Why Repealing And Amending Some Provisions Of Decree 2700 Of 1991 And Decree-Laws 2790, 1990, 2271, 1991, 2376, 1991, Law 65 Of 1993, Act 333 Of 1996 And Act 282 Of 1996 And Dictate Other Provisions

Original Language Title: Por la cual se derogan y modifican algunas disposiciones del Decreto 2700 de 1991 y de los Decretos-leyes 2790 de 1990, 2271 de 1991, 2376 de 1991, Ley 65 de 1993, Ley 333 de 1996 y Ley 282 de 1996 y se dictan otras disposiciones

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ACT 504 OF 1999
(June 25)
Official Journal No. 43,618 of June 29, 1999 CONGRESS COLOMBIA

Whereby repealing and amending some provisions of Decree 2700 of 1991, and the decree-laws 2790, 1990, 2271, 1991, 2376, 1991, Law 65 of 1993, Act 333 of 1996 and Act 282 of 1996 and other provisions. Summary

Term Notes DECREES
:
ARTICLE 1o. SPECIALIZED CIRCUIT JUDGES PENAL. Under Article 11 of Law 270 of 1996, Statute on the Administration of Justice, the Criminal Court créanse Specialized Circuit, which have jurisdiction over the offenses stated in article 5. of this law and within the territorial scope indicated by the Superior Judicial Council in accordance with Article 85, paragraph 6 of Law 270 of 1996. Effective Jurisprudence

Article 2.
. Article 66 of Decree 2700 of 1991 shall read as follows:
"Article 66. About exercise functions of prosecution The administration of justice in criminal matters, during the trial stage, is exercised on a permanent basis by the Chamber of Criminal Appeal. of the Supreme Court, the halls criminal decision of the higher district courts, criminal judges specialized circuit criminal circuit judges, promiscuous circuit judges, municipal judges and promiscuous municipal and juvenile judges. They also administer justice Military Courts and the Senate. " Effective Jurisprudence


ARTICLE 3o. The second paragraph of Article 67 of Decree 2700 of 1991, shall be as follows:.
"Article 67. About exercise functions of instruction The Attorney General's Office will act through the Attorney General's Office, prosecutors delegated by him for special cases and the prosecutors before the Supreme Court, the High Courts of District criminal circuit judges specialized criminal circuit, circuit promiscuous, municipal criminal, promiscuous municipal judges and juvenile court judges. " Effective Jurisprudence

ARTICLE 4.
. Paragraphs 1o. and 2nd. Article 70 of Decree 2700 of 1991, will read:
"Article 70. Competence of the Superior Courts District Criminal rooms decision of the Superior District Courts know.
Secondly, resources appeal and indeed, in the processes known in the first instance the circuit judges and criminal judges specialized circuit.
in the first instance, of the processes to specialized circuit criminal judges, criminal circuit follow , promiscuous circuit, municipal, municipal promiscuous, child, family, the prosecutors before the courts, the prosecutors for offenses committed by reason of their duties ". Effective Jurisprudence


The 5th ARTICLE. Article 71 of Decree 2700 of 1991 shall read as follows:
"Article 71. Competence of the Criminal Court of the Specialized Circuit Criminal specialized circuit judges know, in the first instance.
1 From the crime of torture. (4th article. Decree 2266 of 1991).
2. the crime of aggravated homicide by paragraph 8 of Article 324 of the Penal Code.
. 3 Personal Injury terrorist purposes (articles 31, 32, 33, 34 , 35 and 36 of Decree 180 of 1988, declared permanent legislation by the article 4o. of Decree 2266 of 1991).
4. the crime of kidnapping or aggravated under paragraphs 6, 8 and 12 of Article 270 Penal Code subrogated by the 3rd article. of Law 40 of 1993 and unlawful seizure of aircraft or means of public transport (4th article. of Decree 2266 of 1991).
5. of the offenses of manufacture and trafficking of ammunition or explosives (article 1 Decree 2266 of 1991.), manufacture and trafficking of firearms and ammunition for the exclusive use of the armed forces (Article 2. Decree 3664 of 1986 declared permanent legislation by article 1. Decree 2266 of 1991).

6. Of terrorist offenses (article 4 Decree 2266 of 1991.); omission of reports on terrorist activities (article 4 Decree 2266 of 1991.); instigation or constraint for admission to terrorist groups (article 4 Decree 2266 of 1991); incitement to terrorism (article 4 Decree 2266 of 1991.); use or release of substance or dangerous objects (article 4 Decree 2266 of 1991.); corruption of food and medicine for terrorist purposes (article 4 Decree 2266 of 1991.); resource management of terrorist organizations (article 4 Decree 2266 of 1991.); impersonation of authority for terrorist purposes (article 4 Decree 2266 of 1991.); incitement to commit military crimes (article 4 Decree 2266 of 1991.); instruction and training for terrorist purposes (article 4 Decree 2266 of 1991.), promoting formation or entry of persons or paramilitary armed groups (Article 6 of Decree 2266 of 1991.); instruction or training activities or paramilitary armed groups (Article 6 of Decree 2266 of 1991.); income or membership of armed groups or paramilitary (Article 6 of Decree 2266 of 1991.); Constraint for terrorist purposes (Article 11 of Decree 2266 of 1991).
7. Concert to commit crimes terrnrismo, drug trafficking, kidnapping, extortion or to form death squads, private justice group or groups of hired assassins, money laundering or omission control (Article 13 of Law 365 of 1997), front men ( Article 6 of Decree 2266 of 1991).; extortion than one hundred and fifty (150) minimum monthly wages amount.
8. Of the offenses specified in paragraph it. Article 32 of Law 30 of 1986, when the number of plants than eight thousand (8,000) units or seeds exceed ten thousand (10,000) grams.
9. Of the offenses listed in Article 33 of Law 30 of 1986, when the drug or substance exceeds one thousand (1,000) kilos whether it is marijuana, one hundred (100) kilos if hashish is five (5) kilos if is methaqualone, cocaine or base equivalent amounts of it or if they are staying in another state substances.
10.De proceedings for offenses described in Article 34 of Law 30 of 1986 in the case of laboratories or when the amount of drug stored, transported, sold or used is equal to amounts that paragraph refers to previous.
11.De the offenses described in Articles 39 and 43 of Law 30 of 1986 and derived from the cultivation, production, processing, storage or sale of heroin in less than two hundred and fifty quantity (250 ) grams or poppy or latex.
12. Crime contained in Article 64 of Law 30 of 1986.
13. Fuel theft (Article 96 of Law 418 of 1997).
14. Money laundering (Article 247 of the Criminal Code) and illicit enrichment of individuals (Article 10 of Decree 2266 of 1991) when the capital increase is not justified arising in one or another form of crime which this article refers to activities, with a value or exceed fifty (50) minimum monthly wages "Effective


Jurisprudence ARTICLE 6. Article 78 of Decree 2700 of 1991 shall read as follows:..
" Article 78. Division land for purposes of prosecution. The national territory is divided, for purposes of prosecution, in districts, circuits and municipalities.
The Supreme Court has jurisdiction throughout the national territory.
High Courts Judicial District, in the corresponding district.
The specialized criminal circuit judges, criminal circuit and circuit promiscuous in their respective circuit.
Criminal Judges and municipal promiscuous in the respective municipality. "


Jurisprudencia Vigencia article 7.


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ARTICLE .. the 8th the clause 2 of Article 89 of Decree 2700 of 1991 shall read as follows:
"Article 89. Competence by reason of connectedness and subjective factor. In the case of connectedness between offenses of criminal jurisdiction of the specialized circuit judge and other judicial officer, it will be the trial of the former. "Effective


Jurisprudence article 9. The clause 2o. Article 96 Decree 2700 of 1991, will read:
"Article 96. Competence. If it comes to competition processes specialized circuit criminal judges and other judges must accumulate processes specialized circuit judge, even the accusatory ruling is enforceable after. "Effective

|| Jurisprudence | Article 10. Article 126 of Decree 2700 of 1991, will read:

"Article 126. Prosecutors delegates to the Criminal Court Circuit Cnrresponde specialized prosecutors delegates to the Criminal Court of the Specialized Circuit. Investigate, qualify and accuse, if we add any, crimes whose prosecution is attributed first instance specialized criminal circuit judges ". Effective Jurisprudence


Article 11. The numeral 2o. Article 135 of Decree 2700 of 1991, shall be as follows:..
"Article 135. Special Functions of Public Prosecutions
2 Intervene in proceedings in which the witness protection is established, ensuring compliance with the law". Effective Jurisprudence

ARTICLE 12.


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ARTICLE 13.


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ARTICLE 14.


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ARTICLE 15.


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Article 16. Article 251 of Decree 2700 of 1991 shall read as follows:
"Article 251. Procedural subject Contradiction may request evidence and research controvertirlas upon instruction and trial
Jurisprudence.. ARTICLE 17.

force


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ARTICLE 18. Legislation Jurisprudence force


|| Previous | Article 19. paragraph 1o of Article 324 of Decree 2700 of 1991 shall read as follows:
"Article 324. Duration of previous research and the right of defense.. Previous research, where there is known the accused will be held in maximum two (2) months, after which judgment opening the investigation or restraining order be issued. "


Effective Decisions Article 20. Article 352 of Decree 2700 of 1991 shall read as follows:
"Article 352. who Inquest is received. The judicial officer who will receive inquest under background and circumstances contained in the action, or being caught in flagrante offense, consider perpetrator or criminal offense. "


Jurisprudence Effective ARTICLE . 21. clause 2 of Article 373 of Decree 2700 of 1991 shall read as follows:
"Article 373. capture in flagrante public servant. After practiced any of the measures mentioned in the preceding paragraph, will be released immediately and the necessary measures are taken to prevent circumventing the action of justice. In the case of crimes under the jurisdiction of the specialized criminal circuit judges, public private server will continue to freedom, but the judicial officer immediately resolve their legal status. "


Effective Decisions Article 22. The . clause 2 of Article 374 of Decree 2700 of 1991 shall read as follows:
"Article 374. Deprivation of freedom of public servant. However, if it comes to crimes to which referred to in Article 71 of this Code shall in all cases deprivation of liberty. "


Jurisprudence Effective Article 23. The clause 2o . Article 386 of Decree 2700 of 1991, will read:
"Article 386. Term for investigation. When a crime of competence of criminal court judges specialized circuit, happening in a different place at the headquarters of the chief prosecutor, the prosecutor of the place where the police unit delivers the proceedings, must avocar research and inquire as to the defendants sent the proceedings immediately to the address corresponding Prosecutors "..


Effective Decisions Article 24. paragraph 3rd of Article 387 of Decree 2700 of 1991 shall read as follows:
" Article 387. Definition of the situation legal. In crimes of jurisdiction of criminal judges specialized circuit, received the investigation, the prosecutor will define the legal status within ten (10) days, if that person has been received by a prosecutor other than his own headquarters. If the practice of any evidence and the above term is necessary proves insufficient, the term to define the legal status shall be twenty (20) days. "


Effective Decisions Article 25. paragraph of Article 397 of Decree 2700 of 1991, will read:
"Article 397. arrest.
1. For all crimes under the jurisdiction of the Specialized Criminal Circuit Judges. "


Effective Decisions ARTICLE 26. Effective


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ARTICLE 27 ..
3rd and numeral paragraph of Article 415 of the Code of Criminal Procedure shall read as follows: Effective


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PARAGRAFO. In the processes known specialized criminal circuit judges, to proceed provisional release, the terms set forth in paragraphs 4o. and 5th. This article will be doubled. Failure to comply with the terms set forth in this Article shall be deemed very serious offense and is punishable by dismissal from office "

Article 28. Article 453 of Decree 2700 of 1991 will the 3rd paragraph reads as follows:.. | || "Article 453. Management of the Public Hearing. The public hearing will be held with security measures and protection as the judge deems necessary. The authorities promptly comply with requests addressed to them in that regard.
If required the judge should seek the support of the public force in the place of the public hearing. "


Effective Decisions ARTICLE 29. The numeral on the 5th. Article 147 of the Act 65 of 1993 will read:
"Article 147. Permit to seventy-two (72) hours.
5O. Be granted seventy percent (70%) of the sentence in the case of convicted offenses competition from Circuit Specialized Criminal Courts. "


Effective Decisions Article 30. In paragraph 2o. Article 150 of Law 65 of 1993 will read:
"Article 150. Breach of obligations. If convicted they are accused or convicted of offenses committed during the period of detention may not enjoy the benefits of open establishment. Effective Jurisprudence


Article 31. paragraph of Article 6. Law 282 of 1996 will read:
"Article 6. Special powers of the chief prosecutor
PARAGRAFO From preliminary investigations underway will continue knowing prosecutors in charge of the proceedings are rooted to date... into force of this Act, unless the Director of Public Prosecutors Seccional otherwise.


effective Decisions ARTICLE 32. the judicial officers who came to provide services to the regional justice and witnesses linked to programs of protection they intervened in proceedings submitted to the Court, have priority for they are given security by the security Fund of the Judicial Branch and the Public Ministry or the Office for the protection of Victims, witnesses and officials of the Office, every one of them within the scope of their competence.
the Administrative Chamber of the Superior Council of the Judiciary and the Attorney General's Office, as appropriate, shall regulate it pertains to the custody of the measures, records and other documents a confidential nature. Effective Jurisprudence


Article 33. In proceedings for offenses of criminal jurisdiction of specialized circuit judges the validity of this law are executed with indictment and not any expiration of the term to present closing arguments, the competent court will apply the ordinary procedure provided in Title I of Book III of the Code of Criminal Procedure. Effective Jurisprudence


Article 34. The clause 2o. Article 14 of Law 333 of 1996 will read:
"Article 14. Jurisdiction granted in the extinction of ownership Prosecutors Delegates to the Specialized Criminal Courts of Circuit and the supervisor of these in his criminal cases. competition and, in other cases, the prosecutor assigned to the Specialized Unit, or determined by the Attorney General's Office and the Criminal court of the Specialized Circuit or Circuit Criminal court that is hearing the performance. || | Jurisprudence Article 35. Effective





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Replace in articles 66, 67, 68 numeral grades 5, 78, 118. , 134, 206, 217, 339 paragraphs 1o. and 3o., 388 clause 2o., 399 and 542 clause 2o. of Decree 2700 of 1991, the expression "Regional court" by "Specialized Criminal Circuit Judge."
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force ARTICLE 36. Transitory. the documents and other administered by the National Court effects, Unit Delegate Prosecutor before the National Court and the Regional Directorates of Prosecutors, will go to the High Courts of competent Judicial District under Article 35 of this law and the sectional units of Public Prosecutors, the technical investigation and administrative and financial of the judicial districts where the respective processes are filed. Effective Jurisprudence

ARTICLE 37.


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ARTICLE 38.


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ARTICLE 39. Transitory. The processes that the entry into force of this law are aware of the Regional Justice for crimes not covered by article 5. of this law, they will continue to be pending before the Criminal Court Circuit by the competent territorial factor. Effective Jurisprudence


ARTICLE 40. Transitory. Officials and employees to the effective date of this law are linked to the Regional Justice tentativeness be integrated into the corresponding positions of the Specialized Criminal Circuit Judges and Prosecutors Delegates to the Criminal Court of the Specialized Circuit. Once it enters into force the law to create the National High Court, officials and employees to the effective date of this law are linked to the National Court and the Prosecution Unit Delegate to the National Court shall be appointed in tentativeness to hold office corresponding National High Court and Prosecution Unit Delegate to the National High Court, according to the distribution carried out by the Administrative Chamber of the Superior Council of the Judiciary and the Attorney General's Office in accordance with the constitutional provisions and legislation on the particular.
While the law goes into effect that creates the National High Court, Magistrates and current employees of the National Court and Prosecutors of the Delegate Unit before the National Court and employees thereof, shall be appointed tentativeness before the Criminal Chamber of Superior Court of Santa Fe de Bogota and before the Unit Prosecutor-General to the High Court of the Judicial District of Santa Fe de Bogota, DC

Term Notes
ARTICLE 41. Authorize the National Government to make budgetary transfers and additions needed in order to comply with the provisions of this law. Effective Jurisprudence


ARTICLE 42. Transitory. In proceedings which may have received testimonials with identity reserve, the reserve on the identity of the witness will continue and these tests are subject to the general principles of assessment of evidence in the Code of Criminal Procedure.
Except in cases of criminal or disciplinary investigation against the corresponding official, his identity was withheld to those who acted in the processes of competence of the Regional Judges will be maintained. However, beginning January 1. July 1999, these processes are handled without the official who possess knowledge avoque identity reserve, without prejudice to the provisions of Article 158 of this Code. Effective Notes

ARTICLE 43.


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ARTICLE 44.


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ARTICLE 45. The Attorney General's Office will submit an annual report to Congress assessing the compliance with due process and respect for human rights of the accused in this special jurisdiction. Effective Notes


Article 46. In case of violation of due process affecting freedom of the accused or violation of the terms contemplated in the law, the responsible official incur very serious offense. Effective Jurisprudence


Article 47. Article 124 of the Code of Criminal Procedure shall read as follows:.
"Article 124. Competition during the investigation corresponds to the prosecutors before the High Court of Santa Fe de Bogota, DC, or the Court superior who believes the law for the knowledge of the second instance proceedings for offenses competence of Judges Specialized Criminal Circuit:
1 knowledge on appeal of decisions issued by the prosecutors before the Criminal Judges. Specialized circuit.
2. Assign the knowledge of the instruction when present conflict between the prosecutors before the Specialized Criminal circuit Judges.
. 3 Decide on not accepted by the prosecutors to the Criminal Court of recusal . Specialized circuit


Notes Effective Article 48. Article 69 of the Code of Criminal Procedure shall read as follows:
"Article 69. Competition during the trial. A Judges of the Criminal Chamber of the Superior Court of Santa Fe de Bogota, DC, or the High Court to create law for the knowledge of the second instance of the processes by crimes of competition of the Criminal Courts Specialized Circuit, you It corresponds to know:
1. In the second instance, the appeals and indeed in the processes known in the first instance Specialized Criminal Circuit Judges.

2. Action for review of final judgments handed down by the Criminal Court of the Specialized Circuit. Effective Notes


Article 49. The rules included in this law will have a maximum term of eight (8) years. Halfway through this period, the Congress will review its functioning and if necessary, will make changes it deems necessary. Effective Jurisprudence


Article 50. Article 313 of the Code of Criminal Procedure will have a final paragraph reads as follows:
In no case reports of the Judicial Police and the versions provided by informants have probative value in the process. Effective Jurisprudence

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