Key Benefits:
ACT
(January 13)
Official Journal No. 43,477 of 15 January 1999
By which ecological insurance is established, the Penal Code is amended and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
APPLICATION FIELD
ARTICLE 1o. purpose of this law is to create ecological insurance as a mechanism to cover the economic damage to persons determined as part of or as a result of damage to the environment and to the environment. natural resources and the reform of the Penal Code in relation to environmental crimes, seeking to improve the operability of justice in this aspect, the previous in development of article 16 of Law 23 of 1973.
ECOLOGICAL INSURANCE
ARTICLE 2o. PURPOSE OF ECOLOGICAL INSURANCE. The purpose of the ecological insurance shall be to protect the quantifiable economic damage to a person determined as a party or as a result of damage to the environment and natural resources, in the case of liability insurance, where such damages have been caused by a fact attributable to the insured person, provided that it is not produced by a purely potestative act or caused by him or by serious fault; or, in the case of actual insurance as a result of an accidental, sudden and unforeseen event of the action of a third party or for natural causes.
Pure environmental damage may be established in these policies as a cause of exclusion from the obligation to protect, unless the placement of the reinsurance is achieved for certain events of this nature.
PARAGRAFO. The National Government will regulate the conditions of the Ecological Policy and how to establish the insured amounts.
ARTICLE 3o. MANDATORY ECOLOGICAL INSURANCE. Ecological insurance will be mandatory for all human activities that may cause damage to the environment and require environmental licensing, in accordance with the law and regulations. In the event that the natural or legal person who processes the license has already hired a non-contractual civil liability policy to protect damages caused by damage to the environment and natural resources, the authority The environment shall verify that it has adequate coverage and adequate amounts.
ARTICLE 4. VOLUNTARY ECOLOGICAL INSURANCE. Individuals or public or private entities may also contract the Ecological Insurance, in the form of a policy of damages to protect economic damages determined in their assets and interests property that is part or consequence of ecological damage, produced by an accidental, sudden and unforeseen event, by the action of third parties or by natural causes.
ARTICLE 5o. BENEFICIARIES OF INSURANCE. right holders of the rights affected by the damage or their successors shall be directly beneficiaries of the ecological insurance.
ARTICLE 6o. DETERMINATION OF THE DAMAGE. The respective environmental authority upon request of the person concerned may certify on the occurrence and the amount of the claim, by means of a duly motivated administrative act. The opinion may serve as a basis for the complaint to the insurer or in the judicial process which may be brought forward.
ARTICLE 7o. DESTINATION OF THE COMPENSATION. When the beneficiary of the compensation is a State entity, the amount of the compensation shall be used for the repair, replacement, or restoration of the natural resources or damaged ecosystems.
PARAGRAFO. When repair, replacement or restoration activities are not possible, the amount of compensation will be directly invested in environmental or environmental projects of special interest to the affected community.
ARTICLE 8o. LIABILITY FOR THE DAMAGE. If the value covered does not cover the amount of the damage, or all damages, who are responsible for the event, shall be liable for the amount of all damages incurred in excess of the sums insured on the policy.
ARTICLE 9o. CLAIM ACTION PRESCRIPTION. The prescription terms for the actions that are derived from the insurance contract, contained in items 1081 and 1131 of the Trading Code or the rules that replace or modify it, are extended to ecological insurance and will be counted from the time the damage is known for the duration of the the respective policy.
ARTICLE 10. REPORT OF DAMAGE. In addition to the obligations laid down in the Code of Commerce, the insured shall give immediate notice, in writing, to the respective environmental authority and to the insurer regarding the occurrence of the damage.
ARTICLE 11. PENALTY FOR THE ABSENCE OF A POLICY. Who is obliged to contract the ecological policy and will not have it or not be in force, at the time of the occurrence of the damage, may be fined by the respective environmental authority until by the equivalent to half the total cost of the damage caused.
ARTICLE 12. PENALTY FOR NOT REPORTING THE DAMAGE. Who is required to report the damage and will not do so in a timely manner, will be fined by the respective environmental authority up to the equivalent of one hundred (100) statutory minimum monthly wages in force, or Five hundred (500) minimum monthly legal salaries in force, if the circumstance of the report or its delay has made the consequences of the damage more burdensome.
ARTICLE 13. APPLICABILITY OF MERCANTILE LEGISLATION. Those aspects not covered by this law are governed by the rules of Title V of the Trade Code and other relevant legal provisions.
CRIMINAL CODE REFORM
ARTICLE 14. FIRE. Article 189 of the Penal Code, will be as follows:
ARTICLE 189. FIRE. The one who, with common danger, will wear a piece of furniture, will be in prison for one (1) to eight (8) years and a fine of ten to three hundred monthly minimum legal salaries in force.
If the conduct is carried out in real estate or in the object of scientific, historical, cultural, artistic or in good use of public or social utility, the prison will be two to ten years and fine of fifty to five hundred legal minimum wages Monthly.
The penalty mentioned in the foregoing paragraph shall be increased by half if the deed is committed in a residential building or destined for a room or in public property or for this use, or in commercial, industrial or agricultural establishment; or transport terminal, or in the warehouse of goods, food, or in explosive, corrosive, flammable, suffocating, toxic, infectious or similar substances or substances in forest, floristic resource, or special handling area.
ARTICLE 15. DAMAGE TO COMMON DEFENCE WORKS. Article 190 of the Criminal Code, shall be as follows:
ARTICLE 190. DAMAGE TO COMMON DEFENSE WORKS. The total or partial damage to the collection, driving, reservoir, storage, treatment or distribution of water shall be in prison for two (2) to ten (10) years and a fine of twenty to one hundred monthly minimum legal wages in force.
ARTICLE 16. FLOOD OR COLLAPSE PROVOCATION. Article 191 of the Criminal Code will be as follows:
ARTICLE 191. FLOOD OR COLLAPSE PROVOCATION. The one that causes flooding or collapse, will incur in prison one (1) to ten (10) years and fine of twenty to two hundred minimum legal salaries in force.
ARTICLE 17. POSSESSION, MANUFACTURE AND TRAFFICKING OF DANGEROUS SUBSTANCES OR OBJECTS. Article 197 of the Criminal Code shall be as follows:
ARTICLE 197. POSSESSION, MANUFACTURE AND TRAFFICKING OF DANGEROUS SUBSTANCES OR OBJECTS. The illicitly amount, insert, export, manufacture, purchase, supply, transport or remove of substance, object, waste or hazardous or nuclear waste considered as such by international treaties ratified by Colombia or provisions in force, will be in prison of three to eight and fine of fifty to three hundred monthly minimum legal salaries in force.
The penalty provided for in this article will be increased by half if the previous conduct is carried out on chemical, biological or nuclear weapons.
ARTICLE 18. CRIMES AGAINST NATURAL RESOURCES AND THE ENVIRONMENT. Create a new title in the Penal Code identified with the number.
TITLE III. bis
CRIMES AGAINST NATURAL RESOURCES AND THE ENVIRONMENT
CHAPTER I.
CRIME CLASSES
ARTICLE 19. ILLICIT EXPLOITATION OF BIOLOGICAL RESOURCES. Article 242 of the Penal Code will be as follows:
ARTICLE 242. ILLICIT EXPLOITATION OF BIOLOGICAL RESOURCES. Where the transport, trade, use, introduction or benefit of faunique, forestry, floristic, hydrobiological or genetic resources of species declared extinct, threatened or on the way of extinction, it shall be in prison from three to seven years. years and fines of 50 to 300 minimum monthly legal salaries in force.
ARTICLE 20. INVASION OF AREAS OF SPECIAL ECOLOGICAL IMPORTANCE. Article 243 of the Penal Code will be as follows:
ARTICLE 243. INVASION OF AREAS OF SPECIAL ECOLOGICAL IMPORTANCE. The one that invades special management area, forest reserve, indigenous reserves or reserves, peasant reserves, land of collective ownership of the black communities, regional park, area or ecosystem of strategic interest or protected area, The law or regulation will be in prison for two to eight years and a fine of 50 to 300 minimum monthly legal salaries in force.
The penalty mentioned in this article will be increased by up to a third when the natural components that were used as the basis for the qualification of the corresponding territory are severely affected by the invasion.
The one that promotes, finances or directs the invasion or takes advantage of it economically, will be subject to prison of three to ten years and a fine of 150 to 500 minimum legal salaries in force.
ARTICLE 21. EXPLOITATION OR ILLICIT MINING OR OIL EXPLORATION. Article 244 of the Criminal Code will be as follows:
ARTICLE 244. MINING OR OIL EXPLOITATION OR EXPLORATION. The illicitly explore, exploit, transform, benefit or transport mineral resource or hydrocarbon field, will incur in prison of one to six years and fine of fifty to three hundred monthly minimum legal salaries in force.
ARTICLE 22. ILLICIT HANDLING OF HARMFUL MICRO-ORGANISMS. Article 245 of the Criminal Code will be as follows:
ARTICLE 245. ILLICIT HANDLING OF HARMFUL MICROORGANISMS. The invention relates to the use of the same by means of the use of the same or a non-binding agent, which can be used for the purposes of the invention. from one to six years and fine from twenty to two hundred minimum legal monthly salaries in force.
ARTICLE 23. INFORMATION OMSION. Create in the Criminal Code, Article 245 bis, the tenor of which is as follows:
ARTICLE 245 BIS. INFORMATION SYSTEM. The administrator, the legal representative, the direct person, the president and/or the director who is aware of the presence of infectious diseases or pests in animals or in forest or floristic resources that may originate an epidemic and not of immediate notice to the competent authorities will incur in prison of one (1) to six (6) years and fine of twenty to two hundred minimum legal salaries in force.
ARTICLE 24. ENVIRONMENTAL POLLUTION. Article 247 of the Criminal Code will be as follows:
ARTICLE 247. ENVIRONMENTAL POLLUTION. The fact that the atmosphere, soil, subsoil, waters or other natural resources and can cause damage to the faunique, forest, floristic or hydrobiological resources or natural ecosystems, will be in prison for two years. eight years and a fine of 150 to 500 minimum monthly legal salaries in force.
The penalty will be increased by a third when the conduct described in this article dangerously alters the waters intended for human use or consumption.
COMMON PROVISIONS FOR THE OFFENCES REFERRED TO IN ARTICLES 189, 190, 191 AND 197 AND IN THE PREVIOUS CHAPTER
ARTICLE 25. BLAME MODE. Create the article 247A whose tenor is as follows:
Blame mode. For the offences referred to in Articles 189, 190, 191 and 197 and in the previous chapter, the penalty shall be reduced by half if the conduct is carried out on the fault.
ARTICLE 27. ANCILLARY PENALTIES. Create Article 247C, the tenor of which is as follows:
Ancillary Penalties. In addition to the provisions of Article 42 of this Code, in the events referred to in Articles 189, 190, 191 and 197 and in the previous chapter, the competent judge may impose the following ancillary penalties on the guilty party:
(a) Community work consisting of the obligation to carry out during the time of the sentence work for the benefit of the community, which shall indicate the judge who will have present his skills and abilities which may be the total restoration or partial environmental damage caused by its conduct;
b) Publication of the statement through broad broadcast media.
ARTICLE 28. CONFLUENCE OF ADMINISTRATIVE SANCTIONS. Create Article 247D, the tenor of which is as follows:
Confluence of administrative sanctions. The penalties provided for in respect of offences against the natural environment shall apply without prejudice to the administrative penalties imposed on them for the same conduct. The judge may assess the decrease in the pecuniary penalty imposed up to the confluence of the amount actually cancelled on the order of any other administrative authority.
ARTICLE 29. MITIGATING CIRCUMSTANCE. Create Article 247E, the tenor of which is as follows:
Mitigating circumstance. The penalty indicated for the offences referred to in the previous chapter may be reduced by half if the person concerned has made good the ecological damage caused or has compensated the persons affected by his conduct.
ARTICLE 30. AGGRAVATING CIRCUMSTANCES. Create Article 247F, the tenor of which is as follows:
Aggravating circumstances. The penalties provided for in Articles 189, 190, 191 and 197 and in the preceding chapter shall be increased by up to a third of the following events:
(a) When the activity of the Company is carried out in a clandestine manner or without having obtained the respective permit or license or if they have disobeyed the orders of the competent authority;
b) When the offense is committed by public servant;
(c) Where severe or irreversible modification of the natural conditions of the ecosystems is produced;
d) When present severe risk to people's health;
e) When for the conduct of criminal conduct explosives, poisons or other instruments or gears of similar destructive effectiveness have been used;
f) When criminal conduct has been conducted in areas of special management, forest reserve or in areas of special ecological importance or in strategic, law or regulation-defined areas;
(g) Where the offence has been committed by a foreigner who has also violated the borders of Colombia in its execution;
h) When ecological damage originates in a terrorist act.
ARTICLE 31. INVESTIGATION OF CRIMES AGAINST NATURAL RESOURCES AND THE ENVIRONMENT. Create Article 247G, the tenor of which is as follows:
Investigation of crimes against natural resources and the environment. The Office of the Prosecutor General of the Nation will adequately train the Prosecutors and Members of the Technical Investigation Corps in order to have the technical suitability to instruct the infractions that have been established in the previous provisions.
OTHER PROVISIONS
ARTICLE 32. TRANSITIONAL. Create the Commission which will study the applicability of the ecological insurance created in this law: the Commission will be in charge of studying all aspects related to the applicability of ecological insurance, which consists of two representatives of the insurers, a representative of the industrial sector, a representative of the agricultural sector, a representative of the mining sector, a representative of the civil engineering society and the Ministry of Environment, who will coordinate it, so that in the 90-day term it will present the report and this is the basis for defining the rules of this law.
ARTICLE 33. REPEAL. Repeal Articles 123, 205 and 246 of the Criminal Code and other provisions that are contrary to it.
ARTICLE 34. VALIDITY. This law governs from its enactment, with the exception of the first chapter that will govern six months later.
The President of the honorable Senate of the Republic,
FABIO VALENCIA COSSIO
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO
The President of the honorable House of Representatives,
EMILIO MARTINEZ ROSALES
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO
COLOMBIA-NATIONAL GOVERNMENT
PUBLISH AND EXECUTE.
Dada en Santa Fe de Bogotá, D. C., on January 13, 1998.
ANDRES PASTRANA ARANGO
The Minister of Justice and Law,
PARMENIO HANG BASED.
