Act 1179 2007

Original Language Title: LEY 1179 de 2007

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ACT 1179 2007
(December 31)
Official Gazette No. 46,858 of December 31, 2007 CONGRESS OF THE REPUBLIC

Through which the "Additional Protocol approved the Cooperation Agreement Judicial in Criminal Matters between the Republic of Colombia and the Kingdom of Spain, of 29 May 1997 ", signed in Madrid, twelve (12) July two thousand and five (2005). Summary

Term Notes The Congress of Colombia

having regard to the text of the "Additional Protocol to the Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Kingdom of Spain, of 29 May 1997", signed in Madrid, twelve (12) July two thousand and five (2005), which reads:
(to be transcribed: photocopy of the full text of that instrument is attached).
ADDITIONAL PROTOCOL TO THE CONVENTION OF JUDICIAL COOPERATION IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF COLOMBIA AND THE KINGDOM OF SPAIN, OF 29 MAY 1997
The Republic of Colombia and the Kingdom of Spain, hereinafter Parties | || Stressing the importance of updating the Convention on Judicial cooperation in Criminal Matters between the Kingdom of Spain and the Republic of Colombia in 1997, aimed at developing new forms of judicial cooperation.
Underscoring the memorandum of understanding signed in Cartagena de Indias on 29 October 2004 by the Minister of Justice of Spain and the Attorney General's Office of the Republic of Colombia and the constitution, on the same date, of the Iberoamerican Network of Judicial Cooperation (IberRed).
Expressing its confidence in the structure and functioning of their legal systems and the ability to guarantee a fair trial
Noting the common interest in ensuring that mutual assistance between the Parties is conducted in a timely manner and in a manner consistent with the fundamental principles of its internal and respecting the rights accorded to all persons legal systems.
Aware of the need to improve and perfect the traditional mechanisms of international judicial assistance to address effectively organized crime, especially terrorism and illegal trafficking of narcotics and chemical inputs for development of substances that produce dependence.
Whereas international cooperation is an effective way to deal with crime in all its manifestations tool.
In observance of constitutional, legal and administrative regulations of the Parties, as well as respect for the principles of international law, sovereignty and territorial integrity, Have agreed
:

CHAPTER I. PROVISIONS GENERAL.
ARTICLE 1o. RELATIONSHIP WITH OTHER CONVENTIONS OF JUDICIAL ASSISTANCE. This Protocol is intended to supplement the provisions and facilitate the application between the Kingdom of Spain and the Republic of Colombia, the Convention on Mutual Assistance in Criminal Matters of May 29, 1997, subject to multilateral agreements on such matters have been ratified by the Parties.
Article 2.
. AREA OF APPLICATION.

1. This Protocol shall apply only to requests for legal assistance that are made between the parties, whose purpose is criminal investigation and suppression of terrorism, trafficking in narcotics, chemical inputs, money laundering and money laundering, crimes committed by a criminal organization and related offenses.
2. For the purpose of this Protocol shall mean terrorism, acts described as such in the domestic legal systems of each of the Parties and those behaviors viewed as terrorist acts, existing international instruments for both parties.
3. For the purposes of this Protocol, the term "criminal organization" a structured association of more than two persons, established over a period of time and acting in concert in order to commit crimes, whether such offenses are an end in themselves or a means of obtaining material benefits and, where appropriate, to influence unduly the functioning of public authority.
4. For the purpose of this Protocol shall apply trafficking offenses narcotics and inputs for processing, the conduct defined as such in the domestic legal systems of each of the Parties, as well as the conduct defined as such in existing international instruments both Parties.

ARTICLE 3. PROCEDURES AND PROCEDURES FOR THE IMPLEMENTATION OF REQUESTS FOR JUDICIAL ASSISTANCE.

1. In cases where legal aid is granted, the requested Party shall execute the assistance in accordance with the special forms and requirements stated in the request, unless they are incompatible with this Protocol or its fundamental law.
2. The requested Party shall execute the request for assistance as soon as possible given the procedural deadlines indicated by the requesting Party.
3. If the application can not run all or part of the requested Party shall inform the requesting Party, also indicating the terms under which assistance can be fulfilled.

ARTICLE 4. SPONTANEOUS EXCHANGE OF INFORMATION.

1. With the limitations imposed by domestic law, the competent authorities of both Parties may provide information, without request any respect, about criminal offenses and violations of laws, that can reasonably be understood to be pursued by the receiving Party.
2. The authority providing the information may impose conditions on the use of information by the receiving authority in accordance with its domestic law.
CHAPTER II.
SPECIFIC FORMS OF MUTUAL ASSISTANCE.

The 5th ITEM. PROTECTION AND EXPERTS IN RESEARCH WITNESSES AND Prosecutions.

1. With the limitations imposed by domestic law and when there is agreement between the competent authorities of both Parties, a person who has been adopted by the national competent authority as a witness or protected in an investigation or criminal prosecution expert, may be admitted in witness protection programs and experts of the other Party.
2. The transfer and maintenance of protected shall be agreed between the competent authorities through the central authorities.

ARTICLE 6o. USE OF TECHNICAL MEANS.

1. When a person is in the territory of one of the two parties to be heard as a witness or expert by the judicial authorities of the other Party, the latter, if it is not desirable or possible for the person who is be heard to appear in its territory in person, you can use the means that technology offers and those who count each Party, in order to achieve the proposed legal assistance order.
2. If the requested Party does not have the technical means for videoconferencing, the requesting party may make them available upon agreement.
3. Hearing by video conference shall be governed by the following provisions:
a) During the hearing will present a judicial authority of the requested Party, responsible for identifying the person to be heard and to ensure respect for the fundamental principles of domestic law of the requested Party. If necessary you will be assisted by an interpreter.
When the judicial authority of the requested Party considers that during the hearing are in violation of fundamental principles of its domestic law, take the necessary steps immediately to ensure the continuation of the hearing in accordance with the said principles;
B) The competent authorities of the Parties agree, where necessary, measures for the protection of the person to be heard;
C) The hearing shall be conducted directly by the judicial authority of the requesting Party or under its direction under its domestic law with.
4. Without prejudice to any measures agreed for the protection of persons, completed the hearing, the judicial authority of the requested Party shall keep minutes of the declaration indicating the date and place of the hearing, the identity of the person heard, the identity and quality of any other persons of the requested Party who participated in the hearing, swearing benefits, if any, and the technical conditions which have made the declaration. The competent authority of the requested Party shall transmit the document to the competent authority of the requesting Party.
5. The central authorities previously agree on the conditions in which the costs of videoconferencing will be assumed.
6. The Parties may, if considered appropriate, also apply the provisions of this Article, where appropriate and with the agreement of their competent authorities, to hearings by videoconference of an accused. In this case, the decision to keep videoconferencing and how it is carried out, shall be subject to the agreement of the Parties in accordance with its domestic law and relevant international instruments.

ARTICLE 7. Deliveries.


1. The Parties undertake to allow in their territory, to the extent permitted by the fundamental law, and at the request of the other Party, controlled deliveries in the framework of criminal investigations.
2. The decision on conducting controlled deliveries will take in each case the competent authority of the requested Party, under its national law.
3. Controlled deliveries are made in accordance with the procedures in force in the requested Party. The right to act as well as the direction and control of operations will rest with the competent authorities of that Party.

Article 8. JITs.

1. The competent authorities of both Parties may, according to their fundamental legal system, integrating commissions of inquiry with a specific purpose and for a set period, which may be extended with the consent of both, to carry out criminal investigations in the territory of one of them. The team composition will be determined in the agreement establishing it. They may be set up joint investigation teams in the following cases:
a) When the investigation of criminal offenses forward a Party, magazine complexity and also affect the other;
B) When investigations into criminal offenses that due to the circumstances of the case necessitate coordinated and concerted action are made. Either party may make a request for creation of a joint investigation team. The team will be created in the territory of a Party where he intends to effect the investigation.
2. The joint investigation team will act in the territory of both Parties, in accordance with the following general conditions:
a) be headed by a representative of the competent authority participating in criminal investigations from the Party in which the team . The team leader shall act within the limits of the powers conferred under domestic legal system;
B) The team shall act in accordance with the domestic law of the Party which is conducting the investigation. Its members perform the work under the direction of chief appointed, taking into account the conditions set by their own authorities in the agreement setting up the team.
3. The members of the joint investigation team shall be entitled to be present when investigative measures in the territory where the team is acting are taken. However, for specific and under the domestic law of the Party in which the team with reasons, the head of the same may decide otherwise.
4. In accordance with the domestic law of the Party in acting the joint investigation team, the head of it may entrust those persons assigned to him, the implementation of certain investigative measures where this is approved by the competent authorities of both Parties.
5. When the joint investigation team needs investigative measures to be taken in the territory of the Party which is not acting, for the same members may request their own competent authorities to take such measures. These measures will be examined under the same conditions that would be applied in the framework of a national investigation.
6. When the joint investigation team needs assistance from a third State, which has not participated in the creation of the team, the competent authorities of the Party where the team operates, may make the request for assistance to the competent authorities of the third State concerned in accordance with the relevant instruments or arrangements, reporting on this situation to the other Party.
7. The information obtained legally a member of a joint investigation team and without access otherwise the competent authorities of the other Party, may be used for the following purposes:
a) For the purposes for which it has been setting up the team;
B) For use, subject to the prior authorization of the party which obtained the information, for detecting, investigating and prosecuting other criminal offenses. Such authorization may be withheld only in cases where such use would endanger criminal investigations of the other Party;
C) To prevent an immediate and serious threat to public security, and without prejudice to the provisions of the letter b) if subsequently a criminal investigation is opened;

D) The competent authorities of both Parties have immediate access to the information they obtain sets of equipment, which must be treated in a reserved manner. The team leader will ensure compliance with this obligation.
8. The Parties shall ensure the security and integrity of the members of the joint investigation teams to be established in accordance with this article.

Article 9. Covert operations.

1. Parties, to the extent permitted by the fundamental law, may agree to collaborate in conducting investigations into crime by officers acting under covert or false identity.
2. The decision on the application, duration of the covert investigation, specific conditions and legal status of the officers, shall be taken in each case the competent authorities of the requested Party in compliance with the provisions of the fundamental law.
3. Covert investigations shall be conducted in accordance with the law and procedures of the Party in whose territory are made.
4. The Parties shall cooperate to ensure the preparation and supervision of the covert investigation and the adoption of security measures of the officers acting under covert or false identity.

ARTICLE 10. CRIMINAL LIABILITY IN CONNECTION WITH OFFICIALS. During the operations referred to in Articles 7, 8 and 9 of the present Protocol officials from authorities of the Party other than that in which the operation takes place, they shall be regarded as officials of the latter, as concerning infringements they may incur.

ARTICLE 11. CIVIL LIABILITY REGARDING OFFICIALS.

1. The Party in whose territory damages by members of a joint team in the development of their tasks was caused, will assume the repair thereof.
2. The Party whose officials have caused damage in the territory of the other fully restore them to the latter the amounts been paid.
CHAPTER III.

ARTICLE 12. PROTECTION OF PERSONAL DATA.

1. The personal data communicated under this Protocol may be used by the Party to which they were sent:
a) For the procedures to which this Protocol applies;
B) for other judicial and administrative proceedings directly related to the procedures to the letter referred to);
C) To prevent an immediate and serious threat to public security;
D) For any other purpose, only with prior approval of the transmitting Party, unless the other party has obtained the consent of the person concerned.
2. This Article shall also apply to personal data not communicated but have been otherwise obtained under this Protocol.
3. Depending on the circumstances of each particular case, the transmitting Party may require the other Party that transmitted the personal data, to provide information on the use that is made of them.
4. In cases that have been imposed conditions on the use of personal data, such conditions prevail.
5. This article does not apply to personal data obtained by a Party under this Convention and originating from that Party.
CHAPTER IV.

ITEM 13. MECHANISMS TO FACILITATE JUDICIAL COOPERATION IN CRIMINAL MATTERS. The Parties shall further cooperate through the following ways:
1. Legal and scientific exchange experiences in criminal investigation, terrorism, drug trafficking, trafficking of chemical inputs, money laundering and money laundering, organized crime and related offenses.
2. Exchange of publications related to amendments to their judicial systems and new legal criteria in the areas covered by this instrument.
3. Organizing academic seminars with participation of prosecutors, judges, magistrates and other servants of the entities responsible for the investigation and prosecution of criminal conduct.
4. Cooperation programs for victim assistance.
To carry out the activities and meetings planned in this Protocol, the central authorities will agree on the methodology to be used in each, as well as the duration thereof and the number of participants. CHAPTER V.


ARTICLE 14. ENTRY INTO FORCE AND DURATION.
1. This Protocol shall enter into force on the first day of the second month after the exchange of the instruments of ratification.

2. This Protocol shall remain in force as long as the Convention on Judicial Cooperation in Criminal Matters between the Republic of Colombia and the Kingdom of Spain, 29 May 1997. 3
. This Protocol may be terminated by either party at any time, independently of the Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Kingdom of Spain on May 29, 1997, by diplomatic note, which shall take effect six months after the date of receipt by the other Party. The denunciation shall not affect ongoing requests for assistance.
Signed in Madrid, on 12 July two thousand and five in duplicate in the Spanish language, both being equally valid and authentic.
For the Republic of Colombia, Luis Camilo Osorio
,
Attorney General.
For the Kingdom of Spain, Juan Fernando Lopez Aguilar
,
Minister of Justice.
Power Executive Branch Public

Presidency of the Republic Bogotá, DC, November 18, 2005. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Minister of Foreign Affairs,
(Sgd.) Carolina Barco Isakson. DECREES
:

ARTICLE 1o. Approval of the "Additional Protocol to the Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Kingdom of Spain, of 29 May 1997", signed in Madrid, twelve (12) July two thousand and five (2005) .
Article 2.
. In accordance with Article 1 of the Law 7 of 1944, the "additional to the Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Kingdom of Spain, of 29 May 1997 Protocol" signed in Madrid, twelve (12) July two thousand and five (2005), by Article 1 of this law is passed, it will force the country from the date the international link is perfect therefrom.

ARTICLE 3. This law applies from the date of publication.
Given in Bogotá, DC, honorable ... Presented to Congress by the Minister of Foreign Affairs and the Minister of Interior and Justice.
The Minister of Foreign Affairs, Carolina Barco Isakson
.
The Minister of Interior and Justice,
Sabas Pretelt de la Vega. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, November 18, 2005. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Minister of Foreign Affairs,
(Sgd.) Carolina Barco Isakson.

ARTICLE 1o. Approval of the "Additional Protocol to the Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Kingdom of Spain, of 29 May 1997", signed in Madrid, twelve (12) July two thousand and five (2005) .
Article 2.
. In accordance with Article 1 of the Law 7 of 1944, the "additional to the Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Kingdom of Spain, of 29 May 1997 Protocol" signed in Madrid, twelve (12) July two thousand and five (2005), by Article 1 of this law is passed, it will force the country from the date the international link is perfect therefrom.

ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate, Nancy Patricia Gutiérrez Castañeda
.
The Secretary General of the Senate, Ramon Emilio Otero
Dajud.
The President of the honorable Chamber of Representatives,
Oscar Arboleda Palacio.
The Secretary General of the honorable House of Representatives, Angelino Lizcano Rivera
.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on December 31, 2007.

The Alvaro Uribe Minister of Interior and Justice Carlos Holguín Sardi
.
The Minister of Foreign Affairs Fernando Araújo Perdomo
.

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