2002 (January 29)
Official Journal No 44693 of 31 January 2002
Through which measures to eliminate the crimes of kidnapping, terrorism and extortion are issued, and issuing other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Article 168 of Law 599 of 2000, will read:
simple kidnapping. Which for purposes other than those provided for in the following article, snatches, removes, withholds or conceals a person, be liable to imprisonment of twelve (12) to twenty (20) years and a fine of six hundred (600) to one thousand (1000) monthly minimum wage.
. Article 169 of Law 599 of 2000, will read:
Kidnapping for Ransom. Which snatches, removes, withholds or conceals a person for the purpose of demanding for their freedom as a benefit or utility, or to be done or omitted something, or advertising or political purposes, be liable to imprisonment of twenty (20) to twenty (28) years and a fine of two thousand (2,000) to four thousand (4,000) minimum monthly wage.
ARTICLE 3. Article 170 of Law 599 of 2000, will read:
Aggravating circumstances. The penalty prescribed for the kidnapping is twenty-eight (28) to forty (40) years and the fine will be five thousand (5,000) to fifty thousand (50,000) monthly legal minimum wages, without exceeding the maximum limit of deprivation freedom established in the Penal Code, if concur any of the following circumstances.
1. If the conduct is committed in disabled person who can not fend for itself or suffering from serious illness, or under eighteen (18) years, or more than sixty-five (65) years, or does not have the full capacity self-determination or is pregnant.
2. If the victim is subjected to physical or mental torture or sexual violence during the time that remains kidnapped.
3. If the deprivation of freedom of kidnapped lasts longer than fifteen (15) days.
4. If the behavior towards relative to the fourth degree of consanguinity, fourth affinity or first civil, on spouse or partner or life partner, or taking advantage of the trust of the victim in the author or in one or more of the participants runs. For the purposes specified in this article, the affinity will be derived from any form of marriage or cohabiting.
5. When the behavior is performed by someone who is a public servant or is or has been a member of the state security forces.
6. When delivery or verification of the requirements with threat of death or injury or serious act involving running common danger or serious harm to the community or public health is pressed.
7. When it committed for terrorist purposes.
8. When the utility is obtained, profit or purpose pursued by the authors or participants.
9. When seriously affecting property or profes ional or economic activity of the victim.
10. When due or in connection with the kidnapping will come upon the victim's death or personal injury.
11. If committed in person is or has been a journalist, community, union, political, ethnic or religious leader, or candidate for elected office, because of this, or is or has been a public servant and by reason of their duties .
12. If the conduct is committed using counterfeit arrest warrant or arrest or pretending to have it.
13. When the conduct is committed wholly or partially from a place of deprivation of liberty.
14. If the behavior is partially committed abroad.
15. When traffics with the kidnapped person during the time of deprivation of liberty.
16. In different internationally protected person or not
International Humanitarian Law and Diplomatic Agents of those identified in international treaties and conventions ratified by Colombia.
PARÁGRAFO. The penalties prescribed for the simple kidnapping, be increased by one third to half when concurriere any of the above circumstances, except as set forth in paragraph 11.
ARTICLE 4. Article 171 of Law 599 of 2000, remain in force, respectively, in the following terms:
circumstances of punitive attenuation. If within fifteen (15) days after the kidnapping, he'll leave voluntarily released the victim has been obtained without any of the purposes specified for the kidnapping, the penalty will be reduced up to half.
In the event of simple kidnapping to the same reduction of sentence will take place if the kidnapped, within the same term remaineth voluntarily released.
The 5th ITEM. Article 244 of the Law 599 of 2000, will read:
Extortion. Whoever compels another to do, tolerate or ignore something, in order to get out illegal or illicit use or unlawful benefit for himself or a third party, be liable to imprisonment of twelve (12) to sixteen (16) years and a fine of six hundred (600) to 1200 (1,200) minimum monthly wage.
ARTICLE 6o. Article 245 of Law 599 of 2000, will read:
Aggravating circumstances. The penalty prescribed in the preceding article shall be increased by one third (1/3) and the fine shall be three thousand (3,000) to six thousand (6,000) monthly legal minimum wages, if concur any of the following circumstances: | || 1. If the behavior towards relative to the fourth degree of consanguinity, fourth affinity or first civil, on spouse or partner or life partner, or taking advantage of the trust of the victim in the author or in one or more of the participants runs. For the purposes specified in this article, the affinity will be derived from any form of marriage or cohabiting. Effective Jurisprudence
2. When the behavior is committed by a public servant who is or who is or was a member of the forces, state security.
3. If the constraint is run consist threat of death, injury or kidnapping, or act which may arise calamity, misfortune or common danger.
4. When it committed for advertising or political purposes constricting to another by threats to make, supply, tolerate or ignore something.
5. If the purpose or objective pursued by the agent is to facilitate terrorist acts constricting to another by threats to make, supply, tolerate or ignore something.
6. When seriously affect the goods or professional or economic activity of the victim.
7. If committed in person is or has been a journalist, community, union, political, ethnic or religious leader, or candidate for elected office, because of this, or is or has been a public servant and by reason of their duties .
8. If you committed using counterfeit arrest warrant or arrest or pretending to have it, or pretending investiture fingiere public office or belong to the security forces.
9. When the conduct is committed wholly or partially from a place of deprivation of liberty.
10. If the behavior is partially committed abroad.
11. In different internationally protected person or not international humanitarian law and diplomatic agents, from those in the international treaties and conventions ratified by Colombia.
ARTICLE 7. Article 326 of Law 599 of 2000, will have a clause 2o. thus:
The same penalty will be imposed when the conduct described in the preceding paragraph is made with money from the ransom, extortion and related kidnapping and the fine will be five thousand (5,000) to fifty thousand (50,000) minimum monthly wages force, without prejudice to the confiscation of the assets.
Article 8. Article 340 of Law 599 of 2000, will read:
criminal conspiracy. When several persons conspire to commit crimes, each of them shall be punished, for that act alone, by imprisonment of three (3) to six (6) years.
When the conspiracy is to commit crimes of genocide, forced disappearance, torture, forced displacement, homicide, terrorism, trafficking in drugs, narcotics or psychotropic substances, kidnapping, kidnapping, extortion, illicit enrichment, money laundering or front men and related, or organizing, promoting, arming or financing of armed outlaw groups, the penalty shall be imprisonment of six (6) to twelve (12) years and a fine of two thousand (2,000) to twenty thousand ( 20,000) times the minimum statutory monthly wage.
The deprivation of liberty shall be increased by half for those who organize, encourage, promote, direct, lead, constitute or finance the conspiracy.
Article 9. Article 441 of Law 599 of 2000, will have a clause 2o.
Failure to report particular. Which having knowledge of the commission of crimes of genocide, forced displacement, torture, forced disappearance, murder, abduction, kidnapping or extortion, drug trafficking, trafficking of drugs, narcotics or psychotropic substances, illicit enrichment, testafer while, money laundering , any conduct against persons and property protected by international humanitarian law or the conduct of pimping where the taxpayer is less than twelve (12) years, omit without just cause report it on immediately to the authority goods incur imprisonment of two (2) to five (5) years.
The penalty is increased by half for the public servant who commits any of the above behaviors failure to report.
Article 10. Article 450 of Law 599 of 2000, will read:
culpable mode. The public servant responsible for monitoring, custody or arrested or convicted of a fault that would lead to his escape, incur a fine and loss of employment or public office.
When the arrested or convicted person was deprived of his liberty for crimes of genocide, murder, forced displacement, torture, forced disappearance, abduction, kidnapping, extortion, terrorism, conspiracy, drug trafficking, illicit enrichment, money laundering or any of the conduct referred to in Title II of this Book shall incur imprisonment of two (2) to four (4) years. Effective Jurisprudence
ARTICLE 11. EXCLUSION OF BENEFITS AND surrogates. In the case of terrorist offenses, abduction, kidnapping, extortion, and related, no penalty shall rebates for early judgment and confession; or criminal surrogates or substitutes mechanisms of deprivation of liberty of suspended sentence or conditional suspension of execution of sentence or parole will be granted. Neither house arrest as a substitute for prison, nor will there be room for any other benefit or legal, judicial or administrative, except the benefits for collaboration embodied in the Code of Criminal Procedure, provided that it is effective. Effective Jurisprudence
ARTICLE 12. REDUCTION OF TERMS. For cases of flagrante delicto in the conduct covered by this law the term of instruction and terms of Judgement will be reduced by half. Failure to comply with the foregoing terms constitute very serious offense and is punishable by dismissal from office.
ARTICLE 13. Amnesty and Clemency. In any case the perpetrator or accomplice of crimes of terrorism, kidnapping or extortion in any of its forms, may be benefited from amnesties and pardons, or may be considered as offenses connected with a political offense, given its status as atrocious. Effective Jurisprudence
ARTICLE 14. COMPETITION. Knowledge of offenses under this law corresponds to the Specialized Criminal Circuit Judges. Effective Notes
ARTICLE 15. EFFECTIVE. This law will come into effect from the date of its publication and repeals all provisions that are contrary, in particular article 172 of the 599 Jurisprudence 2000. Effective
The President of the honorable Senate,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic (E.)
LUIS GOMEZ FRANCISCO BOADA.
The President of the honorable Chamber of Representatives, Guillermo Gaviria
The Secretary Gener to the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT PUBLISHED AND ENFORCED
Given in Bogotá, DC, on January 29, 2002.
ARANGO ANDRES PASTRANA Minister of Justice and Law,
TRUJILLO Romulo Gonzalez.