Act 452 1998

Original Language Title: LEY 452 de 1998

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ACT 452 OF 1998
(August 4)
Official Journal No 43360 of 11 August 1998
Through which the "Agreement on judicial cooperation in criminal
between the Government approved of the Republic of Colombia and the Government of the Republic of Paraguay
"made in Santa Fe de Bogota,
thirty-one (31) of July in 1997 (1997). Summary

Term Notes
THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement on judicial cooperation in criminal matters between the Government of the Republic of Colombia and the Government of the Republic of Paraguay", made in Santa Fe de Bogota, DC, thirty-one (31) of July in 1997 (1997), which reads:
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Chief is attached the Legal Office of the Ministry of Foreign Affairs).
'JUDICIAL COOPERATION AGREEMENT IN CRIMINAL MATTERS BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF PARAGUAY
The Government of the Republic of Colombia and the Government of the Republic of Paraguay, hereinafter "the Parties ";
Considering the ties of friendship and cooperation that unite them;
Considering that the fight against crime requires joint action by States and is a shared responsibility of the international community;
Aware that strengthening mechanisms for judicial cooperation and mutual assistance is needed to prevent the increase in criminal activities;
Eager to advance joint action to prevent, control and suppress crime in all its manifestations;
In observance of constitutional, legal and administrative norms of their States and respect for the principles of international law, especially sovereignty, territorial integrity and nonintervention in internal affairs, and taking into consideration the recommendations of the United Nations on the matter;
Agreed as follows: CHAPTER I.

GENERAL PROVISIONS.
ARTICLE 1o. AREA OF APPLICATION.

1. This Agreement is aimed at mutual legal assistance in criminal matters between the competent authorities of the Parties.
2. Parties mutual assistance in accordance with the provisions of this Agreement and in strict compliance with their legal systems, for crime investigation and judicial cooperation in criminal matters related procedures will be provided.
3. This Agreement shall not empower authorities or individuals of the requesting party to undertake in the territory of the Requested Party functions, according to domestic laws, are reserved to the authorities, except in the case provided for in Article 13, paragraph 3.
4. This Agreement shall not apply to:
a) The detention of persons in order to be extradited or extradition requests;
B) The transfer of sentenced persons for the purpose of complying sentence;
C) Assistance to individuals or third States.
Article 2.
. SCOPE OF ASSISTANCE. The assistance includes:
a) Service of Process;
B) Receipt and production or taking of evidence, such as testimony and statements, appraisals and inspections of persons, property and places;
C) Location and identification of persons;
D) Notification of persons and experts to appear voluntarily to give evidence or testimony in the Requesting Party;
E) Transfer of detainees in order to appear voluntarily as witnesses in the requesting Party or for other purposes expressly indicated in the application in accordance with this Agreement;
F) Precautionary measures on goods;
G) Compliance with other requests concerning property, including the eventual transfer of value of goods seized definitively;
H) Submission of documents and other test objects;
I) seizure and confiscation of property for purposes of compliance with compensation and fines imposed by court criminal judgment;
J) Any other form of assistance in accordance with the purposes of this Agreement as long as they are not inconsistent with the laws of the Requested State.

ARTICLE 3. CENTRAL AUTHORITIES.

1. Each of the Parties shall designate the Central Authority to submit and receive requests that are the subject of this Agreement.
2. To this end the Central Authorities shall communicate directly with them and submit requests to their respective authorities.
3. The Central Authority for the Republic of Paraguay will be the Ministry of Justice and Labour.

4. Central Authority for the Republic of Colombia shall: With regard to requests sent to Colombia assistance shall be the Attorney General's Office and in relation to requests for judicial assistance made by Colombia, the Central Authority shall be the Attorney General of the Prosecutor or the Ministry of Justice and law.

ARTICLE 4. AUTHORITIES FOR THE REQUEST FOR ASSISTANCE. Requests by a Central Authority in accordance with this Agreement transmitted will be based on requests for assistance from competent authorities of the requesting Party responsible for the prosecution or investigation of crimes.

The 5th ITEM. REFUSAL OF ASSISTANCE.
1. The requested Party may refuse assistance if:
a) the request relates to an offense as such under military law but not in the ordinary criminal law;
B) The request relates to an offense in the Requested Party is classified as political or connected with it and made for political purposes;
C) The person in respect of which the measure is sought has been acquitted or has served his sentence in the Requested Party for the offense mentioned in the request.
However, this provision can not be invoked to deny assistance in relation to others;
D) Compliance of the application is contrary to the security or public order of the requested Party.
2. If the Requested Party refuses assistance, it shall inform the requesting Party through its Central Authority, stating the reasons on which it is based, except as provided in Article 12, 1, letter b).
3. The Competent Authority of the Requested Party may refuse, condition or suspend the performance of the application, when considered impeding ongoing criminal proceedings in their territory.
On these conditions the Requested Party shall consult the requesting Party through the Central Authorities and, if the Requesting Party will accept conditional aid, the request shall be executed in the manner proposed.
CHAPTER II.
COMPLIANCE WITH APPLICATIONS.

ARTICLE 6o. FORM AND CONTENT OF THE APPLICATION.

1. The request for assistance must be made in writing.
2. If the application is sent by telex, facsimile, electronic mail or other equivalent means, the original documents signed by the Requesting Party shall be submitted within 30 days of its formulation, in accordance with the provisions of this.
3. The request shall contain the following information:
a) Identification of the Competent Authority of the Requesting Party;
B) Description of the issue and the nature of the legal proceedings, including the offenses to which it refers;
C) description of the measures requested assistance;
D) Reasons why the measures are requested;
E) Text of the applicable law;
F) Identity of persons subject to legal proceedings, as they are known;
G) Term within which the Requesting Party wishes the request to be met.
4. Where necessary, and as far as possible the application shall also include:
a) Information on the identity and address of the person whose testimony is sought;
B) The identity and address of the persons to be notified and their relationship to the process;
C) Information on the identity and whereabouts of the persons to be located;
D) the exact description of the place to inspect and identify the person to be examined as well as the property subject to an injunction or forfeiture;
E) text questions to be formulated for the reception of the testimony in the Requested Party, as well as describing how should recepcionarse and register any testimony or statement;
F) Description of how and special procedures under which applications must comply, if they are required;
G) Information on the payment of costs to be allocated to the person whose presence is requested by the Requested Party;
H) Where necessary and appropriate, the indication of the authorities of the requesting Party to participate in the process taking place in the Requested Party;
I) Any other information that may be useful to the Requested Party to facilitate the execution of the request.

ARTICLE 7. APPLICABLE LAW.

1. Fulfilling requests be made according to the law of the Requested Party and in accordance with the provisions of this Agreement.
2. At the request of the Requesting Party, the Requested Party shall execute the assistance in accordance with the special forms and procedures indicated in the request, unless they are incompatible with its domestic law.


Article 8. CONFIDENTIALITY AND LIMITATIONS ON THE USE OF INFORMATION.

1. The Requested Party shall keep reserves the request for judicial assistance, unless its disclosure is necessary to meet the requirement.
2. If for compliance with the requirement necessary to lift the reservation, the Requested Party shall request approval to the Requesting Party, by written communication, without which the application will not be fulfilled.
3. The competent authority of the Requested State may request that information or evidence obtained under this Agreement be kept confidential, in accordance with the conditions specified. In this case, the Requesting Party shall observe such conditions and if you can not accept, notify the Requested Party, which will ultimately decide on the request for cooperation.
4. The Requesting Party may only use information or evidence obtained under this agreement in the investigation or proceeding indicated in the request.

Article 9. DEADLINES FOR APPLICATION PROCESS.

1. The Central Authority of the Requested Party shall report within a reasonable time on the processing of the application.
2. The Central Authority of the Requested Party promptly inform the result of the execution of the request and send all the information and evidence obtained to the Central Authority of the Requesting Party.
3. Where he can not fulfill the request, in whole or in part, the Central Authority of the Requested Party shall immediately inform the Central Authority of the Requesting Party and inform the reasons why it was not possible compliance.

ARTICLE 10. COSTS. The Requested Party shall provide for the cost of filling out the application. The Requesting Party shall pay the expenses and fees for the expert reports, transcripts and extraordinary expenses resulting from use of forms or procedures and the travel expenses of the persons mentioned in Articles 14 and 15. CHAPTER III
.
Forms of assistance.

ARTICLE 11. NOTICES.

1. The Central Authority of the Requesting Party shall transmit the request for a person to appear before the competent authority of the same, with reasonable notice before the date set for this.
2. If notification is not carried out the Party requested shall inform, through the Central Authorities, the Competent Authority of the Requesting Party of the reasons that prevented the diligenciamiento.

ARTICLE 12. DELIVERY AND RETURN OF OFFICIAL DOCUMENTS.

1. At the request of the Competent Authority of the Requesting Party, the Competent Authority of the Requested Party, through the Central Authorities:
a) Provide copies of official documents, records and information accessible to the public;
B) May provide copies of documents and information to which the public does not have access, under the same conditions in which those documents would be made available by its own authorities. If assistance under this subparagraph is denied, the competent authority of the Requested Party is not obligated to disclose the reasons for the denial.
2. Documents or objects that had been sent in response to a request for judicial assistance shall be returned by the Competent Authority of the Requesting Party, the Requested Party when so requested.

ARTICLE 13. ASSISTANCE IN PART REQUIRED.

1. Any person who is in the territory of the Requested Party and be required to testify, produce documents, records or evidence under this Agreement must be brought in accordance with the law of the Requested Party to the Authority Competent.
2. The Requested Party shall inform sufficiently in advance the place and the date on which the testimony will be received or documents, records or evidence be presented. Where necessary, the competent authorities shall consult through Central Authorities, in order to fix a convenient date for the competent authorities of the requesting Party and Required for the purposes of the assistance requested.
3. The Requested Party shall, under his direction, the presence of the authorities indicated in the application for enforcement of measures of cooperation, and allow questions if supported by your legislation. The hearing will take place according to the procedures established by the law of the Requested Party.

4. If the person referred to in paragraph 1 claims immunity, privilege or incapacity under the law of the Requested Party, this will be resolved by the Competent Authority of the Requested Party before completion of the application and the Requesting Party shall be communicated through the Central Authority.
5. The documents, records and evidence provided by declarants or obtained as a result of his statement or during it, will be sent to the requesting Party together with the declaration.

ARTICLE 14. ASSISTANCE requesting party.

1. When the Requesting Party requests the presence of a person in its territory to testify or provide information or statement, the Requested Party shall invite the declarant or expert to the Competent Authority of the Requesting Party.
2. The Competent Authority of the Requested Party shall record in writing the consent of the person whose presence is requested in the Requesting Party, and shall immediately inform the Central Authority of the Requesting Party of the response.
3. When requesting the hearing, the Central Authority of the Requesting Party shall indicate the travel expenses and subsistence will be in charge.

ARTICLE 15 APPEARANCE OF DETAINEES.

1. If the Requesting Party requests the appearance in its territory of a person who is detained in the territory of the Requested Party, it will transfer the detainee to the territory of the requesting Party person, after ensuring that there are no serious reasons to prevent transfer and express prior consent of the arrested person.
2. The transfer will not be admitted when, according to the circumstances, the Competent Authority of the Requested Party considers inconvenient transfer, specifically when:
a) The presence of the detained person is required in criminal proceedings under way in the territory of the Requested Party;
B) The transfer may involve the extension of police custody.
3. The Requesting Party shall keep the person transferred custody and delivered to the requested Party within the period fixed by it.
4. The time the person is outside the territory of the Requested Party shall be computed for the purposes of pre-trial detention or serving the sentence.
5. When the sentence imposed on a person transferred under the terms of this article expires, and she is in the territory of the Requesting Party shall be released, passing thereafter, to enjoy personhood not arrested for the purpose of this Agreement.
6. The detained person does not give consent to make statements in the terms of this Article shall not be subject, for this reason, any penalty or be subjected to any comminatory measure.
7. When a party requests the other, in accordance with this Agreement, the transfer of a person of his nationality and its Constitution prevents delivery to any title of its nationals shall inform the content of those provisions to the other Party.
ARTICLE 16. TEMPORARY
WARRANTY.
1. The appearance of a person who consents to testify or testify, in accordance with Articles 14 and 15, will be conditional on the Requesting Party may grant a temporary guarantee, which, while the person is in its territory, it will not you can:
a) Stop or judge the person prior to his departure from the territory of the Requested Party crimes;
B) Summon the person to appear or testify in different procedure specified in the request.
2. The temporary guarantee shall cease when the person voluntarily prolongs his stay in the territory of the requesting Party for more than fifteen (15) days from the time when his presence is not necessary in that state, in accordance with the statement to Part required.

ARTICLE 17. PRECAUTIONARY MEASURES.

1. The Competent Authority of the Requested Party shall process the request for cooperation on a precautionary measure, if it contains sufficient information to justify the appropriateness of the measure requested. This measure is subject to the procedural and substantive law of the Requested State.
2. When a Party becomes aware of the existence of instruments, the purpose and / or the proceeds of a crime in the territory of the other, which are possible precautionary measures under the laws of that Party shall inform the Central Authority of that State. This forward the information received to its jurisdiction for the purpose of determining the adoption of appropriate measures authorities. These authorities shall act in accordance with the laws of their country, and notify the other Party, through the Central Authorities, the measures taken.

3. The Requested Party shall decide, under the law, any request concerning the protection of third party rights on the objects that are the subject of the measures provided for in the preceding paragraphs.
4. A request made under this article shall include:
a) A copy of the decision on the injunction;
B) Summary of the facts of the case, including a description of the offense, where and when it was committed and an express reference to relevant legal provisions;
C) If possible, the description of the goods for which it intends to make the measure and its commercial value and their relationship with the person against whom began;
D) Estimation of the amount which is intended to apply the precautionary measure and the basis of calculation thereof.
5. The competent authorities of each Party shall promptly inform the exercise of any action or a decision regarding the injunction requested or applied.
6. The Competent Authority of the Requested Party may provide a term limiting the duration of the requested measure, which shall be notified promptly to the Competent Authority of the Requesting Party, explaining his motivation.

ARTICLE 18. OTHER MEASURES OF COOPERATION.

1. The Parties, in accordance with its domestic law, may provide cooperation for the fulfillment of the definitive measures on goods linked to a crime committed in either Party.
2. Parties may enter into agreements on the subject.

ARTICLE 19. CUSTODY AND DISPOSAL OF PROPERTY. The Party has in its custody the instruments, object or proceeds of a crime, you have them in accordance with the provisions of its domestic law. To the extent permitted by its laws and the terms deemed appropriate, that Party may have with the other of confiscated property or the proceeds of sale.

ARTICLE 20. RESPONSIBILITY.

1. Liability for damages resulting from acts of their authorities in the execution of this Agreement shall be governed by the domestic law of each Party.
2. Neither Party shall be liable for damages resulting from acts of the authorities of the other Party in the formulation or execution of a request, in accordance with this Agreement.

ARTICLE 21 AUTHENTICATION OF DOCUMENTS AND CERTIFICATES. Documents from one of the Parties, to be submitted in the territory of the other, which are processed through the Central Authorities shall not require legalization or any analogous formality.

ARTICLE 22. DISPUTE.
1. Any dispute arising from a request shall be resolved by consultation between the central authorities.
2. Any dispute between the Parties relating to the interpretation or application of this Agreement shall be resolved by consultation between the Parties through diplomatic channels and means of dispute settlement established in international law.
CHAPTER IV.
FINAL PROVISIONS.

ARTICLE 23. COMPATIBILITY WITH OTHER TREATIES, AGREEMENTS OR OTHER FORMS OF COOPERATION.

1. The assistance provided in this Agreement shall not prevent each Party shall assist the other under the provisions of other international instruments in force between them.
2. This Agreement shall not prevent the Parties the possibility of developing other forms of cooperation in accordance with their respective legal systems.

ARTICLE 24. ENTRY INTO FORCE AND DENUNCIATION.

1. This Agreement shall enter into force thirty (30) days from the date of receipt of the last diplomatic note in which the Parties compliance with the procedures required under their respective constitutional systems to communicate.
2. This Agreement may be terminated by each of the parties at any time, by diplomatic note which shall take effect six (6) months after the date of receipt by the other Party. The denunciation shall not affect ongoing requests for assistance.
In witness whereof, the undersigned, being duly authorized by their respective governments have signed this Agreement.
Made in Santa Fe de Bogota, thirty-one days of July in 1997, in duplicate in the Spanish language, both equally valid and authentic texts.
For the Government of the Republic of Colombia, Maria Emma Mejia
VÉLEZ.
The Minister of Foreign Affairs,
For the Government of the Republic of Paraguay,
RUBÉN MELGAREJO LANZONI. "
The Minister of Foreign Affairs, RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, DC, September 4, 1997
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
Ernesto Samper Pizano (Sgd.) Camilo Reyes Rodriguez.
The Deputy Minister of Foreign Affairs, in charge of the functions of
Office of the Minister, DECREES
:
ARTICLE 1o. To approve the "Agreement on Mutual Assistance in Criminal Matters between the Government of the Republic of Colombia and the Government of the Republic of Paraguay", made in Santa Fe de Bogota thirty-one (31) of July in 1997 ( 1997). Article 2.
. In accordance with Article 1o., 7a Act. 1944, the "Agreement on Mutual Assistance in Criminal Matters between the Government of the Republic of Colombia and the Government of the Republic of Paraguay", made in Santa Fe de Bogota thirty-one (31) of July 1990 and seven (1997), that the first article of this law is passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This law applies from the date of publication. MEDINA ACOSTA Amylkar

The President of the honorable Senate,
PUMAREJO PEDRO VEGA.
The Secretary General of the honorable Senate,
CARLOS ARDILA BALLESTEROS.
The President of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
The Secretary General of the honorable House of Representatives,
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, 4 August 1998.

Ernesto Samper Pizano Camilo Reyes Rodriguez.
The Minister of Foreign Affairs, Almabeatriz
RENGIFO LOPEZ.
The Minister of Justice and Law,


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