Law 600 of 2000
Official Gazette No. 44097 of July 24, 2000 CONGRESS COLOMBIA
By which is issued the Code of Criminal Procedure. Summary
DECREES: PRELIMINARY TITLE
Rules governing ARTICLE 1o. HUMAN DIGNITY. All involved in criminal proceedings will be treated with respect for the inherent dignity of the human being. Effective Notes
. INTEGRATION. In criminal proceedings the rules on guarantees are contained in the Constitution and in international treaties and conventions ratified by the Colombian State, without prejudice to Article 94 of the Constitution shall apply. Effective Notes
ARTICLE 3o. FREEDOM. Everyone has the right to freedom is respected. No one may be molested in his person or family, or deprived of his liberty, nor his home searched, except by written order of a competent judicial authority, issued with the legal formalities and for reasons previously defined by law.
Preventive detention, under the terms regulated by this code, shall be subject to the need to ensure the appearance of the accused process, preservation of evidence and the protection of the community. Effective Notes
. HABEAS CORPUS. Effective Jurisprudence
The 5th ARTICLE. EQUALITY. It is the duty of judicial officials make equal of those involved in the development of procedural action and especially protect those who for their economic, physical or mental condition are in obviously vulnerable circumstances. Effective Notes
. LEGALITY. No one may be investigated or tried but according to the current time from the proceedings procedural law, observing the forms appropriate to each case.
The procedural law of permissive or favorable substantial effects, even if it is after the action, it shall be applied in preference to restrictive or unfavorable.
The procedural law is general and immediate effect. Effective Notes
Article 7. PRESUMPTION OF INNOCENCE. Everyone is presumed innocent and must be treated as such while a final conviction on criminal liability does not occur.
In criminal proceedings any doubt should be resolved in favor of the defendant.
Only convictions handed down in court final judgments have the quality of criminal and misdemeanors background. Effective Notes
. DEFENDING. In any action the right of defense will be ensured, which should be comprehensive, Uninterruptible, technical and material.
No one may be held incommunicado. Effective Notes
Article 9. ACTION LITIGATION. The procedural action be developed taking into account respect for the fundamental rights of the litigants and the need to ensure the effectiveness of the administration of justice in terms of this code. Effective Notes
ARTICLE 10. ACCESS TO THE ADMINISTRATION OF JUSTICE. The State shall guarantee everyone effective access to the administration of justice in terms of due process. Effective Notes
ARTICLE 11. NATURAL JUDGE
. No one may be tried but by judge or competent court to preexisting imputed act.
The indigenous jurisdiction is subject to the law governing the matter. Effective Notes
ARTICLE 12. JUDICIAL INDEPENDENCE AND AUTONOMY. Judicial decisions issued in criminal proceedings will be the expression of the exercise of the constitutional function of administering justice. Judicial officials shall be independent and autonomous.
No superior in the administrative or judicial order may insinuate, demand, determine or advise a judicial officer to impose decisions or criteria to be adopted in their decisions. Effective Notes
Article 13. Contradiction. Developing action to the proceedings shall be entitled to present and contest the evidence.
The judicial officer must motivate, even when provided by the decision of substantiation, measures affecting fundamental rights of the litigants. Effective Notes
ARTICLE 14. ADVERTISING. In criminal proceedings the trial is public. The research will be reserved for those who are not parties to the proceedings. the exceptions provided in this Code shall apply. Effective Notes
speed and efficiency. All actions will be dispensed promptly and dutifully without undue delay. Procedural terms are absolute and strict compliance.
The judicial officer is obliged to correct irregular acts, while respecting the rights and guarantees of procedural subjects. Effective Notes
ARTICLE 16. PURPOSE OF THE PROCEDURE. In the procedural action judicial officials will prevail substantive law and seek their effectiveness. Effective Notes
ARTICLE 17. LOYALTY. Those involved in the procedural action are on duty to do so with absolute loyalty and good faith.
Must act without recklessness in the exercise of procedural rights and duties. Effective Notes
ARTICLE 18. DOUBLE
INSTANCE. And interlocutory judgments may be appealed or consulted, except as provided by law.
The higher court may not impose a heavier penalty when the accused is the sole appellant. Effective Notes
ARTICLE 19. DOUBLE JEOPARDY. The person whose status has been defined by final judgment or order which has the same binding force, will not be subject to a new action for the same conduct, although it is given a different legal name. Effective Notes
20. Article INTEGRAL
RESEARCH. The judicial officer has the obligation to investigate matters both favorable and unfavorable to the interests of the accused and other participants in the process. Effective Notes
ARTICLE 21. RESTORATION AND REPAIR OF LAW. The judicial officer shall take the necessary measures to cease the effects created by the commission of the criminal offense measures things back to the previous state and the damage caused by the criminal offense be compensated. Effective Notes
gratuitousness. The procedural action will not cause any expenditure to intervene in it. Effective Notes
ARTICLE 23 REFERRAL. In those matters that are not already expressly regulated by this Code the Code of Civil Procedure and other procedural rules are applicable, provided they do not oppose the nature of the criminal proceedings. Effective Notes
PREVALENCE. The governing standards are mandatory and take precedence over any other provision of this code. They will be used as the basis for interpretation. Effective Notes
TITLE I. GENERAL PROVISIONS OF SHARES
ARTICLE 25. CONDUCT actions arising PUNITIVE. Any conduct punishable criminal action originates and can cause, among others, civil action. Effective Notes
Article 26. OWNERSHIP. The criminal action for the State and is exercised by the Attorney General's Office during the investigation stage and competent judges during the trial stage; the Supreme Court conducting the investigation and prosecution in the cases specified in the Constitution. Congress exercises exceptionally prosecution. Effective Notes
ARTICLE 27. DUTY TO REPORT. Everyone must report to the authority punishable offenses whose commission is aware and to be investigated ex officio.
Public servant who by any means known in the commission of a criminal offense to be investigated ex officio, initiate without delay the investigation if he is competent to do so; otherwise, the fact shall immediately inform the competent authority. Effective Notes
ARTICLE 28. EXEMPTION OF DUTY TO REPORT. Nobody is obliged to submit a complaint against himself, against his spouse, permanent partner or against his relatives within the fourth degree of consanguinity, affinity or first civil degree, or to denounce the criminal conduct that is known to cause or occasion the exercise of activities legally impose professional secrecy. Effective Notes
ARTICLE 29. REQUIREMENTS FOR WITHDRAWAL OF THE COMPLAINT OR PETITION. The complaint, complaint or request made under oath, orally or in writing, noting the date and time of your presentation and will contain a detailed account of the facts known to the complainant. This shall state, if it is satisfied that the same facts have already been brought to the attention of another. If the complaint whether written, the oath means provided by the mere filing of it.
Unfounded complaints and anonymous that not furnish proof or concrete data to guide the research is inadmitirán, which will be sent to the developers of judicial police functions to perform the necessary verification measures.
In any case, the complainant may extend the complaint. Effective Notes
ARTICLE 30. ACCESS TO THE FILE AND CONTRIBUTED TESTS FOR HANDICAPPED. The victim or the injured, as the case may exercise the right to petition the judicial officer in order to obtain information or make specific requests and can provide evidence.
The official shall respond within ten (10) days. Effective Notes
ARTICLE 31. CONDITIONS
processability. The complaint and the petition are special conditions processability of prosecution.
When the criminal offense requires special request must be filed by the Attorney General's Office. Effective Notes
ARTICLE 32 LEGITIMATE PLAINTIFF. The only complaint may be filed by the taxpayer of the criminal offense. If the latter is unable or legal person, it must be made by his legal representative. If the complainant is deceased legitimate, they may submit their heirs.
Where the taxable person was unable to make the complaint, or is incapable and has no legal representative, or he is author or participant in the criminal offense, it may be submitted by the Family Ombudsman, the Public Prosecutor or the Ombudsman village or direct hit.
Will also legitimate complainant offenses in the absence of food Family Advocate.
ARTICLE 33. EXTENSION OF THE COMPLAINT. The complaint extends right against all who have participated in the criminal offense. Effective Notes
ARTICLE 34. EXPIRY OF THE COMPLAINT. The complaint must be filed within six (6) months following the commission of the criminal offense. However, when the legitimate complainant, for reasons of force majeure or fortuitous accredited, has not been aware of its occurrence, the term is counted from the time when those disappear, without which in this case is greater than one (1 ) year. Effective Notes
ARTICLE 35. OFFENSES REQUIRING COMPLAINT. To start criminal action will be necessary complaint with the following offenses, except where the taxable person is a minor: personal injury without sequelae, which nevertheless have inability to work or illness not to exceed sixty (60) days (CP Article 112 paragraphs on the 1st . and 2nd).; Room violation of Others (CP Article 189); rape in the workplace (CP Article 191); unlawful violation of communications (CP Article 192); disclosure or use of confidential documents (CP Article 194); abusive access to a computer system (C. P. Article 195); violation of freedom of work (Article 198 CP); violation of the rights of assembly and association (CP Article 200); violation of religious freedom (CP Article 201); impairment and disturbance of religious ceremony (CP Article 202); damage or injury to persons or things devoted to worship (CP Article 203), injury (CP Article 220); Slander (CP Article 221); libel and slander indirect (CP Article 222); injury by assault (CP Article 226); mutual insults (CP Article 227); domestic violence (CP Article 229); Food absence (CP Article 233); embezzlement and squandering of family property (CP Article 236); Simple theft which shall not exceed ten (10) monthly legal minimum wage (CP Article 239 clause 2.); Theft of use and between co-owners (CP Article 242); alteration, defacement and theft cattle brands (CP Article 243); scam which shall not exceed ten (10) monthly legal minimum wage (CP Article 246 paragraph 3o.); issuance and illegal transfer of checks (CP Article 248); breach of trust (Article 249 CP); use of foreign error or unforeseeable circumstances (CP Article 252); concealment of assets (CP Article 253); own well subtraction (CP Article 254); available either own a pledge encumbered (CP Article 255); defrauding fluid (CP Article 256); misuse of inside information when committed by an individual (CP Article 258); embezzlement and squandering of assets (CP Article 259); land usurpation (CP Article 261); usurpation of waters (CP Article 262); invasion of land or buildings (CP Article 263); disturbance of possession of property (Article 264 CP); damage to property of others (CP Article 265); usury and charge forward sales (C. P. Article 305). Effective Notes
ARTICLE 36. OFFENSES REQUIRING SPECIAL REQUEST. The criminal action will be initiated at the request of the Attorney General's Office when the criminal offense was committed abroad, there has been tried, the subject is active in Colombia and the following requirements are met:
1. If committed by national, when Colombian law represses with deprivation of liberty whose minimum is not less than two (2) years.
2. If committed by abroad when the State is injured or has provided Colombian national and deprivation of liberty whose minimum is not less than two (2) years.
3. If committed by foreign injured when another foreigner, had been appointed deprivation of liberty whose minimum is more than three (3) years, no case of political crime and extradition is not granted.
4. In crimes for violation of diplomatic immunity and diplomatic offense. Effective Notes
Article 37. WITHDRAWAL OF THE COMPLAINT. The complaint is desistible.
The withdrawal may be submitted in writing at any stage of the performance, before the judgment of first instance or only utters, it will be extended to all partners and will not support withdrawal. The judicial officer will verify that the manifestations of it occur freely. Effective Notes
Article 38. EXTINCTION. The penal action is extinguished by death, withdrawal, amnesty, prescription, oblation, conciliation, comprehensive compensation and in other cases provided by law. Effective Notes
preclusion RESEARCH AND CESSATION OF PROCEDURE. At any time of the investigation appears shown that behavior has not existed, or that the accused non-committed, or that is atypical, or is demonstrated an exclusive causal responsibility, or that the action could not be initiated or not it may be continued, the Attorney General's Office or his delegate shall declare the criminal investigation precluded by interlocutory ruling.
The judge, considering the same grounds, declare the termination of the proceedings when verified during the trial stage. Effective Notes
ARTICLE 40. Plea Agreement. From the interrogatory and even before it becomes enforceable resolution to close the investigation, the defendant may request, for once, that early judgment.
Carried out the application, the Attorney General's Office or his delegate, if deemed necessary, may expand the investigation and practice tests within a maximum period of eight (8) days. The charges brought by the Attorney General's Office or his delegate and its acceptance by the processing is recorded in a record signed by those who have intervened.
The proceedings shall be forwarded to the competent judge who, within ten (10) working days, issue a judgment based on the facts and circumstances accepted, provided that there has been no violation of fundamental rights.
The judge will dose the penalty applicable and the amount that will determine a decrease of one third (1/3) of it because of having accepted responsibility processing.
It may also dictate anticipated sentence, when uttered the indictment and even before it becomes enforceable providence that date fixed for holding the public hearing the accused will accept criminal responsibility for all charges made there. In this case the rebate is an eighth (1/8) of the sentence.
The minutes containing the charges accepted by the defendant is equivalent to the indictment.
In the processes required to define the legal status and advance ruling is sought, diligence must be made within three (3) days after the execution of the decision.
In the case of several defendants or offenses they may be allowed partial acceptances, in which case the procedural unit will break from the completion of diligence.
Proceed against the ruling resources law, which may bring the Attorney General's Office or his delegate, the Public Ministry; the defendant and his defense regarding the dosage of the penalty of substitute mechanisms of deprivation of liberty and the extinction of dominion over property. The civil party may bring actions when attending legal interest to do so.
From the moment the anticipated sentence even when providence decides on the acceptance of the charges utters requested, the procedural and prescription terms of criminal proceedings are suspended. However, they can be practiced urgent investigative measures aimed at preventing the disappearance, alteration of evidence or traces of the fact.
In early ruling concerning the liability it will be resolved when there is evidence of damages.
PARAGRAFO. This procedure shall also apply, keeping the nature of the decisions in those criminal proceedings that fully knows the Criminal Cassation Chamber of the Supreme Court. Effective Notes
ARTICLE 41. RECONCILIATION. The reconciliation comes in those crimes that support withdrawal or full compensation.
The resolution opening statement, indicate the official date and time for holding conciliation hearing, which will take place within ten (10) days and will take place with the presence of their parents. However, at the request of procedural or ex officio subject, the judicial officer may at any time holding conciliation hearing. Effective Jurisprudence
If any of the above regardless incapable, his legal representative concur. During the hearing
no direct intervention by proxies shall be permitted only dialogue with their constituents in order to advise them to propose formulas for conciliation.
If an agreement be reached, the judicial officer will approve when deemed accordance with the law. Obtained
conciliation, the Attorney General's Office or his delegate or the judge may suspend performance for a maximum period of sixty (60) days to comply with the agreement. No extension of the term shall be allowed to fulfill the agreement. Verified compliance inhibitory utter resolution of preclusion of the investigation or termination of proceedings.
If the agreement is not met, it will immediately continue with the procedural action.
No may perform more than two (2) conciliation hearings during the process.
Even before issuing the first instance judgment, the judicial officer will approve the reconciliations have concluded a mediation center officially recognized or before a justice of the peace. Effective Notes
ARTICLE 42. INDEMNITY
INTEGRAL. In crimes that support withdrawal, in manslaughter and negligent personal injury when not under any of the circumstances Aggravating enshrined in Articles 110 and 121 of the Penal Code, those of intentional injury with temporary sequelae in crimes against copyright and processes for crimes against economic assets when the amount does not exceed two hundred (200) monthly legal minimum wages, criminal proceedings are extinguished for all union members when any fully repair the damage. Effective Jurisprudence
Aggravated theft offenses are excepted, extortion, violation of moral rights, economic rights defrauding copyright and violation of its protection mechanisms.
The extinction of the action that this article may not be uttered in another process with respect to persons in whose favor means restraining order has been proffered, preclusion of the investigation or cessation for this reason, within five (5 ) previous years. For this purpose, the Attorney General's Office shall keep a record of the decisions that have been proffered by the application of this article.
The integral compensation shall be based on the assessment that the damage done an expert, unless there is agreement on the same or manifest the injured have been expressly indemnified. Effective Notes
ARTICLE 43. DECISIONS
extrapenal. The judicial officer shall decide within criminal proceedings the extrapenal issues arising from the action and are not constituent elements of the criminal offense, taking into account the effectiveness of the principle of restoration of the right, applying the legal rules relevant material and criminal procedure regarding testing and assessment. Effective Notes
ARTICLE 44. WAIVER OF PRESCRIPTION. The accused may waive the limitation for criminal action before the enforcement of the ruling that declared. Effective Notes
CHAPTER II. CIVIL ACTION
HOLDERS. Individual or for compensation for individual damages and collective caused by the criminal offense, civil action may be brought before the civil courts or in criminal proceedings, a choice of natural or legal persons affected by the heirs or successors of those, by the prosecution or by the popular actor in the case of direct injury to collective legal rights. In the latter event, you can only act a citizen and will be recognized who first constituted. The popular actor will enjoy the benefit of under poverty that is the Code of Civil Procedure. Effective Jurisprudence
If the holder of the claim for damages is not free to administer their property and chooses to exercise it in criminal proceedings, shall be constituted in part by civil lawsuit filed by his legal representative. Effective Notes
ARTICLE 46. WHO SHOULD PAY COMPENSATION. They are jointly and severally liable to repair the damage and repair the damage caused by the criminal conduct of persons who are criminally liable and who, according to the substantive law, need to repair the damage. Effective Notes