ARTICLE 6o. CONFIDENTIALITY.

1. The Requested State shall keep the assistance requirement in reserve, unless its lifting is necessary to execute the requirement.

2. If, for the fulfilment or execution of the requirement, the lifting of the reservation is necessary, the Requested State shall request its approval from the Requesting State, without which the requirement shall not be enforced.

3. The Requesting State shall maintain the confidentiality of the evidence and information provided by the Requested State pursuant to this Agreement, unless its lifting is necessary for the investigation or procedures described therein. requirement.

4. The Requesting State shall not use for purposes other than those declared in a requirement, evidence or information obtained as a result of it, without the prior consent of the Requested State.

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ARTICLE 7o. REFUSAL OF ASSISTANCE. The central authority of the Requested State may refuse assistance when in its judgment:

(a) The request for assistance is contrary to its legal order or does not conform to the provisions of this agreement;

b) Consider that the completion of an application may hinder an ongoing criminal investigation or prosecution in that State. However, the granting of such request for assistance may be deferred or conditional on the manner in which it is deemed necessary. In such a case, the central authority of the Requested State shall notify the Central Authority of the Requesting State;

(c) The request for assistance relates to a crime in respect of which the person has been cleared of criminal liability definitively, or has been sentenced to death;

(d) The investigation has been initiated for the purpose of processing or discriminating in any form a person or groups of persons for reasons of race, sex, social status, nationality, religion or ideology;

e) The granting of assistance could affect the public order, sovereignty, security or fundamental public interests of the Requested State;

In any event, the Requested State shall inform the Requesting State in writing of the refusal of assistance.

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ARTICLE 8o. FORMAL REQUIREMENTS.

1. Requests for assistance should be made in writing and contain the following information:

(a) The competent authority that is responsible for the investigation or the process;

b) Purpose of the request and description of the assistance requested;

(c) Description of the facts that constitute the crime subject to the assistance, in accordance with the legislation of the Requesting State. The text of the relevant legal provisions must be attached or transcribed;

d) Detail and foundation of any particular procedure that the Requesting Party wishes to follow;

e) The term within which the Requesting State wants the request to be fulfilled.

2. Depending on the nature of the assistance requested, it will also be included:

(a) The information available on the identity and residence or address of the person to be located;

(b) The identity and residence or domicile of the person to be summoned or notified and the relationship that the person has with the process;

(c) The identity and residence or domicile of the persons who are requested for the practice of testing;

d) The description of the place object of record and the objects to be apprehended;

e) A description of the goods in respect of which the immobilization or confiscation is requested, or which is considered to be available for immobilization or confiscation, and their relationship with the person against whom a detention or seizure is initiated judicial proceedings;

f) When applicable, a statement of the sum to be immobilized and seized;

g) Any other information that is required for the execution of the request.

3. If the Requested State considers that the information contained in the request is not sufficient to permit compliance with it, it may request additional information from the Requesting State.

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ARTICLE 9o. DELIVERING DOCUMENTS AND OBJECTS.

1. Any document, record or object that has been given to the Requesting State, under the terms of this agreement, shall be returned to the Requested State once the commission for which it was requested is fulfilled, within the shortest time possible, unless the Requested State renounces this right expressly.

2. Both Parties shall protect the interests that third parties in good faith may have on the objects that are delivered pursuant to a request for assistance.

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ARTICLE 10. LIMITATIONS ON THE USE OF THIS AGREEMENT.

1. The Requesting State shall not use any information or evidence obtained through this agreement for purposes other than those declared in the application without prior consent of the Requested State.

2. This agreement does not empower the Parties to execute, in the territory of the State where the proceedings are carried out, functions reserved exclusively to the authorities of that State in accordance with its domestic law.

3. This agreement will not apply to:

a) The detention of persons in order to be extradited or to extradition requests;

a) The transfer of criminal proceedings;

b) The transfer of prisoners in order to comply with criminal sentences;

c) Assistance to individuals or third countries.

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ARTICLE 11. RUNNING THE REQUEST FOR ASSISTANCE.

1. In accordance with this agreement, the evidence to be carried out by the authorities of the Require Party shall be carried out in accordance with the legal order of this State. The assessment of such evidence shall be governed by the internal order of the Requesting Party.

2. The requested State shall fix the date and place of execution of the request for assistance and shall inform the Requesting State, if any.

3. The State Required in accordance with its domestic law and at the request of the Requesting Party may receive a sworn declaration of persons within a process to be followed in the Requesting State and request the evacuation of the necessary evidence of compliance with the procedures specified in the request.

4. The questioning must be submitted in writing, and the Requested State after evaluating it, will decide whether to proceed or not.

5. For evidentiary purposes, the Requested State may, at the request of the Requesting Party, provide copies of official documents, antecedents, or information to be reposed in a governmental agency or agency of that State.

6. The tests carried out by the competent authorities of the Requested State, in originals or authenticated copies, shall be transferred to the Requesting Party through the central authority defined in this Agreement.

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ARTICLE 12. NOTIFICATION AND DELIVERY OF DOCUMENTS.

1. At the request of the Requesting Party, and to the extent possible, the Requested State shall be diligent in any summons, notification or delivery of documents relating to or forming part of a request for assistance in accordance with its legal order.

2. The Requested State shall return a record of having performed the due diligence, according to the request for assistance.

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ARTICLE 13. APPEARANCE OF WITNESSES AND EXPERTS.

1. At the request of the Requesting State, any person who is in the territory of the Requested State may be notified or summoned to appear or report to the competent authority to provide evidence or to provide documents, background or evidence, in accordance with the legislation of the Requested State.

2. Upon request of the Requesting State, the Central Authority of the Requested State shall inform in advance the date and place of receipt of the testimony or the expert evidence.

3. Where the Requesting State requests the appearance of a person on its territory, to testify or report, the Requested State shall cite or notify the witness or expert to appear voluntarily before the competent authority of the State. Requesting and without using any binding or coercive measures. If the central authority of the Redeemed Party is deemed to be necessary, it shall state in writing the consent of the person to appear in the Requesting State. The central authority of the Requested State shall promptly inform the Central Authority of the Requesting of such response.

4. If the person cited or notified to appear or report or provide documents in the Requested State will invoke immunity, incapacity or privileges under the laws of the Requesting State, his claim will be made known to him in order to resolve the relevant.

5. The Requested State shall send to the Requesting Party a record of having made the notification or citation, detailing the manner and date of its completion.

The State to which the witness or expert is transferred, when such person has agreed to cooperate with a request for assistance, shall ensure their personal security.

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ARTICLE 14. TEMPORARY WARRANTY.

1. No person summoned or notified to appear as a witness or expert in the territory of the Requesting State in compliance with a request for assistance may be syndicated or prosecuted, detained or subject to any restriction of his or her personal freedom by reason of the acts or omissions which he has committed before his departure to the Requesting State.

2. The security referred to in this Article, except fortuitous case or force majeure, shall lapse if ten (10) days after having notified the person who has complied with the diligence for which it was requested, do not leave the Requesting State, or that, Having done so, return by your will to that State.

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ARTICLE 15. OF OTHER PROBATIVE MEASURES. The Parties may agree to carry out other evidentiary measures as referred to in their national law and which have not been mentioned in this agreement. Such proceedings shall be dealt with and executed in accordance with the provisions of this Agreement.

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ARTICLE 16. COST.

1. The ordinary expenses incurred in the execution of an application shall be borne by the Requested State, unless the States have decided otherwise. Where substantial or extraordinary expenditure is required for this purpose, the Member States shall consult each other in order to determine the terms and conditions under which the application is to be complied with, as well as the manner in which the expenditure shall be borne.

2. The fees of experts, travel expenses, accommodation and incidental expenses of witnesses or experts to be transferred pursuant to a request for assistance, including those of the officials accompanying them, shall be borne by the State Applicant.

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ARTICLE 17. FINAL PROVISIONS. The central authorities shall hold consultations on agreed dates in order to assess the assistance provided in the development of this agreement.

The assistance and formalities provided for in this Agreement are not intended to prevent either Party from assisting the other Party in accordance with the provisions of other international agreements of which it is a Party or its internal legislation. The Parties may also provide assistance in accordance with any other applicable bilateral agreement, treaty, agreement or practice.

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ARTICLE 18. VALIDITY AND TERMINATION.

1. Any dispute arising out of the interpretation or application of this Agreement shall be settled between the central authorities and in the event of failure to reach an agreement, consultations between the two Parties shall be used.

2. This Agreement shall enter into force on the sixty (60) days from the date on which the Contracting Parties communicate by diplomatic note the fulfilment of their internal requirements.

3. This agreement may be denounced by one of the Parties at any time, by means of a diplomatic note which shall have effects six (6) months after the date of receipt by the other Contracting Party.

Subscribed in Panama City, at nineteen (19) days of November 1993, in two copies, each in Spanish, both texts being equally valid and authentic.

By the Government of the Republic of Colombia,

NOEMI SANIN DE RUBIO,

The Foreign Minister,

ANDRÉS GONZÁLEZ DÍAZ.

The Minister of Justice and Law,

By the Government of the Republic of Panama,

JOSE RAUL MULINO.

The Foreign Minister,

JUAN B. CHEVALIER BRAVO. "

The Minister of Government and Justice,

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., June 18, 1997.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

ERNESTO SAMPER PIZANO

MARIA EMMA MEJIA VELEZ.

The Foreign Minister,

DECRETA:

ARTICLE 1o. Approve the "Agreement on Legal Assistance and Mutual Judicial Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Panama", made in Panama City on the nineteenth (19) of November of a thousand nine hundred and ninety-three (1993).

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944, the "Agreement on Legal Assistance and Mutual Judicial Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Panama", made in Panama City on November 19 (19) three (1993), as per Article 1. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.

ARTICLE 3o. This law governs from the date of its publication.

AMYLKAR ACOSTA MEDINA

The President of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The Secretary General of the honorable Senate of the Republic,

CARLOS SQUIRLA BALLESTEROS.

The President of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

The Secretary General of the honorable House of Representatives,

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND COMPLY.

Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, 4 August 1998.

ERNESTO SAMPER PIZANO

CAMILO REYES RODRIGUEZ.

The Foreign Minister,

ALMABEATRIZ RENGIFO LOPEZ.

The Minister of Justice and Law,

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