LAW 453 1998
Official Gazette No. 43,360, of 11 August 1998
Through which the "Convention on mutual legal assistance in criminal matters between the Government approved the Republic of Colombia and the Government of the French Republic ", made in the city of Paris, the twenty (21) March in 1997 (1997). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Convention on Mutual Legal Assistance in Criminal Matters between the Government of the Republic of Colombia and the Government of the French Republic" made in Paris the twenty (21) March of in 1997 (1997), which reads:
(to be transcribed copy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached.) .
'CONVENTION OF MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE
FRENCH REPUBLIC The Government of the Republic of Colombia and the Government of the French Republic;
Conscious of the deep historical links between the two nations;
Desiring to translate these linkages on legal instruments for cooperation in all fields of common interest and particularly in judicial cooperation;
Convinced of the need to join efforts in the fight against crime in all its manifestations;
Wanted with such agreement to regulate relations concerning judicial operation in criminal matters in respect of their proper constitutional principles;
Have agreed the following provisions:
TITLE I. GENERAL PROVISIONS.
1. Both Parties undertake to provide each other, in accordance with the provisions of this Agreement and its relevant domestic laws, the most extensive judicial assistance possible in any proceedings related to criminal matters whose repression is, at the time the assistance is requested competence of the judicial authorities of the requesting Party.
2. This Convention shall not apply to the execution of arrest warrants or judgments of conviction, except in cases of final confiscation under the terms of Article 13.4, or military offenses which do not constitute criminal offense.
1. Each Party shall designate a 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 shall forward the request to its competent authorities.
3. The Central Authorities will be designated at the time of signature of this Agreement, by exchange of diplomatic notes.
1. The competent authorities will go to Colombia and French judicial authorities.
2. Any amendment concerning the designation of these authorities will be brought to the attention of the other Party by diplomatic note.
1. Judicial assistance may be refused:
a) If the request relates to offenses considered by the requested Party as a political offenses or as offenses connected with political offenses;
B) If the requested Party considers that execution of the request it is of such a nature that can affect the sovereignty, security or public order or other essential interests of their country;
C) If the application is to raids object or house searches, or an injunction and that the facts underlying the application are not considered as crimes by the law of the Requested Party.
2. Attendance will be refused if the application refers to a measure of final confiscation and the events giving rise to the request are not considered as a crime by the law of the Requested Party.
JUDICIAL ASSISTANCE REQUESTED.
The 5th ITEM.
1. The Requested Party shall execute in the manner provided in its legislation, requests for judicial assistance on criminal matters emanating from the competent authorities of the requesting Party and aimed at fulfilling acts of instruction, communication records, documents or items proof. The Requesting Party may request the Requested Party reinstate the victim in cases where appropriate, without prejudice to the rights of third parties, all property values or likely to come from a crime.
2. When the Requesting Party wishes that witnesses or experts testify under oath, you must expressly request, and the requested Party shall process so if the law of his country does not object.
3. The Requested Party may transmit only certified copies or photocopies of the records or documents requested. However, if the requesting Party expressly requests the referral of the original, compliance will be given to the request, as far as possible.
ARTICLE 6o. When the requesting Party expressly so requests, the Requested Party will be informed of the date and the place of performance of the request for assistance. The authorities of the requesting Party and persons authorized by them may attend such compliance if the Requested Party permits. This presence is not tantamount to authorize the exercise of functions that are powers reserved to the authorities of the requested Party.
1. The evidence, as well as the originals of records and documents submitted in compliance with a request for judicial assistance shall be retained by the Requesting Party unless the Requested Party asks to be returned.
2. The Requested Party may postpone the referral of the evidence, records or documents whose remission is sought if they are necessary for criminal proceedings.
1. If the Requesting Party expressly requests it, the Requested Party shall keep reserves the request for judicial assistance under the conditions provided by its law. If the application can not run without confidentiality is affected, the Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party, who will decide, if appropriate however, continue execution of the application.
2. The Central Authority of the Requested Party may request that information or evidence transmitted in accordance with the provisions of this Agreement remain subject or are used only in accordance with the terms or conditions as it stated, the Requesting Party shall maintain reservation the evidence and information provided by the Requested Party unless its disclosure is necessary for the investigation or proceedings described in the application.
3. The Requesting Party may not disclose or use information or evidence communicated for purposes other than those stipulated or specified in the request without prior consent of the Central Authority of the Requested Party.
COMPLETION OF ACTS AND JUDICIAL DECISIONS,
APPEARANCE OF WITNESSES AND EXPERTS.
1. The Requested Party shall communicate the acts and judicial decisions submitted for this purpose by the Requesting Party.
This diligenciamiento may be made by simple transmission of the act or judicial decision to the recipient. If the Requesting Party expressly requests, the Requested Party shall conduct the diligenciamiento in one of the forms provided in law for similar cases or in a special manner consistent with such legislation.
2. The processing will be credited by means of a receipt dated and signed by the recipient or by a statement of the Requested Party constantando the fact, date and form of delivery.
Any of these documents will be immediately transmitted to the Requesting Party. At the request of the latter, the Requested Party shall state whether the diligence is performed in accordance with its laws. If this could not be done, the Requested Party shall know the reasons for requesting Party immediately.
3. Summons to attend the Requested Party shall be forwarded no later than forty (40) days before the date fixed for that hearing. In case of emergency, the Central Authority of the Requested Party may waive this deadline at the request of the Central Authority of the Requesting Party.
4. The witness or expert who not will abide by a subpoena to appear in the territory of the Requesting Party shall not be subjected, even if the summons contained an order to any penalty or coercive measure unless you enter later by his own will to the territory of the Requesting Party and is duly cited.
5. The expense and travel expenses and subsistence to be reimbursed to witnesses or experts by the Requesting Party shall be calculated from the departure of their place of residence, and will be recognized as at least equal value to those provided by tariffs and the regulations in force in the country where will be held the hearing.
1. If the Requesting Party considers the personal appearance of a witness or expert before its judicial authorities is particularly necessary, it shall so indicate in the request for referral of the summons and the requested Party shall invite the witness or the expert to appear.
The Requested Party shall know the answer of the witness or expert to the requesting Party.
2. In the case provided in paragraph 1o., The request or summons must mention the approximate amount of compensation as well as travel and living expenses to be reimbursed.
3. If you are submitting an application for that purpose, the Requested Party may grant an advance to the witness or expert. This is mentioned in the summons and the Requesting Party will reimburse.
1. A detained person whose personal appearance as a witness requested by the Requesting Party shall be temporarily transferred to the territory where the hearing will take place, in which the testimony is received, under condition of their forwarding within the period specified by the Requested Party and subject to the provisions of Article 12 insofar as they are applicable.
The transfer may be refused:
a) If the arrested person refuse to give their consent;
B) If his presence was required in criminal proceedings taking place in the territory of the Requested Party;
C) If the transfer MIGHT prolong his detention, or
d) If other overriding considerations are unfavorable to their transfer to the territory of the requesting Party.
2. A Party may authorize the transit of persons detained by a third State whose personal appearance for purposes of a hearing has been requested by the other Party.
This authorization will be agreed following an application accompanied by all necessary documents.
3. The person transferred shall remain in custody in the territory of the requesting Party or, if applicable, in the territory of the Party to which transit is requested, unless the requested Party requested his release during the temporary transfer.
4. Each Party may refuse to grant transit of its nationals.
1. Witnesses or experts of any nationality, from a summons to appear before the judicial authorities of the requesting Party may not be prosecuted, detained or subjected to any other restriction of personal liberty in the territory of that Party for acts or convictions prior to his departure from the territory of the Requested Party.
2. A person, whatever his nationality, summoned to appear before the judicial authorities of the requesting Party to answer for facts that are the subject of proceedings against him, and submitted voluntarily shall not be prosecuted, detained or subject to any other restriction of personal liberty for acts or prior to his departure from the territory of the Requested Party, different sentences which were specified in such summons.
3. The guarantee provided for in this Article shall cease when the witness or expert witness or the person called to appear, having had an opportunity to leave the territory of the requesting Party for 15 consecutive days once his presence was no longer required by the judicial authorities, he had remained in that territory or had entered him again after having left.
PROCEEDS FROM CRIME.
1. The Requesting Party may request, investigate, seize or permanently confiscate property or objects from an offense under its laws that may be in the territory of the Requested Party.
2. The Requested Party shall inform the Requesting Party of the outcome of their investigations.
3. The Requested Party shall take all necessary steps authorized by its legislation to prevent such goods or objects may be the subject of a transaction or be transferred or assigned before the competent authority of the requesting Party had taken a final decision.
4. When the seizure is requested, the request will be fulfilled in accordance with the law of the Requested Party.
5. Goods or objects from a crime shall be the property of the Requested Party, unless otherwise agreed between the Parties agreed.
TITLE V. CRIMINAL.
Article 14. The central authorities shall communicate by way of criminal record, by express request, the damning judgments definitive character of a person, as permitted by legislation.
1. Requests for assistance must contain the following information:
a) Competent Authority emanating from the application;
B) Purpose and reason for the request;
C) To the extent possible, the identity and nationality of the person concerned;
D) The name and address of the recipient if applicable;
E) Date of application;
F) Factual and typing.
2. If it is the case, the application shall contain any other information to facilitate their implementation, such as, inter alia, a list of questions to be asked if hearing or questioning; a description as accurate as possible of the goods to be investigated and / or permanently and seize your location if known.
1. Requests for legal assistance and annexed documents shall be addressed by the Central Authority of the Requesting Party to the Central Authority of the requested Party and returned with elements relating to their execution by the same route.
2. In case of emergency, the Central Authority of the requesting Party may forward to the Central Authority of the Requested Party, requests for assistance by fax or by any means which record in writing; the original will be sent as soon as possible. Applications will be returned accompanied by the necessary elements for execution by the means mentioned in paragraph 1.
ARTICLE 17. The request for assistance and the accompanying elements are accompanied by a translation in the language of the Requested State.
ARTICLE 18. The items and documents transmitted under this Agreement shall be exempt from all legalization formalities.
ARTICLE 19. Any refusal of legal assistance will be established and communicated to the requesting Party.
1. Without prejudice to the provisions of article 9. (5) the execution of requests for assistance will not lead to reimbursement of any expenses except those caused by the intervention of experts in the territory of the Requested Party and the transfer of detainees made pursuant to Article 11. | || 2. When required or arise for the execution of the application costs a substantial or extraordinary, the Parties shall consult to determine the terms and conditions will be complied with the request, and how the costs will be.
1. A Party may request the other Party, through the Central Authorities, which commences on their territory a criminal prosecution for acts that might constitute an offense of competence of the latter.
2. The Requested Party shall know the action taken on that request and transmit, if applicable, a copy of the decision.
3. The provisions of Article 17 shall apply to applications under paragraph 1. TITLE VIII
COMMUNICATION OF CONVICTIONS.
ARTICLE 22. The Central Authority of a Party shall report annually to the Central Authority of the other Party decisions sentence imposed by its competent authorities against nationals of the other Party and request, the fundamentals of the conviction.
1. Parties compliance with the constitutional procedures required with respect to the entry into force of this Agreement shall be notified, which will take place on the first day of the second month following the date of receipt of the last notification.
2. The Parties may at any time terminate this Agreement by written notice to the other Party through diplomatic channels, the denunciation takes effect from the first day of the third month following the date of receipt of such notice and shall not affect the applications course.
In witness whereof, the representatives of the two Governments, duly authorized, have signed this Agreement.
Done at Paris on March 21, 1997 in duplicate in the Spanish and French languages, both texts being equally authentic.
For the Government of the Republic of Colombia,
Illegible signature. "
For the Government of the French Republic,
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs of Colombia, || | DECLARES:
That this play is a photocopy taken from the original text of the "Convention on mutual legal assistance in criminal matters between the Government of the Republic of Colombia and the Government of the French Republic" made in Paris on twenty (21) March in 1997 (1997), which rests in the archives of the Legal Office of the Ministry of Foreign Affairs.
Given in the city of Santa Fe de Bogota, DC, at seventeen (17) days of July in 1997 (1997).
VARELA HECTOR ADOLFO Sintura.
The Chief Legal Office, RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, June 4, 1997.
. Submit to the consideration of the honorable National Congress for constitutional purposes.
Ernesto Samper Pizano (Sgd.) VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, DECREES
ARTICLE 1o. Approval of the "Convention on Mutual Legal Assistance in Criminal Matters between the Government of the Republic of Colombia and the Government of the French Republic" made in Paris the twenty (21) March in 1997 (1997). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Convention on Mutual Legal Assistance in Criminal Matters between the Government of the Republic of Colombia and the Government of the French Republic" made in Paris the twenty (21) March in 1997 (1997) that the first article of this law is approved, 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
The Secretary General of the honorable House of Representatives,
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communicated and published. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on August 4, 1998.
Ernesto Samper Pizano Camilo Reyes Rodriguez.
The Minister of Foreign Affairs, Almabeatriz RENGIFO
LOPEZ Minister of Justice and Law,