LAW 733 OF 2002

(January 29)

Official Journal No 44.693 of 31 January 2002

By means of which measures are needed to eradicate crimes of kidnapping, terrorism and extortion, and other provisions are issued.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Article 168 of Act 599, 2000, will be as follows:

Simple Sequestro. For purposes other than those provided for in the following article, take away, subtract, retain, or hide a person, commit a prison of twelve (12) to twenty (20) years and fine of six hundred (600) to a thousand (1000) monthly minimum legal wages in force.

ARTICLE 2o. Article 169 of Act 599, 2000, will be as follows:

Extortionate kidnapping. The one who outbursts, subtracted, retains, or hides a person, for the purpose of demanding for their freedom a profit or any utility, or for something to be done or omitted, or for advertising or political character, will be in prison of twenty (20) to twenty-eight (28) years and fine of two thousand (2,000) to four thousand (4,000) monthly minimum legal wages in force.

ARTICLE 3o. Article 170 of Act 599, 2000, will remain as follows:

Circumstances of punitive aggravation. The penalty for the extortionate kidnapping will be twenty-eight (28) to forty (40) years and the fine will be five thousand (5,000) to fifty thousand (50,000) monthly minimum legal wages in force, without exceeding the maximum limit of the custodial sentence laid down in the Criminal Code, if any of the following circumstances arise.

1. If the conduct is committed in a disabled person who is unable to fend for himself or who has a serious illness, or in less than eighteen (18) years, or in greater than sixty-five (65) years, or who does not have the full capacity for self-determination or who is a pregnant woman.

2. If the victim is subjected to physical or moral torture or sexual violence during the time she remains kidnapped.

3. If the deprivation of freedom of the kidnapped is prolonged for more than fifteen (15) days.

4. If the conduct is executed with respect to the relative to the fourth degree of consanguinity, quarter of affinity or first civil, on spouse or companion or permanent partner, or taking advantage of the trust placed by the victim in the author or in any or some of the members. For the purposes set out in this article, the affinity shall be derived from any form of marriage or free union.

5. When the conduct takes place per person who is a public servant or who is or has been a member of the State security forces.

6. When the delivery or verification of the requirements with threat of death or injury or with the execution of an act involving serious common danger or serious harm to the community or to public health is pressed.

7. When committed for terrorist purposes.

8. When the utility, profit or purpose pursued by the authors or participants is obtained.

9. Where the goods or the proffessional or economic activity of the victim is seriously affected.

10. Death or personal injury may occur when the victim is killed or on the occasion of the abduction.

11. If committed in person who is or has been a journalist, community leader, trade union, political, ethnic or religious, or candidate in charge of popular choice, on the basis of that, or who is or has been a public servant and by reason of his/her duties.

12. If the conduct is committed using a forged arrest or arrest warrant or simulating it.

13. When the conduct is committed in whole or in part from a place of deprivation of liberty.

14. If the conduct is partially committed abroad.

15. When you are brought with the kidnapped person during the time of deprivation of liberty.

16. In person internationally protected different or not in

International Humanitarian Law and diplomatic agents, as mentioned in the Treaties and International Conventions ratified by Colombia.

PARAGRAFO. The penalties noted for simple hijacking will be increased from one third to the half when one of the above circumstances is present, except the one listed in the numeral 11.

ARTICLE 4. Article 171 of Law 599 of 2000, shall remain in force, respectively, in the following terms:

Circumstances of punitive attenuation. If within fifteen (15) days of the abduction, the victim shall be voluntarily released, without any of the intended purposes for the abduction being obtained. Extortionate, the penalty will be reduced by half.

In the events of the simple kidnapping there will be equal decrease of the penalty if the kidnapped, within the same term is voluntarily left in freedom.

ARTICLE 5o. Article 244 of Act 599, 2000, will remain as follows:

Extorsion. The one that constrains another to do, tolerate or omit something, for the purpose of obtaining illicit profit or any illicit profit or illicit profit, for himself or for a third party, will incur in prison of twelve (12) to sixteen (16) years and a fine of six hundred (600) to a thousand two hundred (1,200) monthly minimum legal wages in force.

ARTICLE 6o. Article 245 of Act 599, 2000, will remain as follows:

Circumstances of punitive aggravation. The penalty indicated in the previous article will be increased by up to a third (1/ 3) part and the fine will be three thousand (3,000) to six thousand (6,000) monthly minimum legal wages in force, if any of the following circumstances apply:

1. If the conduct is executed with respect to the relative up to the fourth degree of consaguinity, quarter of affinity or first civil, on spouse or companion or permanent partner, or taking advantage of the trust placed by the victim in the author or in any or some of the members. For the purposes set out in this article, the affinity shall be derived from any form of marriage or free union.

2. When the conduct is committed per person who is a public servant or who is or has been a member of the forces, state security.

3. If the constraint is made to be a threat to execute death, injury or kidnapping, or act of which calamity, misfortune or common danger can be derived.

4. When committed for advertising or political purposes, constraining another by means of threats to make, supply, tolerate or omit something.

5. If the purpose or purpose pursued by the agent is to facilitate terrorist acts by constraining another by means of threats to make, to supply, to tolerate or to omit something.

6. Where the goods or the professional or economic activity of the victim are seriously affected.

7. If committed in person who is or has been a journalist, community leader, trade union, political, ethnic or religious, or candidate in charge of popular choice, on the basis of that, or who is or has been a public servant and by reason of his/her duties.

8. If committed using a forged arrest or arrest warrant, or simulating it, or simulating investiture or public office or fingiere belong to the public force.

9. When the conduct is committed in whole or in part from a place of deprivation of liberty.

10. If the conduct is partially committed abroad.

11. In person internationally protected or not in International Humanitarian Law and diplomatic agents, as mentioned in the Treaties and International Conventions ratified by Colombia.

ARTICLE 7o. Article 326 of Act 599, 2000, will have a paragraph 2o. so:

The same penalty will be imposed when the conduct described in the previous paragraph is carried out with money from the extortion, extortion, and related kidnapping, and the fine will be five thousand (5,000) to fifty thousand (50,000) legal minimum wages. Current monthly payments, without prejudice to the confiscation of the respective goods.

ARTICLE 8o. Article 340 of Act 599, 2000, will be as follows:

Consure to commit. When multiple people are aware of committing crimes, each will be penalized, for that single conduct, with imprisonment of three (3) to six (6) years.

When the concert is to commit crimes of genocide, forced disappearance of people, torture, forced displacement, homicide, terrorism, trafficking of toxic drugs, narcotic drugs or psychotropic substances, kidnapping, kidnapping, extortion, extortion, illicit enrichment, laundering of assets or headlong and related, or to organize, promote, arm or finance armed groups outside the law, the penalty will be from six (6) to twelve (12) years and fine of two thousand (2,000) to twenty thousand (20,000) monthly minimum legal wages in force.

The deprivation of liberty will be increased in half for those who organize, encourage, promote, lead, lead, constitute, or finance the concert to commit themselves.

ARTICLE 9o. Article 441 of Act 599, 2000, will have a paragraph 2o.

Omission of denunciation of particular. The one who has knowledge of the commission of crimes of genocide, forced displacement, torture, enforced disappearance, homicide, kidnapping, Abduction or extortion, drug trafficking, trafficking in toxic drugs, narcotic drugs or psychotropic substances, illicit enrichment, scamper time, laundering of assets, any of the conduct against persons and property protected under International Humanitarian Law or (a) the behaviour of pimping when the taxable person is less than 12 (12) years; Without fair cause to report it immediately to the authority will incur in prison of two (2) to five (5) years.

The penalty will be increased in half for the public server that commits any of the above reporting default behaviors.

ARTICLE 10. Article 450 of Act 599, 2000, will be as follows:

Blame mode. The public servant responsible for the surveillance, custody, or driving of a detainee or convicted person who, due to his or her escape, incurs a fine and loss of employment or public office.

When the detainee or convict is deprived of his liberty for the crimes of genocide, homicide, forced displacement, torture, forced disappearance, kidnapping, kidnapping, extortion, terrorism, conspiracy to commit crimes, drug trafficking, illicit enrichment, laundering of assets, or any of the conduct referred to in Title II of this Book, will be in prison from two (2) to four (4) years.

ARTICLE 11. EXCLUSION OF BENEFITS AND SUBROGATES. In the case of terrorist offences, kidnapping, extortion, extortion, and related crimes, the death penalty is not to be reduced by an advance sentence and confession; criminal or criminal surrogacy shall not be granted. replacement mechanisms for the custodial sentence of probation or conditional suspension of execution of the sentence, or probation. Nor shall there be any other benefit or legal, judicial or administrative subrogation of the home prison as a substitute for the prison, except for the cooperation benefits enshrined in the Code of Criminal Procedure, provided that it is is effective.

ARTICLE 12. REDUCTION OF TERMS. For cases of flagrant conduct in the conduct referred to in this law, the term of instruction and the terms of the judgment will be reduced in half. Failure to comply with the above terms will constitute a serious failure and will be punishable by removal from office.

ARTICLE 13. AMNESTY AND PARDON. In no case shall the author or participant of the crimes of terrorism, kidnapping or extortion, in any of its modalities, be able to benefit from amnesties and pardons, nor can they be considered as crimes related to the crime political, given its status as atrocious.

ARTICLE 14. COMPETITION. The knowledge of the offences mentioned in this law is for the Criminal Judges of the Specialized Circuit.

ARTICLE 15. VALIDITY. This law shall enter into effect from the date of its publication and repeals all provisions that are contrary to it, in particular Article 172 of the 599 of 2000.

The President of the honorable Senate of the Republic,

CARLOS GARCIA ORJUELA.

The Secretary General of the honorable Senate of the Republic (E.),

LUIS FRANCISCO BOADA GOMEZ.

The President of the honorable House of Representatives,

GUILLERMO GAVIRIA ZAPATA.

Secretary Gener to the honourable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND COMPLY.

Dada in Bogotá, D. C., on January 29, 2002.

ANDRES PASTRANA ARANGO

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.