ACT 1394 2010
Official Gazette No. 47768 of July 12, 2010
CONGRESS OF THE REPUBLIC
For which a Judicial Tariff is regulated. Summary
Term Notes Effective Jurisprudence
THE CONGRESS OF THE REPUBLIC OF COLOMBIA DECREES
ARTICLE 1o. LEGAL NATURE. The Judicial Tariff is a parafiscal contribution to cover operating costs and investment administration of justice. Effective Jurisprudence
The resources collected during the Judicial Tariff will be administered by the Fund for Modernization, Strengthening and Welfare Administration of Justice.
PARÁGRAFO. The annual budget allocation that assigns the National Government for justice shall not be liable in any circumstances for budget cuts under the pretext of the existence of resources collected by way of tariff.
. BOUND ACTIVE. The Judicial Tariff cause for the Superior Council of the Judiciary, Executive Director of Judicial Administration, towards the Modernization Fund, decongestion and Welfare Administration of Justice.
ARTICLE 3. TAXABLE EVENT. The Judicial Tariff is generated in all processes civil, commercial and administrative litigation executives when the amount of the claims has been estimated at an equal or higher number two hundred (200) minimum monthly wages and in the following cases:
A) For the fulfillment of the agreement by the parties to a transaction or conciliation ends in advance an executive process.
B) Effective Notes
C) compliance with obligations claimed in an executive process of any kind. PARAGRAPH 1.
. The amount of the claim shall be calculated in accordance with the rules laid down in Article 20 of the Code of Civil Procedure. The value of the minimum wage will be in force for the time of filing of the application.
ARTICLE 4. EXCEPTIONS. You can not be charged import duty on procedures labor criminal, labor, contentious, family, juvenile, declaratory, or conflicts of social security, nor proceed in trials of constitutional control or from the exercise of guardianship and other constitutional actions. Nor
fees may be charged people Sisbén levels 1 and 2, a condition that will be credited with the corresponding identification. In all cases in which the plaintiff can not prove this, it will be subject under recognized poverty in the Code of Civil Procedure and will be decided by the judge.
Nor you may be charged the fee covered by this law to Collector Public Assets - CISA, when this starts to intervene in judicial proceedings. Effective Notes
The 5th ITEM. PASSIVE SUBJECT. The Judicial Tariff is in charge of the initial applicant or applicant's counterclaim benefited from convictions or payments, or its assignees to universal or singular title. Effective Jurisprudence
ARTICLE 6o. TAXABLE BASE. The Judicial Tariff shall be calculated on the following values:
a) Convictions sum of money. Of the total amount actually collected by the applicant. In processes where executives attend precautionary measures on goods to top it off, it will be taken as tax base once made the auction the value set as full or partial payment for the plaintiff.
B) Convictions obligations to give and do. The total amount payable as a result of the settlement made by the court.
C) Transaction or conciliation. The value of payments, or the estimate of the goods or services that have been determined by the parties to the settlement agreement or court settlement to end the executive process.
PARÁGRAFO. For affections of liquidation additions, clarifications or corrections made pursuant to the provisions of Articles 309 to 311 of the Code of Civil Procedure shall be taken into account.
ARTICLE 7. RATE. The court fee tariff is two percent (2%) of the taxable base.
In cases of early termination of executive processes, the rate will be one percent (1%) of the taxable base.
In case of partial payment, the fee is settled separately for each of them, regardless of the amount.
Article 8. SETTLEMENT. The Judicial Tariff be settled by the judge, based on the convictions and pursuant to this law. In any case, the applicant must readjust the payment of tariff on the date on which the final payment is made.
When the tariff is caused as a result of the early termination of executive processes, settlement will be in the car that supports the transaction or conciliation.
Article 9. RETENTION AND PAYMENT. Any sum to be paid for tariff judicial deposit must be made by the respective orders in the Agricultural Bank Office, indicating the number of process.
Received the corresponding title of judicial deposit, the Office will have his endorsement and delivery for the Superior Council of the Judiciary.
Once executed the sentence, the tariff value paid and satisfied the applicant's interest in the processes obligations to do or give, you must enter in the Banco Agrario, the corresponding value.
ARTICLE 10. SENDING COPIES. Once executed providence imposed tariff payment, authentic copy of it to the Superior Council of the Judiciary, Executive Director of the Judicial Administration should consider.
All executory ruling imposing tariff payment paid enforceable.
disciplinary offense. All processes must be treated equally in terms of processing and momentum. Is very serious disciplinary offense the judge to delay without justification, the processing of processes that do not cause tariff.
ARTICLE 12. DESTINATION, CURRENCY AND REVENUES. Destínense resources collected by way of Judicial Tariff covered by this law to decongest judicial offices in the country. The Superior Council of the Judiciary shall have power to administer, manage and collect the same, without prejudice to the administration and management are carried through the financial system.
PARÁGRAFO. Indigenous peoples shall designate a representative who has access to information and decision destination, administration, collection of the Judicial Tariff in order to establish up to ten percent (10%) for the indigenous jurisdiction. Effective Jurisprudence
ARTICLE 13. MONITORING. Within the first three months of each year, the Superior Council of the Judiciary shall submit a report to Congress, the Ministry of Interior and Justice, the Ministry of Finance, the Supreme Court and the State Council , about the amounts collected with the tariff, its destination and employment programs decongestion of the administration of justice, and implementation of orality in judicial proceedings, subject to control functions corresponding to the General Comptroller of the Nation.
transitional regime. The Judicial Tariff covered by this law will be generated from its effect.
ARTICLE 15. EFFECTIVE. This law governs from its promulgation.
The President of the honorable Senate,
JAVIER ENRIQUE CACERES LEAL.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives,
Edgar Alfonzo Gomez Roman.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá DC, 12 days of July 2010.
Alvaro Uribe Minister of Interior and Justice, Fabio Valencia Cossio
The Minister of Finance and Public Credit, Óscar Iván Zuluaga