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Law 975 Of 2005

Original Language Title: LEY 975 de 2005

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975 OF 2005

(July 25)

Official Journal No. 45.980 of 25 July 2005

For which provisions are made for the reinstatement of members of armed groups organized outside the law, who will contribute effectively to the achievement of national peace and other provisions are dictated for humanitarian agreements.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

CHAPTER I.

PRINCIPLES AND DEFINITIONS.

ARTICLE 1o. OBJECT OF THIS LAW. This law aims to facilitate the peace processes and the individual or collective reinstatement of members of armed groups outside the law, guaranteeing the rights of victims to the law. truth, justice and reparation.

It is understood by armed group organized outside the law, the guerrilla group or self-defense groups, or a significant and integral part of them as blocs, fronts, or other modalities of those same organizations, of which the Law 782 from 2002.

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ARTICLE 2o. SCOPE OF LAW, INTERPRETATION AND ENFORCEMENT.

1 of Law 1592 of 2012. The new text is as follows: > This law regulates the investigation, prosecution, punishment and judicial benefits of persons linked to armed groups organized outside the law, as authors or members of the These groups have been committed during and on the occasion of belonging to these groups, who have decided to demobilize and contribute decisively to national reconciliation, applying criteria of prioritization in the investigation and judgment of these groups. behaviors.

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The interpretation and application of the provisions provided for in this law must be carried out in accordance with the constitutional norms and international treaties ratified by Colombia. The incorporation of some international provisions into this law should not be understood as the negation of other international norms that regulate this same matter.

The reintegration into civilian life of persons who may be favored with pardon or any other legal benefit established in Law 418 of 1997 and the rules that modify, extend or add to it, shall be governed by the provisions of that law. The reintegration into the civil life of those subject to the procedures under this law shall be governed exclusively by the provisions of Article 66 of this law.

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ARTICLE 3o. ALTERNATIVITY. Alternativity is a benefit consistent in suspending the execution of the sentence determined in the respective sentence, replacing it with an alternative penalty that is granted for the contribution of the beneficiary to the achievement of the National peace, collaboration with justice, reparation to victims and adequate resocialization. The grant of the benefit is granted under the conditions set out in this law.

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ARTICLE 4. RIGHT TO TRUTH, JUSTICE AND REPARATION AND DUE PROCESS. The process of national reconciliation to which this law will take place must, in any case, promote right of victims to truth, justice and reparation, and respect the right to due process and the judicial guarantees of the defendants.

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ARTICLE 5o. DEFINITION OF VICTIM. 2 of Law 1592 of 2012. The new text is as follows: > For the purposes of this law, the person who individually or collectively has suffered direct damages such as temporary or permanent injuries resulting in any type of disability is understood as a victim. physical, mental and/or sensory (visual and/or hearing), emotional distress, financial loss or impairment of their fundamental rights. The damages must be the result of actions that have transgressed the criminal law, carried out by members of armed groups organized outside the law.

The victim will also be the victim of a spouse, a partner or a permanent partner, and a first-degree family member of the direct victim, when the victim has been killed or is missing.

The victim status is acquired regardless of whether the author is identified, apprehended, processed, or convicted of the punishable conduct and without regard to the existing family relationship between the author and the victim.

Likewise, members of the Public Force who have suffered temporary or permanent injuries that cause some type of physical, mental and/or sensory (visual or auditory) disability, or impairment of their fundamental rights, as a result of the actions of a member of the armed groups organized outside the law.

Likewise, the victims will be the spouse, partner or permanent partner and first-degree relatives of consanguinity, of the members of the public force who have lost their lives in the development of acts of the service, in relation to the same, or out of it, as a consequence of the acts executed by some member of the armed groups organized outside the law.

Other relatives who have suffered damage as a result of any other violation of the criminal law committed by members of armed groups organized outside the Law will also be victims.

ARTICLE 5A. DIFFERENTIAL APPROACH 3 of Law 1592 of 2012. The new text is as follows: > The principle of differential approach recognizes that there are populations with particular characteristics because of their age, gender, race, ethnicity, sexual orientation and disability situation. For this reason, the participation of the victims in the special criminal proceedings in this law, as well as the judicial process and the investigation to be carried out, must have such an approach, without prejudice to the application of prioritization.

The State shall offer special guarantees and protective measures to the groups at greatest risk of the violations referred to in Article 5or of this law, such as women, youth, children, children, senior citizens, persons in the situation of disability, peasants, leaders/leaders, members of trade union organizations, human rights defenders, victims of forced displacement and members of indigenous peoples or communities, ROM, black, Afro-Colombian, root and palm trees, when the risk is The Court of Justice of the European Court of Justice of the European Union

ARTICLE 6o.  VICTIMS ' RIGHTS 4 of Law 1592 of 2012. The new text is as follows: > Victims are entitled to truth, justice and comprehensive redress. The definition of these rights is found in Law 1448 of 2011. For these purposes, victims shall have the right to participate directly or through their representative at all stages of the process referred to in this law, in accordance with the provisions of the Law 1448 2011. The judiciary will ensure that this is the case.

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ARTICLE 7o. THE RIGHT TO THE TRUTH. Society, and especially the victims, have the inalienable, full and effective right to know the truth about crimes committed by organized armed groups outside the law, and the whereabouts of victims of crime. abduction and enforced disappearance.

The investigations and prosecutions to which this law applies should promote the investigation of what has happened to the victims of these conduct and inform their relatives of the relevant.

The judicial processes that are brought forward from the time of this law will not prevent other non-judicial mechanisms for the reconstruction of the truth from being applied in the future.

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ARTICLE 8o. RIGHT TO REPARATION. The right of victims to reparation includes actions to be taken for restitution, compensation, rehabilitation, satisfaction; and guarantees of non-repetition of conduct.

Restitution is the realization of the actions that are intended to return the victim to the situation prior to the commission of the crime.

The compensation is to compensate for the damages caused by the crime.

Rehabilitation is about taking actions to recover victims who suffer physical and psychological trauma as a result of the crime.

Moral satisfaction or compensation is to take actions to restore the dignity of the victim and to spread the truth about what has happened.

The guarantees of non-repetition include, among others, the demobilization and dismantling of armed groups outside the law.

It is understood by symbolic reparation any benefit performed in favor of the victims or of the community in general that shop to ensure the preservation of the historical memory, the non-repetition of the victimizing facts, the public acceptance of the facts, public forgiveness and the restoration of the dignity of the victims.

Collective reparation must be directed to the physical-social reconstruction of the populations affected by violence. This mechanism is especially foreseen for communities affected by the occurrence of systematic violence.

The competent judicial authorities shall determine the individual, collective or symbolic reparations of the case in the terms of this law.

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ARTICLE 9o. DEMOBILIZATION. It is understood by demobilization the individual or collective act of leaving the arms and leaving the armed group organized outside the law, performed before the competent authority.

The demobilization of the armed group organized outside the law will be carried out in accordance with the provisions of Law 782 of 2002.

CHAPTER II.

PRELIMINARY ASPECTS.

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ARTICLE 10. ELIGIBILITY REQUIREMENTS FOR COLLECTIVE DEMOBILIZATION. They may access the benefits provided for in this law by members of an armed group organized outside the law who have been or may be charged, accused or convicted. as authors or members of criminal acts committed during and on the occasion of membership of those groups, when they cannot be beneficiaries of some of the mechanisms established in Law 782 of 2002, as long as they are on the list that the National Government refers to the Prosecutor General's Office Nation and meet, in addition, the following conditions:

10.1 That the organized armed group has been demobilized and dismantled in compliance with the National Government.

10.2 That the illegal activity productgoods are delivered.

10.3 That the group makes available to the Colombian Family Welfare Institute the totality of minors recruited.

10.4 That the group ceases any interference with the free exercise of political rights and public freedoms and any other illicit activity.

10.5 That the group has not been organized for drug trafficking or illicit enrichment.

10.6 That the kidnapped persons, who are in their possession, be released.

PARAGRAFO. The members of the armed group organized outside the law who are deprived of liberty, will be able to access the benefits contained in this law and those established in the Law 782 of 2002, provided that the corresponding judicial providences determine their membership of the respective group.

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ARTICLE 11. ELIGIBILITY REQUIREMENTS FOR INDIVIDUAL DEMOBILIZATION. The members of the armed groups organized outside the law who have demobilized individually and who contribute to the achievement of national peace, will be able to access the benefits provided by this law, provided that they meet the following requirements:

11.1 To deliver information or collaborate with the dismantling of the group to which it belonged.

11.2 That you have signed a commitment act with the National Government.

11.3 That the weapons have been demobilized and left in the terms established by the National Government for this purpose.

11.4 To cease all illicit activity.

11.5 That you deliver the product from the illegal activity, for the victim to be repaired when they are available.

11.6 That their activity has not been intended to be the purpose of drug trafficking or illicit enrichment.

They will only be able to access the benefits provided for in this law, persons whose names and identities are presented by the National Government to the Office of the Prosecutor General of the Nation.

ARTICLE 11A. CAUSE OF TERMINATION OF THE JUSTICE AND PEACE PROCESS AND EXCLUSION FROM THE LIST OF POSTULATES 5 of Law 1592 of 2012. The new text is as follows: > demobilized armed groups organized outside the law that have been nominated by the national government to access the benefits provided for in this law will be excluded from the list of candidates. upon reasoned decision, proffered in public hearing by the corresponding Justice and Peace Knowledge Room of the Superior Court of the Judicial District, in any of the following cases, without prejudice to other cases determined by the authority competent court:

1. When the postulate is reluctant to appear in the process or fails to comply with the obligations of this law.

2. When it is verified that the postulate has failed to meet any of the eligibility requirements laid down in this law.

3. When it is verified that the postulate has not delivered, offered or denounced goods acquired by him or by the armed group organized outside the law during and on the occasion of his or her membership, directly or by person.

4. When none of the facts confessed by the postulate has been committed during and on the occasion of their membership in an armed group organized outside the law.

5. When the postulate has been convicted of intentional crimes committed after his demobilization, or when he has been nominated to be deprived of liberty, it is found that he has committed a crime from the prison.

6. Where the applicant fails to comply with the conditions laid down in the hearing to replace the insurance measure referred to in Article 18A of this Law.

The termination hearing request proceeds at any stage of the process and must be filed by the case prosecutor. In the same hearing, you may decide on the termination of the process of several postulates, as appropriate the case prosecutor and so manifest in your application.

Once the decision to terminate the Special Criminal Justice and Peace process is signed, the Knowledge Room will order copies of the acts to the competent judicial authority so that the respective investigations will be carried out. the laws in force at the time of the commission of the facts attributable to the postulate, or adopt the decisions to be taken.

If there are prior requirements for investigations or ordinary processes suspended by virtue of the special criminal justice and peace process, once this is completed, the Knowledge Room, within thirty-six (36) hours, communicate to the competent judicial authority that the investigations, processes, arrest warrants and/or suspended insurance measures are immediately reactivated, if necessary.

In any case, the termination of the Justice and Peace process reactivates the term of limitation of the criminal action.

In firm the decision to terminate the justice and peace process, the competent authority will send a copy of the decision to the national government for its competence. The demobilized person may not be nominated again for access to the benefits provided for in this law.

PARAGRAFO 1o. In the event that the postulate does not appear in the justice and peace process, the procedure laid down in this article will be followed for the termination of the process and the exclusion of the list of candidates. It is understood that the postulate does not appear in the process of justice and peace when any of the following events occur:

1. It is not possible to establish their whereabouts in spite of the activities carried out by the authorities in order to locate it.

2. Do not store, without justified cause, public sites carried out through audiovisual or written means of communication, nor the citations made at least in three (3) opportunities to achieve their appearance to the due diligence free of this law.

3. It is not present, without justified cause, to resume its intervention in the free-version diligence or in the hearings before the magistrate, if they have been suspended.

PARAGRAFO 2o. In case of death of the postulate, the Chief Prosecutor will request before the Justice and Peace Knowledge Room of the Superior Court of Judicial District, the preclusion of the investigation as a consequence of the extinction of the criminal action.

PARAGRAFO 3o. In any case, if the postulate fails after the delivery of the goods, the process will continue with respect to the extinction of the domain of the goods delivered, offered or reported for the contribution to the comprehensive reparation of victims, in accordance with the rules laid down in this Law.

ARTICLE 11B. EXPRESSLY DISCLAIMS THE PROCESS OF JUSTICE AND PEACE AND EXCLUSION FROM THE LIST OF POSTULATES of Law 1592 of 2012. The new text is as follows: > When the postulate voluntarily decides to withdraw from the justice and peace process, he may submit his application to the prosecutor or the magistrate of the case, at any point in the process, even before the beginning of the free version of the present law. The prosecutor or the magistrate, as the case may be, shall settle the request and take the measures corresponding to its legal status. If it is considered appropriate, it will declare the process completed and will arrange for the sending of a copy of the action to the competent judicial authority, so that the respective investigations are carried out, in accordance with the laws in force at the time of the investigation. commission of the facts attributable to the postulate, or take the decisions to be taken. It shall also forward to the national government a copy of the decision so that the demobilised is formally excluded from the list of candidates.

Once the decision to terminate the special criminal justice and peace process is signed, the prosecutor or the magistrate of the case will order copies of the acts to the competent judicial authority so that the respective courts can proceed. investigations, in accordance with the laws in force at the time of the commission of the facts attributable to the postulate, or adopt the decisions to be taken.

If there are prior requirements for investigations or ordinary processes suspended by virtue of the special criminal justice and peace process, once this is completed, the Knowledge Room, within thirty-six (36) hours, communicate to the competent judicial authority that the investigations, processes, arrest warrants and/or suspended insurance measures are immediately reactivated, if necessary.

In any case, the termination of the Justice and Peace process reactivates the term of limitation of the criminal action.

ARTICLE 11C. RESTORATIVE VOCATION OF GOODS DELIVERED, OFFERED OR REPORTED 7 of Law 1592 of 2012. The new text is as follows: > Goods delivered, offered or denounced for delivery by the postulates in question, must have a restorative vocation. It is understood as a restorative vocation the aptitude that must have all the goods delivered, offered or denounced by the postulates in the framework of this law in order to repair effectively the victims.

They are understood as goods without a restorative vocation, those that cannot be identified and individualized, as well as those whose administration or sanitation results in damage to the right of victims to integral reparation.

The magistrate with control functions of the Justice and Peace Chambers when deciding on the adoption of precautionary measures, will have to determine whether or not the good has a restorative vocation, based on the information provided by Case-by-law delegate of the case and by the Special Administrative Unit for Integral Care and Repair to Victims-Fund for the Repair of Victims-. When the magistrate with a guarantee control function considers that the good has no qualms, the good will not be able to enter the Fund for the Repair of the Victims under no circumstances. Exceptionally, the Office of the Prosecutor General will temporarily provide to the Fund for the Repair of Victims the goods delivered, offered or denounced by the applicants who must be administered immediately by that entity to avoid their deterioration, as long as the preliminary hearing of the imposition of precautionary measures is heard.

The Special Administrative Unit for Integral Care and Repair for Victims-a Fund for the Reparation of Victims-, prior to the process of receiving the good for its administration, will jointly advance with the Attorney General's Office. Nation and with other entities that have relevant information, an update of the enlistment of the object of administration that allows to establish its physical, legal, social and economic conditions.

PARAGRAFO. When the good offered or denounced by the postulate cannot be effectively delivered for non-existence of a restorative vocation, and it is shown that the postulate does not have any other good with vocation repairer, the assessment of the eligibility requirement and the condition to access the replacement of the assurance measure referred to in article 18A of this law shall not be affected.

ARTICLE 11D. DUTY OF THE POSTULATES TO CONTRIBUTE TO THE INTEGRAL REPARATION OF THE VICTIMS 8 of Law 1592 of 2012. The new text is as follows: > For the purposes of meeting the requirements referred to in literals 10.2 and 11.5 of items 10 and 11 respectively of the present the law, the demobilized must deliver, offer or denounce all the goods acquired by them or by the armed group organized outside the law during and on the occasion of their belonging to it, directly or by person. These goods will be made available to the Special Administrative Unit for Integral Care and Repair to the Victims and/or the Special Administrative Unit of Land Restitution Management. Despojadas to be destined for the programs of integral repair and restitution of lands that it treats the Law 1448 of 2011, as appropriate. Victims who are accredited in the special criminal justice and peace procedures will have preferential access to these programs.

The Office of the Prosecutor General of the Nation shall take all necessary measures to pursue the goods referred to in this Article, which have not been delivered, offered or denounced by the applicant. The postulate that does not deliver, offer or denounce all the goods acquired by him or by the armed group organized outside the law during and on the occasion of his or her membership, directly or by person, shall be excluded from the justice and peace process or will lose the benefit of the alternative penalty, as appropriate.

PARAGRAFO. In no case will the assets of the acquired postulates be affected as a result of the reintegration process, the fruits of the same, nor those acquired in a lawful form after the demobilisation.

CHAPTER III.

PROCEDURAL PRINCIPLES.

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ARTICLE 12. ORALITY. The procedural action will be oral and in its realization will be used the technical means suitable to guarantee its reliable reproduction.

The preservation of the records will be the responsibility of the Secretary of the National Office of the Prosecutor General for Justice and the Peace created by this law, and that of the Chamber of the Superior Court of the Judicial District that knows of the judgment, according to corresponds.

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ARTICLE 13. CELERITY. 9 of Law 1592 of 2012. The new text is as follows: > The matters that are discussed in the hearing will be resolved within it. The decisions shall be read as notified.

The preliminary hearings will be held before the magistrate with safeguards control functions that the respective court will appoint.

The following issues will be dealt with in the preliminary hearing:

1. The practice of an advance test that for well-founded and extreme reasons is required to avoid the loss or alteration of the probative environment.

2. The adoption of measures for the protection of victims and witnesses.

3. The request to impose and replace insurance measures.

4. The request to impose precautionary measures on goods, to contribute to the integral reparation of the victims.

5. The request to order the return of the goods and/or the cancellation of the securities obtained fraudulently, provided that they are goods whose restitution is dealt with by this law.

6. The imputation formulation.

Decisions that resolve substantial matters and judgments shall be based, probative and legally based and indicate the grounds for estimating or rejecting the parties ' claims.

The distribution of the cases referred to in this law must be done on the same day as the performance in the corresponding office is received.

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ARTICLE 14. DEFENSE. The defense will be in charge of the trust defender who freely designates the accused or accused or, failing that, of the one assigned by the National System of Public Defender.

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ARTICLE 15. CLARIFICATION OF THE TRUTH. 10 of Law 1592 of 2012. The new text is as follows: > Within the procedure established by this law, the public servants will have the necessary to ensure the clarification of the truth about the pattern of macrocriminality in the actions of the groups armed groups organized outside the law and the contexts, causes and motives of the law can be ensured.

The investigation will take place in accordance with the prioritization criteria determined by the Attorney General of the Nation under article 16A of this law. In any case, the right to defend the defendants and the effective participation of the victims will be guaranteed.

The information that emerges from the Justice and Peace processes should be taken into account in the investigations that seek to clarify the networks of support and financing of the armed groups organized outside the law.

With the collaboration of the demobilized, the Prosecutor General's Office, with the support of the judicial police, will investigate the whereabouts of kidnapped or disappeared persons, and will inform family members in due time. obtained.

PARAGRAFO. In the events in which there is a place, the Attorney General's Office will ensure the protection of the victims, witnesses and experts it intends to present in the trial. The protection of witnesses and experts seeking to present the defence will be in charge of the Ombudsman's Office. The protection of the Magistrates of the Superior Courts of Judicial District to which they are assigned functions for the implementation of this law, will be the responsibility of the Superior Council of the Judicature.

ARTICLE 15A. CLARIFICATION OF THE PHENOMENON OF LAND DISPOSSESSION AND COOPERATION BETWEEN THE NATION ' S ATTORNEY GENERAL AND THE SPECIAL ADMINISTRATIVE UNIT OF LAND RESTITUTION MANAGEMENT STRIPPED of Law 1592 of 2012. The new text is as follows: > When the victim has denounced the forced dispossession or abandonment of his assets by members of armed groups organized outside the law, the chief prosecutor in coordination with the police authorities and in accordance with the criteria of prioritization, will have the necessary research to be carried out with the objective of clarifying the pattern of macrocriminality of dispossession and forced abandonment of lands. The same will be done officiously in the face of alleged offal or forced abandonment of goods identified by the Prosecutor General's Office.

When of the material evidence or of the legally obtained information, the Office of the Prosecutor General of the Nation finds information relevant to the process of restitution of lands, will make it available to the Administrative Unit Special Management of the Restitution of Despojadas Lands, in order to contribute to the procedures that this advances for the restitution of the lands stripped or abandoned in accordance with the procedures established in the Law 1448 of 2011.

CHAPTER IV.

INVESTIGATION AND PROSECUTION.

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ARTICLE 16. COMPETITION. 12 of Law 1592 of 2012. The new text is as follows: > Received by the Office of the Prosecutor General of the Nation, the name or names of the members of armed groups organized outside the law who are willing to contribute effectively to the provisions of this law, in accordance with the criteria of prioritization established by the Attorney General of the Nation in accordance with article 16A of this law, he will assume immediately the competence for:

1. To know about the investigations of the criminal acts committed during and on the occasion of the membership of the armed group organized outside the law.

2. To know about the investigations that heal against its members.

3. To know about the investigations that should be initiated and of which knowledge is known at the moment or after the demobilization.

The Superior Court of Judicial District, determined by the Superior Council of the Judicature, by agreement that it issues before any proceedings are initiated, shall be competent to hear the judgment of the punishable conduct to which it refers. the present law.

In the event of a conflict or collision of jurisdiction between the Superior Courts of the Judicial District that are aware of the cases referred to in this law and any other judicial authority, the jurisdiction of the Chamber of Justice shall always prevail. knowledge of justice and peace, until it is determined that the fact was not committed during and on the occasion of the membership of the postulate to the armed group organized outside the law.

ARTICLE 16A. PRIORITIZATION PRIORITIZATION 13 of Law 1592 of 2012. The new text is as follows: > In order to guarantee the rights of victims, the Prosecutor General of the Nation will determine the criteria of prioritization for the exercise of the criminal action that will be binding and will be public knowledge.

The criteria of prioritization will be aimed at clarifying the pattern of macroliminality in the actions of the armed groups organized outside the law and to unveil the contexts, causes and motives the law, research efforts at the top managers. For these purposes, the Office of the Prosecutor General of the Nation will adopt by resolution the " Comprehensive Plan of Priorized Investigation.

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ARTICLE 17. FREE VERSION AND CONFESSION. 14 of Law 1592 of 2012. The new text is as follows: > The members of the armed group organized outside the law, whose names are submitted by the national government for consideration by the Office of the Prosecutor General of the Nation. the present law, will render free version to the chief prosecutor who will question them about the facts of which they have knowledge.

In the presence of their human rights defender, they will manifest the circumstances of time, manner and place in which they have participated in the criminal acts committed on the occasion of their membership in these groups, which are prior to their demobilization and for which welcome to this law. In the same diligence, they shall indicate the date and reasons for their entry into the group and the goods they will deliver, offer or report to contribute to the integral reparation of the victims, regardless of their actual or apparent ownership or of the armed group. organized outside the law to which they belonged.

The version rendered by the demobilized and the other actions brought forward in the demobilization process will be made immediately available to the National Unit of Fiscalas for Justice and Peace so that the fiscal and the Judicial Police assigned to the case, in accordance with the criteria of prioritization established by the Prosecutor General of the Nation, develop and develop the methodological program to initiate the investigation, verify the veracity of the information provided and clarifying the patterns and contexts of criminality and victimisation.

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PARAGRAFO. The Attorney General's Office may regulate and adopt methodologies to receive free collective or jointversions, in order to ensure that the demobilized persons who have belonged to the The same group can provide a clear and comprehensive context that contributes to the reconstruction of the truth and the dismantling of the apparatus of power of the armed group organized outside the law and its support networks. The conduct of these hearings will allow the charging, formulation and acceptance of charges collectively when the requirements of the law are fully met.

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ARTICLE 17A. DOMAIN EXTINCTION OBJECTS 15 of Law 1592 of 2012. The new text is as follows: > The goods delivered, offered or denounced by the postulates to contribute to the integral reparation of the victims, as well as those identified by the Attorney General's Office in the course of the investigations, may be circumspect in accordance with the procedure laid down in article 17B of this law for the purposes of the extinction of the domain.

PARAGRAFO 1o. The right of domain of the goods may be extinguished, even if they are the object of succession by cause of death or their ownership is in the head of the heirs of the postulates.

PARAGRAFO 2o. The extinction of the domain of the goods will fall on the main real rights and accessories that has the good, as well as on its fruits and yields.

Vigency Notes

ARTICLE 17B. IMPOSITION OF PRECAUTIONARY MEASURES ON GOODS FOR THE PURPOSES OF DOMAIN EXTINCTION of Law 1592 of 2012. The new text is as follows: > When the postulate has offered real or apparent property or denounced those of the armed group organized outside the law to which it belonged, or the Prosecutor's Office has identified goods not offered or reported by the applicants, the chief prosecutor shall arrange for the carrying out of the relevant investigative work for the full identification of these assets and the documentation of the circumstances related to the possession, acquisition and ownership of the same. The Special Administrative Unit for Integral Care and Reparation to Victims-the Fund for the Repair of Victims-will participate in the work of enlisting the goods that are likely to be used, in accordance with the set in article 11C, and supply all available information about them. This information will be supported before the magistrate with a guarantee control function in the respective hearing for the decision on the imposition of precautionary measures.

When it is possible to infer the actual or apparent ownership of the postulate or the armed group organized outside the law, regarding the evidence collected or the information legally obtained by the Prosecutor's Office, Goods subject to persecution, the chief prosecutor shall request the magistrate with guarantees control functions to schedule a preliminary hearing for the request and decision of precautionary measures, to which the Unit must be convened Special Administrative for Care and Integral Repair to Victims-Fund for Reparation of Victims-.

In this reserved hearing, the chief prosecutor will ask the magistrate without delay for the adoption of precautionary measures for the seizure, kidnapping or suspension of the device's power over the goods. financial institutions, within and outside the country in accordance with the judicial cooperation agreements in force. In the case of movable property such as securities and their income, the chief prosecutor shall seek the order not to pay them, where their physical apprehension is impossible. In the case of legal persons, the magistrate at the time of decree of the precautionary measure will order that the Special Administrative Unit for Integral Care and Repair to the Victims as Administrator of the Fund for the Reparation of the Victims exercise the social rights which correspond to the shares, shares or parts of the social interest which are the subject of the proceedings until the final judicial decision is taken and in the meantime those who are registered as members, members of the social bodies and other administrative bodies, legal representative or tax reviewer, may not exercise no act of disposition, administration or management over those. If the magistrate with a guarantee control function accepts the application, the precautionary measures will be taken immediately.

The goods affected with precautionary measures will be made available to the Special Administrative Unit for Integral Care and Repair to the Victims-the Fund for the Repair of Victims-which will have the quality of the sequestre and will be charge of the provisional administration of the goods, while the judgment of the extinction of the domain is proposed.

PARAGRAFO 1o. If the Special Administrative Unit for Integral Care and Repair to Victims-the Fund for the Repair of Victims-is administering goods that do not have a precautionary measure, it will be able to to request the magistrate with a function of guarantee control, directly or through the Office of the Prosecutor General of the Nation, the imposition of precautionary measures on the goods.

PARAGRAFO 2o. When the precautionary measure is decreed on goods for which the refund application is subsequently raised, such goods and the refund application shall be transferred to the Fund of the Unit Special Administrative Management of the Restitution of Despored Lands, for the purposes of its processing through the procedures established in Law 1448 of 2011 and its complementary regulations, without requires the lifting of the precautionary measure by the judiciary.

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PARAGRAFO 3o. If the goods delivered, offered or reported by the applicants or identified by the Office of the Prosecutor General of the Nation in the terms of this Article, have an application for restitution to the Unit Special Administrative Management of the Restitution of Despored Lands or the Special Administrative Unit for Integral Care and Reparation to Victims-the Fund for the Repair of Victims-, the chief prosecutor will request the measure The precautionary measure will be taken into line with the Commission's request for a decision. restitution and assets immediately to the Fund of the Special Administrative Unit for the Management of the Restitution of Despojadas Lands, for the purposes of its processing through the procedures established in the Law 1448 of 2011 and its complementary normativity.

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PARAGRAFO 4o. When the goods delivered, offered or reported by the applicants are involved in a process of extinction of the right of advance in the framework of the Law 793 of 2002, the Attorney-General of Justice and Peace will request the precautionary measure on the good. Once the measure has been enacted, the prosecutor who knows about the process of extinction of the domain will declare the origin of the action of extinction of dominion over this good and will order the National Directorate of Narcotics, or whoever does its times, that immediately put the good at the disposal of the Victims ' Repair Fund. In this case, in accordance with the provisions of Article 11C, goods without a repair vocation may not enter the Fund for the Reparation of Victims.

PARAGRAFO 5o. Exceptionally, the chief prosecutor, taking into account the circumstances of imminent risk, irreparable damage or loss of property, may appear before the magistrate with a guarantee control function to take the urgent and necessary measures for the conservation of these, from the very moment of the first application of the demobilized to the procedure of the present law.

PARAGRAFO 6o. After the imposition of precautionary measures and prior to the reception of the good for its administration, the Special Administrative Unit for Integral Care and Reparation to the Victims-Fund For the reparation of the Victims-it will carry out jointly with the Office of the Prosecutor General of the Nation and with the other entities that have relevant information on the good, the review of the enlistment that treats the final article of the article href="ley_0975_2005.html#11C"> 11C of this law.

Vigency Notes

ARTICLE 17C. INCIDENT OF THIRD-PARTY OPPOSITION TO THE PRECAUTIONARY MEASURE 17 of Law 1592 of 2012. The new text is as follows: > In cases where third parties are deemed to be in good faith exempt from guilt with rights to the goods being held for purposes of extinction of the domain under the article 17B, the magistrate with a guarantee control function, at the request of the data subject, will arrange for an incident that will be developed as follows:

Submitted the request by the interested party, in any time until before the concentrated hearing of formulation and acceptance of charges is initiated, the Magistrate with a function of control of guarantees will summon a hearing within the five (5 days following in which the applicant shall provide the evidence to be asserted and the transfer of which shall be given to the Office of the Prosecutor General and to the other interveners for a term of 5 working days to exercise the right of contradiction. The end of this term and magistrate will decide on the incident and arrange for the measures to be taken.

If the decision of the incident is favorable to the person concerned, the magistrate will order the lifting of the precautionary measure. Otherwise, the domain extinction procedure will continue its course and the decision will be part of the sentence that ends the Justice and Peace process.

This incident does not suspend the process.

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ARTICLE 18. IMPUTATION FORMULATION. 18 of Law 1592 of 2012. The new text is as follows: > The chief prosecutor for the case will request a magistrate to exercise the control functions of guarantees the programming of a preliminary hearing for the formulation of imputation, when of the material elements evidence, physical evidence, legally obtained information, or the free version can reasonably be inferred that the demobilized is the author or a participant of one or more crimes that are investigated within the pattern of macrocriminality in the action of the armed group organized outside the law to be clarified.

In this hearing, the prosecutor will make the factual allegation of the charges investigated and ask the magistrate to arrange for the preventive detention of the accused in the detention center that corresponds, as provided in this law. It will also request the adoption of the precautionary measures on the goods for the purpose of the contribution to the integral reparation of the victims.

As of this hearing and within sixty (60) days of the following, the Office of the Prosecutor General of the Nation, with the support of its judicial police group, will advance the investigation and verification of the facts admitted by the accused, and all of whom have knowledge within the scope of their competence. After the end of the term, or, if possible, the prosecutor of the case will ask the knowledge room for the programming of a concentrated audience of formulation and acceptance of charges.

With the formulation of the imputation the prescription of the criminal action is interrupted.

PARAGRAFO. When the facts for which you are accused of the postulate are part of a pattern of macrocriminality that has already been clarified by some justice and peace judgment in accordance with the criteria of prioritization, and whenever the affectations caused to the victims by such a pattern of macrocriminality have already been identified in the respective sentence, the postulate may accept their responsibility for the conduct imputed and request the early termination of the process. In such cases, the guarantee control magistrate shall forward the file to the Chamber of Knowledge, in order for it to be able to give judgment in accordance with Article 24 of this Law, in a term that may not exceed fifteen (15) days counted from the time of the statement of the imputation. The early termination of the process will in no case involve access to additional criminal benefits for the alternative penalty.

ARTICLE 18A. REPLACING THE INSURANCE MEASURE AND THE DUTY OF THE POSTULATES TO CONTINUE IN THE PROCESS of Law 1592 of 2012. The new text is as follows: > The postulate who has been demobilized will be able to request before the magistrate with guarantees control functions a hearing to replace the preventive detention measure in the establishment of a prison for a measure of non-custodial insurance, subject to compliance with the provisions of this Article and to the other conditions laid down by the competent judicial authority to ensure its appearance of the process of the present law. The magistrate with a guarantee control function may grant the replacement of the insurance measure in a term not greater than twenty (20) days counted from the respective application, when the postulate has complied with the following requirements:

1. At least eight (8) years have remained in a detention facility after their demobilization, for crimes committed during and on the occasion of their membership of the armed group organized outside the law. This term will be counted from the seclusion in an establishment that is fully subject to the legal rules on prison control;

2. Have participated in the available rescialization activities, if these are offered by the National Institute of Penitentiary and Prison (Inpec) and have obtained a certificate of good conduct;

3. To have participated and contributed to the clarification of the truth in the judicial proceedings of the Justice and Peace process;

4. To have delivered the goods to contribute to the integral reparation of the victims, if necessary in accordance with the provisions of this law;

5. Not having committed intentional crimes, after demobilization.

To verify the above requirements, the magistrate will take into account the information provided by the applicant and provided by the competent authorities.

Once granted, the replacement of the insurance measure may be revoked by the magistrate with guarantees control functions at the request of the Office of the Prosecutor General of the Nation or the victims or their representatives, when present any of the following circumstances:

1. May the postulate stop participating in the judicial proceedings of his justice and peace process, or be sure that he has not contributed to the clarification of the truth;

2. That the applicant fails to comply with the conditions set by the competent judicial authority;

3. That the postulate does not participate in the reintegration process designed by the national government for the postulates to the Law of Justice and Peace in the development of article 66 of this law.

PARAGRAFO. In cases where the postulate has been deprived of the freedom at the time of the demobilization of the group to which it belonged, the term provided for in the numeral 1 of the first paragraph of the This article shall be counted from your application for the benefits provided by this law.

Effective Case-law
Vigency Notes
Effective Case-law

ARTICLE 18B. CONDITIONAL SUSPENSION OF THE EXECUTION OF THE SENTENCE IMPOSED IN ORDINARY JUSTICE of Law 1592 of 2012. The new text is as follows: > In the same hearing where the insurance measure has been replaced in the terms of article 18A, the postulate that is also previously condemned in the court The Court of Justice and the Court of Justice may request the Justice and Peace Guarantees to suspend the execution of the sentence in question, provided that the conduct of the sentence has been committed during and on the occasion of the of their membership of the armed group organized outside the law.

If the Justice and Peace Guarantees Control Magistrate can reasonably infer that the conduct that led to the conviction in the ordinary criminal justice was committed during and on the occasion of the membership of the group Armed organized outside the law, shall transmit in a term not more than fifteen (15) days counted from the application, copies of all the acts performed to the judge of execution of penalties and security measures that has in charge the surveillance of the sentence who will conditionally suspend the execution of the ordinary penalty.

The suspension of the execution of the sentence will be revoked at the request of the Justice and Peace guarantees magistrate, when the postulate incurs any of the cause of recall established in the article 18A.

In the event that the sentences imposed in ordinary justice proceedings are not accumulated in the Justice and Peace sentence, or that the knowledge room of Justice and Peace has not been awarded the alternative penalty, the case will be revoked. conditional suspension of the execution of the sentence which has been decreed pursuant to this Article. For these purposes, the term of prescription of the sentence will be suspended in the ordinary justice, until when the sentence of Justice and Peace is executed.

Vigency Notes
Effective Case-law

ARTICLE 19. HEARING OF THE FORMULATION AND ACCEPTANCE OF CHARGES 21 of Law 1592 of 2012. The new text is as follows: > In the concentrated hearing of the formulation and acceptance of charges, the postulate will be able to accept the charges that were imputed to him by the Office of the Prosecutor General of the Nation.

For validity you will have to do it freely, voluntarily, spontaneously and assisted by your defender. In this event, the knowledge room of the Court of Justice and Peace will continue with the hearing and will carry out the respective material and formal control of the total or partial acceptance of charges by the postulate and will continue with the procedure. provided in article 23 of this law.

PARAGRAFO. If in this hearing the postulate does not accept the charges or retracts those admitted in the free version, the Knowledge Room will order copies of the acted to the appropriate law enforcement officer at the time of the commission of the conduct investigated. For the purpose, the Chamber shall take into account the provisions of the third, fourth and fifth points of Article 11A of this Law.

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ARTICLE 20. ACCUMULATION OF PROCESSES AND PENALTIES. For the procedural purposes of this law, the processes that are in progress for criminal acts committed during and on the occasion of the demobilized membership of an organized armed group will be accumulated. in the margins of the law. In no case shall the accumulation by punishable conduct committed prior to the belonging of the demobilized to the armed group organized outside the law.

When the demobilized person has previously been convicted of criminal acts committed during and on the occasion of his membership of an armed group organized outside the law, the provisions of the Criminal Code on Accumulation will be taken into account. but in no case, the alternative penalty may be higher than that provided for in this law.

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ARTICLE 21. BREAKING OF THE PROCEDURAL UNIT. If the defendant or defendant partially accepts the charges, the procedural unit shall be broken with respect to the unadmitted. In this case, the investigation and prosecution of the unaccepted charges will be dealt with by the competent authorities and the procedural laws in force at the time of their commission. The benefits of this law shall be granted in respect of the accepted charges.

ARTICLE 22. SUSPENSION OF INVESTIGATIONS 22 of Law 1592 of 2012. The new text is as follows: > Once the measure of assurance is signed and before it is given a sentence in the ordinary justice against a postulate to the process of justice and peace, in respect of a fact committed during and on the occasion of its " Membership of the armed group organized outside the law, the prosecutor who is aware of the case in the ordinary jurisdiction will suspend the investigation. If the process in the ordinary jurisdiction is in the trial stage, the respective judge will order the suspension. The investigation or trial shall be suspended only in respect of the person concerned and the fact of the relationship. The prosecutor or the judge of the ordinary justice will inform the National Unit of Fiscalas for Justice and Peace by sending a copy of the decision of the adopted fund and of the suspension.

PARAGRAFO. The suspension of the process in the ordinary jurisdiction will be provisional until the termination of the concentrated hearing of the formulation and acceptance of charges made before the Knowledge Room Justice and Peace of the Superior Court of the District Judicial District, and it will be final, for the purposes of accumulation, if the postulate accepts the charges. For these purposes, the term of limitation of the exercise of the criminal action in the ordinary jurisdiction will also be suspended until the completion of the concentrated hearing of the formulation and acceptance of charges.

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ARTICLE 23. INTEGRAL REPAIR INCIDENT. At the same hearing in which the Chamber of the Superior Court of the Judicial District concerned declares the legality of the acceptance of charges, prior, express request of the victim, or of the prosecutor of the case, or of the Public Ministry at the request of the Attorney General, the presiding magistrate shall immediately open the incident of integral reparation of the damages caused by the criminal conduct and shall convene a public hearing within the following five (5) days.

This hearing will be initiated with the intervention of the victim or his legal representative or lawyer, to express in a concrete way the form of reparation that he intends, and to indicate the evidence that he will make to substantiate his or her pretensions.

The Chamber will examine the claim and reject it if the person who promotes it is not a victim or is credited with the effective payment of the damages and this is the only claim made, a decision that could be challenged in the terms of this law.

Admitted to the claim, the Chamber will put it to the attention of the accused who has accepted the charges and then will invite the interveners to reconcile. If the content is agreed upon by the parties, they shall be incorporated in the decision which fails; otherwise they shall have the proof offered by the parties, shall hear the basis of their respective claims, and in the same act the incident shall fail. The decision in one or the other sense will be incorporated into the sentence.

PARAGRAFO 1o. Exclusively for the purposes of the reconciliation provided for in this article, the victim, the defendant or his or her defender, the prosecutor who has known the case or the public ministry, may request the summons of the Director of the Social Solidarity Network as a computer for the expenditure of the Fund for the Repair of Victims.

PARAGRAFO 2o. The grant of the alternative penalty cannot be denied in the event that the victim does not exercise his or her right in the comprehensive repair incident.

ARTICLE 23A. INTEGRAL REPAIR.

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ARTICLE 24. CONTENTS OF THE JUDGMENT. According to the criteria laid down in the law, the main sentence and the accessories shall be fixed in the sentence. In addition, the alternative penalty provided for in this law, the commitments of conduct to the Court's term, the obligations of moral and economic reparation to the victims and the extinction of the domain of the goods to be used for the repair.

The corresponding Room will be responsible for assessing compliance with the requirements of this law for access to the alternative penalty.

ARTICLE 25. SUBSEQUENT SENTENCES TO THE ALTERNATIVE PENALTY AND GOODS FOUND LATER of Law 1592 of 2012. The new text is as follows: > If the beneficiaries of the alternative penalty in accordance with this law, after the granting of the alternative penalty, will be allowed to charge crimes committed during and on the occasion of the membership of the armed groups organized outside the law and before their demobilization, and who have not been recognized or accepted by the postulate in the context of the special process of this law, these behaviors will be investigated and judged by the competent authorities and the laws in force at the time of the commission of the same.

Additionally, if after the judgment issued as a result of the exceptional procedure under which this law is dealt with, and until the end of the ordinary sentence established therein, the competent judicial authority shall determine that the the beneficiary of the alternative penalty did not deliver, did not offer or did not denounce all the goods acquired by him or by the armed group organized outside the law during and on the occasion of their membership, directly or by person, will lose the benefit of the alternative penalty.

Where the competent judicial authority establishes any of the non-compliance referred to in this Article, it shall revoke the legal benefits and order the execution of the principal sentence contained in the judgment of the Justice and Peace.

PARAGRAFO 1o. The grounds for revoking the alternative penalty contained in this article shall be made known to the demobilized postulant during the process and shall be contained in the judgment.

PARAGRAFO 2o. The provisions of this Article shall apply as long as they are not partial imputation procedures, early termination of the process, formulation and acceptance of charges, or judgments The Court of Justice and the Court of Justice have held a hearing.

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ARTICLE 26. RESOURCES. 27 of Law 1592 of 2012. The new text is as follows: > The appeal only proceeds against the judgment and against the autos that resolve matters in the background during the development of the hearings, without the need for prior interposition of the replacement resource. In such cases, it will proceed in accordance with the provisions of Articles 178 and following of Law 906 of 2004 and the rules that modify, replace and add them.

For the other decisions in the course of the special procedure of this law, only will have place to interject the replenishment resource that will be supported and resolved orally and immediately in the respective hearing.

The appeal will be granted in the suspensory effect when it is brought against the judgment, against the order which resolves on absolute nullity, against which it decrees and rejects the application for precluding the procedure, against which it denies the The trial of the trial, against which it decides on the exclusion of a trial, against which it decides on the termination of the Justice and Peace process and against the ruling of the Incident of identification of the affected affectations. In other cases, it will be granted in the return effect.

PARAGRAFO 1o. The processing of the appeal resources in this law will take precedence over the other matters of jurisdiction of the Criminal Court of the Supreme Court of Justice, except for actions related to actions protection.

PARAGRAFO 2o. Of the extraordinary review action will be the Criminal Court of the Supreme Court of Justice, in the terms provided for in the Code of Criminal Procedure in force.

PARAGRAFO 3o. Against the second instance decision the appeal is not brought.

PARAGRAFO 4o. The Special Administrative Unit for Integral Care and Reparation to the Victims may make use of the decisions related to the assets that the Fund administers for the Reparation of Victims.

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ARTICLE 27. FILE OF THE PROCEEDINGS. If in relation to the facts admitted or not admitted by the demobilized in its free version or in later action, as the case may be, before the hearing of imputation, the chief prosecutor will find that not there are factual grounds or circumstances which permit his characterization as a crime or indicate the possible existence, he shall immediately have the file of the action. However, if new evidentiary elements arise, the investigation shall resume in accordance with the procedure laid down in this law, until the criminal action has been extinguished.

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ARTICLE 28. INTERVENTION BY THE PUBLIC MINISTRY. Under the terms of Article 277 of the Political Constitution, the Public Ministry will intervene when necessary, in defense of the legal order, of the public assets, or fundamental rights and guarantees.

CHAPTER V.

ALTERNATIVE PENALTY.

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ARTICLE 29. ALTERNATIVE PENALTY. The competent Chamber of the Superior Court of Judicial District shall determine the penalty for the crimes committed, in accordance with the rules of the Criminal Code.

If the sentenced person has fulfilled the conditions laid down in this law, the Chamber shall impose an alternative penalty which consists of deprivation of liberty for a minimum period of five (5) years and not more than eight (8) years, with the seriousness of the crimes and their effective collaboration in the clarification of the crimes.

To be entitled to the alternative penalty it will be required that the beneficiary commit to contributing to its resocialization through work, study or teaching during the time that it remains deprived of freedom, and to promote activities oriented to the demobilization of the armed group outside the law to which it belonged.

Fulfilled the alternative penalty and the conditions imposed in the judgment will be granted the probation for a term equal to half of the imposed alternative penalty, period during which the benefit is committed not to reoffend in the offenses for which you were convicted within the framework of this law, to be presented periodically to the Superior Court of the Judicial District that corresponds and to report any change of residence.

Fulfilled these obligations and after the probationary period, the principal penalty shall be declared extinct. Otherwise, the freedom to be tested shall be revoked and the sentence initially determined shall be complied with, without prejudice to the subrogates provided for in the relevant Penal Code.

PARAGRAFO. In no case will criminal surrogates, additional benefits, or complementary downgrades apply to the alternative penalty.

CHAPTER VI.

REGIME OF DEPRIVATION OF LIBERTY.

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ARTICLE 30. ESTABLISHMENT OF SECLUSION. The National Government will determine the establishment of seclusion where the effective penalty must be met.

Confinement establishments must meet security and austerity conditions of the establishments run by the Inpec.

The penalty can be met on the outside.

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ARTICLE 31. LENGTH OF STAY IN THE CONCENTRATION ZONES.

CHAPTER VII.

INSTITUTIONS FOR THE EXECUTION OF THIS LAW.

ARTICLE 32. FUNCTIONAL COMPETENCE OF THE MAGISTRATES OF THE JUDICIAL DISTRICT SUPERIOR COURTS IN THE FIELD OF JUSTICE AND PEACE 28 of Law 1592 of 2012. The new text is as follows: > In addition to the competences established in other laws, the Superior Courts of Judicial District appointed by the Superior Council of the Judiciary will be competent to advance the stage of the trial of the processes of which this law is dealt with.

The judgment in the proceedings referred to in this law, at each stage of the proceedings, shall be carried out by the following judicial authorities:

1. The Magistrates with guarantee control functions.

2. The Magistrates with functions of knowledge of the halls of Justice and Peace of the Superior Courts of Judicial District.

3. The judges with functions of execution of sentences of the courts of Justice and Peace of the Superior Courts of the Judicial District, who will be in charge of monitoring the fulfillment of the penalties and the obligations imposed on the condemned, the distribution of work that the Superior Council of the Judiciary has in each of the rooms of Justice and Peace.

PARAGRAFO. The Superior Council of the Judicature will take the necessary decisions and provide the necessary charges to ensure that the functions of the judicial authorities mentioned in the present Article, be exercised by different magistrates. The Supreme Court of Justice will provide the charges of Superior Court of Judicial District magistrates referred to in this law from the lists sent by the Administrative Board of the Supreme Court of Justice. Judiciary, which will be prepared in accordance with the procedure outlined in article 53 of Law 270 of 1996

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ARTICLE 33. NATIONAL UNIT OF THE PROSECUTOR ' S OFFICE FOR JUSTICE AND PEACE. Create the National Unit of Public Prosecutor's Office for Justice and Peace, delegated to the Superior Courts of the Judicial District, with national and integrated competence in the form indicated in the present law.

This unit will be responsible for bringing forward the measures that, due to its competence, correspond to the Office of the Prosecutor General of the Nation, in the procedures established in this law.

The National Unit of the Prosecutor General's Office for Justice and Peace will have the permanent support of a special judicial police unit, made up of members of the appropriate authorities, with exclusive, permanent and competitive dedication in all the national territory.

Add to the office of the Attorney General of the Nation, for the year 2005 established in the transitory article 1° of Law 938 of 2004, the following charges:

150 Criminal Investigator VII

15 Secretary IV

15 Judicial Assistant IV

20 Driver III

40 School III

15 Criminal Investigation Assistant IV

20 Fiscal II Assistant.

PARAGRAFO. The Office of the Prosecutor General of the Nation will highlight its personnel plant, to form the National Unit of the Prosecutor's Office for Justice and Peace, the following charges: 20 Chief Prosecutor before the Tribunal

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ARTICLE 34. PUBLIC DEFENDER. The State shall guarantee to the accused, accused and convicted the exercise of the right of defense, by means of the mechanisms of the Public Defender and in the terms indicated in the law.

The Ombudsman's Office will assist victims in the exercise of their rights and in the framework of thepresent law.

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ARTICLE 35. ATTORNEY GENERAL FOR JUSTICE AND PEACE. The Attorney General of the Nation will create, for the purposes of this law, a Judicial Attorney for Justice and Peace, with national jurisdiction, for the performance of his duties. constitutional and legal.

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ARTICLE 36. PARTICIPATION OF SOCIAL ORGANIZATIONS TO ASSIST VICTIMS. For compliance with the provisions of this law, the Attorney General's Office will promote mechanisms for the participation of social organizations. for assistance to victims.

CHAPTER VIII.

VICTIMS ' RIGHTS IN THE FACE OF THE ADMINISTRATION OF JUSTICE.

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ARTICLE 37. VICTIMS 'RIGHTS. The State will guarantee victims' access to the administration of justice. In the development of the above, victims will be entitled:

38.1 Receive the entire procedure a dignified human treatment.

38.2 To the protection of their privacy and security of their security, that of their relatives and witnesses in favor, whenever they are threatened.

38.3 To an early and comprehensive repair of damages suffered, by the author or participant of the crime.

38.4 To be heard and to be provided with the test input.

38.5 To receive from the first contact with the authorities and in the terms established in the Code of Criminal Procedure, relevant information for the protection of their interests; and to know the truth of the facts that make up the the circumstances of the crime of which they have been victims.

38.6 To be informed about the final decision regarding criminal prosecution and to file the resources when there is a place.

38.7 To be assisted during the trial by a trusted lawyer or by the Judicial Attorney's Office that is dealing with this law.

38.8 To receive comprehensive assistance for recovery.

38.9 To be assisted free of charge by a translator or interpreter, in the event of not knowing the language, or of not being able to perceive the language by the organs of the senses.

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ARTICLE 38. PROTECTION OF VICTIMS AND WITNESSES. The officials referred to in this law shall take appropriate measures and all relevant actions to protect the safety, physical and psychological well-being, dignity and private life of the victims. victims and witnesses, as well as the other parties to the process.

All relevant factors, including age, gender and health, as well as the nature of the crime, in particular where sexual violence, gender equality or violence against children and children, are taken into account. girls.

Special training will be given to officials working with these types of victims.

These measures shall not be in breach of the rights of the accused or a fair and impartial trial, nor shall they be incompatible with them.

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ARTICLE 39. EXCEPTION TO THE ADVERTISING IN THE TRIAL. As an exception to the principle of the public nature of the trial hearings, the High Court of the Judicial District, in order to protect the victims, witnesses, or a defendant, may order that a part of the trial is held behind closed doors. You will be able to order the practice of testimony through the audio video system to allow your contradiction and confrontation by the parties.

In particular, these measures shall be applied in respect of victims of sexual assault or of children and adolescents who are victims or witnesses.

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ARTICLE 40. OTHER PROTECTION MEASURES DURING THE PROCESS. When the advertising of material evidence, physical evidence or information legally obtained comes in serious danger to the safety of a witness or his family, the Prosecutor must refrain from presenting them in any pre-trial diligence. In his replacement he will make a summary of these elements of knowledge. In any event, such measures may not prejudice the rights of the accused or a fair and impartial trial, nor shall they be incompatible with them.

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ARTICLE 41. ATTENTION TO SPECIAL NEEDS. Both the judicial bodies and the technical support entities and the Judicial Attorney for Justice and Peace, will take into account the special needs of women, girls, children, people older or disabled people who are involved in the process.

CHAPTER IX.

RIGHT TO REPAIR THE VICTIMS.

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ARTICLE 42. DUTY GENERAL TO REPAIR. The members of the armed groups who benefit from the provisions laid down in this law have the duty to make good the victims of those conduct punishable by the judgment.

Also, when the active subject has not been identified, but the damage and causal link to the activities of the Unlawful Armed Group Beneficiary by the provisions of this law, the Court directly or by reference, is established. of the Office of the Prosecutor General, order the repair of the Repair Fund.

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ARTICLE 43. REPAIR. The Superior Court of Judicial District in sentencing, will order the victims to be repaired and will fix the relevant measures.

ARTICLE 44. ACTS OF CONTRIBUTION TO INTEGRAL REPAIR of Law 1592 of 2012. The new text is as follows: > At the time of issuing judgment as a result of the exceptional procedure under which this law is dealt with, the Knowledge Room may order the applicant to carry out any of the following acts of contribution to comprehensive repair:

1. The public statement that restores the dignity of the victim and the persons associated with it.

2. The public recognition of responsibility, the public declaration of repentance, and the commitment not to engage in punishable conduct.

3. Participation in the symbolic acts of compensation and refunding of the victims to which there is a place in accordance with the programs that are offered, for this purpose.

4. Effective collaboration for the location of kidnapped or missing persons and the location of victims ' bodies, of which they are aware.

5. Carry out social service actions.

PARAGRAFO. The freedom to test will be subject to the execution of the integral repair contribution acts that have been ordered in the statement.

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ARTICLE 45. REQUEST FOR REPARATION. The victims of the armed groups outside the law can obtain redress by going to the Superior Court of the Judicial District, in relation to the facts that are of their knowledge.

No one will be able to receive two-time repair for the same concept.

Decree 1290 of 2008

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ARTICLE 46. RESTITUTION. 30 of Law 1592 of 2012. The new text is as follows: > The legal and material restitution of land to the despoiled and displaced will be carried out through the process established in Law 1448 of 2011 and the rules that the modify, replace or add.

In order to integrate the transitional justice measures, there will be no direct restitution in the development of the judicial processes involved in this law.

ARTICLE 46A. OF EXTRADITED POSTULATES. 31 of Law 1592 of 2012. The new text is as follows: > To contribute to the effectiveness of the right to justice, the Colombian State will promote the adoption of measures conducive to facilitating the participation in the judicial processes of the postulates that are located in Colombia. foreign jurisdiction by granted extradition effect. To this end, the State should seek the adoption of measures conducive to the collaboration of these postulates with the administration of justice, through testimonies aimed at clarifying facts and conduct committed on occasion and in the development of the internal armed conflict.

In particular, measures must be taken to ensure that the extradited applicants disclose the reasons and circumstances in which the conduct was investigated and, in the event of death or disappearance, the fate of the victim.

Among these measures will be to promote the transmission of the measures that are carried out with the postulates, to guarantee protection measures for the families of these, as well as all those that lead to an effective materialization of the rights of victims.

To contribute to the effectiveness of the right to comprehensive redress, measures must be taken to make it easier for the goods delivered, offered or by the extradited postulates to be seized from the Fund for the Repair of the Victims of this law, or the Special Administrative Unit for the Management of the Restitution of Despoted Lands, as appropriate. In order to comply with this measure, within the framework of the different agreements of international judicial cooperation, the Office of the Prosecutor General of the Nation will carry out the necessary research for the identification and enlistment of compliance with the provisions of article 17B of this law, as well as for the identification and pursuit of goods located abroad.

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ARTICLE 46B. LEGAL CONSOLIDATION OF ASSETS. 32 of Law 1592 of 2012. The new text is as follows: > In order to contribute to the satisfaction of victims ' right to comprehensive reparation, departmental assemblies and municipal or district councils will implement programs of forgiveness and compensation. of taxes that affect the properties intended for repair or restitution in the framework of Law 1448 of 2011. In the event that debts are waived under this article, the departments, municipalities or districts may not be penalized, be subject to any type of sanction or be evaluated in a negative way for the obtaining of credits, on the occasion of a reduction in the respective tax collection.

In the same way, the delinquent portfolio of home public services will be understood and the charges that have been constituted for obtaining credit with the financial sector by a demobilized person will be lifted, without prejudice to the the obligation to pay such claims on the head of the latter is maintained.

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