1394 OF 2010

(July 12)

Official Journal No. 47.768 of 12 July 2010

CONGRESS OF THE REPUBLIC

1653 of 2013, whose article 14 had repealed this law >

By which a Judicial Arancel is regulated.

THE CONGRESS OF THE REPUBLIC OF COLOMBIA

DECRETA:

ARTICLE 1o. LEGAL NATURE. The Judicial Arancel is a parafiscal contribution intended to cover operating and investment expenses of the administration of justice.

The resources raised on the occasion of the Judicial Arancel will be administered by the Fund for Modernization, Strengthening and Welfare of the Administration of Justice.

PARAGRAFO. The budget item assigned annually by the National Government for Justice will not be subject, in any case, to budget cuts, under the pretext of the existence of the resources collected by the -tariff.

ARTICLE 2o. ACTIVE ETO. The Judicial Arancel is caused in favor of the Superior Council of the Judicature, Executive Management of Judicial Administration, to the Fund for Modernization, Discongestion and Welfare of the Administration of Justice.

ARTICLE 3o. OPERATIVE EVENT. The Judicial Arancel is generated in all civil, commercial and litigation executive processes when the amount of the claims has been estimated at a figure equal to or greater than two hundred (200) minimum wages monthly legal and in the following cases:

a) For compliance with what has been agreed upon by the parties in a transaction or reconciliation that terminates in advance an executive process.

b) 118 of Law 1563 of 2012. It goes into effect from October 12, 2012 >

c) For the fulfilment of obligations claimed in an executive process of any nature.

PARAGRAFO 1o. The amount of the claims will be calculated according to the rules set out in Article 20 of the Civil Procedure Code. The value of the legal minimum wage shall be that in force for the time of filing the claim.

ARTICLE 4. EXCEPTIONS. No tariff may be charged on procedures of a criminal, labor, labor, family, minor, declarative, or social security, as well as the control trials. constitutional or derivative of the exercise of guardianship and other constitutional actions.

No tariffs can be charged on people at the levels of Sisben 1 and 2, a condition that will be credited with the respective meat. In all cases in which the claimant is unable to prove this, he shall be subject to the poverty protection recognised in the Code of Civil Procedure and shall be decided by the judge.

239 of Law 1450 of 2011. The new text is as follows: > The duty of the present law to the Colector of Public Assets-CISA may not be charged when the latter intervenes as a holder in legal proceedings.

ARTICLE 5o. TAXABLE PERSON. The Judicial Arancel is in charge of the initial plaintiff or the plaintiff in counterclaim to the convictions or payments, or their successors in title either universal or singular.

ARTICLE 6o. GRATABLE BASIS. The Judicial Arancel will be calculated on the following values:

a) Convictions for sum of money. Of the total value actually collected by the complainant. In the executive processes where precautionary measures on goods are to be carried out, it shall be taken as a taxable basis once the value established as a total or partial payment in favour of the claimant is exceeded.

b) Convictions for obligations to give and to do. Of the total value to be paid as a result of the settlement worked out by the court.

c) Transaction or reconciliation. Of the value of the payments, or of the estimate of the goods or benefits that have been determined by the parties to the settlement agreement or judicial reconciliation that terminates the executive process.

PARAGRAFO. For settlement affections, any additions, clarifications, or corrections that are made as set out in 309 to be taken into account will be taken into account. 311 of the Civil Procedure Code.

ARTICLE 7o. RATE. The rate of the judicial tariff is two percent (2%) of the tax base.

In cases of early termination of executive processes, the fee will be one percent (1%) of the taxable base.

118 of Law 1563 of 2012. It goes into effect from October 12, 2012 >

In case of partial payments, the fee will be settled separately for each of them, regardless of their amount.

ARTICLE 8o. LIQUIDATION. The Judicial Arancel will be settled by the judge, based on the convictions imposed and pursuant to this law. In any event, the claimant party shall readjust the tariff payment to the date on which the final payment is made.

When the tariff is caused as a result of the early termination of the executive processes, the settlement will be made in the car that supports the transaction or the reconciliation.

ARTICLE 9o. RETENTION AND PAYMENT. Any amount to be paid by way of a tariff, must be made by judicial deposit at the orders of the respective Office in the Agrarian Bank, with an indication of the process number.

Received the corresponding title of judicial deposit, the Office will have its endorsement and sent in favor of the Superior Council of the Judicature.

Once the judgment has been executed, the value of the tariff and the interest of the plaintiff in the processes for the obligations to be made or given must be recorded in the Agrarian Bank, the corresponding value.

ARTICLE 10. REFERRAL OF COPIES. Once the providence that imposes a tariff payment has been executed, it will be forwarded to the Superior Council of the Judiciary, the Executive Director of the Judicial Administration.

All executed providence that imposes tariff payment will be executive merit.

ARTICLE 11. DISCIPLINARY MISCONDUCT. All processes must receive equal treatment in terms of their processing and impulse. It is the judge's very serious lack of discipline to delay, without justification, the processing of the processes in which no tariff is caused.

ARTICLE 12. DESTINATION, VALIDITY AND COLLECTION. Destinations the resources collected by the Judicial Arancel of the present law for the decongestion of the country's judicial offices. The High Council of the Judiciary will have the power to administer, manage and collect the same, without prejudice to the management and management of the Board through the financial system.

PARAGRAFO. The indigenous peoples will designate a representative who has access to information and decision of destination, administration, raised of the Judicial Arancel to establish up to ten percent (10%) for the indigenous jurisdiction.

ARTICLE 13. Follow up. Within the first three months of each year, the Superior Council of the Judiciary must report to the Congress of the Republic, the Ministry of Interior and Justice, the Ministry of Finance, the Supreme Court of Justice and the Council of State, about the sums collected with the tariff, its fate and the use in programs of decongestion of the administration of justice, and the implementation of the orality in the judicial procedures, without prejudice to the functions of control that corresponds to the Comptroller General of the Nation.

ARTICLE 14. TRANSITION REGIME. The Judicial Arancel of which this law is addressed shall be generated from its validity.

ARTICLE 15. VALIDITY. This law governs from its enactment.

The President of the honorable Senate of the Republic,

JAVIER ENRIQUE CÁCERES LEAL.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

EDGAR ALFONSO GOMEZ ROMAN.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogota D.C., 12 days from July 2010.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

FABIO VALENCIA COSSIO.

The Minister of Finance and Public Credit,

OSCAR IVAN ZULUAGA ESCOBAR.