Key Benefits:
LAW 1453 OF 2011
(June 24)
Official Journal No. 48.110 of 24 June 2011
CONGRESS OF THE REPUBLIC
By means of which the Penal Code, the Code of Criminal Procedure, the Code of Childhood and Adolescence, the rules on the extinction of the domain are reformed and other provisions on security are dictated.
COLOMBIA CONGRESS
DECRETA:
CRIMINAL MEASURES TO GUARANTEE CITIZEN SECURITY.
ARTICLE 1o. SURVEILLANCE OF HOME DETENTION. Article 38 2) of Law 599 of 2000 will thus be:
The control over this replacement measure will be exercised by the judicial authority that knows about the matter or will monitor the execution of the sentence, with support from the National Penitentiary and Prison Institute, a body that will adopt surveillance mechanisms. electronic or periodic visits to the residence of the penado, according to their legal competence, among others, and that they will be indicated by the judicial authority, to verify the fulfillment of the penalty, of which it will inform the respective judicial office.
ARTICLE 2o. HOME PRISON INFORMATION SYSTEM. Article 38 of Law 599 of 2000 will have a paragraph, which will remain so:
PARAGRAFO. The National Penitentiary and Prison Institute will provide the information of the persons covered by this measure to the National Police, by means of a unique system of information according to the parameters that for this purpose establish the Ministry of the Interior and Justice in coordination with these entities, within six (6) months of the issuance of this law.
ARTICLE 3o. ELECTRONIC SURVEILLANCE. Article 38A of Law 599 of 2000 will remain so:
Article 38A. Electronic surveillance systems as a replacement for the prison. The Judge of Enforcement of Penas 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 on the sentence does not exceed eight (8) years in prison.
2. That the penalty imposed is not for crimes of genocide, against International Humanitarian Law, enforced disappearance, extortion kidnapping, torture, forced displacement, trafficking of minors, use of minors for the commission of crimes, trafficking of migrants, trafficking in persons, crimes against freedom, sexual integrity and training, extortion, concert for aggravated crime, laundering of assets, terrorism, usurpation and abuse of public functions for terrorist purposes, financing of terrorism and organized crime, administration of resources with terrorist activities and organized crime, financing of terrorism and the administration of resources related to terrorist activities, crimes related to the trafficking of drugs, manufacturing, trafficking and weapons and ammunition for the private use of the armed forces and the manufacture, trafficking and carrying of firearms, ammunition or explosives and crimes against public administration, except for crimes.
3. That the person has not been convicted of intentional or intentional crime within five (5) years.
4. That the personal, labor, family or social performance of the sentenced person allows the Judge to deduce serious, founded and motivated that he will not endanger the community and that he will not evade the fulfillment of the penalty.
5. The payment of the fine shall be made or secured by means of personal security, payment, bank or by agreement, except where it is shown that it is in a material inability to do so taking into account its economic resources and family obligations.
6. That the damages caused by the offence be repaired within the term to be fixed by the Judge or be secured by personal guarantee, payment, bank or by agreement, except where it is shown that it is in a material inability to do so taking into account their economic resources and family obligations.
7. 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) To appear to be in charge of the enforcement of the execution of the sentence when it is required for this.
The failure to comply with the obligations imposed in the act of commitment will result in the replacement of the replacement measure by the Judge with the execution of penalties and security measures.
8. That the sentenced person has not benefited, in an earlier opportunity, from the substitute measure for the deprivation of liberty.
PARAGRAFO 1o. The judge when ordering the replacement must take into account the person's family core and the place of residence.
PARAGRAFO 2o. The person subject to electronic surveillance may request the redemption of penalty for work or education before the Judge of execution of penalties and security measures, as indicated in the Code Penitentiary and Prison.
PARAGRAFO 3o. Those who are in pre-trial detention in prison under the regime of Law 600 in 2000 may be eligible for the surveillance systems electronic, prior to compliance with the budgets set out in article 314 of Law 906 of 2004.
PARAGRAFO 4o. The National Prison and Prison Institute will provide the information of the persons covered by this measure to the National Police, by means of the information system that is agreed between them. entities within six months of the issuance of this law.
This article will be regulated by the National Government to guarantee the appropriations for the expenditure that are required for the implementation of the aforementioned electronic surveillance system within 60 days of its sanction.
ARTICLE 4o. Law 906 will have an article 305A, which will remain so:
305A. National record of capture orders. There will be a single national registry in which all the arrest warrants for the national territory must be registered and must be available to the authorities carrying out the functions of the Judicial Police and the Prosecutor General's Office. of the Nation. The government will regulate the matter.
ARTICLE 5o. NATIONAL REGISTER OF FIREARMS-RELATED PERMITS. Add a paragraph to Article 20 Decree 2535 of 1993, "for which rules on weapons, ammunition and explosives are issued", which will be so:
PARAGRAFO. The Department of Arms Trade Control, Ammunition and Explosives of the Military Forces General Command will be responsible for the organization and administration of a registry in which all the permits provided for in this article must be registered. this article or the rules that modify or replace it, and which shall be available to the authorities carrying out the duties of the Judicial Police.
ARTICLE 6o. UNDERAGE TRAFFICKING. Law 599 of 2000 will have an article 188C, which will remain so:
Article 188C. Traffic in girls, boys , and teens. The person who intervenes in any act or transaction under which a child, child or adolescent is sold, delivered or trafficked for cash or any other remuneration to a person or group of persons, shall be in prison Thirty (30) to sixty (60) years and a fine of 1,000 (1,000) to two thousand (2,000) monthly minimum legal salaries in force. The consent given by the victim or his or her parents, or representatives or carers shall not constitute grounds for exoneration nor shall it be a circumstance of punitive mitigation of criminal liability. The penalty described in the first indent will be increased from one third to half, when:
1. When the victim is physically or physically affected, or with mental immaturity, or mental disorder, on a temporary or permanent basis.
2. The person responsible is a relative until the third degree of consanguinity, second of affinity and first civil of the child, girl or adolescent.
3. The author or participant is an official who provides health services or health care, domestic service and childcare.
4. The author or participant is a person who has as a function the protection and integral care of the child, the child or adolescent.
ARTICLE 7o. Law 599 of 2000 will have a new article 188D, the text of which is as follows:
188D. Use of minors the crime commission. The person who leads, facilitates, uses, constrains, promotes or instrumentalizes a child under 18 years of age to commit crimes or promotes such use, constraining, induction, or participates in any manner in the conduct described, only made, in prison from ten (10) to ten and twenty (20) years.
The consent given by the 18-year-old will not constitute a cause for exoneration of the criminal liability.
The penalty will be increased from one third to half if it is less than 14 years of age.
The penalty will be increased from one third to half in the same events aggravation of article 188C.
ARTICLE 8o. ILLICIT USE OF COMMUNICATIONS NETWORKS. Article 197 of Law 599 of 2000, will remain so:
Article 197. Illicit use of communications networks. The person who, for illicit purposes, owns or makes use of terminal equipment of communications networks or of any electronic means designed or adapted to issue or receive signals, will incur, for this single conduct, in prison of four (4) to eight (8) years.
The penalty will be doubled when the conduct described in the previous paragraph is carried out for terrorist purposes.
ARTICLE 9o. FRAUDULENT USURPATION OF BUILDINGS. Amend article 261 of Law 599 of 2000, which will remain so:
Art 261. Usurpation of properties. The one that to appropriate in all or part of the real estate, or to derive profit from it destroys, alter, or delete the mojones or signs that fix their lines, or change them of site, will incur in prison of forty and Eight (48) to fifty-four (54) months and a fine of thirteen point thirty-three (13.33) to seventy-five (75) monthly minimum legal wages in force.
If, for the same purpose, legal actions are carried out by inducing error or with the complicity, favor or co-authorship of the notarial authority or the registration of public instruments, the sentence will be in prison for four to ten years.
The penalty will be doubled, if the usurpation is developed through the use of violence or by using any of the behaviors established in Title XII of this book.
ARTICLE 10. Article 359 of Act 599 of 2000 will remain so:
Article 359. Employment or launch of hazardous substances or objects. The person who uses, sends, remitted or launches against a person, building or means of locomotion, or in public or open to the public, substance or object of those mentioned in the preceding article, will be in prison from sixteen (16) to ninety (90) months, provided that the conduct does not constitute another offence.
If the conduct is committed within a sports or cultural scenario, in addition, five (5) to ten (10) minimum monthly legal salaries in force and in prohibition of going to the cultural or sports stage for a period of time will be fined. between six (6) months, and three (3) years.
The penalty will be eighty (80) to one hundred and eighty (180) months in prison and fine from one hundred and thirty-four (134) to seven hundred and fifty (750) minimum monthly legal salaries in force, when the conduct is carried out for terrorist purposes or against members of the public force.
The penalty will be increased from one third to half when the object launched corresponds to explosive devices, incendiary elements, or chemicals that put life, personal integrity or property at risk.
The one who carries or enters white weapons or dangerous objects within a sports or cultural scenario will incur a fine of five (5) to ten (10) current minimum legal wages in force and a ban on attending the sports stage or culture from six (6) months to three (3) years.
ARTICLE 11. TRAFFIC, MANUFACTURE OR TRANSPORT OF NARCOTIC DRUGS. Article 376 of Law 599 of 2000 will thus remain:
Article 376. Traffic, manufacture, or transport of narcotic drugs. Without permission from a competent authority, enter the country, either in transit or in transit, transport, carry, store, maintain, develop, sell, offer, acquire, finance or supply any title, stupefying substance, (a) Psychotropic or synthetic drugs referred to in tables one, two, three and four of the United Nations Convention on Psychotropic Substances, shall be in prison from one hundred and twenty-eight (128) to three hundred and sixty (360) months and fine of a thousand three hundred and thirty-four (1,334) to fifty thousand (50,000) wages current legal minimum standards.
If the amount of drugs does not exceed a thousand (1,000) grams of marijuana, two hundred (200) grams of hashish, one hundred (100) grams of cocaine or cocaine-based narcotic substance or twenty (20) grams of poppy derivatives, two hundred (200) grams of synthetic drugs, sixty (60) grams of amyl nitrate, sixty (60) grams of ketamine and GHB, the penalty will be sixty-four (64) to one hundred and eight (108) months of imprisonment and fine of two (2) to one hundred and fifty (150) legal minimum wages Monthly.
If the amount of drugs exceeds the maximum limits provided for in the previous paragraph without going from ten thousand (10,000) grams of marijuana, three thousand (3,000) grams of hashish, two thousand (2,000) grams of cocaine or cocaine based on cocaine or sixty (60) grams of poppy derivatives, four thousand (4,000) grams of synthetic drugs, five hundred (500) grams of amyl nitrate, five hundred (500) grams of ketamine and GHB, the penalty will be ninety-six (96) to one hundred and forty-four (144) months of imprisonment and fine of one hundred and twenty and four (124) to one thousand five hundred (1,500) legal minimum wages Monthly.
ARTICLE 12. SUBSTANCE TRAFFICKING FOR NARCOTICS PROCESSING. Article 382 of Act 599 of 2000 will remain so:
Article 382. Substance traffic for narcotics processing. The illegal entry into the country, in transit, or take out of it, transport, have in its possession, divert from the legal use through companies or establishments of commerce, elements or substances that serve for the processing of cocaine, Heroin, synthetic drugs and other narcotic drugs, such as ethyl ether, acetone, ammonia, potassium permanganate, light carbonate, sulphuric acid, hydrochloric acid, diluents, solvents, substances in the tables one and two of the United Nations Convention against Narcotic Drugs and Psychotropic Substances and those which, according to the previous concept of the National Narcotic Council, are used for the same purpose, as well as medicines for veterinary use, will be in prison from 96 to 180 months and fine of 3,000 to 50,000 minimum wages Current monthly legal.
ARTICLE 13. SIMULATION OF INVESTITURE OR CHARGE. Article 426 of Law 599 of 2000 will remain so:
426. The investiture or charge simulation. The person who will be sworn in or post or will be a member of the public force, will be in prison for two (2) to four (4) years and a fine of three (3) to fifteen (15) monthly minimum legal wages in force.
In the same sentence, it will be the case that, for illicit purposes, carries or uses uniforms or distinctive features of a legal person.
The penalty will be doubled if the conduct is carried out for terrorist purposes or when participating in organized crime groups.
ARTICLE 14. USURPATION AND ABUSE OF PUBLIC FUNCTIONS FOR TERRORIST OR CRIMINAL PURPOSES. Article 427 of Law 599 of 2000 will remain so:
Article 427. Usurpation and abuse of public functions for terrorist purposes. The penalties outlined in Articles 425, 426 and 428, will be four (4) to eight (8) years when the conduct is performed with fine terrorists.
ARTICLE 15. DISTURBANCE OF OFFICIAL ACTS. Article 430 of Law 599 of 2000 will remain so:
430. Disruption of official acts. He who simulates authority or invoking false order of the same or using any other deceptive maneuver, tries to prevent or disturb the meeting or the exercise of the functions of the corporations or legislative authorities, (a) a judicial or administrative authority, or any other public authority, or intends to influence its decisions or deliberations, shall be in prison for two to four years and in fine.
He who conducts the previous conduct by means of violence will be in prison for four (4) to eight (8) years.
ARTICLE 16. FINANCING OF TERRORISM AND ACTIVITIES OF ORGANIZED CRIME AND RESOURCE MANAGEMENT WITH TERRORIST AND ORGANIZED CRIME ACTIVITIES. Article 345 of Law 599 of 2000, as amended by Article 16 of Law 1121 of 2006, shall be as follows:
Article 345. Financing terrorism and organized crime groups and administering resources related to terrorist activities and organized crime. The person who directly or indirectly provides, collects, delivers, receives, manages, contributes, custodians or saves funds, assets or resources, or performs any other act that promotes, organizes, supports, maintains, finances or sustains economically organized crime groups, armed groups outside the law or its members, or national or foreign terrorist groups, or national or foreign terrorists, or terrorist activities, will be in prison of thirteen (13) to twenty-two (22) years and fine of a thousand three hundred (1,300) to fifteen thousand (15,000) legal minimum wages Monthly.
ARTICLE 17. FAVOR OF ESCAPE. Article 449 of Law 599 of 2000 will remain so:
Article 449. Favor of the leak. The public servant or the individual in charge of the surveillance, custody or driving of a detainee, captured or convicted who seeks or facilitates his escape, will be in prison of eighty (80) to one hundred and forty-four (144) months, and disqualification for the exercise of public rights and functions up to the same term.
The sentence will be increased to a third when the detainee, captured or convicted, is deprived of his liberty for the crimes of genocide, homicide, forced displacement, torture, forced disappearance, kidnapping, extortion, kidnapping, and kidnapping. extortion, terrorism, conspiracy to commit crimes, drug trafficking, illicit enrichment, laundering of assets, or any of the conduct referred to in Title II of this Book.
ARTICLE 18. Add a new article to the 2000 Act 599 which will remain so:
Artiass 356A. Who has permission for the carrying or holding of firearms to shoot it without it oblites the need to defend its own right or alien against unjust aggression At present or imminent and inevitable otherwise, will incur in prison one (1) to five (5) years, cancellation of the permit to carry and hold such a weapon, and the impossibility for 20 years of obtaining such authorization; provided that the conduct here It is not a crime punishable by a higher penalty.
ARTICLE 19. MANUFACTURING, TRAFFICKING, AND CARRYING FIREARMS OR AMMUNITION. Article 365 of Act 599 of 2000 will remain so:
Article 365. Manufacturing, trafficking, carrying, or holding firearms, accessories, parts, or ammunition. The person who, without the permission of a competent authority, imports, traffishes, manufactures, transport, stores, distributes, sells, supplies, repair, transport or has in a place a personal defence firearms, essential parts, essential accessories or ammunition, will incur in prison from nine (9) to twelve (12) years.
In the same penalty it will incur when it comes to spellbinding or artisanal firearms, except for the scotettes of stout in rural areas.
The previously disposed penalty will be doubled when the behavior is committed in the following circumstances:
1. Using motorized means.
2. When the weapon comes from a crime.
3. When resistance is opposed in a violent way to the requirements of the authorities.
4. When masks or similar elements are used to hide the identity or make it difficult.
5. Act in criminal co-participation.
6. Where the weapons or ammunition have been modified in their manufacturing or origin characteristics, they increase their lethality.
7. When the author belongs or is part of an organized crime group.
ARTICLE 20. Article 366 of Act 599 of 2000 will remain so:
Article 366. Manufacturing, trafficking, and carrying of weapons, ammunition of restricted use, of private use of the Armed Forces or explosives. The person who, without the permission of a competent authority, imports, traffishes, manufactures, transports, supplies, stores, maintains, acquires, supplies, transport or has in a place weapons or essential parts, essential accessories, ammunition for private use of the Armed forces or explosives, will be in prison from eleven (11) to fifteen (15) years.
The penalty mentioned above will be doubled when the circumstances specified in paragraph 3o of the previous article are present.
ARTICLE 21. ILLEGAL DISPOSAL OF MEDICINES. Law 599 of 2000 will have an article 374A, which will remain so:
Article 374A. Illegal drug disposal. The person who, in order to obtain a benefit for himself or for a third party for consideration, acquires or commercializes a medicinal product which has been given to a user of the General System of Social Security in Health, will incur Twenty-four (24) to forty-eight (48) months imprisonment and a fine of fifty (50) to two hundred (200) monthly minimum statutory wages in force.
The penalty will be increased from one third to half when it comes to drugs of biological and biotechnological origin and those to treat orphan and high-cost diseases.
ARTICLE 22. Article 377B of Act 599 of 2000 will remain so:
377B. Punitive Aggravation Circumstance. If the semi-submersible or submersible vessel is used to store, transport or sell, narcotic substance, inputs necessary for its manufacture or is used as a means for the commission of criminal acts the penalty will be fifteen (15) to Thirty (30) years and a fine of seventy thousand (70,000) monthly minimum legal wages in force.
The penalty will be increased from one third to half when the conduct is performed by a Public Servant or who has been a member of the Public Force.
ARTICLE 23. Amend point 2o of Article 263 of Law 599 of 2000, which will remain so:
The penalty set out in the previous paragraph will be four (4) to eight (8) years in prison for the promoter, organizer or director of the invasion.
ARTICLE 24. EXEMPTION FROM CRIMINAL LIABILITY. Article 452 of Law 599 of 2000 will remain so:
Article 452. Eximent of criminal liability. When the absconding internal will be filed voluntarily within thirty-six (36) hours following evasion, the escape will be taken into account for disciplinary purposes only.
ARTICLE 25. HOME DETENTION TO ENCOURAGE THE REINTEGRATION OF THE SENTENCED PERSON. Article 64 of Law 599 of 2000 will thus remain:
Article 64. Parole. The judge may grant probation to the sentenced person to a custodial sentence of the seriousness of the punishable conduct, when he has served two-thirds of the sentence and his good conduct during the treatment. In the case of the prison in the prison, it would be possible to assume that there is no need to continue the execution of the sentence. In any case, the concession will be subject to the total payment of the fine and the compensation to the victim or the payment of both by personal guarantee, payment, bank or by payment agreement.
The time that is missing for penalty compliance will be taken as a trial period. Where it is less than three years, the judge may increase it to another extent.
PARAGRAFO. The execution of the custodial sentence will be performed at the place of residence or residence of the sentenced person, except in the cases where the sentenced person belongs to the victim's family group, when there is served half of the sentence and the budgets referred to in Article 38 2), 3, 4 and 5 of Law 599 of 2000 are met, provided that the penalty imposed is not for crimes of genocide, against the International Humanitarian Law, enforced disappearance, extortionate kidnapping, torture, forced displacement, trafficking of minors, use of minors for the commission of crimes, trafficking of migrants, trafficking in persons, crimes against freedom, integrity and sexual formation, extortion, concert for aggravated crime, laundering of assets, terrorism, usurpation and abuse of public functions for terrorist purposes, financing of terrorism and activities of organised crime, administration of resources with terrorist activities and organised crime, financing of terrorism and the administration of resources related to terrorist activities, crimes related to the trafficking of drugs, the manufacture, trafficking and carrying of weapons and ammunition for the private use of the Armed Forces, and the manufacture, trafficking and carrying of firearms, ammunition or explosives.
ARTICLE 26. Amend article 200 of Law 599 of 2000 which will remain so:
Article 200. Violation of meeting rights and association. The person who prevents or disturbs a lawful meeting or the exercise of the rights granted by the labor laws or retaliates on the occasion of a legitimate strike, meeting or association, shall incur imprisonment of one (1) to two (2) years and a fine of hundred (100) to three hundred (300) monthly minimum legal wages in force.
In the same sentence, the one that holds collective agreements in which, as a whole, the non-unionized workers are granted better conditions, with respect to those conditions agreed upon in collective agreements with the workers unionized from the same company.
The prison term will be three (3) to five (5) years and a fine of three hundred (300) to five hundred (500) monthly minimum statutory wages in force if the conduct described in the first indent is committed:
1. Placing the employee in a situation of defensiveness or endangering his/her personal integrity.
2. The behavior is committed in a disabled person, who has severe illness or a pregnant woman.
3. By threatening to cause death, personal injury, harm to others or to the worker or to their ancestors, descendants, spouse, companion or permanent companion, brother, adopter or adopter, or relative until the second degree of affinity.
4. By deception about the worker.
ARTICLE 27. Add to Law 599, 2000, item 447A, which will be as follows:
447A. Marketing of stolen auto parts. Who trades with auto parts of stolen motor vehicles will incur the same penalty from the previous article.
PARAGRAFO.
ARTICLE 28. Article 32 of Law 1142 that added to article 68A, Law 599 will remain so:
Article 68A. Excluding benefits and criminal surrogates. Article 68A of the Penal Code will be as follows:
Article 68A. No criminal surrogacy or substitute mechanisms for the custodial sentence of probation for the execution of the sentence or probation shall be granted; nor shall the home prison as a substitute for the prison; nor there shall be 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 of the five (5) years before or when he has been convicted of one of the following offences: self-made, illicit enrichment of public servant, fraud and abuse of trust that fall on the state property, concussion, prevaricate by action and by default, conclusion of contract without the fulfillment of the legal requirements, asset laundering, improper use of inside information, undue interest in the conclusion of contracts, violation of the regime of inabilities and incompatibilities, influence peddling, peculated by appropriation and transnational bribery.
PARAGRAFO. The preceding paragraph will not apply with respect to the replacement of the preventive stop and the substitution of the execution of the penalty in the events referred to in the numerals 2, 3, 4 and 5 of the article 314 of Act 906 of 2004 or those events in which the principle of opportunity, preagreements, and negotiations are applied and the raid on charges.
ARTICLE 29. Article 328 of the Penal Code is leftto as follows:
Article 328. Illicit use of renewable natural resources. The fact that, with non-compliance with existing regulations, appropriates, places, explodes, transports, maintains, trades, trades, explores, uses or benefits from specimens, products or parts of the faunique, forest, Colombian biodiversity, hydrobiological, biological or genetic of biodiversity, will be in prison of forty-eight (48) to one hundred and eight (108) months and fine up to thirty-five thousand (35,000) minimum legal salaries in force.
The penalty will be increased from one third to half, when the species are categorized as threatened, at risk of extinction or of migratory nature, rare or endemic to the Colombian territory.
ARTICLE 30. Article 329 of the Penal Code is leftto as follows:
Article 329. Violation of borders for the exploitation or exploitation of natural resources. The foreigner who will perform an unauthorized exploitation, exploitation, exploration or extraction of natural resources within the national territory, will be in prison of sixty-four (64) to one hundred and forty-four months (144) and A fine of one hundred and thirty-three points thirty-three (133.33) to forty-five thousand (45,000) legal minimum wages in force.
ARTICLE 31. Article 330 of the Penal Code will be as follows:
Article 330. Handling and illicit use of organisms, microorganisms, and genetically modified elements. The fact that, with non-compliance with existing regulations, it introduces, manipulates, experiences, inoculates, or spreads, micro-organisms, molecules, substances or elements that endanger the health or the existence of the faunique, floristic or In the case of hydrobiologics, or otherwise, their populations will be in prison for sixty (60) to eight (108) months and a fine of one hundred and thirty-three points thirty-three (133.33) to fifteen thousand (15,000) legal minimum monthly salaries in force.
Incur the same penalty which, with non-compliance with the existing standard amount, introduces, manipulates, experiences, releases, genetically modified organisms, which constitute a risk to human health, the environment or biodiversity Colombia.
If disease, plague or genetic erosion of the species occurs, the penalty will be increased by a third.
ARTICLE 32. The following article is added to the Penal Code:
Article 330A. Illicit handling of exotic species. The failure to comply with existing regulations, introduce, transplant, manipulate, experiment, inoculate, or spread exotic, invasive, wild species that endanger human health, the environment, the species of the Colombian biodiversity will be in prison of forty-eight (48) to eight (108) months and fine of one hundred and thirty-three point thirty-three (133.33) to fifteen thousand (15,000) monthly minimum wages in force.
ARTICLE 33. Article 331 of the Penal Code will remain so:
Article 331. Damage to natural resources. The fact that with non-compliance with existing regulations it destroys, inuses, makes disappear or otherwise damages the natural resources referred to in this title, or those associated with them, will incur in prison of forty Eight (48) to eight (108) months and a fine of one hundred and thirty-three point thirty-three (133.33) to fifteen thousand (15,000) legal minimum monthly salaries in force.
The penalty will be increased by a third half when:
-Natural ecosystems are affected, qualified as strategic ones that make part of the National, Regional and Local System of specially protected areas.
-When the damage is a consequence of the action or omission of those exercising control and surveillance functions.
ARTICLE 34. Article 332 of the Penal Code will remain so:
Article 332. Environmental pollution. The fact that, in breach of existing regulations, causes, directly or indirectly, emissions, discharges, radiations, noises, deposits or provisions to air, air or other components of airspace, the soil, subsoil, land, sea or underground waters or other natural resources, in such a way as to endanger human health or the faunique, forestry, floristic or hydrobiological resources, shall, without prejudice to the penalties Administrative action to be taken, in prison of fifty-five (55) to 12% (112) months and a fine of one hundred and forty (140) to fifty thousand (50,000) monthly minimum legal wages in force.
The penalty will be increased from one third to the half when in the commission of any of the facts described in the previous article without prejudice to those that may correspond according to other precepts of this Code. following circumstances:
1. When the conduct is carried out for terrorist purposes without the fine exceeding the equivalent of fifty thousand (50,000) legal minimum monthly salaries in force.
2. When the emission or vertigo exceeds twice as much as permitted by the existing standard, or has breached more than two parameters.
3. When the contamination, discharge, disposal or discharge is carried out in a protected zone or of ecological importance.
4. When the industry or activity engages in clandestine or deceptively the verities or emissions.
5. That the express orders of the administrative authority for the correction or suspension of the activities defined in the previous article have been disobeyed.
6. That misleading or otherwise misleading information has been hidden or contributed to the environmental aspects of it.
ARTICLE 35. The following article is added to Title XI of the Penal Code:
Article 332A. Environmental pollution by hazardous solid waste. The fact that with non-compliance with existing regulations it stores, transport or inadequately dispose of, solid waste, hazardous waste or debris, in such a way as to endanger the quality of bodies of water, soil or subsoil Two (2) to nine (9) years imprisonment and a fine of one hundred and thirty-three point thirty-three (133.33) to fifty thousand (50,000) monthly minimum legal wages in force.
The penalty will be increased from one third to half when in the commission of any of the facts described in the previous article is endangered human health.
ARTICLE 36. Article 333 of the Penal Code will be as follows:
Article 333. Environmental pollution from mining or hydrocarbon mining. The one that causes, contains or directly or indirectly makes in the resources of water, soil, subsoil or atmosphere, with occasion to the extraction or excavation, exploration, construction and assembly, exploitation, profit, transformation, transport of the mining or hydrocarbon activity, will incur in prison of five (5) to ten (10) years, and fine of thirty thousand (30,000) to fifty thousand (50,000) minimum wages monthly legal in force.
ARTICLE 37. Article 334 of the Penal Code will be as follows:
Article 334. Illegal experimentation with species, biological agents, or biochemicals. The fact that without permission from competent authority or with non-compliance with existing regulations, experiments, with species, biological or biochemical agents, that generate or endanger human health or the survival of the Colombian biodiversity species, will incur in prison of sixty (60) to one hundred and forty-four (144) months and fine of one hundred and thirty-three thirty three (133.33) to fifty thousand (50,000) legal minimum monthly salaries in force.
ARTICLE 38. Article 335 of the Penal Code is leftto as follows:
Article 335. Illicit fishing activity. The fact that without permission from competent authority or non-compliance with existing regulations, it carries out fishing, marketing, transport, or storage of specimens or products of prohibited species or in areas or areas of reserve, or in Closed periods, in prohibited areas, or with explosives, poisonous substance, will incur in prison of forty-eight (48) to one hundred and eight (108) months and fine up to fifty thousand (50,000) monthly minimum legal wages in force.
The same penalty will incur which:
1. Use unauthorised instruments or technical specifications that do not correspond to those permitted by the competent authority.
2. Wish, vary or lower the level of rivers, lagoons, cienagas or any other source for fishing purposes or fishing purposes.
3. Alter the shelters or ecological environment of hydrobiological resource species, as a result of activities of exploration or exploitation of non-renewable natural resources.
4. Build works or install nets, meshes or any other element that prevents the free and permanent transit of fish in the seas, cienagas, lagoons, canes, rivers and canals.
ARTICLE 39. Article 337 of the Penal Code will be as follows:
337. Invasion of areas of special ecological importance. The person who invades, stays in this way either temporarily or makes improper use of the natural resources referred to in this title in the area of forest reserve, reserves or indigenous reserves, land of collective ownership, Black communities, regional park, area or ecosystem of strategic interest or protected area, defined in law or regulation, will incur in prison of forty-eight (48) to one hundred and forty-four (144) months and fine of one hundred and thirty-three points Thirty-three (133.33) to fifty thousand (50,000) monthly minimum legal salaries in force.
The penalty will be increased from one third to half when, as a result of the invasion, the natural components that served as the basis for the qualification of the corresponding territory are severely affected, without the fine exceeds the equivalent of fifty thousand (50,000) monthly minimum legal wages in force.
The one that promotes, finances, directs, takes advantage of economically or obtains any other benefit of the behaviors described in this article, will incur in prison of sixty (60) to one hundred and eighty (180) months and fine of three hundred (300) to fifty thousand (50,000) monthly minimum legal wages in force.
ARTICLE 40. Article 339 of the Penal Code will remain as follows:
Article 339. Blame mode. The penalties provided for in articles 331, 332, 333 of this code will be decreased by half when the Punishable conduct shall be performed culpably.
ARTICLE 41. Article 130 of Law 599 of 2000 will remain so:
130. Aggravation circumstances. If of the behaviors described in the above articles will be followed for the abandoned personal injury, the respective penalty will be increased by up to a quarter.
If the abandonment occurs in places or circumstances where the survival of the newborn is in danger will be constituted the attempted homicide and if the death is over the penalty that applies will be the same contemplated for homicide in the Article 103 of this law.
ARTICLE 42. Amend point 1o of Article 323 of Law 599 of 2000, as amended by article 8or the 2002 747 Act, modified in turn by article 7or Law 1121 of 2006, which will remain so:
323. Asset Washing. The person who acquires, resets, invests, transports, transforms, stores, preserves, custodies or manages goods that have their immediate or immediate origin in the activities of migrant trafficking, human trafficking, extortion, illicit enrichment, kidnapping, rebellion, trafficking in arms, trafficking in minors, financing of terrorism and the administration of resources related to terrorist activities, trafficking in toxic drugs, narcotic drugs or psychotropic substances, crimes against the financial system, crimes against public administration, or linked to the proceeds of crimes executed under concert to commit, or to the goods coming from such activities, appearance of legality or to legalize, hide or cover the true nature, origin, location, destination, movement or right on such goods or carry out any other act to conceal or cover up their illicit origin, will incur that single conduct, in prison of ten (10) to thirty (30) years and fine of six hundred and fifty (650) to fifty thousand (50,000) legal minimum wages in force.
ARTICLE 43. Article 429 of Act 599 of 2000 will remain so:
Article 429. Violence against public server. He who exercises violence against public servant, by reason of his duties or to force him to execute or to omit any act of his own or to perform a contrary to his official duties, will incur in prison of four (4) to eight (8) years.
ARTICLE 44. The 2000 Act 599 will have an article of the following tenor:
Article 353A. Obstruction public roads that affect public order. The fact that, by means of unlawful means, he directs, constrains or provides the means to obstruct in a temporary or permanent manner, selective or general, the roads or the transport infrastructure in such a way that it is against human life, public health, food safety, the environment or the right to work, will be in prison of twenty-four (24) to forty-eight months (48) and a fine of thirteen (13) to seventy-five (75) monthly minimum legal wages in force and loss of the inability of public rights and functions for the same term of imprisonment.
PARAGRAFO. The mobilizations made with permission from the competent authority under Article 37 of the Political Constitution are excluded from this article.
ARTICLE 45. Amend article 353 of Act 599 of 2000, which will remain so:
353. Disruption in public, collective, or official transport service. The fact that by any illicit means makes the circulation impossible or to damage ship, aircraft, vehicle or motorized means for public transport, collective or official vehicle, will incur in prison of four (4) to eight (8) years and fine of Thirteen point thirty-three (13.33) to seventy-five (75) monthly minimum legal salaries in force.
ARTICLE 46. Article 39 of Law 599 will remain so:
Article 39. The fine. The penalty penalty will be subject to the following rules:
1. Fine classes. The fine may appear as a companion to the prison sentence, and in such a case, each penal type will consecrate its amount, which will never exceed fifty thousand (50,000) monthly minimum legal salaries in force. It may also appear in the progressive mode of unit fine, in which case the respective criminal type will only mention it.
2. Unit fine. The fine unit shall be:
1. First grade. A fine unit is equivalent to one (1) monthly minimum wage. The fine will range from one to ten (10) units fine.
In the first grade, those who have received average income in the last year will be located up to ten (10) monthly minimum legal salaries in force.
2. Second grade. A fine unit amounts to ten (10) monthly minimum legal wages. The fine will range from one to ten (10) units fine.
In the second grade, those who have received average income will be located in the last year, in excess of ten (10) monthly minimum legal salaries in force and up to fifty (50).
3. Third grade. A fine unit equals one hundred (100) monthly minimum legal wages. The fine will range from one to ten (10) units fine.
In the third grade, those who have received average income in the past year will be located above fifty (50) monthly minimum legal salaries in force.
The fine unit will be doubled in those cases where the person has been convicted of intentional or intentional crime within the previous ten (10) years.
3. Determination. The amount of the fine shall be set in a reasoned manner by the Judge, taking into account the damage caused by the offence, the intensity of the guilt, the value of the object of the offence or the benefit reported by it, the economic situation of the (a) a convicted child of his or her assets, income, obligations and family charges, and any other circumstances indicating his or her ability to pay.
4. Accumulation. In the event of a contest for punishable conduct or the accumulation of penalties, the fines corresponding to each of the offences shall be added, but the total shall not exceed the maximum fixed in this Article for each class of fine.
5. Payment. The fine unit must be paid in full and immediate form once the respective judgment has been established, unless one of the alternative mechanisms provided for is found.
6. Repayment in instalments. When imposing the fine, or subsequently, the Judge may, on the basis of the penalty of his material incapacity to pay the penalty in a single and immediate act, indicate time limits for the payment, or authorize it by quotas within a term more than two (2) years.
The fine may be divided into quotas, the number of which may not exceed 24 (24), with periods of payment not less than one month.
7. Depreciation through work. The Court of Justice may also authorize, on the basis of the penalty, the total or partial repayment of the fine by unpaid work on the subject of an unequivocal nature and state or social interest.
A fine unit equals fifteen (15) days of work.
Jobs require you to pay your unpaid contribution to certain public or social utility activities.
These works may not be imposed without the consent of the penalty and its execution shall be subject to the following conditions:
1. Its daily duration may not exceed eight (8) hours.
2. The dignity of the penalty will be preserved in its execution.
3. They may be provided to the Administration, to public entities, or to associations of social interest. In order to facilitate its provision, the Administration may establish agreements with entities that develop objectives of clear social or community interest. The work to be done in penitentiary establishments will be preferred.
4. Its execution shall be carried out under the control of the judge or court of judgment, or of the judge of execution of penalties in his case, dispatches which for the effect may require reports on the performance of the work to the administration or to the institution or the association in which the services are provided.
5. It will enjoy the protection afforded to those sentenced under the penal legislation in the field of social security.
6. Their benefit shall not be subject to the achievement of economic interests.
The provisions of the Penitentiary Law will be applied in an unanticipated manner in this Code.
At events where the repayment of the fine by the time or work systems is allowed, the sentenced person shall enter into the act of commitment where the conditions imposed by the Judge are detailed.
ARTICLE 47. Article 454 of Law 599 will remain so:
Article 454. Fraud to judicial or administrative police resolution. He who by any means is subtracted to the fulfilment of the obligation imposed in judicial or administrative decision of the police, will incur in prison of one (1) to four (4) years and fine of five (5) to fifty (50) legal minimum wages Monthly.
CRIMINAL PROCEDURE MEASURES TO GUARANTEE CITIZEN SECURITY.
ARTICLE 48. OF THE GUARANTEE CONTROL FUNCTION. Article 39 of Law 906 of 2004 will remain so:
39. Of the warranty control function. The guarantee control function will be exercised by any municipal criminal judge. The judge exercising the control of guarantees shall be prevented from exercising the function of the knowledge of the same case in his/her fund.
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 In the case of the municipality, the guarantee control function must be exercised by the other municipal judge of the same place regardless of his or her specialty or, in the absence thereof, that of the nearest municipality.
PARAGRAFO 1o. In cases known to the Supreme Court of Justice, the function of 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 take into account.
PARAGRAFO 3o. There will be street guarantee judges acting on the sites where there is only one municipal judge or when it is a place where the transfer of the parties and the interveners is difficult for reasons of transport, distance, force majeure or in cases brought forward by the National Human Rights Unit of the Office of the Prosecutor General of the Nation or in which there are security problems for the officials.
The Administrative Board of the Superior Council of the Judiciary or the respective Sectional Councils of the Judiciary, will authorize, before studying the factors that for the matter should be taken into account, their displacement and their safety.
