Key Benefits:
678
(August 3)
Official Journal No. 44,509 of 4 August 2001
By means of which the determination of the patrimonial liability of the agents of the State is regulated through the exercise of the action of repetition or appeal in guarantee for the purpose of repetition.
THE CONGRESS OF THE REPUBLIC OF COLOMBIA
DECRETA:
SUBSTANTIVE ASPECTS.
ARTICLE 1o. LAW OF LAW. This law is intended to regulate the patrimonial liability of and former public servants servers and individuals who perform public functions, through the exercise of the repeating action that is dealt with by article 90 of the Political Constitution or the call for warranty for repeat purposes.
ARTICLE 2o. REPEAT ACTION. The repeat action is a civil action of a patrimonial character that must be exercised against the server or former public servant that as a result of his or her intentional or gravely culpable conduct compensation by the State, resulting from a conviction, reconciliation or other form of termination of a conflict. The same action shall be exercised against the particular person who, in a dolous or seriously culpable manner, has caused the property repair to be caused by a public function.
However, in the terms of this law, the server or former public servant or the particular public office vested may be called as a guarantee within the process of liability against the public entity, with the same purposes as the repeat action.
PARAGRAFO 1o. For repeat purposes, the contractor, the controller, the consultant, and the advisor are considered to be specific to the public in all matters concerning the holding, execution and settlement of the contracts that they hold with the State entities, therefore they shall be subject to the provisions of this law.
For the recovery of the loss of profit determined by the contralories in the failures that put an end to the processes of fiscal responsibility, the established procedure will be used in this law for the exercise of the replay action.
PARAGRAFO 2o. This action must also be attempted when the State pays the allowances provided for in the 1996 288 Act, provided that the indemnification recognition has been the conduct of the responsible agent has been intentional or seriously culpable.
PARAGRAFO 3o. The replay action shall also be exercised against the officials of the Judicial Branch and the Military Criminal Justice, in accordance with the provisions of this law and the rules on the matters are covered by the Statute of the Administration of Justice.
PARAGRAFO 4o. In contractual matters, the act of the delegation does not absolve legal responsibility for the action of repetition or appeal in guarantee to the delegator, which may be called to respond in accordance with with the provisions of this law, jointly and severally with the delegate.
ARTICLE 3o. PURPOSES. The repetition action is intended to ensure the principles of morality and efficiency of the public service, without prejudice to the remuneration and preventive purposes inherent in it.
ARTICLE 4. ENFORCEMENT. It is the duty of public entities to exercise the action of repetition or the call for assurance, when the damage caused by the State has been the result of the intentional or gravely culpable conduct of its agents. Failure to comply with this duty constitutes disciplinary failure.
The conciliation committee of the public entities that have the duty to make it or the legal representative in those that do not have it constituted, must take the decision regarding the action of repetition and to leave express and justified of the reasons on which it is based.
ARTICLE 5o. DOLO. The conduct is painful when the agent of the State wants the realization of a fact that is alien to the purposes of the service of the State.
The public agent is presumed to exist for the following reasons:
1. Work with power deviation.
2. Having issued the administrative act with vices in its statement of reasons for the absence of the fact of the decision taken or of the rule which serves as a basis.
3. To have issued the administrative act with false motivation for deviation from the reality or concealment of the facts that serve as a basis for the decision of the administration.
4. To have been criminally or disciplinarily responsible for the same damages that served as the basis for the State's patrimonial responsibility.
5. Having issued the judgment, the self or judgment manifestly contrary to law in a judicial process.
ARTICLE 6o. GRAVE GUILT. The conduct of the State's agent is seriously blamed when the damage is the result of a direct violation of the Constitution or the law or an inexcusable omission or overstepping in the exercise of the functions.
It is presumed that the behavior is severely blamed for the following causes:
1. Manifest and inexcusable violation of the rule of law.
2. Lack of or abuse of competence to grant a decision annulled, determined by inexcusable error.
3. Omission of substantial or essential forms for the validity of administrative acts determined by inexcusable error.
4. Violate manifests and inexcusably due process regarding arbitrary detentions and procrastination in the procedural terms with physical detention or body.
PROCEDURAL ASPECTS.
ARTICLE 7o. JURISDICTION AND JURISDICTION. The jurisdiction of the administrative litigation shall be known to the repeat action.
The court or tribunal before which the process of patrimonial liability against the State is dealt with or has been dealt with in accordance with the competition rules mentioned in the Administrative Code shall be competent.
When the State's property repair has originated in a conciliation or any other form permitted by law to settle a conflict with the State, the judge or tribunal that has approved the agreement or that exercise territorial jurisdiction in the place where the conflict has been resolved.
PARAGRAFO 1o. When the replay action is exercised against the President or the Vice President of the Republic or who does its times, Senators and Representatives, Office Ministers, department directors Administrative Attorney General of the Nation, Comptroller General of the Republic, Attorney General of the Nation, Ombudsman, Magistrates of the Constitutional Court, Supreme Court of Justice, Superior Council of the Judiciary, of the Superior Courts of the Judicial District, of the Administrative Courts and the Military Criminal Court, will be privatively and in a single instance the Office of the Administrative Contentious of the State Council.
When the action of repetition is exercised against members of the State Council, the Supreme Court of Justice in Plena Room shall be deprived of it in a single instance.
Equal competition will be followed when the action is brought against these senior officials even though they have disengaged from the service and provided that the damage caused by the repair of the State has been caused by its conduct dolous or seriously culpable during the time they have been such quality.
PARAGRAFO 2o. If the action is attempted against multiple officials, the judge who would know the process against the higher hierarchy will have jurisdiction.
ARTICLE 8o. LEGITIMATION. Within a period of not more than six (6) months following the total payment or payment of the last instalment made by the public entity, the action of repetition shall be exercised by the legal person governed by public law directly harmed by the payment of a sum of money as a result of a conviction, reconciliation or any other form of settlement of a conflict permitted by law.
If the repeat action is not started on the term and the entitled entity mentioned above, you can exercise the replay action:
1. The Public Ministry.
2. 6o. of Law 1474 of 2011. The new text is as follows: > The Ministry of Justice and Law, through the Directorate of Judicial Defense of the Nation or who does its own times.
PARAGRAFO 1o. Any person may require the legitimized entities to establish the repeat action, the decision to be taken shall be communicated to the requi.
PARAGRAFO 2o. If the legal representative of the entity directly harmed by the payment of the sum of money referred to in this article does not initiate the action in the stipulated term, it shall be incourted by removal.
ARTICLE 9o. DESISTTERA. None of the entities entitled to impose the repeat action may desist from this.
ARTICLE 10. PROCEDURE. The replay action will be processed in accordance with the ordinary procedure provided in the Administrative Contentious Code for direct repair actions.
ARTICLE 11. EXPIRATION. The repeat action will expire at the expiration of the two (2) year term from the day following the date of the total payment made by the public entity.
When the payment is made in installments, the expiration term will begin to be counted from the date of the last payment, including the costs and agencies in law if you have condemned them.
PARAGRAFO. The amount of the claim for the repeat claim shall be fixed by the total and net value of the sentence imposed on the State plus the value of the costs and agencies in law if it has been condemned to them. a reconciled settlement or the sum determined by any other dispute settlement mechanism, without taking into account the value of the interest to be caused.
ARTICLE 12. JUDICIAL CONCILIATION. In the process of repetition, either on its own initiative or at the request of a party, there shall be a conciliation hearing. The aforementioned entity may reconcile on formulas and time limits for payment and on the capital to be paid as long as the agreement that is reached is not detrimental to the interests of the State. The judge or magistrate must approve the agreement.
ARTICLE 13. EXTRA-JUDICIAL CONCILIATION. Whenever there is no judicial process and in the same terms as the previous article, the entities that have the duty to initiate the action of repetition will be able to reconcile extra-judicially with the agents of the Public Ministry or competent administrative authority in accordance with the applicable rules governing the matter.
Reached a conciliatory agreement, within three (3) days of its conclusion it will be referred to the judge or corporation competent to know of the respective judicial action, for the purpose of giving its approval or improbate. The auto approval will not be queried.
ARTICLE 14. QUANTIFICATION OF THE SENTENCE. When the judicial authority that is aware of the action of repetition or the appeal in guarantee decides that the damage caused to the State was by the dolo to the serious fault of one of its agents, that quantifying the amount of the sentence corresponding to the degree of participation of the agent in the production of the damage, serious fault or dolo to his personal conditions and to the assessment based on the evidence provided to the replay process.
ARTICLE 15. ENFORCEMENT IN CASE OF CONVICTIONS OR JUDICIAL RECONCILIATIONS IN REPEAT ACTION. In the judgment of conviction in the matter of action of repetition the respective authority of trade or at the request of party, must establish a deadline for the compliance of the obligation.
Once the term has expired without the repeated cancellation of the obligation, the jurisdiction that you knew of the repetition process will continue to be aware of the execution process without lifting the precautionary measures, in accordance with the rules governing the ordinary executive process laid down in the Code of Civil Procedure.
The same procedure will be followed in cases where in the judicial conciliation within the process of repeat action, deadlines are set for the fulfilment of the obligation.
ARTICLE 16. ENFORCEMENT IN APPEAL IN WARRANTY AND EXTRAJUDICIAL RECONCILIATION. The executed judgment declaring the civil liability of the state agents, by way of the appeal on warranty, or the self-approval of the An out-of-court settlement duly executed, shall provide executive merit by way of the co-active jurisdiction, from the moment the official is not present.
The process that carries out the execution of the statement will be in accordance with the provisions of the rules in force.
ARTICLE 17. SERVICE DISENGAGEMENT, CONTRACTUAL EXPIRATION AND OVER-COMING INABILITY.
ARTICLE 18. CONTROL AND RECORD OF INSKILLS.
WARRANTY APPEAL.
ARTICLE 19. WARRANTY APPEAL. Within the State of the State liability processes relating to contractual disputes, direct repair and nullity and reestablishment of the right, the public entity directly the Public Ministry, may request the appeal in guarantee of the agent against which it appears evidence summary of its responsibility to have acted with dolo or serious fault, so that in the same process the responsibility of the administration and that of the official.
PARAGRAFO. The public entity will not be able to guarantee the agent if within the defence of the claim he proposed exceptions of sole fault of the victim, made of a third party, fortuitous case or force majeure.
ARTICLE 20. PROVENANCE OF THE APPEAL.
In cases where a warrant is issued, this will be carried out in separate notebook and in parallel with the State responsibility process.
ARTICLE 21. CONCILIATION. When in a process of state responsibility the appeal is exercised in guarantee and it ends through conciliation or any other form of termination of conflicts, the state agent called will be able in the same audience to reconcile the claims against them. If you do not do so, the calling process will continue to culminate with statement, without prejudice to attempting a new reconciliation hearing, which must be requested by mutual agreement between the parties.
ARTICLE 22. CONVICTION. In the judgment that puts an end to the process of responsibility against the State, the judge or magistrate will decide not only on the claims of the main claim but also on the liability of the agent called in guarantee and the repetition that corresponds to the State with respect to that State.
When the main process aborts, through reconciliation or any form of conflict termination allowed by law, the calling process will be followed.
PRECAUTIONARY MEASURES.
ARTICLE 23. PRECAUTIONARY MEASURES. In the processes of action repetition are the measures of embargo and sequestration of goods subject to registration according to the rules of the Code of Civil Procedure. The registration of the demand for goods subject to registration may also be decreed.
To order the precautionary measures, the plaintiff must provide caution to guarantee any damages that may be caused to the defendant, in the amount that the judge or magistrate establishes.
ARTICLE 24. OPPORTUNITY FOR PRECAUTIONARY MEASURES. The judicial authority which is aware of the action of repetition or of the call for a guarantee, before the notification of the self-order of the claim, will decree the measures of the registration of the goods subject to registration, seizure and sequestration of goods, which have been requested.
ARTICLE 25. EMBARGO AND SEQUESTRATION OF GOODS SUBJECT TO REGISTRATION. At the request of the entity that interputs the action of repetition or that requests the appeal in guarantee, the judicial authority shall decree the embargo of goods subject to registration and free trade the competent authorities to make the measure effective in accordance with the terms laid down in the Code of Civil Procedure.
The sequestration of the goods subject to registration will be practiced once the embargo has been registered and provided that the certification issued by the competent authorities shows the defendant as its owner.
ARTICLE 26. REGISTRATION OF THE CLAIM IN RESPECT OF GOODS SUBJECT TO REGISTRATION. The judicial authority which is aware of the action of repetition or of the appeal in guarantee, before notifying the claim or the order admitting the appeal, must officiate at the competent authorities on the adoption of the measure, pointing out the conflicting parties, the class of proceedings and the identification, registration and registration of the goods.
The registration of the claim does not put the goods outside of the trade but who acquires them later will be subject to the provisions of article 332 of the Code of Civil Procedure. If, for those purposes, actual levies are constituted or the domain is limited, such effects shall be extended to the holders of the corresponding rights.
In the event that the statement of repetition or the call in warranty condemns the official, the registration of the judgment and the cancellation of the records of the transfers of property, taxes and limitations of the domain performed, shall be available, after the registration of the claim.
ARTICLE 27. SEIZURE AND SEIZURE OF GOODS NOT SUBJECT TO REGISTRATION. The seizure of goods not subject to registration shall be perfected by their abduction, which shall fall on the goods that are reported as property of the defendant.
ARTICLE 28. RESOURCES. The order that resolves to any of the precautionary measures is susceptible to the resources of replenishment, appeal and complaint in accordance with the general rules of the Administrative Contentious Code.
ARTICLE 29. CAUSE OF LIFTING OF THE PRECAUTIONARY MEASURES. The request for the lifting of precautionary measures shall proceed in the following cases:
1. When the process is finished, the state agent is cleared of the repetition claim.
2. When the defendants or those involved in the process lend money or constitute a bank guarantee or insurance company for the amount that the judge points out in order to guarantee the payment of the sentence. This will proceed within the process of repetition, the call for warranty, as well as the execution of the failure.
ARTICLE 30. REPEAL OF ARTICLE 54 OF LAW 80 OF 1993. Repeal Article 54 of Law 80 of 1993.
ARTICLE 31. VALIDITY. This law governs from the date of its publication and repeals the rules that are contrary to it.
The President of the honorable Senate of the Republic,
MARIO URIBE ESCOBAR.
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
BASILIO VILLAMIZAR TRUJILLO.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada en Bogotá, D. C., 3 August 2001.
ANDRES PASTRANA ARANGO
The Minister of Justice and Law,
ROMULO GONZALEZ TRUJILLO.
