1142 OF 2007

(June 28)

Official Journal No. 46,673 of 28 July 2007

CONGRESS OF THE REPUBLIC

By means of which Laws 906 of 2004, 599 of 2000 and 600 of 2000 are partially reformed and measures are taken for the prevention and repression of the criminal activity of special impact for coexistence and citizen security.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Article 2or Law 906 of 2004 will remain so:

Freedom. Everyone has the right to have their freedom respected. No one shall be vexed in his person or private of his freedom but by virtue of written commandment of competent judicial authority, issued with the legal formalities and for reasons previously defined in law.

The guarantee control judge, upon request of the Office of the Prosecutor General of the Nation, will order the restriction of the freedom of the accused when it is necessary to guarantee his appearance or the preservation of the proof or the protection of the community, especially the victims. Likewise, at the request of either party, in the terms indicated in this code, it shall have the modification or revocation of the restrictive measure if the circumstances have changed and make it unreasonable or disproportionate.

In all cases, the review of the legality of the arrest shall be sought from the guarantee judge, in the shortest possible time, without exceeding thirty-six (36) hours.

ARTICLE 2o. Article 37 of Law 906 of 2004 will remain so:

Article 37. Of Municipal Criminal Judges. Municipal criminal judges know:

1. Of personal injury offences.

2. Of the crimes against the economic patrimony in amount equivalent to an amount not exceeding in pesos in one hundred and fifty (150) minimum monthly legal salaries in force at the time of the commission of the fact.

3. Of the crimes that require a complaint, even if the taxable person is a minor, an inimputable, or the person has been caught in a flagrant breach and involves informal investigation.

Trade investigation does not preclude the application, where the decision is deemed necessary, the proper effects of the complaint for the benefit and integral repair of the victim of the unjust. .

4. From crimes of domestic violence and food inassistance.

5. From the warranty control function.

ARTICLE 3o. Article 39 of Law 906 of 2004 will remain so:

Of the warranty control function. The guarantee control function shall be exercised by a municipal criminal judge at the place where the offence was committed.

If more than one municipal criminal judge is competent to exercise the guarantee control function, it will be exercised by the one that is available according to the previously established shifts. The judge exercising the control of guarantees shall be prevented from knowing the same case in his or her background.

If the capture occurred rather than the commission of the punishable conduct, the guarantee control function may be carried out by the municipal criminal judge of the territory where the apprehension was carried out or from the one where for reasons of urgency or Security has been captured. In the absence of this, the municipal judge of another specialty will be present.

If after exercising the judicial control of the capture the prosecutor formula imputation, requests imposition of measure of assurance or makes any other application within the same subject, the same rule of the previous paragraph will apply.

Where the act on which the guarantee control function is to be exercised corresponds to a matter which is assigned to a municipal criminal court by jurisdiction, or is a cause of impairment and only an official of that specialty is present in the the municipality, the guarantee control function must be exercised by another municipal judge of the same place regardless of its specialty or, in the absence of it, that of the nearest municipality.

PARAGRAFO 1o. In cases known to the Supreme Court of Justice, the function of the judge of control of guarantees will be exercised by a magistrate of the criminal court of the Superior Court of Bogotá.

PARAGRAFO 2o. When the place where the event was committed belongs to a circuit in which there are four or more municipal judges, a given and proportional number of judges shall exclusively exercise the control function of the guarantees, in accordance with the distribution and organization arranged by the Administrative Board of the Superior Council of the Judiciary or the respective Sectional Councils of the Judiciary, prior to the study of the factors that are due be aware.

PARAGRAFO 3o. There will be street guarantee judges acting on the sites where there is only one municipal judge and, in addition, a place where the transfer of the parties and the interveners is difficult for reasons of transport, distance, force majeure or similar.

ARTICLE 4o. Article 74 of Law 906 of 2004 will remain so:

Crimes that require querella. In order to initiate criminal action, it will be necessary for the following offences to be filed, except where the taxable person is a minor, an inimputable or the person has been caught in a flagrant breach:

1. Those who in accordance with the Penal Code do not have any penalty for the deprivation of liberty.

2. Induction or help with suicide (C. P. article 107); personal injuries without sequelae that result in incapacity to work or illness exceeding thirty (30) days without exceeding sixty (60) days (C. P. article 112 incisos lo y 2o); personal injuries with transient physical deformity (C. Q. article 113 (l) (l); personal injury with transient functional disturbance (C. Q. article 114 subsection lo); parturition or preterintentional abortion (C. P. article 118); personal injuries resulting from incapacity for work or illness exceeding thirty (30) days (C. P. article 120); injury (C. P. article 220); slander (C. P. article 221); indirect slander and slander (C. P. article 222); injury by way of fact (C. P. article 226); reciprocal injures (C. P. article 227); mistreatment by restriction on physical freedom (C. P. article 230); misappropriation and distoning of family assets (C. Article 236); simple theft of a value exceeding ten (10) minimum monthly legal wages in force and not exceeding one hundred and fifty (150) current statutory minimum wages (C. P. article 239); alteration, disfiguration and impersonation of livestock marks (C. P. article 243); a fraud of more than ten (10) legal minimum monthly wages in force and not exceeding one hundred and fifty (150) current minimum legal monthly salaries (C. Article 246); illegal issuance and transfer of checks of amounts exceeding ten (10) current statutory minimum wages (C. P. article 248); breach of confidence of higher than ten (10) statutory minimum monthly wages in force (C. P. article 249); use of foreign error or fortuitous case of amounts exceeding ten (10) current legal minimum wages (C. P. article 252); value of goods exceeding ten (10) minimum monthly legal wages in force (C. Article 253); provision of own property taxed with a sum of more than ten (10) statutory minimum monthly salaries in force (C. P. article 255); misappropriation and distoning of goods (C. P. article 259); usurpation of land (C. P. article 261); usurpation of waters (C. Article 262); invasion of land or buildings (C. P. article 263); damage to a foreign property of more than ten (10) current statutory minimum wages (C. P. article 265); false self-accusation (C. P. article 437); infidelity to professional duties (C.P. article 445).

ARTICLE 5o. Article 86 of Law 906 of 2004, Criminal Procedure Code, will remain so:

Item 86. Administration of goods. The goods and resources that are the subject of measures for the purpose of comiso will be made available to the Special Fund for the Administration of Goods of the Prosecutor General of the Nation for its administration according to the systems that for this purpose develop the Attorney General of the Nation, and must be related in a National Public Registry of Goods. Such measures shall be registered within three (3) days following their adoption at the relevant registration offices where the nature of the goods so permits.

PARAGRAFO 1o. Except for the administration of the Special Fund for the Administration of Goods of the Prosecutor General of the Nation, the goods that have the character of element of probative material and physical evidence, that shall be subject to the rules laid down in this code for the chain of custody.

PARAGRAFO 2o. The goods and resources affected in criminal proceedings brought into force by laws prior to Law 906 of 2004, which are under the custody of the Prosecutor General's Office. of the Nation or of any body that exercises judicial police functions at the time of entry into force this law, shall be incorporated into the Fund that deals with this article and register in the National Public Registry of Goods.

ARTICLE 6o. Article 87 of Law 906 of 2004 will have a second paragraph that will remain so:

In procedures where rustic laboratories are found for the processing of hallucinogenic substances or illicit coca or poppy crops, judicial police officers, before their destruction, will take samples and record in videocnta or photograph the laboratories and the elements and substances which are the object or the product of the offence. Photographs or videos will replace the physical element and will be used instead during the oral trial or at any other time in the procedure. The photographs, footage and samples will be packed, filmed and submitted to the chain of custody.

ARTICLE 7o. Article 89 of Law 906 of 2004, Code of Criminal Procedure, will remain as follows:

Item 89. Unclaimed assets or resources. Ordered the return of goods or resources, it will be communicated in the most immediate way or in the term of the distance to which it has the right to receive them to be claimed within the fifteen (15) days after the effective reception of the communication. After the previous term without the goods being claimed, they will be made available to the Special Fund for the Administration of Goods of the Prosecutor General of the Nation.

In the same way, it will proceed if the owner, holder or holder of the goods that were affected is not known, in which case the Office of the Prosecutor General of the Nation must establish the action to be declared vacant or show to the Special Fund for the Administration of Goods of the Office of the Prosecutor General of the Nation.

The claims may be filed in batch, taking into account the nature or characteristics of the goods and resources.

The provisions of this article are without prejudice to the provisions of special rules.

ARTICLE 8o. Law 906 of 2004, Criminal Procedure Code, will have an article 89A which will remain so:

Article 89 A. Special Prescription. After three (3) years for movable property and five (5) years for real estate, counted from the execution of the providence that orders the return of goods or resources with owner, holder or known holder, without which they have been claimed, Legally assume that the owner of the good or resource is not giving him the social function referred to in article 58 of the Political Constitution and the Office of the Prosecutor General establishing civil action for the recognition of the special prescription referred to in this Article Article.

As a result of the foregoing, the special prescription for the Special Fund for the Administration of Goods of the Prosecutor General of the Nation will be recognized by judicial judgment.

ARTICLE 9o. Article 100 of Law 906 of 2004, Criminal Procedure Code, will remain as follows:

Item 100. Affecting Goods in Culpous Crimes. In the case of offences, motor vehicles, aircraft or aircraft or any unit mounted on wheels and other objects which have free trade, once the forecasts of this code for the product have been completed within ten (10) days. chain of custody, shall be provisionally delivered to the rightful owner, holder or holder, unless his seizure and seizure have been requested and decreed.

Dealing with vehicles of collective public service, may be handed over to the legal representative of the company to which he is affiliated with the obligation to account for what is produced in the term the judicial officer determines and the return when he so provides. In such a case, the delivery will not proceed until the final decision is taken with respect to them.

Delivery shall be final when the payment of the damages is guaranteed, or assets of the accused or accused have been seized in sufficient amount to protect the right to compensation for the damages caused by the crime.

The decision of delivery of the goods referred to in this standard corresponds, in all cases, to the judge of guarantee control.

ARTICLE 10. Article 114 of Law 906 of 2004 will have a paragraph that will remain so:

PARAGRAFO. The Attorney General of the Nation or the Attorney General, as the case may be, may act with the support of another Chief Prosecutor of any category, both for the investigation and for the intervention in the hearings. The European Court of This same faculty may be applied in the exercise of the defence.

ARTICLE 11. Article 128 of Law 906 of 2004 will have a second paragraph that will remain so:

" In the events in which the captured person does not present a document of identity, the judicial police will take the decaying record and immediately forward it to the National Registry of the Civil State for the immediate issue of copying the photocedula. If the person in his/her files does not appear registered, the National Registry of the Civil State will register it with the name that was initially identified and will assign a numerical quota. "

ARTICLE 12. Article 154 of Law 906 of 2004 Code of Criminal Procedure will remain so:

Article 154. Modes. It will be processed in preliminary hearing:

1. The act of making available to the judge of control of guarantees the elements collected in records, searches and interception of communications ordered by the Prosecutor's Office, for their control of legality within thirty-six (36) hours next.

2. The practice of an early test.

3. The one that orders the adoption of necessary measures for the protection of victims and witnesses.

4. The one that resolves to the assurance measure request.

5. The one that resolves on the request for real precautionary measures.

6. The formulation of the imputation.

7. The review of legality on the application of the principle of opportunity.

8. Requests for freedom that are submitted prior to the announcement of the meaning of the judgment.

9. Those that resolve issues similar to previous ones.

ARTICLE 13. Article 177 of Law 906 of 2004, Code of Criminal Procedure, will remain so:

Article 177. Effects. The appeal will be granted:

In the suspensory effect, in which case the competence of the person who proposed the decision object of appeal will be suspended from that moment until the appeal is resolved:

1. The conviction or absolute sentence.

2. The car that decrees or rejects the precluding request.

3. The car that decides the nullity.

4. The car that denies the trial practice in the oral trial; and

5. The car that decides on the exclusion of an oral trial test.

In the Beneficial Effect, in which case the application of the appealed decision and the course of the action shall not be suspended:

1. The order that resolves to impose, revoke or replace a measure of insurance.

2. The order that resolves the imposition of a precautionary measure affecting the goods of the accused or accused.

3. The car that solves the legalization of capture.

4. The order that decides on the control of the legality of the prosecution of search and search warrants, retention of correspondence, interception of communications or recovery of information left when browsing the Internet or other means similar.

5. The car that tests the application of the principle of opportunity in the research stage; and

6. The car that supports the practice of the advance test.

ARTICLE 14. Article 222 of Law 906 of 2004, Code of Criminal Procedure, will remain as follows:

Article 222. Scope of the search and search order. The order issued by the prosecutor must determine the places to be registered. In the case of buildings, ships or aircraft which have several rooms or compartments, it shall be expressly indicated which rooms or compartments are included in the diligence.

If the exact description of the place or places to be registered is not possible, the prosecutor must indicate in the order the arguments so that, in spite of this, the operation must be carried out. Under no circumstances may the Office of the Prosecutor General authorize the prosecution of indiscriminate search and search warrants, or where the good to be registered is indicated in a global manner.

ARTICLE 15. Article 235 of Law 906 of 2004, Code of Criminal Procedure, will remain so:

Article 235. Interceptation of telephone and similar communications. The prosecutor may order, in order to search for material evidence, physical evidence, search and location of imputed or indexed, which are intercepted by means of magnetophonic recording or similar telephone communications, radiotelephonics and the like using the electromagnetic spectrum, the information of which is of interest for the purposes of the action. In this sense, the entities entrusted with the technical operation of the respective interception have the obligation to perform it immediately after the notification of the order.

In any case, it must be based in writing. The persons involved in these proceedings are obliged to keep their due reservation.

For no reason will the defender's communications be intercepted.

The order will have a maximum term of three (3) months, but may be extended to the other extent if, case of the prosecutoroffice, the underlying reasons for the order remain.

ARTICLE 16. Article 237 of Law 906 of 2004 will remain so:

Article 237. Later legality control hearing. Within twenty-four (24) hours following compliance with search and search warrants, correspondence retention, interception of communications or retrieval of information left when browsing the Internet or other means similar, the prosecutor will appear before the guarantee control judge, to conduct the review hearing of legality on the act, including the order.

only will be able to attend, in addition to the prosecutor, the judicial police officers and witnesses or experts who provided statements. sworn in order to obtain the respective order, or that they intervened in the diligence.

The judge may, if you consider it appropriate, directly interrogate the comparicers and, after hearing the arguments of the prosecutor, shall decide on the validity of the procedure.

PARAGRAFO. If compliance with the order occurred after the imputation was made, the legal control hearing must be summoned to the defendant and his/her defender so that, if they wish, they can perform the contradictory. In this last event, they will be applied analogically, according to the nature of the act, the rules intended for the preliminary hearing.

ARTICLE 17. Article 238 of Law 906 of 2004, Code of Criminal Procedure, will remain so:

Item 238. Decision Impugnability. The decision of the judge to control guarantees will be liable to challenge, in the events foreseen in this law. If the defense refrained from intervening in the hearing, it may request in another preliminary hearing or during the preparatory hearing the exclusion of the evidence obtained.

ARTICLE 18. Article 289 of Law 906 of 2004 will remain so:

Forcing. The formulation of the imputation shall be fulfilled with the presence of the accused or his or her defender, whether of trust or, in the absence thereof, that which is designated by the national system of public defender.

PARAGRAFO 1o. Before the guarantee control judge, the prosecutor will be able to legalize the capture, formulate imputation, request imposition of insurance measure and make any requests that you consider to have come from, with the sole presence of the trusted advocate or designated by the national public defender system, when the captured has entered into a state of unconsciousness after deprivation of freedom or is in a state of health that prevents him from exercising his defense material. In this case, the ability to raid the imputation will be maintained until the person has regained consciousness, with the same punitive discount indicated on the 1o of article 351 of this code.

PARAGRAFO 2o. When the captured is held in a clinic or hospital, but conscious and in a state of health that allows him to exercise his or her material defense, the guarantee control judge, at the request of the prosecutor, move up to that location for the purposes of the legalisation of capture, the formulation of the imputation and the response to other requests from the parties.

PARAGRAFO 3o.

ARTICLE 19. Article 297 of Law 906 of 2004, Code of Criminal Procedure, will remain so:

Article 297. General requirements. For the capture, written order is required by a judge to control the guarantees with the legal formalities and for reasonably well-founded reasons, according to the article 221, to infer that the Anyone who asks to be freed is the author or a participant of the crime under investigation, according to the request made by the respective prosecutor.

Captured the person will be made available to a judge of guarantees control within the maximum period of thirty six (36) hours for the hearing of the control of legality, order the cancellation of the order of capture and have the relevant to the apprehended.

PARAGRAFO. Except for cases of capture in flagrancy, or exceptional capture by the Attorney General's Office, as set forth in this code, the indicado, imputed or accused shall not be entitled to be deprived of their freedom or restricted in it, without prior order from the guarantee control judge.

ARTICLE 20. Article 299 of Law 906 of 2004 will remain so:

Item 299. Capture order processing. The order of capture, the judge of control of guarantees or the knowledge, from the moment that he gives the meaning of the judgment or formally profit the sentence of conviction, will immediately send it to the Prosecutor General of the Nation the law enforcement agencies responsible for carrying out the physical apprehension, and the information system that is carried out for the purpose is recorded. Likewise, it must be communicated when for any reason it loses its validity, in order to download it from the archives of each organism, indicating the motive of such determination.

PARAGRAFO. Incurrates the public server that omits or later fails to communicate the communications referred to in this article.

ARTICLE 21. Article 300 of Law 906 of 2004 will remain so:

Exceptional capture by order of the Prosecutor's Office.

The Attorney General of the Nation or its delegate may exceptionally offer written and reasoned capture order at events in which preventive detention proceeds, when for serious and force majeure not found available a judge who can order it, provided there are material elements evidentiary, physical evidence or information allowing to infer reasonably that the person is an author or a participant in the conduct under investigation, and any of the following causes:

1. Imminent risk of the person hiding, absconding or missing from the place where the investigation is conducted.

2. Founded probability of altering the evidence media.

3. Danger to the safety of the community or the victim as to what, if the capture is not carried out, the indiciate will conduct against them a punishable conduct.

The validity of this order is subject to the possibility of access to the guarantee control judge to obtain it. The person, who is captured, shall be made available to a guarantee control judge immediately or at the latest within thirty-six (36) hours following the hearing of the law enforcement order and the apprehension.

ARTICLE 22. Article 302 of Law 906 of 2004 will have a paragraph that will remain so:

PARAGRAFO. In all cases of capture, the judicial police will immediately proceed to the full identification and registration of the apprehended, as provided for in the article 128 of this code, for the purpose of verifying previous captures, ongoing processes, and background.

ARTICLE 23. Article 304 of Law 906 of 2004 will remain so:

Article 304. Formalization of seclusion. Where the prisoner is to be deprived of his or her freedom, once the security measure or the sentence is imposed, the judicial officer whose orders he or she is placed shall immediately surrender him in custody to the Inpec or to the authority of the The prison and the prison system are established for the purpose of entering and registering the prison. Prior to the stated procedural moments the captured will be under the responsibility of the National Police.

The referral will express the reason and date of the capture.

In case the captured has been driven to a prison establishment without the corresponding order, the director will ask the official to order his capture. If thirty-six (36) hours since the entry of the apprehended has not been satisfied, this requirement will be immediately released.

In the same way, the communication to the judicial officer must be immediately fulfilled when, for whatever reason, the deprivation of liberty is lost, so that the penalties provided for in the law are punishable.

Custody includes transfers, referrals, development of hearings, and other judicial proceedings to take place.

ARTICLE 24. Article 310 of Law 906, 2004, will be as follows:

Danger to the community. In order to estimate whether the freedom of the accused is dangerous for the security of the community, will be sufficient the gravity and modality of the punishable. However, according to the case, the judge may further assess any of the following circumstances:

1. The continuation of criminal activity or its probable linkage with criminal organizations.

2. The number of crimes you are charged with and the nature of the crimes.

3. The fact of being accused, or of being subject to some measure of insurance, or of being enjoying a substitute mechanism for the deprivation of liberty, for intentional or intentional crime.

4. The existence of convictions in force for intentional or intentional crime.

ARTICLE 25. Article 312 of Law 906 of 2004, Criminal Procedure Code will remain so:

Item 312. Failure to Appear. To decide on the eventual failure to appear, you will consider, in particular, the severity and modality of the conduct and the taxable penalty, in addition to the following factors:

1. The lack of roots in the community, determined by the domicile, seat of the family, their business or work and the facilities they have to leave the country definitively or remain hidden.

2. The severity of the damage caused and the attitude that the accused takes in front of it.

3. The behaviour of the accused during the proceedings or in another one, which can be reasonably inferred from his unwillingness to subject himself to the investigation, to criminal prosecution and to the execution of the sentence.

ARTICLE 26. Article 313 of Law 906, 2004, will have a fourth number that will remain so:

4. When the person has been caught for conduct constituting a crime or a violation, within the period of the previous year, counted from the new capture or imputation, provided that the preclusion or acquittal has not occurred in the case precedent.

ARTICLE 27. Article 314 of Law 906, 2004, will be as follows:

Replacing preventive detention. Preventive detention in prison may be replaced by that of the place of residence at the following events:

1. Where, in order to meet the intended purpose of the insurance measure, the detention at the place of residence is sufficient, it shall be based on the person requesting the replacement and decided by the judge at the hearing of the taxation, in respect of the personal, work, family or social life of the person.

2. Where the accused or accused person is greater than sixty-five (65) years, provided that his/her personality, the nature and modality of the offence make his or her confinement in the place of residence advisable.

3. When the accused or accused is missing two (2) months or less for delivery. Equal right will be during the six (6) months following the date of birth.

4. Where the accused or accused person is in a serious state of illness, after obtaining the opinion of official doctors.

The judge will determine whether the accused or accused should remain in their place of residence, in clinic or hospital.

5. Where the accused or accused person is a parent of a minor child or who suffers permanent incapacity, as long as he has been in his care. In the absence of it, the father who does his times will have the same benefit.

The detention at the place of residence involves the necessary permits for the medical controls of rigor, the occurrence of the birth, and to work in the hypothesis of the numeral 5.

In all events the beneficiary will sign a record in which he undertakes to remain in the place or places indicated, to not change his residence without prior authorization, to attend before the authorities when he is required and, In addition, it may impose the obligation to submit to the electronic control and surveillance mechanisms or to a given person or institution, as the judge provides.

El Tiempo] The control of the compliance with the detention at the place of residence will be in charge of the INPEC, which will carry out periodic monitoring of the compliance with the house arrest and report to the Prosecutor General's Office on its results so that (a) notice of violations of the conditions imposed by the Judge may be taken.

PARAGRAFO. The replacement of preventive detention in prison, by house arrest, will not proceed when the imputation relates to the following crimes: The jurisdiction of the criminal judges of the specialized circuit or who does its times, Trafficking of Migrants (C.P. article 188); Carnal access or sexual acts with incapable of resisting (C.P. article 210); Intra-family violence (C.P. article 229); Qualified Hurt (C.P. article 240); Aggravated Hurt (C.P. article 241, numerals 7, 8, 11, 12, and 15); Aggravated Stafa (C.P. article 247); Use of false documents relating to stolen motorized media (C.P. article 291); Manufacture, trafficking and carrying of firearms or ammunition for personal use, when it comes with the crime of concert for delinquir (C.P. items 340 and 365), or the defendants record convictions in force for the same crimes; Manufacturing, trafficking, and carrying weapons; and ammunition for the private use of the armed forces (C.P. article 366 ); Manufacture, importation, trafficking, possession and use of chemical, biological and nuclear weapons (C.P. href="ley_0599_2000_pr014.html#367"> 367); Peculated by appropriation in excess Fifty (50) monthly minimum legal wages (C.P. article 397); Concussion (C.P. article 404): Own-in (C.P. article 405): Improper co-fact (C.P. article 406); Co-done by giving or offering (C.P. article 407); Repeated receiver, continuous (C.P. Article 447, points 1o and 3o); Reception to hide or cover up the crime of qualified theft, the reception to hide or cover up the qualified theft in contest with the concert for the crime, reception on motorized medium or its essential parts, or on merchandise or fuel to be carried on them (C.P. article 447, paragraph 2o).

ARTICLE 28. Article 315 of Law 906 of 2004, Criminal Procedure Code will remain so:

Article 315. Non-Custodial Insurance Measures. Where applicable for offences whose principal penalty is not deprivation of liberty, or for criminal offences, or where the minimum of the penalty indicated in the law is less than four (4) years, satisfied the requirements of the article 308, one or more of the measures listed in Article 307 literal (b) may be imposed, provided they are reasonable and proportionate for compliance with the intended purposes.

ARTICLE 29. Article 316 of Law 906, 2004, will be as follows:

Incompliance. If the accused or accused fails to comply with any of the obligations imposed on him or her by granting home detention, at the request of his imprisonment in prison.

Failure to comply with the obligations imposed, inherent in the measure of non-custodial insurance to which the accused or accused person is subject, will result in the replacement of the insurance measure by another, of seclusion in the place of residence, or non-custodial, depending on the seriousness of the non-compliance. In the case of a new non-compliance, it shall be carried out in accordance with the previous subparagraph.

ARTICLE 30. Article 317 of Law 906, 2004, will be as follows:

Article 317. Freedom Causals. The insurance measures referred to in the previous Articles shall be valid throughout the course of the action. The freedom of the accused or accused will be immediately fulfilled and will only proceed at the following events:

1. When the penalty has been served according to the advance determination that is made for this purpose, or the precluding has been decreed, or the defendant has been acquitted.

2. As a result of the application of the principle of opportunity.

3. As a consequence of the clauses of the agreement when it has been accepted by the judge of knowledge.

4. When sixty (60) days elapsed from the date of the imputation formulation, the statement of accusation or the request for the precluding has not been filed. The terms provided for in this numeral will be counted uninterruptedly.

5. When ninety (90) days, counted from the date of the submission of the indictment, have elapsed, the oral hearing has not been initiated.

PARAGRAFO. In numerals 4 and 5, the terms will be reset when there is a failure to accept charges, pre-agreements, or the application of the opportunity principle. There will be no room for freedom when the hearing of the oral trial could not be initiated by delaying maneuvers of the accused or accused, or of his defender, or when the hearing could not be initiated for cause fair or reasonable.

ARTICLE 31. Article 38 (2) of Law 599 of 2000 will thus remain:

" The control over this replacement measure will be exercised by the judge or tribunal that knows about the matter or will monitor the execution of the sentence, with support from the National Prison and Prison Institute, a body that will adopt surveillance mechanisms. electronic or periodic visits to the residence of the penado, among others, to verify the fulfillment of the penalty, of which it will inform the respective judicial office ".

ARTICLE 32. Law 599 of 2000, Penal Code, will have an article 68A which will remain so:

Exclusion of benefits and surrogates. No criminal surrogacy or substitute mechanisms for the custodial sentence of probation or probation; nor shall the house prison as a substitute for the prison be granted; nor shall there be any place in the prison. to no other legal, judicial or administrative benefit or subrogation, except for the collaboration benefits regulated by the law, provided that it is effective, when the person has been convicted of intentional or intentional crime within the five (5) years before.

ARTICLE 33. Article 229 of Law 599 of 2000, Penal Code will remain so:

Intra-family violence. The person who physically or psychologically mistreates any member of his or her family members will incur, provided that the conduct does not constitute a crime punishable by a higher penalty, in prison of four (4) to eight (8) years.

The penalty will be increased by half to three-quarters when the conduct falls on a minor, a woman, a person over sixty-five (65) years of age or who is in disability or physical, sensory and psychological decline or who is is in an defenseless state.

PARAGRAFO. The same penalty will be submitted who, not being a member of the family nucleus, will be in charge of caring for one or more members of a family at their home or residence, and conduct any of the behaviors. described in this article.

ARTICLE 34. Article 305 of Act 599, 2000, will have a third paragraph left as follows:

When the utility or advantage triples the current banking interest that the banks are charging for the corresponding period, according to the Financial Superintendency certification or who will do their times, the penalty will be increased from half to three-quarters.

ARTICLE 35. Section 1o of Article 312 of Law 599 of 2000 will remain so:

That in any way or using any means carries out an activity established as a monopoly of a profitable arbitration, without the respective authorization, permission or contract, or use non-official elements or modalities of game, it incurs in prison of four (4) to eight (8) years and fine of five hundred (500) to one thousand (1,000) monthly minimum legal wages in force.

ARTICLE 36. Article 347 of Law 599 of 2000 Criminal Code will remain so:

Article 347. Threats. The person, family, community or institution, who by any means frightenes or threatens a person, family, community or institution, with the purpose of causing alarm, anxiety or terror in the population or in a sector of it, will incur this single conduct, in prison of four (4) to eight (8) years and fine of thirteen point thirty-three (13.33) to one hundred and fifty (150) monthly minimum legal wages in force.

If the threat or intimidation recays on a public servant belonging to the Judicial Branch or the Public Ministry or his or her relatives, on the occasion or on the occasion of the position or function that he performs, the penalty will be increased by a third party.

ARTICLE 37. Article 240 of Law 599 of 2000, Criminal Code; Title VII: Crimes against Economic Heritage; Chapter I: Of The Hurt, shall be:

Article 240. Qualified Hurt. The penalty will be in prison from six (6) to fourteen (14) years, if the theft is committed:

1. With violence about things.

2. Placing the victim in indefenceless or inferiority conditions or taking advantage of such conditions.

3. By means of penetration or arbitrary, deceptive or clandestine permanence instead of inhabited or in their immediate dependencies, even if their inhabitants are not found there.

4. With staggering, or with a subtracted or false key, ganzua or any other similar instrument, or violating or overcoming electronic or other similar securities.

The penalty will be in prison for eight (8) to sixteen (16) years when violence is committed on people.

The same penalties apply when violence takes place immediately after the seizure of the item and has been used by the author or is involved in order to ensure their product or impunity.

The penalty will be seven (7) to fifteen (15) years in prison when the theft is committed on a motorized medium, or its essential parts, or on merchandise or fuel that is carried on them. If the conduct is carried out by the person in charge of the material custody of these goods, the penalty shall be increased from the sixth part by half.

The penalty will be five (5) to twelve (12) years in prison when the theft is committed on elements intended for telephone, telegraphic, computer, telematic and satellite communications, or for the generation, transmission or distribution of energy. electricity and home gas, or the provision of aqueduct and sewerage services.

ARTICLE 38. Article 365 of Law 599 of 2000, Penal Code will remain so:

Article 365. Manufacturing, trafficking, and carrying firearms or ammunition. Without the permission of competent authority to import, train, manufacture, transport, store, sell, sell, supply, repair or carry firearms of personal defence and ammunition, it shall be in prison for four (4) to eight (8) years.

The minimum penalty above will be doubled when the behavior is committed in the following circumstances:

1. Using motorized media.

2. When the weapon comes from a crime.

3. When resisting resistance in a violent manner to the requirements of the authorities, and

4. When masks or similar items are used to hide the identity or make it difficult.

ARTICLE 39. Article 386 of Law 599 of 2000, Penal Code will remain so:

Article 386. Democratic Contest Disturbance. The fact that by means of deceptive maneuver it disturbs or prevents a public vote related to the mechanisms of democratic participation, or the scrutiny of it, or the realization of an open council, will incur in prison of four (4) to nine (9) years.

The penalty will be in prison for six (6) to twelve (12) years when the conduct is conducted through violence.

The penalty will be increased from one third to half when the conduct is performed by a public servant.

ARTICLE 40. Article 388 of Law 599 of 2000, Penal Code will remain so:

Item 388. Suffragette Fraud. The fact that, by means of a deceptive maneuver, obtain that a citizen or a foreigner who is authorized by law, votes for a certain candidate, party or political current, or makes it blank, will be in prison of four (4) to eight (8) years.

In the same way it will incur who by the same means obtain in plebiscite, referendum, popular consultation or recall of the mandate voting in a certain sense.

ARTICLE 41. Article 391 of Law 599 of 2000, Penal Code will remain so:

Item 391. Fraudulent Vote. The person who supplant a citizen or a foreigner authorized by the law, or votes more than once, or without the right to vote in an election, plebiscite, referendum, popular consultation, or recall of the mandate, will be in prison of four (4) to eight (8) years.

ARTICLE 42. Article 392 of Law 599 of 2000, Criminal Code will remain so:

Article 392. Fraudulent vote favor. The public servant who allows to impersonate a citizen or a foreign-enabled alien, or to vote more than once or to do so without a right, will be in prison for four (4) to eight (8) years.

ARTICLE 43. Article 394 of Law 599 of 2000, Penal Code will remain so:

Item 394. Altering of Election Results. The person who, by means other than those mentioned in the preceding articles, alters the result of a vote or introduces documents or belts unduly, shall be in prison for four (4) to eight (8) years, unless the conduct constitutes a criminal offence. penalty with greater penalty.

The penalty will be increased from one third to half when the conduct is performed by a public servant.

ARTICLE 44. Article 395 of Law 599 of 2000, Penal Code will remain so:

Article 395. Hiding, withholding, and illicit possession of cedula. The person who makes the disappearance, holds or holds a citizenship certificate or any other document necessary for the exercise of the right to vote, shall be in prison for four (4) to eight (8) years, unless the conduct constitutes a crime punishable by greater penalty.

ARTICLE 45. Article 447 of Law 599 of 2000, Penal Code will remain so:

Item 447. Receipts. The person who, without having taken part in the execution of the punishable conduct, acquires, possesses, converts or transfers movable or immovable property, which has its immediate or immediate origin in a crime, or carries out any other act to conceal or cover up his or her In the case of illegal origin, four (4) to twelve (12) years imprisonment and a fine of six sixty-six (6.66) to seven hundred and fifty (750) monthly minimum statutory wages in force, provided that the conduct does not constitute a penalty major.

If the conduct is carried out on a motorized medium, or its essential parts, or on goods or fuel carried on them; or on elements for telephone, telegraphic, computer, telematic and satellite communications, or to the generation, transmission, or distribution of electrical energy and home gas, or the provision of aqueduct and sewerage services, the penalty will be six (6) to thirteen (13) years imprisonment and fine of seven (7) to seven hundred (700) wages Current monthly legal minimum.

If the behavior is performed on a good whose value is greater than one thousand (1,000) monthly minimum legal wages in effect the penalty will be increased from one third to half.

ARTICLE 46. Article 21 of Chapter IV Transitional of Law 600 of 2000, will remain so:

" The rules included in this chapter will be in effect until the proceedings initiated by facts of this law have been completed. The rules of Law 600 of 2000, which are contrary to the provisions of this chapter, are suspended for the duration of the Chapter. "

ARTICLE 47. Article 125 of Law 906 of 2004, Criminal Procedure Code will remain so:

Item 125. Special Duties and Privileges. In particular, the defense will have the following duties and attributions:

1. Personally assist the person charged from his/her capture, from which he/she must be guaranteed the opportunity to maintain private communication with him.

2. Provide reasonable time and means for the preparation of the defence, including the exceptional possibility of obtaining justified extensions for the conduct of the oral trial.

3. In the event of an accusation, know in its opportunity all the evidence, physical evidence and information that the Office of the Prosecutor General of the Nation has news, including those that are favorable to the prosecution.

4. To test the evidence, even if they are performed in advance in the oral trial.

5. Interrogate and cross-examine witnesses and experts in public hearing.

6. Ask the judge for the appearance, even by coercive means, of witnesses and experts who can shed light on the facts of the debate in the oral trial.

7. To institute and support, if appropriate, the nullity, the ordinary and extraordinary resources and the review action.

8. Do not be required to present proof of discharge or counter-test, or to intervene actively during the oral trial.

9. Search, empirically identify, collect and pack material evidence and physical evidence; conduct interviews and assessments that require specialized knowledge through law-authorized technicians and researchers. For such purposes, public and private entities, in addition to individuals, will provide the collaboration that they require, without being able to oppose reservation, provided that it is credited by the certified defender by the Nation's Attorney General, that information will be used for court purposes.

10. Refrain from disclosing information related to the process and its client, in accordance with the law.

ARTICLE 48. Article 160 of Law 906 of 2004, Criminal Procedure Code will remain so:

Article 160. Term to adopt decisions. Unless otherwise provided, decisions shall be taken at the hearing of the hearing. For this purpose the judge may order a recess in the terms of this code.

When decisions relating to the provisional release of the accused or accused are to be taken, the judicial officer shall have a maximum of three working days to hold the respective hearing.

ARTICLE 49. Article 200 of Law 906 of 2004, of the Code of Criminal Procedure will remain so:

Article 200. Organ. It is up to the Office of the Prosecutor General of the Nation to investigate and investigate the facts that are characteristic of a crime that come to their knowledge through denunciation, complaint, special request or by any other means suitable.

In the development of the function provided for in the previous paragraph of the Prosecutor General's Office, through the prosecutor director of the investigation, it is up to him to address, coordinate, legal control and technical-scientific verification of the activities to be carried out by the judicial police, as provided for in this code.

By judicial police we understand the role that the State entities comply with in supporting the criminal investigation and, in the exercise of these investigations, they are functionally dependent on the Attorney General of the Nation and their delegates.

The official and private agencies are obliged to provide the collaboration requested by the judicial police units, in the terms established within the investigation and investigation for the elaboration of the urgent acts and compliance with the activities referred to in the methodological programmes, respectively; subject to the penalties to be imposed.

Cto. SGEologico 32213 of 2016

ARTICLE 50. The Criminal Code will have a new article in the following tenor:

Article 38A. Electronic surveillance systems as prison replacements. The Judge for the execution of penalties and security measures may order the use of electronic surveillance systems during the execution of the sentence, as replacement of the prison, provided that the following budgets are met:

1. That the sentence imposed in the sentence does not exceed eight (8) years of imprisonment, except in the case of crimes of genocide, against International Humanitarian Law, enforced disappearance, extortionate kidnapping, torture, forced displacement, migrants, trafficking in persons, crimes against freedom, sexual integrity and training, extortion, concerto for aggravated crime, laundering of assets, terrorism, financing of terrorism and the administration of resources related to activities terrorists and crimes related to drug trafficking.

2. That the person has not been convicted of intentional or intentional crime within the previous five (5) years.

3. That the personal, work, family or social performance of the sentenced person allows the Judge to deduce seriously, founded and motivated that he will not endanger the community and that he will not evade the fulfillment of the sentence.

4. That the full payment of the fine be made.

5. That damages caused by the crime be repaired within the term to be set by the Judge.

6. To ensure that the following obligations are met, which must be recorded in a statement of commitment:

a) Observe good behavior;

b) Do not incur a crime or a violation for the duration of the execution of the sentence;

c) Comply with restrictions on the freedom of locomotion involving the measure;

d) Comappearing to watch for compliance with the execution of the penalty when required to do so.

Failure to comply with the obligations imposed in the act of engagement will result in the replacement of the replacement measure by the Judge with the execution of penalties and security measures.

PARAGRAFO. Electronic surveillance systems as prison replacements will be implemented gradually, within the limits of the respective budget appropriation. The graduality in the implementation of electronic surveillance systems will be established by the Ministry of Interior and Justice.

This article will be regulated by the National Government to guarantee the appropriations of the expenditure that are required for the implementation of the aforementioned electronic surveillance system within 60 days of its sanction.

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