Key Benefits:
ACT 600 OF 2000
(July 24)
Official Journal No. 44,097 of July 24, 2000
COLOMBIA CONGRESS
906, 2004 >
For which the Code of Criminal Procedure is issued.
DECRETA:
GOVERNING RULES
ARTICLE 1o. HUMAN DIGNITY. 906 of 2004, subject to the implementation process set out in its Article 528> All interveners in the criminal proceedings will be treated with respect due to dignity inherent to the human being.
ARTICLE 2o. INTEGRATION. 906 of 2004, subject to the implementation process set out in Article 528> In criminal proceedings, the rules that are entered in the guarantee are applied in the criminal proceedings. Constitution and in the treaties and international conventions ratified by the Colombian State, without prejudice to the provisions of the article 94 of the Constitution Policy.
ARTICLE 3o. FREEDOM. 906, 2004, subject to the implementation process set out in your Article 528> Everyone has the right to respect their freedom. No one can be disturbed in his or her person or family, nor private of his or her freedom, nor his registered office, but by virtue of written commandment of competent judicial authority, issued with the legal formalities and for reasons previously defined in the law.
Preventive detention, in the terms regulated in this code, will be subject to the need to ensure the appearance of the union process, the preservation of the test and the protection of the community.
ARTICLE 5o. EQUALITY. 906 of 2004, subject to the implementation process set out in its Article 528> It is the duty of the judicial servants to make effective the equality of the interveners in the development of the procedural action and to protect especially those persons who, because of their economic, physical or mental status, are in circumstances of manifest weakness.
ARTICLE 6o. LEGALITY. 906 of 2004, subject to the implementation process set out in its Article 528> No one may be investigated, not judged but in accordance with the procedural law in force at the time of the action procedural, with observance of the own forms of each trial.
The procedural law of substantial or favorable effects, even if it is after the action, will be applied in preference to the restrictive or unfavorable one.
The procedural law has a general and immediate effect.
ARTICLE 7o. PRESUMPTION OF INNOCENCE. 906 of 2004, subject to the implementation process set out in its Article 528> Everyone is presumed innocent and must be treated as such until a final damning sentence on his criminal liability.
In criminal proceedings, all doubt must be resolved in favor of the prosecution.
Only convictions handed down in firm court sentences have the quality of criminal records and contraventions.
ARTICLE 8o. DEFENSE. 906 of 2004, subject to the implementation process set out in Article 528> In any action the right of defense shall be guaranteed, which shall be integral, uninterrupted, technical and material.
No one can be incommunicado.
ARTICLE 9o. PROCEDURAL ACTION. 906 of 2004, subject to the implementation process set out in its Article 528> Procedural action will be developed taking into account respect for fundamental rights of the procedural subjects and the need to achieve the effectiveness of the administration of justice in the terms of this code.
ARTICLE 10. ACCESS TO THE ADMINISTRATION OF JUSTICE. 906 of 2004, subject to the implementation process set out in its Article 528> The State will guarantee all persons effective access to the administration of justice in the terms of due process.
ARTICLE 11. NATURAL JUDGE. 906, 2004, subject to the implementation process set forth in your Article 528> No one may be tried but by judge or competent court pre-existing to the act that is imputed.
jurisdiction will be subject to the law governing the matter.
ARTICLE 12. AUTONOMY AND JUDICIAL INDEPENDENCE. 906 of 2004, subject to the implementation process set out in its Article 528> Judicial decisions made within the criminal proceedings will be the expression of the exercise of the constitutional function of administering justice. Judicial officers will be independent and self-employed.
No superior in the administrative or jurisdictional order may imply, require, determine or advise a judicial officer to impose the decisions or criteria. to be adopted in their providencies.
ARTICLE 13. CONTRADICTION. 906 of 2004, subject to the implementation process set out in its Article 528> In the course of action the procedural subjects will have the right to present and to discuss the tests.
The judicial officer shall be motivated, even when provided by a decision of substantiation, to the measures that affect the fundamental rights of the procedural subjects.
ARTICLE 14. ADVERTISEMENT. 906 of 2004, subject to the implementation process set out in its Article 528> Within the criminal proceedings the trial is public. The investigation will be reserved for non-procedural subjects. The exceptions provided in this code will be applied.
ARTICLE 15. SPEED AND EFFICIENCY. 906 of 2004, subject to the implementation process set out in its Article 528> Any action will be taken promptly and promptly without undue delay. The procedural terms are peremptory and strict compliance.
The judicial officer is obliged to correct the irregular acts, always respecting the rights and guarantees of the procedural subjects.
ARTICLE 16. PURPOSE OF THE PROCEDURE. 906, 2004, subject to the implementation process set out in its Article 528> In procedural action judicial officials will make the substantial right prevail. and seek their effectiveness.
ARTICLE 17. LOYALTY. 906 of 2004, subject to the implementation process set out in its Article 528> Those involved in procedural action are in the duty to do so with absolute loyalty and good faith.
They must act without fear in the exercise of procedural rights and duties.
ARTICLE 18. DOUBLE INSTANCE. 906, 2004, subject to the implementation process set out in your Article 528> Interlocutory statements and providences may be appealed or queried, except for exceptions that enshrine the law.
The superior will not be able to aggravate the penalty imposed when the convict is a single appellant.
ARTICLE 19. RES JUDICATA. 906, 2004, subject to the implementation process set out in its Article 528> The person whose legal status has been defined by an enforceable or providence statement the same binding force, shall not be subjected to a new action for the same conduct, even if it is given a different legal name.
ARTICLE 20. COMPREHENSIVE RESEARCH. 906 of 2004, subject to the implementation process set out in its Article 528> The judicial officer has an obligation to investigate both the favorable and the unfavorable to the interests of the imputed and the other interveners in the process.
ARTICLE 21. RESTORATION AND REPAIR OF THE RIGHT. 906, 2004, subject to the implementation process set out in Article 528> The judicial officer shall take the necessary measures to cease the effects created by the commission of the punishable conduct, the things go back to the previous state and the damages caused by the punishable conduct are compensated.
ARTICLE 22. GRITY. 906 of 2004, subject to the implementation process set out in its Article 528> Procedural action will not cause any of those involved in it.
ARTICLE 23. REFERRAL. 906 of 2004, subject to the implementation process set out in your Article 528> In matters not expressly governed by this Code the provisions are applicable of the Code of Civil Procedure and other procedural laws, provided that they do not object to the nature of the criminal proceedings.
ARTICLE 24. PREVALENCE. 906 of 2004, subject to the implementation process set out in its Article 528> Rector rules are mandatory and prevail over any other provision of this code. They will be used as a basis for interpretation.
BOOK I.
GENERAL PROVISIONS
OF THE ACTIONS
ARTICLE 25. ACTIONS ARISING FROM PUNISHABLE CONDUCT. 906, 2004, subject to the implementation process set out in its Article 528> All punishable conduct originates criminal action and may originate, inter alia, civil action.
PENAL ACTION
ARTICLE 26. ENTITLEMENT. 906, 2004, subject to the implementation process set out in your Article 528. The above, except for the cases in which the number 3 of Article 235 of the Political Constitution is dealt with, which will continue to be dealt with by Law 600 of 2000 > Criminal action corresponds to the State and is exercised by the Office of the Prosecutor General of the Nation during the investigation period and the judges competent during the trial stage; the Supreme Court of Justice advances the investigation and prosecution in the cases referred to in the Political Constitution. Congress exerts criminal action exceptionally.
ARTICLE 27. DUTY TO REPORT. 906 of 2004, subject to the implementation process set out in Article 528> Everyone must report to the authority the punishable conduct of which the commission has knowledge and that they should be investigated ex officio.
The public servant who by any means knows of the commission of a punishable conduct to be investigated ex officio, will initiate without delay the investigation if it has competence for it; otherwise, it will immediately put the fact in knowledge of the competent authority.
ARTICLE 28. EXONERATION OF THE DUTY TO REPORT. 906 of 2004, subject to the implementation process set out in its Article 528> No one is required to make a complaint against himself, against his spouse, partner or permanent partner or against relatives in the fourth degree of consanguinity, second degree of affinity or first civil, or to report any punishable conduct that he has known for cause or for the exercise of his activities legally impose professional secrecy.
ARTICLE 29. REQUIREMENTS OF THE COMPLAINT, OF THE COMPLAINT OR OF THE PETITION. 906 of 2004, subject to the implementation process established in its Article 528> The complaint, complaint or request shall be made under oath, orally or in writing, stating the day and time of its submission and shall contain a detailed account of the facts known to the complainant. The Commission must state, if it is aware, that the same facts have already been brought to the attention of another official. If the complaint is written, the oath shall be understood to be the sole presentation of the oath.
The baseless and anonymous complaints that do not provide evidence or concrete data that will allow the investigation to be conducted will be inadmissible, which will be referred to the agencies that carry out judicial police functions to carry out the investigation. the necessary steps to be taken.
In any case the whistleblower will be able to extend the complaint.
ARTICLE 30. ACCESS TO THE FILE AND PROOF BY THE INJURED PARTY. 906 of 2004, subject to the implementation process established in Article 528> The victim or the injured person, as the case may be, may exercise the right of petition to the judicial officer in order to obtain information or make specific requests, and may provide evidence.
The official must respond within ten (10) days.
ARTICLE 31. CONDITIONS OF PROCESS. 906 of 2004, subject to the implementation process set out in its Article 528> The complaint and the special request are conditions for the processability of the criminal action.
When the punishable conduct requires a special request, it must be filed by the Attorney General of the Nation.
ARTICLE 32. LEGITIMATE PLAINTIFF. 906, 2004, subject to the implementation process set forth in its Article 528> The complaint may be filed only by the taxable person of the punishable conduct. If this is incapable or legal person, it must be formulated by its legal representative. If the legitimate plaintiff has died, his heirs may be present.
When the taxable person is unable to formulate the complaint, or is incapable and lacking legal representative, or is the author or participant of the punishable conduct, the Ombudsman may present it, the Agent of the Public Ministry or the Ombudsman or those who have been directly injured.
In the crimes of food inassistance, the Family Defender will also be legitimate.
ARTICLE 33. EXTENSION OF THE COMPLAINT. 906 of 2004, subject to the implementation process set out in its Article 528> The complaint extends from law to all who have participated in the conduct punishable.
ARTICLE 34. EXPIRATION OF THE COMPLAINT. 906, 2004, subject to the implementation process set out in its Article 528> The complaint must be filed within six (6) months of the date of the punishable conduct. However, where the legitimate plaintiff, for reasons of force majeure or fortuitous case, has not been aware of its occurrence, the term shall be counted from the moment when those disappear, without in this case being more than one (1) year.
ARTICLE 35. CRIMES THAT REQUIRE COMPLAINT. 906, 2004, subject to the implementation process set out in your Article 528> To initiate criminal action, you will need to be held for the following crimes, except where the taxable person is a minor: personal injury without sequelae, which may result in incapacity to work or sickness without exceeding sixty (60) days (C. P. article 112 incites 1o. and 2o.); violation of a foreign room (C. Q. article 189); workplace violation (C. P. article 191); illicit communications violation (C. P. article 192); disclosure or use of reserved documents (C. P. article 194); abusive access to a computer system (C. P. article 195); violation of freedom of work (C. P. article 198); violation of the rights of assembly and association (C. P. article 200); violation of religious freedom (C. P. article 201); impairment and disturbance of religious ceremony (C. Q. article 202); damages or damages to persons or to things intended for worship (C. P. article 203), injury (C. P. article 220); slander (C. P. article 221); indirect slander and slander (C. P. article 222); injury by way of fact (C. P. article 226); reciprocal injures (C. P. article 227); domestic violence (C. P. article 229); food inassistance (C. P. article 233); misappropriation and distoning of family assets (C. Article 236); simple theft the amount of which does not exceed 10 (10) current statutory minimum wages (C. P. article 239 (2o.); theft of use and between owners (C. P. article 242); alteration, disfiguration and impersonation of livestock marks (C. Article 243); a scam whose amount does not exceed ten (10) current minimum legal monthly salaries (C. P. article 246 (3o.); illegal issuance and transfer of cheques (C. P. article 248); breach of trust (C. P. article 249); use of foreign error or fortuitous case (C. P. article 252); asset lifting (C. P. article 253); subtraction of own good (C. Q. Article 254); provision of own well taxed with garment (C. P. article 255); fluid fraud (C. P. article 256); improper use of inside information when committed by a particular (C. P. article 258); misappropriation and distoning of goods (C. P. article 259); usurpation of land (C. P. article 261); usurpation of waters (C. P. article 262); invasion of land or buildings (C. P. article 263); disturbance of possession over real estate (C. Q. article 264); damage to others (C. P. article 265); usury and forward sales surcharge (C. P. article 305).
ARTICLE 36. CRIMES THAT REQUIRE SPECIAL REQUEST. 906 of 2004, subject to the implementation process established in Article 528> Criminal action will be initiated at the request of the Attorney General of the Nation, where the conduct punishable has been committed abroad, has not been judged, the active subject is in Colombia and the following requirements are met:
1. If it has been committed by national, when the Colombian law reprints it with a custodial sentence of a minimum not less than two (2) years.
2. If it has been committed abroad, when the Colombian State or national is harmed, and has the right to be deprived of the liberty, the minimum of which is not less than two (2) years.
3. If it has been committed abroad, when another foreigner is harmed, a custodial sentence of a minimum of more than three (3) years would have been indicated, be it a political crime and not be granted extradition.
4. In crimes for violation of diplomatic immunity and offense to diplomats.
ARTICLE 37. WITHDRAWAL OF THE COMPLAINT. 906, 2004, subject to the implementation process set out in its Article 528> The complaint is a waiver.
The withdrawal may be submitted in writing in any state of the action, before the first or only instance is proposed, it will be extended to all the partners and will not admit retraction. The judicial officer shall verify that the manifestations of the same are freely produced.
ARTICLE 38. EXTINCTION. 906 of 2004, subject to the implementation process set out in its Article 528> Criminal action is extinguished by death, withdrawal, amnesty, prescription, oblation, reconciliation, comprehensive compensation and in other cases covered by the law.
ARTICLE 39. PRECLUDING INVESTIGATION AND TERMINATION OF PROCEDURE. 906, 2004, subject to the implementation process set out in its Article 528> At any time of the investigation in which it appears demonstrated that the conduct has not existed, or that the union has not committed it, or that it is atypical, or that a causal causal of responsibility is demonstrated, or that the action could not be initiated or cannot be continued, the Attorney General of the Nation or its delegate shall declare the criminal investigation preclued by providence Interlocutory.
The judge, considering the same grounds, will declare the termination of proceedings when they are verified during the trial stage.
ARTICLE 40. ADVANCE STATEMENT. 906, 2004, subject to the implementation process set out in your Article 528. The above, except for the cases in which the number 3 of article 235 of the Political Constitution is dealt with, which will continue to be dealt with by Law 600 of 2000 > From the diligence of inquiry and before the decision to close the investigation is executed, the defendant may request, for one time, that the sentence be given in advance.
The request, the Attorney General of the Nation or its delegate, if deemed necessary, will be able to extend the investigation and to practice tests within a maximum period of eight (8) days. The charges made by the Prosecutor General of the Nation or his delegate and his acceptance by the defendant will be entered in an act signed by those who have intervened.
The proceedings shall be sent to the competent judge who, within ten (10) working days, shall give judgment in accordance with the facts and circumstances accepted, provided that there has been no breach of fundamental guarantees.
The judge will issue the appropriate penalty and on the amount that will determine a decrease of a third (1/ 3) part of it for the reason of having accepted the process of its responsibility.
An advance sentence may also be issued, when the prosecution resolution is proposed and until before the providence that sets the date for the holding of the public hearing is executed, the defendant will accept the criminal responsibility. of all the charges raised there. In this case the downgrade will be an eighth (1/ 8) part of the penalty.
The record that contains the charges accepted by the defendant is equivalent to the charge resolution.
In the processes in which the legal situation is required to be defined and an advance judgment is requested, the due diligence must be carried out within three (3) days following the execution of the decision.
In the case of multiple defendants or offenses, partial acceptances may be permitted, in which case the procedural unit will be broken from the completion of the due diligence.
Against the judgment will proceed with the law, which the Attorney General of the Nation or its delegate, the Public Ministry, the Attorney General, and his human rights defender will be able to bring. the deprivation of liberty and the extinction of the domain over goods. The civil party may institute proceedings when it is in the legal interest to do so.
From the moment that the advance sentence is requested until when the providence that decides on the acceptance of the charges is proposed, the procedural and prescription terms of the criminal action are suspended. However, urgent measures of instruction may be carried out in order to avoid the disappearance, alteration of the evidence or remains of the event.
It will be settled in the advance judgment regarding civil liability when there is evidence of the damages caused.
PARAGRAFO. This procedure will also be applied, keeping the nature of the decisions, in those criminal proceedings that the Criminal Cassation Room of the Supreme Court of Justice is fully aware of.
ARTICLE 41. RECONCILIATION. 906, 2004, subject to the implementation process set out in your Article 528> The reconciliation proceeds in those crimes that admit withdrawal or comprehensive compensation.
In the instruction opening resolution, the official will point out the date and time for the reconciliation hearing, which will take place within the next ten (10) days and will be performed with the presence of their proxies. However, at the request of the procedural or ex officio subjects, the judicial officer may at any time arrange for a conciliation hearing.
If any of the above is unable, your legal representative will be present.
During the hearing, the direct intervention of the proxies will not be allowed, only the dialogue with their powers in order to advise them to propose formulas for conciliation.
If an agreement is reached, the judicial officer will approve it when it considers it to be in accordance with the law.
Obtained the conciliation, the Attorney General of the Nation or its delegate or the judge will be able to suspend the performance up to a maximum term of sixty (60) days for the fulfillment of the agreed. No extension of the term to comply with the agreement will be accepted. Verification of compliance shall be made, if the decision is to be inhibited, to precluding the instruction or to the cessation of proceedings.
If the agreement is not fulfilled, the procedural action will be continued immediately.
No more than two (2) reconciliation hearings can be performed during the process.
Until before the judgment of the first instance is given, the judicial officer shall approve the reconciliations which have been held in an officially recognized conciliation centre or a judge of peace.
ARTICLE 42. COMPREHENSIVE COMPENSATION. 906, 2004, subject to the implementation process set out in Article 528> In crimes that admit withdrawal, in those of culpable homicide and personal injury culpous when there is no case of punitive aggravation enshrined in articles 110 and 121 of the Criminal Code, in those of personal injury In the case of criminal offences against copyright and other criminal offences, the in processes for crimes against the economic estate when the amount does not exceed two hundred (200) current statutory minimum wages, the criminal action is extinguishing for all syndicates when any damage is fully repaired.
Except for the crimes of qualified theft, extortion, violation of the moral rights of the author, fraud against the property rights of author and violation of their protection mechanisms.
The termination of the action referred to in this Article may not be continued in another process in respect of persons in whose favour there has been a proffered inhibitory decision, precluding of the investigation or termination for that reason, within the five (5) previous years. For that purpose, the Office of the Prosecutor General of the Nation shall keep a record of the decisions that have been made pursuant to this article.
The integral repair shall be carried out on the basis of the guarantee that the damages will make an expert, unless there is agreement on the same or the injured party expressly has been compensated.
ARTICLE 43. EXTRAPENAL DECISIONS. 906 of 2004, subject to the implementation process set out in Article 528> The judicial officer must resolve in criminal proceedings arising from the action and which are not elements constituting the punishable conduct, taking into account the effectiveness of the principle of the restoration of the right, applying the relevant material legal rules and the criminal proceedings as regards the test and its assessment.
ARTICLE 44. WAIVER OF PRESCRIPTION. 906 of 2004, subject to the implementation process set out in its Article 528> Syndicated may waive the prescription of criminal action prior to the execution of the providence that declares it.
CIVIL ACTION
ARTICLE 45. HEADLINES. 906 of 2004, subject to the implementation process set out in your Article 528> Individual or popular civil action for the compensation of individual damages and damages collectives caused by the punishable conduct, may be exercised before the civil jurisdiction or within the criminal proceedings, at the choice of the natural or legal persons harmed, by the heirs or successors of those, by the Public Ministry or by the popular actor in the case of direct injury to collective legal goods. In this last event, only one citizen can act and it will be recognized who first becomes. The popular actor will enjoy the poverty benefit benefit of the Code of Civil Procedure.
If the holder of the indemnification action does not have the free administration of his assets and will choose to exercise it in the criminal proceedings, it will be constituted in civil part by means of a lawsuit filed by his legal representative.
ARTICLE 46. WHO MUST INDEMNIFY. 906, 2004, subject to the implementation process set out in Article 528> They are jointly and severally obligated to repair the damage and to compensate for the damages caused by the conduct punishable by persons who are criminally liable and who, in accordance with the substantive law, must repair the damage.
