1421 OF 2010

(December 21)

Official Journal No. 47.930 of 21 December 2010

CONGRESS OF THE REPUBLIC

By means of which the 1997 Act 418 , extended and amended by Laws 548 of 1999, 782 of 2002 and 1106 from 2006.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OF THE EXTENSION OF THE LAW. Prorroguese for the term of four (4) years, the validity of the articles: 1or, 2or, 3or, 4or, 5or, 6or, 13, 20, 22, 23, 24, 25, 26, 27, 28, 30, 31, 34, 35, 37, 42, 43, 44, 45 , 47, 49, 54, 55, 58, 59, 61, 62, 63, 64, 66, 68, 69, 72, 74, 75, 76, 77, 78, 79, 80, 83, 91, 92, 93, 94, 95, 98, 102, 103, 106, 107, 108, 109, 110, 112, 113, 114, 115, 117, 118, 121, 123, 124, 125, 126, 127, 128, 129 , and 130 of Law 418 December 26, 1997, and modified by the 2002 Laws 548 and 782 . Proroguese similarly, the items: 2or, 3or, 4or, 5or, 6or, 7or, 9or, 10, 11, 12, 15, 16, 17, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 39, 40, 41, 42, 43 , and 46 of Law 782 of 2002 and items 2or, 3or, 4or, 5or 6or Act 1106 of 2006.

ARTICLE 2o. Article 2or Law 1106 of 2006, which replaced Articles 13 of Law 782 of 2002 and 32 of Law 418 of 1997, will remain so:

Of insurance policies for land or river transport. The financial institution of an official nature to be determined by the National Government, shall review the loans granted by the various credit institutions to finance the replacement or repair of vehicles (land or river), machinery, equipment, equipment, furniture and equipment, working capital of natural or legal persons, whether or not they have the quality of traders, and the repair or reconstruction of buildings for commercial premises, in the case of victims of the acts referred to in Article 6or of the Law 782 of 2002 or in cases where the alteration of the public order warrants it.

All of these furniture, in real estate, must be affected in the case of victims of the acts referred to in Article 6or of Law 782 of 2002 or in cases where the alteration of the public order amerite.

Likewise, in the development of the principle of solidarity, the financial institution of an official nature to be determined by the National Government, shall directly grant the victims of the acts referred to in Article 6or of this law, loans to finance the reconstruction or repair of affected buildings.

PARAGRAFO. However, the existence of lines of credit for replacement or repair of vehicles, the National Government will maintain the insurance of protection of urban and inter-municipal public transport vehicles or river in order to secure them against the acts referred to in Article 6or Law 782 of 2002 or in cases where the alteration of the public order warrants it, cases in which the affected person will not be able to access the two benefits.

ARTICLE 3o. Article 8or Law 418 of 1997 will remain so:

Article 8or of Law 418 of 1997 will be as follows:

Article 8or. The representatives expressly authorized by the National Government, in order to promote reconciliation among Colombians, peaceful coexistence and peace, will be able to:

-- Conduct actions to promote rapprochement and advance dialogues with armed groups organized outside the law;

-- To bring forward dialogues, negotiations, and to sign agreements with the spokespersons or members of the armed groups organized outside the law, aimed at: obtaining solutions to the armed conflict, achieving the effective implementation of the law international humanitarian law, respect for human rights, the cessation of hostilities or their reduction, the return to civilian life of these groups, or their submission to the law, and framed in the will to create conditions that will for a just political, social and economic order.

The agreements and their content will be those that are necessary in the government's view to advance the peace process and their compliance will be verified by the national or international bodies that for the purpose and by common accord will appoint the parts.

These agreements must guarantee the normal and full functioning of the civilian institutions in the region where the armed group exercises influence over the law that underwrites them.

PARAGRAFO 1o. In accordance with International Humanitarian Law standards, and for the purposes of this law, it is understood by armed group organized outside the law, who under the direction of a command responsible, exercises over a part of the territory such a control as to enable it to carry out sustained and concerted military operations.

In no case may special location orders be established for the Public Force for the specific creation of zones of location or clearance of any part of the national territory.

PARAGRAFO 2o. Once a process of dialogue, negotiation or signing of agreements is initiated, and in order to facilitate the development of the agreements, the corresponding judicial authorities will suspend the arrest warrants representatives of the armed organizations have been or are being handed over to the members of the armed organizations outside the law, with whom they are brought forward in talks, negotiations or peace agreements.

To this end, the National Government shall notify the authorities of the initiation, termination or suspension of dialogues, negotiations or signing of agreements and shall certify the participation of persons acting as spokespersons or members. representatives of these armed groups organized outside the law. The parties shall agree on mechanisms for the joint verification of agreements, dialogues or approaches, and if appropriate, they may use national or international institutions or persons to carry out such verification.

Likewise, the arrest warrants will be suspended that will be issued against the spokespersons after the beginning of the talks, negotiations, or the signing of agreements, for the term that they will last.

The security and integrity of all those involved in the peace processes, dialogues, negotiations, and agreements that this law deals with will be guaranteed.

PARAGRAFO 3o. It is understood by member-representative, the person that the armed group organized outside the law designates as his representative to participate in the dialogues, negotiation or subscription of agreements with the National Government or its delegates.

The person of civil society is understood as a spokesperson who, without belonging to the armed group organized outside the law, but with the express consent of the latter, participates in his name in the peace processes, dialogues, negotiations and agreements. He shall not be admitted as a spokesman, the person against whom he or she pres, prior to the commencement of these, a resolution of accusation.

PARAGRAFO 4o. The National Peace Council, which deals with Law 434 1998, will serve as an advisory body to the National Government on all issues of peace policy. Law.

ARTICLE 4o. Article 7or of Law 418, will be as follows:

7or. The boards of the Senate and Chamber First Committees will form a committee in which all the parties and political movements represented in the respective Commissions will have seats, charged with monitoring the the application of this law, to receive the complaints that are raised on the occasion of the law and to review the reports that are requested from the National Government.

The Government must submit reports within the first ten (10) days of each legislative period to the committees concerned with this article, referring to the use of the privileges conferred upon it by this law, as well as on measures aimed at improving the economic conditions of the marginalized areas and groups of the Colombian population.

The reports submitted to the commissions shall show, in an articulated manner, the performance of the general and specific purposes contained in this law.

ARTICLE 5o. Article 14 of Law 418 of 1997, will remain so:

Article 14. In addition to the criminal penalties provided for in Article 162 of the Criminal Code for those convicted of illicit recruitment of minors, they may not be creditors of the legal benefits covered by this law.

ARTICLE 6o. Article 119 of Law 418 of 1997, will remain so:

By virtue of this law, in all departments and municipalities of the country, the Security and Citizen Coexistence Funds will have to operate on a "fund account" basis. The resources will be distributed according to the regional needs of security and coexistence, in accordance with the comprehensive security plans, in matters of endowment, strength, prevention activities, protection and all those to facilitate local governance. These activities shall be administered by the governor or the mayor, as the case may be, or by the Secretary of the Office in whom this responsibility is delegated, in accordance with the decisions taken by the local public order committee. The security and public order activities financed by these funds will be exclusively carried out by the Public Force and the State security agencies; those that correspond to the needs of citizen coexistence and public order will be met by the governors or mayors.

SINGLE PARAGRAPH. The National Government, within three (3) months of the term of this law, shall regulate this article.

Monitoring and reporting of resources and investments made with territorial accounts. The Ministry of Justice and Home Affairs will design and operate a system that will enable it to monitor the investments that the local authorities make with the resources of the territorial accounts. Such a system should make it possible to know the resources that each national security account has annually, both in the departmental and local orders. In the same way, it should allow to know the projects and activities that are financed with these funds.

ARTICLE 7o. Article 122 of Law 418 of 1997, extended by Law 548 of 1999 and amended by Law 782 , 2002, will be:

Article 122. Create the National Fund for Citizen Security and Coexistence, which will function as a special account, without legal status, administered by the Ministry of the Interior, as a separate system of account and will be aimed at guaranteeing security, citizen coexistence and all those actions aimed at strengthening local governance and territorial strengthening.

The resources that the Nation collects for the special contribution enshrined in Article 6or Law 1106 of 2006, must be invested by the National Fund for Citizen Security and Coexistence, in the (i) the implementation of expenditure aimed at promoting security, and the coexistence of citizens, in order to guarantee the preservation of public order.

The resources to be collected by the territorial entities for this same concept must be invested by the Territorial Account Fund, in endowment, war material, reconstruction of barracks and other facilities, purchase of communication equipment, purchase of land, assembly and operation of intelligence networks, rewards to persons who collaborate with the justice and security of the same; personal services, endowment and rations, new agents and soldiers, while the next one starts (a) the implementation of expenditure on the development of a security and security environment; Citizens ' coexistence, to guarantee the preservation of public order.

The administration of the National Fund for Citizen Security and Coexistence will be in charge of the Ministry of Interior and Justice.

ARTICLE 8o. VOLUNTARY CONTRIBUTIONS TO THE TERRITORIAL ACCOUNTS. The departments and municipalities will be able to provide own resources or receive donations from individuals to promote and guarantee the security and coexistence of citizens, when this is the case. provided for in the budget of the department or municipality.

Departments and municipalities will be able to impose special rates or surcharges to fund the territorial security accounts to promote citizen security.

PARAGRAFO. The territorial committees of public order will approve and carry out the monitoring of the destination of the resources that are received by way of contributions of individuals for specific projects and programs Security and citizen coexistence, as well as the special items to be allocated to these governors and mayors.

The mayors and governors must submit annual reports to the Ministry of the Interior and Justice with the budgetary implementation of the respective territorial security accounts.

The second paragraph of this Article shall not be subject to the validity of the extension established by this law, but shall retain a permanent character.

ARTICLE 9o. HUMANITARIAN DEMINING ACTIVITIES BY CIVIL ORGANIZATIONS. For the purpose of ensuring the effective enjoyment of the fundamental rights and freedoms of communities affected by armed violence in Colombia, the National Government, through the Ministry of National Defense, will adopt the necessary measures on the basis of international standards and humanitarian principles to regulate humanitarian demining activities so that it can be carried out by organizations Civilians.

The National Inter-Sectoral Commission for Action against Anti-Personnel Mines, within the specific nature of its activity, will endorse the civil organizations that are certified to carry out humanitarian demining activities in the country. national territory.

PARAGRAFO. The legal exceptions granted to the Ministry of National Defense in Law 759 of 2002 will be extended to the civil organizations that contribute to the work of demining. humanitarian development in the exclusive development of the transfer of antipersonnel mines in compliance with destruction plans and exclusively for this purpose.

ARTICLE 10. Article 4or Law 418 of 1997, will be as follows:

Article 4or. The authorities will ensure that individuals resolve their differences in a democratic and peaceful manner, will facilitate the participation of all in the decisions that affect them and will have to resolve in a prompt manner the requests that the citizens present them to the satisfaction of their needs and the prevention and treatment of disturbances to safety, tranquility, healthiness and the environment.

ARTICLE 11. Article 50 of Law 418 of 1997, extended by Article 1or Law 548 of 1999, as amended by the article 19 of Law 782 of 2002, extended by Article 1or Act 1106 of 2006, shall remain as follows:

Article 50. The National Government may grant, in each particular case, the benefit of the pardon to nationals who have been convicted by executed judgment, by facts establishing a political crime, when, in his opinion, the armed group organized outside the law with which a peace process is carried out, of which the applicant is a party, has demonstrated its willingness to reintegrate into civilian life.

It may also grant such benefit to nationals who, individually and by voluntary decision, abandon their activities as members of the armed groups organized outside the law and so request, and have also demonstrated, to National Government's view, its willingness to reintegrate into civilian life.

The legal benefits provided for in this title and the socio-economic ones that the National Government will establish in the framework of the reintegration process will not be applied to those who have committed crimes of genocide, kidnapping, humanity, war crimes or those classified in Title II of Book II, the Single Chapter of the Penal Code, in accordance with international treaties and conventions ratified by the Colombian State. These persons may benefit from the transitional regime enshrined in Law 975 of 2005 and other supplementary rules or go to the ordinary jurisdiction to receive the ordinary legal benefits by confession. and collaboration with justice.

PARAGRAFO 1o. The pardon will not be granted for facts in respect of which, this benefit has previously been denied, unless the interested party provides new means of proof to modify the circumstances that The decision was founded.

PARAGRAFO 2o. In the case of children and adolescents linked to the armed groups organized outside the law, the judicial authorities shall send the documentation to the Operational Committee for the Dejation of the Weapons (CODA), which will decide on the issue of the certification referred to by Decree 128 of 2003 or the one that does its times.

PARAGRAFO 3o. The National Government, through its various agencies, will create the necessary mechanisms to guarantee the life and integrity of the people who receive the benefits referred to in this title.

For these purposes, you will order the subscription of life insurance policies and design employment and residential relocation plans, which will be applied in the interior of the country and, where necessary, adopt the measures set out in Title I of the second part of this law.

By way of exception, the National Government, to the subjects referred to in the previous incissos, at the request of the armed group organized outside the law that intends to demobilize, or demobilized, will collaborate, without prejudice to the other guarantees resulting from the negotiation process, in order to facilitate the obtaining of the right of asylum in countries that can guarantee their security.

Those who are assigned criminal responsibility for crimes committed after demobilization, carried out in accordance with this law or previous laws, will lose the benefits that are given in this law.

Likewise, members of armed groups organized outside the law who are being held, or who in the execution of the sentence, especially in custodial sentences, will incur a crime will be excluded from the benefits provided for in the law. the present law.

ARTICLE 12. Article 53 of Law 418 of 1997, extended by Article 1or Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 53. The quality of the member of an armed group organized outside the law will be checked for the express recognition of the spokespersons or representatives of the armed group. evidence provided by the applicant, or by information provided by the State institutions.

PARAGRAFO. When it is a person who has voluntarily abandoned an armed group organized outside the law, and is present to the civil, judicial or military authorities, the competent authority will send In the case of a third party, the Office of the European Parliament, the Council of the European Parliament, the Council of the European Parliament, the Council of the European Union, the European Parliament and the Council of the European Parliament and of the Council of the European Parliament Decree 128 of 2003, amended and added by Decree 395 of 2007, or the one that does its times.

The decision taken by the Operational Committee for the Dejation of Arms should also be sent to the Office of the President for the Social, Economic Reintegration of Persons and Armed Groups Organized to the Margin of the Law, to the The competent judicial authority shall decide on the benefits referred to in this Title in respect of the benefits referred to therein.

ARTICLE 13. Article 55 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 55. As soon as this law is in force, the judicial authorities must report semi-annually to the Ministry of the Interior and Justice, each of the processes to be followed against persons duly identified by facts constituting political crimes and those related to them.

ARTICLE 14. Article 57 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 57. The benefit of the pardon will be requested by the person concerned, directly or through proxy, by writing to the Ministry of the Interior and Justice and will also contain the indication of the judicial office that the file, if known to the person concerned, or to the judicial authority which is aware of the criminal proceedings, who shall immediately forward the request to the Ministry for the purposes indicated, annexed in such a case copy of the pieces (a)

The powers conferred do not require personal presentation. Their replacement, as well as the presentation of any other memorial, will be made in accordance with the common rules of procedure.

The application will contain, in addition to the request for the benefit, the express and direct manifestation of the will to reintegrate into the civil life, which will be understood to be borrowed under the gravity of the oath.

It will also contain the indication of the judicial office where the file is located, if known to the person concerned.

ARTICLE 15. Article 58 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, carried over by article 1or, of Law 1106 of 2006, will remain so:

Article 58. The request for the pardon benefit, will be resolved within three (3) months of the receipt of the case.

The pardon will be granted by executive order signed by the President of the Republic and the Minister of the Interior and Justice. A copy of it will be sent to the judicial officer in charge of the corresponding process.

Against that resolution comes the replacement resource, in the opportunity and with the requirements that the Administrative Contentious Code points out.

ARTICLE 16. Article 59 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 59. Those who are deprived of the liberty at the time of granting the pardon, will be released once the resolution is produced.

The process of the pardon will be substantiated with precedence for which any matter of a different nature will be postponed, except for the habeas corpus and the guardianship.

ARTICLE 17. Article 60 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 60. It may also be granted, as appropriate in accordance with the state of the respective criminal proceedings, the cessation of the procedure, the decision to precluding the instruction or the inhibitory decision when the action is carried out in accordance with the the procedure laid down in Law 600 of 2000, or precluding by the judge of knowledge in the terms of Law 906 of 2004, to those who confess and have been or were denounced or processed by facts constituting the offences referred to in this Title, according to the stage processes, and have not yet been condemned by executed judgment.

Issued the corresponding certification by the Operating Committee for the Dejation of Arms, CODA, or the accreditation of the Decree 3360 of 2003, must be sent by the competent authority to the Chief Prosecutor who will proceed with the procedure The Court of First Instance, which is to request the Judge of Knowledge, to decide on the precluding of the investigation, regardless of the state of the proceedings or to be inhibited if the demobilized is investigated only for political and related crimes.

If the person is deprived of liberty, the authorities must give preferential treatment to the applications for legal benefits, and in the decision in which the legal benefit is granted, the measure of insurance, the immediate freedom of the beneficiary be available, the arrest warrants should be cancelled and ordered to be officiated by the competent bodies.

ARTICLE 18. Article 61 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 61. The processes that heal the persons to whom the provisions of this chapter apply, shall be suspended from the date on which the file is requested the competent judicial authority, pending the decision on the application.

The application shall be broken down in respect of the other persons involved or other facts not liable to the benefit.

ARTICLE 19. Article 62 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 62. Persons who are granted the pardon or in respect of which the legal benefit is decreed, in the development of these provisions, may not be processed or judged by the same facts that gave rise to their grant without prejudice to the provisions of Articles 63 and 64 of this Law.

ARTICLE 20. Article 63 of Law 418 of 1997, extended by article 1or, of Law 548 of 1999, as amended by the article 21 of Law 782 of 2002, extended by article 1or, of Law 1106 of 2006, will remain so:

Article 63. Pardon, procedural cessation, precluding, or inhibitory resolution shall have no effect, if the payee committed any wrongdoing. within the term that lasts its reintegration process. This condition shall be made known in the act containing the relevant decision.

El Nacional] In the case of the pardon, the National Government will proceed to revoke the resolution that has granted it. A copy of the same shall be sent to the judicial officer who has met the process in the first or only instance, in order to proceed with its execution.

In the case of the cessation of the procedure, the preclusion of the instruction and the inhibitory resolution, the judicial officer will revoke the providence and will open the process when it comes to the processing of the Law 600 from 2000. When the beneficiary has been convicted under the framework of Law 906 of 2004, a request for a recall must be filed with the judge of knowledge.

The judicial authority that knows of a new process against the favored persons will immediately inform the Ministry of the Interior and Justice and the Operational Committee for the Dejation of the CODA Weapons.

ARTICLE 21. Article 64 of Law 418 of 1997, extended by Article 1or, of Law 548 of 1999, as amended by Article 21 of Law 782 of 2002, extended by Article 1or Law 1106 of 2006, shall be as follows:

Article 64. The benefits that are enshrined in this title do not include the responsibility that the favored have for individuals.

In the event that such benefits are granted, civil action may be attempted after the ordinary civil jurisdiction.

ARTICLE 22. Article 65. People who are demobilize under agreements with groups outside the law, with whom the government National has advanced a peace process, or on an individual basis, will be able to benefit to the extent that its legal status permits, of the socioeconomic reintegration programs that the National Government establishes for the effect.

ARTICLE 23. " OF THE VALIDITY OF THE LAW. This law is valid for four (4) years from the date of its enactment and repeals any provisions that are contrary to it.

The President of the honorable Senate of the Republic,

ARMANDO BENEDETTI VILLANEDA.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

CARLOS ALBERTO ZULUAGA DIAZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., at 21 December 2010.

JUAN MANUEL SANTOS CALDERÓN

The Minister of the Interior and Justice,

GERMAN VARGAS LLERAS.

The Minister of National Defense,

RODRIGO RIVERA SALAZAR.