Law 782 of 2002 (December 23)
Official Gazette No. 45043 of December 23, 2002
Through which the force of Law 418 of 1997, extended and amended by law 548 of 1999 and modifying some of its provisions. Summary
The Congress of Colombia DECREES:
ARTICLE 1o. Prorróguese for the term of four (4) years the validity of Articles 1o., 2o., 3o., 4o., The 5th., 6o., 7th., 13, 14, 20, 22, 23, 24, 25, 26, 27, 28, 30, 31, 34, 35, 37, 42, 43, 44, 45, 47, 49, 54, 55, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 72, 74, 75, 76, 77, 78, 79, 80, 83, 91, 92, 93, 94, 95, 98, 102, 103, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 117, 118, 119, 121, 123, 124, 125, 126, 127, 128, 129 and 130 of Law 418 of 26 December 1997, extended by Law 548 of 1999. Effective Notes
Matches Legislation Previous
. The wording of Chapter I, Title I, of the first part of Act 418 of 1997, extended and modified by Law 548 of 1999, will read:
provisions to facilitate dialogue and the signing of agreements with armed groups operating outside the law for demobilization, reconciliation among Colombians and peaceful coexistence. Effective Notes
ARTICLE 3. Article 8. Law 418 of 1997, extended by Law 548 of 1999, shall be as follows:
Representatives expressly authorized by the Government, in order to promote reconciliation among Colombians, peaceful coexistence and achieve peace, may :
a) perform any act aimed to build bridges and begin dialogue with organized the illegal armed groups;
B) Further dialogues, negotiations and sign agreements with spokespeople, representatives or members of organized illegal armed groups, aimed at: Get solutions to the armed conflict, the effective implementation of international humanitarian law, respect human rights, the cessation of hostilities or decrease the reintegration into civilian life of the members of these groups, or achieve submission to the law, and framed by the desire to create conditions which foster a political, social order and economic order.
Agreements and their contents will be deemed by the Government are necessary to advance the peace process and its compliance will be verified by national or international bodies for the purpose designated by mutual agreement by the parties.
These agreements should ensure the normal and full functioning of civil institutions in the region where the armed group influences outside the law that subscribes. PARAGRAPH 1.
. In accordance with the rules of international humanitarian law, and for the purposes of this law, it is understood by armed groups outside the law, who, under the leadership of a responsible command, exercise over a part of the territory such control allowing you to perform sustained and concerted military operations. PARAGRAPH 2.
. Once started a process of dialogue, negotiation and signing of agreements, and in order to facilitate the development thereof, the relevant judicial authorities suspended the arrest warrants that have been issued or may be issued against the members representing the armed groups operating outside the law with which dialogues, negotiations or peace agreements are ahead.
To this end, the Government shall notify the authorities identified the start, termination or suspension of dialogues, negotiations or signing agreements, and certify the participation of people who act as spokespersons or representatives of those members organized armed groups outside the law. The parties agree on joint verification mechanisms of the agreements, dialogues and approaches, and if deemed appropriate may go to institutions or persons of national or international life to carry out such verification.
Similarly, the arrest warrants to be issued against the spokespersons, after the start of the dialogue, negotiations and signing agreements for a term lasting these will be suspended.
To build bridges, dialogue or negotiations towards peace, the President of the Republic, by written order, determine the location and modalities of action of the security forces, under the assumption that rights are not violated and freedoms of the community, or problems or social conflicts generated.
Security and integrity of all those involved in peace processes, dialogues, negotiations and agreements in this Law shall be guaranteed.
For purposes of the provisions of this Article, the Government may agree with spokesmen representatives or members of organized illegal armed groups with which dialogue, negotiations or agreements are ahead, its temporary location or that of its members, in precise and certain areas of national or international territory, if deemed appropriate. In the aforementioned areas will be suspended the execution of the arrest warrants against them, until the government so decides, or declare that it has completed the process. The security forces will ensure the safety of members of organized illegal armed groups with which dialogue, negotiations or peace agreements, which are in the area, in the process of moving towards it, or eventually be brought forward return to their place of origin.
In no case may survive these areas if them normal and fully functioning civil institutions affected. PARAGRAPH 3.
. Representative member is understood by the person who organized the illegal armed group designated as his representative to participate in the dialogue, negotiation and signing of agreements with the National Government or its delegates.
It is understood by the person spokesman civil society without belonging to organized the illegal armed group, but with the express consent of this, participate on its behalf in peace processes, dialogues, negotiations and agreements. Not be admitted as a spokesperson, the person against whom Obre prior to the start of these, indictment.
PARÁGRAFO 4o. In order to ensure the participation of the representatives of armed groups operating outside the law are deprived of freedom in the dialogues, negotiations and signing of agreements, the Government may issue the necessary measures to facilitate management while serving their sentence or measure respective insurance. Editor's Notes
ARTICLE 4. Article 10 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 10. The address of any peace process solely for the President of the Republic responsible for the preservation of public order the entire nation. Behalf of the Government who participate in the dialogue and peace agreements, they will do so in accordance with the instructions he issued to them.
The President of the Republic may authorize the participation of representatives of various sectors of civil society in the talks, dialogues and negotiations referred to in this chapter, when in his judgment to collaborate in the development of the peace process. Effective Notes
The 5th ITEM. Article 12 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 12. Persons participating in the approaches, dialogues and negotiations and the conclusion of agreements to which this chapter refers authorized by the national government, not criminally liable because of their involvement in them. Effective Notes
ARTICLE 6o. Article 15 of Law 418 of 1997, extended by Law 548 of 1999 shall read as follows:
Article 15. For the purposes of this Act, the term victims of political violence, those in the civilian population They suffer harm to his life or serious deterioration in his personal integrity or property by reason of a tempted terrorists, fighting, kidnappings, attacks and massacres in the context of internal armed conflict. Victims are displaced within the meaning of article 1. Law 387 of 1997.
Likewise, the term victim of political violence any minor to take part in hostilities. Effective Notes
ARTICLE 7. Article 16 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 16. In implementing the principle of social solidarity, and given the special damage suffered by the victims, these receive humanitarian assistance, understood as such the indispensable help to meet the essential requirements in order to satisfy the rights that have been undermined by the acts set out in Article 15. This humanitarian aid will be provided by public entities as well: for the Social Solidarity Network, in development of its legal order and in accordance with the guidelines for the purpose by the Board, and other public entities mentioned in the present law, within the framework of its powers, provided that the request is made within one year the occurrence of the event.
. If force majeure that prevent the victim timely filing the application, the term that refers to this provision should be counted from the time when the facts cease reason for such an impairment. PARAGRAPH 2.
. The national government will allocate the necessary resources in the General Budget of the Nation -Red Social- Solidarity in order to provide humanitarian assistance in accordance with the purposes of this Act. PARAGRAPH 3.
. The humanitarian aid will be delivered by the Social Solidarity Network directly, ensuring free in the process, so that beneficiaries receive it in full.
PARÁGRAFO 4o. The benefits of economic content to be granted to those displaced by Law 387 of 1997 Notes Effective
Article 8. Article 17 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 17. The Colombian Family Welfare Institute will design and implement a special protection program for the assistance of all juvenile cases of age who have taken part in hostilities or have been victims of political violence, in the context of internal armed conflict.
The Colombian Institute of Family Welfare will give priority to children who have lost their family or whose family is not in a position to care for them, because of the acts referred to in this law assistance.
PARÁGRAFO. When the Operating Committee meets for the Abandonment of Arms and juvenile cases are treated, the defender must be cited family. Effective Notes
Article 9. Article 18 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 18. When it occurs any of the events referred to in Article 15 of this Law, the Municipality, the Municipal status, or the entity that replaces it, shall prepare the census of affected persons in their life, personal integrity or property, containing at least the identification of the victim, the location and description of the event, and send it to the Social Solidarity Network within no more than 8 working days from the occurrence thereof.
Likewise, it issues an individual beneficiaries of the deceased, which must contain the same census data, an essential requirement for recognition of humanitarian aid by the Social Solidarity Network certification.
If the Social Solidarity Network states that any certified persons do not have the status of victim, this will lose rights under this Title, in addition to the criminal penalties that apply, and shall reimburse the sums of money and goods which he has delivered. If it's credit, the financial establishment granted may keep readjusting the conditions at the market rate.
PARÁGRAFO. The legal representative of the Social Solidarity Network will make lists of displaced persons in those cases where it is impossible them to municipal authorities. Effective Notes
ARTICLE 10. Article 19 of Law 418 of 1997, extended by Law 548 of 1999, will read: Article 19.
hospital, public or private institutions, the national territory, providing health services , they are obliged to pay immediate attention to the victims of terrorist attacks, battles and massacres caused by the internal armed conflict manner and that require it, regardless of the socio-economic capacity of the applicants for these services without requiring condition prior to admission. Effective Notes
ARTICLE 11. Article 21 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 21. Recognition and payment of hospital services, medical, surgical and that he referred to previous articles shall be made through the Ministry of Health under the Fund for Solidarity and Guarantee General System of Social Security in Health, Fosyga. PARAGRAPH 1.
. For purposes of the implementation of the resources of the Sub-Account Catastrophe and traffic accidents Solidarity Fund and Guarantee (Fosyga) Events shall be understood as events or terrorist actions which arise in the context of internal armed conflict affecting the civilian population and that relate to terrorist attacks, fighting, attacks on towns and massacres. Unless they are covered by another health insurance agency. PARAGRAPH 2.
. The National Government and the National Council of Social safety is Health may review and adjust stops benefit coverage by the Fosyga. Effective Notes
ARTICLE 12. Article 29 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 29. The maximum amount of family housing allowance referred to in this chapter shall be that granted at the time of the application to beneficiaries of social housing. Effective Notes
ARTICLE 13. Article 32 of Law 418 of 1997, extended by Law 548 of 1999, will read:
"ARTICLE 32. The Industrial Development Institute, IFI, or the financial institution official nature determined by the National Government, rediscount loans granted various credit establishments victims of acts that Article 15 of the Act to fund the replacement or repair of vehicles, machinery, equipment, equipment, furniture and fixtures concerns, working capital or natural or legal persons, are not the quality of merchants, and repair or reconstruction of buildings for commercial premises.
"All the furniture, fixtures and personal property must be affected in the events described in the
Article 15. "Likewise, developing the principle of solidarity, Granahorrar Bank, the financial institution or official nature determined by the National Government, directly granted to victims of acts that Article 15 refers to this law, loans to finance reconstruction or repair of buildings affected by the events described in Article 15.
"PARÁGRAFO. Notwithstanding the existence of credit lines for replacement or repair of vehicles, the national government will maintain protection insurance vehicles public, urban and intermunicipal transportation in order to secure them against acts that Article 15 of this relates to law, in which case the affected party may not access the two benefits.
ARTICLE 14. Article 33 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 33. In carrying out its functions, the Social Solidarity Network will contribute to the realization of the transactions referred to in the previous article, as follows: the difference between the rate at which usually captures the Industrial Development Institute, IFI, or the financial institution official nature appointed by the national government, and the rate at which make the rediscount credits granted by credit institutions will be covered under the resources of the Social Solidarity Network, according to the terms for the purpose stipulated in the agreement to be signed between it and the Institute of Development Industrial, IFI, or the financial institution designated official nature by the national government. The difference between the deposit rate Bank Granahorrar or financial institution official status indicated by the National Government and the rate at which actual credit is granted will be covered, increased by three (3) points, out of resources Social Solidarity Network, under the terms stipulated in the agreement to that effect is signed between it and the respective financial institution.
The agreements referred to this article the conditions and amounts that may have be specified, both re-discountable loans by the Industrial Development Institute, or the financial institution designated official nature by the national government, such as those give the Granahorrar bank or the financial institution of an official nature that the Government indicate, application of this chapter, for which the principle of solidarity and duty to protect people who are in vulnerable circumstances will be taken into account says . PARAGRAPH 1.
. The agreements referred to in this article the conditions and amounts that may have both credits, re-discountable for Industrial Development Institute or the financial institution official nature appointed by the national government, such as those granted by the Granahorrar Bank or specify the financial institution of an official nature that the Government indicate, application of this chapter, for which the principle of solidarity and duty to protect people who are in obviously vulnerable circumstances are taken into account. In any case these credits may exceed 0.5 monthly interest. PARAGRAPH 2.
. Social Solidarity Network subsidize credit lines referred to in this chapter in accordance with regulations adopted by its Steering Council. Effective Notes
ARTICLE 15. Article 36 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 36. Credit institutions designed to study appropriate procedures for credit applications referred to in this chapter, as a priority, in the shortest possible time and requiring only the strictly necessary documents for the effect.
The Banking Superintendency shall ensure the application of the provisions of this Article, for which credit institutions will be sent a monthly report stating which applications submitted, approved and rejected, in which case explaining the reason for rejection . Effective Notes
ARTICLE 16. Article 38 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 38. The credit institution to which the victim of violence raise the respective application, after studying the documentation, determine the impossibility of the applicant to provide a sufficient guarantee in accordance with sound practices of financial markets and proceed with the respective supports to request the certificate of guarantee to the National guarantee Fund, FNG, or entity financial nature official designated by the national government.
When victims of the acts referred to in Article 15 of this Law effects found in the inability to provide sufficient security to answer for the appropriations provided for in the previous articles, that s loans will be guaranteed by the National Fund guarantees, FNG, or the financial institution designated official nature by the national government. Effective Notes
ARTICLE 17. Article 39 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 39. The credit institution may make cash before the National Guarantee Fund, FNG, or the financial institution official nature indicated by the National Government, the certificate of guarantee to be reimbursed the balance in his favor, provided that, in addition to meeting the conditions have been agreed, credit the fund fruitlessly forward actions necessary for recovery of sums due. Effective Notes
ARTICLE 18. Article 46 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 46. In furtherance of its purpose and development of its powers, the Social Solidarity Network will attend for free and without intermediaries to victims of acts that Article 15 refers, in the terms set out in articles 20 and 23 of this law, funeral expenses thereof, to protect people from the consequences of acts arising under the internal armed conflict, subsidize credit lines referred to in this title in accordance with regulations adopted by its Board of Directors a. It may also co-finance programs that advance entities nonprofit celebrating this latter effect contracts that Article 355 of the Constitution and the rules that regulate it refers to, all depending on the protection and assistance to victims . Victims who suffer damages
a loss of 50% or more of their working capacity qualified based on the Manual for Unico disability rating issued by the National Government shall be entitled to a legal minimum pension in force, in accordance with referred to in the General Pension Scheme Act 100 of 1993, provided that lack other pension possibilities and health care, which will be covered by the Pension Solidarity Fund that Article 25 of Law 100 refers to 1993 and recognized by the Social Security Institute, or the entity designated official nature by the national government.
The payments to be made on the basis of insurance to be contracted shall be charged to the resources of the Social Solidarity Network.
ARTICLE 19. Article 50 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 50. The National Government may grant in each particular case the benefit of pardon to nationals who have been convicted by final judgment for acts constituting political offense when his trial, organized outside the law with which forward a peace process, which is part the applicant armed group has demonstrated its willingness rejoining civilian life.
May also be granted such benefits to nationals individually and voluntary decision to abandon their activities as members of organized illegal and so request armed groups, and have also shown, at the discretion of the national government, his will rejoining civilian life. Effective Jurisprudence
Provisions shall not apply in this title to those carrying conduct constituting atrocious acts of ferocity or barbarism, terrorism, kidnapping, genocide, homicide outside combat or placing the victim defenseless. PARAGRAPH 1.
. The pardon will not be granted for acts for which this benefit has refused previously, unless the party concerned provides new evidence that changes the circumstances that were basis for the decision. PARAGRAPH 2.
. In the case of minors linked to organized the illegal armed groups, judicial authorities will send the documents to the Operational Committee for the Abandonment of Arms, which will decide on the issue of the certificate referred Decree 1385, 1994, pursuant protected by this law. Effective Jurisprudence
. The National Government, through its various agencies, will create the necessary mechanisms to guarantee the life and physical integrity of persons receiving benefits under this title.
For these purposes, shall order the underwriting of life insurance and design plans work and residential relocation, to be applied within the country and, where necessary, adopt the measures set out in Title I of part of this law.
Exceptionally, the National Government, at the request of organized outside the law which seeks to demobilize armed group, or reinserted, collaborate, without prejudice to any other guarantees arising in the negotiation process, to facilitate obtaining the right of asylum in countries that can guarantee their safety. Effective Notes
ARTICLE 20. Article 51 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 51. The show will return to civilian life requires, by the group organized outside the law and its members armed, performing acts that lead to holding talks and signing agreements under the terms of the peace and reconciliation policy outlined by the Government. Effective Notes
ARTICLE 21. Article 53 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 53. The membership of an organized the illegal armed group will be checked by the express recognition of the spokesmen or representatives thereof, for the proof supplied by the applicant, or by information available to state institutions.
PARÁGRAFO. In the case of persons who have made voluntary abandonment of an organized the illegal armed group, and before the civil military authorities or the competent authority shall send its own initiative, within no more than three (3) days plus the distance, the relevant documentation to the Operational Committee for the Abandonment of Arms, created by Decree 1385 of 1994, to decide whether or not issue the certification referred to article 1. of the decree.
The decision taken by the Operating Committee for the surrender of the weapons should be sent in addition to the national government, the competent judicial authority, who on the grounds it will decide what is relevant about the benefits referred to in this Title . Effective Notes
ARTICLE 22. Article 56 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 56. To set the connectedness of research material facts with political crime, which referred to in Article 90 of the Code of Criminal Procedure, the following evidence shall be also taken into account:
the inclusion of the applicant in the proceedings that the company develop the national government.
The certificates issued for the purpose by the competent authorities.
The record that for all purposes issued spokesmen or representatives of organized members outside the law which has advance a peace process armed group.
Such records shall contain at least the information that the applicant belonged to the group at the time of the facts which is being investigated, or were convicted, and the claim of such facts by the group, with the indication of the political goals that motivated. Any other form of evidence that the petitioner or his attorney accompanying the application. Effective Notes
ARTICLE 23. Article 57 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 57. The benefit of pardon will be requested by the applicant, directly or by proxy, by writing to the Ministry of Justice and Law also contain an indication of the judicial office where the case is, if it be known the concerned or the judicial authority is conducting the criminal trial, who will immediately transfer the request to the Ministry for the purposes indicated, in such a case annexing copy of the relevant procedural documents.
The powers not require personal presentation. His replacement, as well as the presentation of any other memorial, will be made according to the common rules of procedure.
The application, in addition to the benefit request, contain the express and direct manifestation of the will of reintegration into civilian life, which entend it was given under oath.
The Ministry of Justice and Law only consider individual requests of persons who appear in the minutes prepared by the Ministry of the Interior. Effective Notes
ARTICLE 24. Article 60 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 60. It may also grant, as appropriate, in accordance with the state of the respective criminal proceedings , cessation of procedure, the resolution of preclusion of the investigation or a resolution, to those who confess and have been or will they be charged or prosecuted for acts constituting crimes referred to in this title and have not yet been convicted by a judgment to ejecutoriada .
For these purposes, the application in accordance with the above items will be processed and, after verification of the requirements, the Ministry of Justice and Law shall forward the request to the appropriate Court, or the Directorate of Public Prosecutions before which forward the process, who must issue flat, providence decide the respective application, in legal terms and observing the principle of speed.
If the person is deprived of freedom, those authorities must give preferential processing requests for legal benefits, and providence in which the request for preclusion of the investigation or the discontinuance of the proceedings is granted, it shall revoked the arrest warrant of the beneficiary, cancel the arrest warrants against him and order officiate to the competent bodies.
The Criminal Chamber of the respective Tribunal shall decide within three (3) months, counted from the day following receipt of the record day. This term is extended. Effective Notes
ARTICLE 25. Article 65 of Law 418 of 1997, extended by Law 548 of 1999, will read: Article 65.
People who demobilize under the framework of agreements with organized illegal armed groups the law with which the national government has advanced a peace process, or individually, can benefit, to the extent permitted by their legal status, programs of socio-economic reintegration for the purpose by the National Government.
PARÁGRAFO. The National Government shall regulate the terms for access to socio-economic reintegration programs and the time during which to enjoy its benefits. Effective Notes
ARTICLE 26. Article 70 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 70. The judicial officer conducting the performance, any other public servant, or directly own interested may request the Office for Protection of Victims and Witnesses linking a particular person to the program.
The request will be processed in accordance with the procedure established by this office, by order issued by the Attorney General, who is responsible for deciding on the merits of the application.
PARÁGRAFO. Without detriment to their autonomy to adopt the relevant decision, the Attorney General's Office will pay special attention to the application for protection of people who formulated so duly motivated the Ombudsman or the Presidential Adviser for Human Rights, or who the Notional government designated for this purpose. Effective Notes
ARTICLE 27. Article 73 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 73. Changes identity and domicile may not involve exemption from criminal responsibility for crimes committed before or after linking the program. The agreements concluded by the beneficiary with the Attorney General's Office all necessary measures to ensure compliance with civil, labor, commercial, tax and administrative obligations of the beneficiary prior to the conclusion of the agreement measures should be taken.
The application of this law shall not infringe any of the rights referred to in Article 29 of the Constitution.
The Attorney General's Office will only have obligations and responsibilities to those linked to the program, in the terms in which it, or the agreements directed, and is not liable for promises or offers made by unauthorized persons. Effective Notes
ARTICLE 28. Article 81 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 81. The National Government will operate a program to protect people who are in imminent risk to their lives, integrity, security or liberty, for reasons related to political or ideological violence or the internal armed conflict causes, and belonging to the following categories:
Leaders and activists of political groups and especially of opposition groups.
Leaders and activists of social, civic and community, trade unions, agricultural organizations and ethnic groups.
Leaders and activists of human rights organizations and members of the Medical Mission. Witnesses
cases of human rights violation and infringement of international humanitarian law, whether they have not initiated the respective disciplinary, criminal and administrative proceedings, in accordance with current regulations. PARAGRAPH 1.
. Those interested in being welcomed by the protection program must demonstrate that there is a direct relation between the threat and the charge, or activity exercised within the organization. PARAGRAPH 2.
. The protection program will present the witness to mention paragraph 4 of this article when requested by judicial authorities or disciplinary, or allow these authorities access to him, which will take the security measures required by the case. PARAGRAPH 3.
. The measures of protection under this program shall be temporary and subject to periodic review character. Effective Notes
ARTICLE 29. Article 82 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 82. The program mentioned in the previous article will provide its beneficiaries services and means of protection including change of address and location, but may not lead to the change of identity.
PARÁGRAFO. The protective measures shall be temporary and subject to periodic review character. Effective Notes
ARTICLE 30. The title of Title II of Law 418 of 1997, extended by Law 548 of 1999, will read:
Control on financing the activities of organized illegal armed groups. Effective Notes
ARTICLE 31. Article 90 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 90. The Government may cancel or declare the unilateral liquidation of any contract concluded by a public entity, when the contractor incurred, under the contract and in relation to operating outside the law, in any of the following grounds armed groups:
Ceder unjustifiably to the threats by these groups.
Receive, deliver, manage, intervene, finance, transfer, store, transport, store or keep money or property derived from or traveling to such groups or collaborate and assist them.
Building, assign, lease, make available, provide or transfer to any title, goods to be aimed at hiding people or deposit or storage of belongings of those groups.
Paralyze, suspend or markedly decrease the performance of its contractual obligations to address instructions such groups.
Breaching the duty to report offenses, whose commission is attributable to such groups, known under the contract.
PARÁGRAFO. For purposes of the provisions of this Article, the contractor is made the conduct of its agents or employees, of which it is aware. Effective Notes
ARTICLE 32. Article 99 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 99. All communications equipment using the electromagnetic spectrum are personal and not transferable except receiving equipment for radio and television.
For the transfer of rights to use communications equipment listed in the previous paragraph the express prior authorization of the licensee or licensee who provides the service, subscribers communications service that is this law shall process the required format designed for that purpose the Directorate of Judicial Police which shall remain in the archives of the concessionaires and licensees.
Concessionaires and licensees to provide communications services referred to in this Article shall provide the Police -Direction Judiciary- Dijin National Police subscriber data and equipment on magnetic media or form determined according to regulation this body established.
The information you provide the subscriber or authorized dealer or licensee for the purpose of obtaining authorization to operate the equipment referred to law, shall be deemed given under oath, corresponding to dealers and licensees deplete resources to its scope in search of the veracity of the data received.
The National Police, Dijin may carry out inspections in records and contracts subscribers and authorized persons, in order to compare this information with that provided by the concessionaires and licensees.
The Ministry of Communications shall submit to the National Police Dijin information regarding dealers and licensees is requested.
Concessionaires and licensees to provide communications services related to this article will provide timely information required by the authorities empowered by the law and keep updated the following information.
Contract or resolution of the Ministry of Communications authorizing the use of frequencies.
Box Network features techniques.
Document where the names, identification, address and telephone number of the managers of the technical area are recorded.
Registration subscribers and authorized persons.
Article 33. Article 101 of Law 418 of 1997, extended by Law 548 of 1999 shall read as follows: Article 101.
Concessionaires providing paging service implement a nameplate that should remain stuck communication equipment where indicated the address of the dealership and a local or toll-free number through which to verify the legality of property and equipment 24 hours a day. Effective Notes
Article 34. Article 104 of Law 418 of 1997, extended by Law 548 of 1999 shall read as follows: Article 104.
the use and carrying of radios with open band is prohibited.
The legal and natural persons requiring the use of communications equipment known as take forth, interceptors, goniometers or open band receivers must request the National Police, Dijin the relevant authorization to process DIAN or the Ministry of import or use communications as appropriate. PARAGRAPH 1.
. DIAN or the Ministry of Communications, as import or use, require that the interested favorable opinion issued for that purpose by the National Police, Dijin. PARAGRAPH 2.
. The provisions of this chapter does not apply to systems and radio equipment that uses the Attorney General's Office, the security forces, the DAS and other state security agencies. Effective Notes
Article 35. Article 111 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 111. The President may appoint replacement of governors and mayors and governors the municipal mayors, when the situation of serious disturbance of public order:
Prevent registration of all candidates for governors, mayors, municipal councils and departmental assemblies, or once enrolled force them to resign.
Force the governor or mayor to resign, stop you from starting the job, or produce their absolute lack.
Evacuate citizens exercise the right to vote.
The governors and mayors managers, who must be of the same party, political party or coalition, which is ending the period and / or elected shall hold office until when the corresponding elections are held.
Public servants who make up the departmental assemblies and municipal councils, of those departments or municipalities where they come to present the eventualities provided for in the first paragraph of this article, temporarily continue in session even if their period is finished, until they are elected and posesionen new members.
Public corporations referred to which is difficult for them to sit in their official headquarters for reasons of public disorder, may meet where determined by the chairman of the respective corporation.
If mayors can not, for reasons of public order, exercise their functions in the territory of the municipality designated, the governor of the respective department to determine the county seat where they can exercise them with the necessary security guarantees for the tenure, and even when normality is restored in their municipality.
When, because of the situation of serious disturbance of public order, mediate facts of force majeure preventing the assistance of deputies and councilors at meetings, the quorum shall be established taking into account the number of people who are able to attend.
Departmental Safety Tips provided by Decree 2615 of 1991 shall coordinate and support and operational plans that are required in order to ensure the presence of the security forces to support and accompany the mayors in the exercise of its functions.
The President and Governor, respectively, under the Constitution and the law, take the necessary measures to restore public order in the shortest possible time, in the department or municipality concerned in order to fix the date on which it must carry out the postponed elections, when applicable. Effective Notes
Article 36. Article 116 of Law 418 of 1997, extended by Law 548 of 1999, will read:
Article 116. The provisions of this Title shall be without prejudice to the powers exercised by the Attorney General's Office, under the provisions of paragraph 1 of Article 278 of the Constitution, by Law 734 of 2001 and Decree 262 of 2000, or the provisions amending or replacing. Effective Notes
Article 37. Article 120 of Law 418 of 1997, extended by Law 548 of 1999, will read:
"Article 120. All natural or legal persons executing public works contracts for the construction and track maintenance of land or inland communication, air, sea or river ports with public entities or concluding contracts adding to the value of existing must pay for the nation, department or municipality, depending on the level to which it belongs entity contracting public contribution equivalent to five percent (5%) of the total value of the relevant contract or the respective addition.
Authorize the departmental governors and municipal mayors to hold inter-administrative agreements with the national government to give in bailment properties be constructed where the headquarters of the police stations without approval of the respective public corporations.
PARAGRAPH 1.. in cases where public bodies sign cooperation agreements with multilateral agencies, aimed at the construction or maintenance of these pathways, subcontractors that will run taxpayers of this contribution. PARAGRAPH 2.
. Partners, partners and associates of consortia and temporary unions, which held the contracts that the previous paragraph to be jointly liable for the payment of the contribution of five percent (5%), in proportion to their contributions or their participation. PARAGRAPH 3.
. Celebration or addition of concession contracts for public works will not cause the tax established in this chapter. "
Matches ARTICLE 38. Article 122 of Law 418 of 1997, extended by Law 548 1999, shall be as follows:.
Article 122. Create the National Fund of Security and Coexistence, which will function as a special account, without legal status, administered by the Ministry of Interior, as a separate account system
the Superior Council of National Security and Defense, established by Decree No. 2134 of 1992 and the National Technical Intelligence Council, established by Decree No. 2233 of December 21, 1995, coordinate the implementation of the resources of this Fund.
Following the effective date of this law The Government, within three (3) months, shall regulate the organization and operation of the Fund, the objectives and corresponding functions, the system of appropriations and operations in budgetary matters and heritage necessary for operation.
The resources collected by the Nation by way of the special contribution of five percent (5%) established in this chapter, must be invested by the Fund Notional Citizen Security and Coexistence, in conducting expenditure foster public safety, preservation of public order.
The resources collected by local authorities this concept must be invested by the Fund Account-Territorial, supplied, war material, reconstruction of barracks and other facilities, purchase of communication equipment, installation and operation of intelligence networks , rewards people who collaborate with the justice and security thereof, personal services, staffing and rations for new agents and soldiers or making expenditures for generating an environment conducive to public safety, preservation of public order.
Administration National Security Fund and Coexistence will be in charge of the Directorate General of Public Order and Citizen Coexistence Interior Ministry. Effective Notes
ARTICLE 39. Law 418 of 1997, extended by Law 548 of 1999, will have a new article reads as follows:
New article. The Nation hired annually accident insurance that covers the volunteer members of relief agencies that are part of the National System for Disaster Prevention and Response.
This insurance will cover the aforementioned volunteer members of relief agencies during twenty four hours a day. PARAGRAPH 1.
. Resources for this insurance will come from the National Fund of Security and Coexistence and will be administered by the National Calamity Fund. PARAGRAPH 2.
. The National Government will regulate the matter. Effective Notes
ARTICLE 40. Law 418 of 1997, extended by Law 548 of 1999, will have a new article reads as follows:
New article. In accordance with this law, understand the benefits of dealing Decree 1385 of 1994 extend to members of the armed organizations outside the law. Effective Notes
ARTICLE 41. Law 418 of 1997, extended by Law 548 of 1999, will have a new article reads as follows:
New article. Public servants elected and their families, whose lives are in imminent danger duly verified by the competent authorities shall be served by the Ministry of Interior and Ministry of Foreign Affairs to provide protection mechanisms enshrined in international humanitarian law.
Measures of protection, asylum, obtaining residence, among others, will be primarily undertaken by the Colombian authorities. Effective Notes
ARTICLE 42. Article 71 of Law 418 of 1997 extended and modified by Law 548 of 1999 will read:
Article 71. The Attorney General may take at any time any of the following determinations: || | Sort changing identity of the person undergoing the program, provided that, in the case of witnesses, due process is not affected.
Based on the new identity, order the authorities, public or private documents issued to replace those which already owns admitted to the program, such as acts of civil registration, identity card, passport, military ID card , and other legal certificate without for processing regular procedures be met. Sort
the State Security Bodies provide the necessary protection to admitted to the program and his family.
Authorized for the admission to the program as a permanent residence or temporary, any of the facilities for that purpose considers appropriate. Sort
issuing diplomas by public or private entities to replace the originally granted, and
Have modifying the physical features of the person that may allow identification. PARAGRAPH 1.
. All of the above determinations require the express consent of the person are to have effect. PARAGRAPH 2.
. The documents issued to protect a person admitted to the program will have full probative value. PARAGRAPH 3.
. The person covered by the change in his civilian identity can only assert forward their new identity. Effective Notes
ARTICLE 43. The heading of Chapter III of Title II of Part of Law 418 of 1997, extended and modified by Law 548 of 1999, will read:
ARREST AND TERMINATION OF THE RIGHT DOMAIN REAL LINKED TO CRIME COMMISSION OF THEFT OF HYDROCARBONS AND THEIR. Effective Notes
ARTICLE 44. Article 96 of Law 418 of 1997, extended and modified by Law 548 of 1999 shall read as follows: Article 96.
who seizes oil or its derivatives, when they are transported through a pipeline, gas pipeline, naftaducto or pipeline, or are stored in immediate sources of supply or pumping plants, liable to imprisonment of six (6) to ten (10) years and a fine of one thousand (1,000) to eight thousand (8,000) monthly legal minimum wages. The penalty shall be imprisonment of two (2) to six (6) years and a fine of one hundred (100) to five hundred (500) monthly statutory minimum wages, when the value of the oil or its derivatives, subject to seizure, does not exceed ten (10) monthly minimum wage.
The sentence is increased by one third to half when the conduct is carried out by a public servant.
The competition of this crime is up to the Specialized Circuit Judges. Editor's Notes
ARTICLE 45. Article 97 of Law 418 of 1997, extended and modified by Law 548 of 1999, will read: Article 97.
opening providence of instruction for the crime of theft of hydrocarbons or derivatives thereof, the Prosecutor shall order the forfeiture of property that may have been used in the commission of the offense, or that its object is constituted. Once the Prosecutor has determined the illicit origin of hydrocarbons or derivatives thereof, shall in a period not exceeding five (5) business days delivery to Ecopetrol, as well as that of other goods used to commit the crime. Ecopetrol will proceed to the sale of such hydrocarbons or their derivatives under normal market conditions. Ecopetrol
deliver other property used to commit the crime to a trustee for administration.
ARTICLE 46. This law is valid for four (4) years from the date of its enactment and repeal the provisions that are contrary, in particular Articles 11, 40, 41, 48, 52, 84 , 85, 86, 87, 88, 89 and 100 of Law 418 of 1997, extended and modified by Law 548 of 1999 Notes Effective
The President of the Senate of the Republic, Luis Alfredo Ramos Botero
The Secretary General of the honorable Senate, Ramon Emilio Otero
The President of the honorable House of Representatives, William Velez
The Secretary General of the honorable House of Representatives, Angelino Lizcano Rivera
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Bogotá, DC, on December 23, 2002.
The Alvaro Uribe Minister of Justice and Law in charge of the functions of the Office of Interior Minister Fernando Londono Hoyos