Advanced Search

By Which Aimed At Strengthening The Mechanisms For The Prevention, Investigation And Punishment Of Acts Of Corruption And Control Effectiveness Of Governance Rules Dictate

Original Language Title: Por la cual se dictan normas orientadas a fortalecer los mecanismos de prevención, investigación y sanción de actos de corrupción y la efectividad del control de la gestión pública

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LAW 1474 OF 2011

(July 12)

Official Journal No. 48.128 of 12 July 2011

CONGRESS OF THE REPUBLIC

For which rules are dictated to strengthen the mechanisms of prevention, investigation and punishment of acts of corruption and the effectiveness of the control of public administration.

Vigency Notes Summary
Matches

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

ADMINISTRATIVE MEASURES FOR THE FIGHT AGAINST CORRUPTION.

ARTICLE 1o. INABILITY TO HIRE FROM THOSE WHO INCUR CORRUPTION. The literal (j) of the numeral 1 of Article 8or of Law 80 of 1993 will be thus:

Natural persons who have been legally responsible for the commission of crimes against the Public Administration whose penalty is the custodial of liberty or affect the estate of the State or those who have been convicted of crimes related to the membership, promotion or financing of illegal groups, crimes against humanity, drug trafficking in Colombia or abroad, or bribery transnational, with the exception of guilty offences.

This inability shall extend to the societies in which such persons are socials, to their matrices and to their subordinates, with the exception of open anonymous societies.

The expected inability of this literal will be extended by a term of twenty (20) years.

Effective Case-law
Ir al inicio

ARTICLE 2o. INABILITY TO HIRE FROM THOSE WHO FUND POLITICAL CAMPAIGNS. The numeral 1 of article 8or Act 80 of 1993 will have a new literal k), which will remain so:

People who have financed political campaigns to the Presidency of the Republic, to governorships, or to mayors with contributions of more than two points 5 percent (2.5%) of the maximum amounts to be invested by the candidates in the campaigns elections in each electoral constituency, who will not be able to conclude contracts with the public entities, even decentralized ones, of the respective administrative level for which the candidate was elected.

The inability will extend throughout the period for which the candidate was elected. This causation will also operate for people who are within the second degree of consanguinity, second of affinity, or first civilian of the person who has funded the political campaign.

This inability will also include existing companies or that they will become different from the open anonymous ones, in which the legal representative or any of its partners have financed directly or by person political campaigns to the Presidency of the Republic, to the governorships and the municipal governments.

The inability provided for in this standard shall not apply in respect of contracts for the provision of professional services.

Ir al inicio

ARTICLE 3o. PROHIBITION FOR FORMER PUBLIC SERVANTS TO MANAGE PRIVATE INTERESTS. Article 35 of Law 734 of 2002 will thus be as follows:

Provide, in a personal or personal capacity, assistance, representation or advisory services in matters related to the office's own functions, or allow this to occur, up to the end of two (2) years after the leave the office, with respect to the body, entity or corporation in which it provided its services, and for the provision of assistance, representation or advisory services to those subject to inspection, surveillance, control or regulation of the entity, corporation or bodies to which it has been linked.

Effective Case-law

This prohibition will be indefinite in time with respect to the specific cases of which the server has met in the exercise of its functions.

It is understood by specific cases of which he has known in the exercise of his functions those of a particular character and concrete that were the object of decision during the exercise of his functions and of which there are clearly subjects determined.

Ir al inicio

ARTICLE 4. INABILITY FOR FORMER PUBLIC EMPLOYEES TO CONTRACT WITH THE STATE. Add a literal (f) to the numeral 2 of article 8or Act 80 of 1993, which will remain so:

Directly or indirectly persons who have pursued positions in the management level in State entities and the companies in which they are party or are bound to any degree, during the two (2) years following the withdrawal of the exercise of public office, where the object they develop is related to the sector to which they provided their services.

This incompatibility will also operate for people who are within the first degree of consanguinity, first of affinity, or first civil of the former public employee.

Effective Case-law

CHAPTER I.

ADMINISTRATIVE MEASURES FOR THE FIGHT AGAINST CORRUPTION

Ir al inicio

ARTICLE 5o. Who has entered into a state contract of public works, concession, supply of medicines and food or their spouse, partner or permanent companion, relative to the second degree of consaguinity, second of affinity and/or first civil or its partners in companies other than the anonymous open, with the entities referred to in Article 2or Act 80 of 1993, during the period of execution and until the liquidation of the same, they shall not be able to conclude contracts with the same entity.

Effective Case-law
Ir al inicio

ARTICLE 6o. REPEAT ACTION. The numeral 2 of article 8or of Law 678 of 2001 will remain so:

2. The Ministry of Justice and Law, through the Directorate of Judicial Defense of the Nation or who does its own times.

Ir al inicio

ARTICLE 7o. TAX REVIEWERS ' LIABILITY. Add a numeral 5) to Article 26 of Law 43 of 1990, which will remain so:

5. When acting as a tax reviewer, do not report or bring to the attention of the disciplinary or fiscal authority concerned, the acts of corruption which he has found in the exercise of his office, within six (6) months of that you have known the fact or have the legal obligation to know it, acts of corruption In relation to acts of corruption will not proceed the professional secret.

Effective Case-law
Matches
Ir al inicio

ARTICLE 8o. DESIGNATION OF RESPONSIBLE FOR INTERNAL CONTROL. Amend article 11 of Law 87 of 1993, which will remain so:

For the verification and permanent evaluation of the Control System, the President of the Republic shall designate in the state entities of the executive branch of the national order the head of the Unit of the internal control office or who does his times, who will be of free appointment and removal.

In the case of entities of the executive branch of the territorial order, the designation shall be made by the maximum administrative authority of the respective territorial entity. This official will be appointed for a fixed term of four years, in the middle of the respective term of the mayor or governor.

Effective Case-law

PARAGRAFO 1o. To perform the role of advisor, coordinator, or internal auditor, professional training and minimum experience of three (3) years in internal control matters must be accredited.

PARAGRAFO 2o. The internal auditor, or who does his or her times, will have the multidisciplinary staff assigned to him by the head of the body or entity, according to the nature of the functions of the body or entity. The selection of such staff will not necessarily involve an increase in the existing office.

Matching Doctrine
Ir al inicio

ARTICLE 9o. INTERNAL CONTROL OFFICER REPORTS. Amend article 14 of Law 87 of 1993, which will be as follows:

The head of the Unit of the Internal Control Office or who does his or her duties in an entity of the executive branch of the national order will be a public servant of free appointment and removal, appointed by the President of the Republic.

This public servant, without prejudice to other legal obligations, shall report to the Director of the Administrative Department of the Presidency of the Republic, as well as to the Control Agencies, the possible acts of corruption and irregularities found in the performance of his duties.

The head of the Unit of the Internal Control Office shall publish every four (4) months on the institution's website, a detailed report on the state of the institution's internal control, or penalty for serious disciplinary misconduct.

The reports of the internal control officers shall have probative value in disciplinary, administrative, judicial and fiscal processes when the relevant authorities so request.

PARAGRAFO TRANSIENT. To adjust the period covered by this article, the Internal Control officers who are holding the charge at December 31, 2011, will remain in the until the Governor or Mayor makes the appointment of the new official, in accordance with the date provided for in this Article.

Ir al inicio

ARTICLE 10. ADVERTISING BUDGET. The resources allocated to public entities and companies and companies with majority participation of the State of national and territorial order, in the dissemination of the programs and policies they carry out, through In the event of official publicity or any other means or similar mechanism involving the use of state money, they should seek to fulfill the purpose of the respective entity and guarantee the right to information of the citizens. In this official publicity, the greatest limitation, among others, will be sought in terms of content, extension, size and means of communication, in such a way as to achieve the greatest austerity in spending and the actual reduction of costs.

The contracts to be concluded for the performance of the activities described in the previous paragraph must be based on pre-established criteria of effectiveness, transparency and objectivity.

The use of official advertising, or any other mechanism of disclosure of official programs and policies, for the promotion of public servants, political parties or candidates, or making use of their voice, image, name, symbol, is prohibited. logo or any other identifiable element that could lead to confusion.

In no case shall the entities subject to this regulation be able to sponsor, hire or directly conduct official advertising that is not directly related to the functions that it is legally required to fulfill, or to contract or sponsor the printing of luxury editions or with polychrome.

Vigency Notes
Effective Case-law
Previous Legislation

PARAGRAFO 1o. 50 of Law 1551 of 2012 >

Vigency Notes
Previous Legislation
Matches

PARAGRAFO 2o. The provisions of this article will not apply to Mixed Economy Societies or to industrial and commercial enterprises in the State that compete with the public or private sector or where there are grounds for public interest in health. But in any case its execution must be submitted to the planning postulates, the cost benefit ratio, the previous budget and the reasonableness of the expenditure.

PARAGRAFO 3o. The entities of the national and territorial order referred to in this provision are obliged to periodically publish on their website all information regarding the budget, planning and expenditure on the activities described in the first indent of this Article.

Effective Case-law
Matches
Ir al inicio

ARTICLE 11. CONTROL AND SURVEILLANCE IN THE SOCIAL SECURITY SECTOR IN HEALTH.

1. Obligation and control. The institutions subject to the control and surveillance of the National Health Superintendence, will be obliged to adopt appropriate and sufficient control measures, aimed at preventing fraud in the social security system in health.

2. Control mechanisms. For the purposes of the preceding number, these institutions shall, as soon as they are applicable, adopt mechanisms and rules of conduct to be observed by their legal representatives, directors, administrators and officials, with the following purposes:

a) Properly identify their affiliates, their economic activity, employment link and salary;

b) Establish the frequency and magnitude with which your users use the health social security system;

c) Immediately and sufficiently report to the National Commission on Drug Prices and Medical Devices-CNPMD-any cost overruns on the sale or offering of medicines and inputs;

d) Report immediately and sufficient to the National Institute of Drug and Food Surveillance, Invima, the falsification of medicines and supplies and the supply of expired drugs, without prejudice to criminal complaints corresponding;

e) To report immediately and sufficient to the Administrative Unit of Pensional Management and Parafiscal Contributions of Social Protection (UGPP) and to the National Health Superintendence any relevant information when they can to present fraudulent membership or fraud in the social security contributions for the purposes of their competence;

f) The others that the National Government points out.

3. Adoption of procedures. For the purpose of implementing the control mechanisms referred to in the previous numeral, the supervised entities shall design and implement specific procedures and designate officials responsible for verifying the appropriate compliance with the requirements. of these procedures.

4. From the date of issue of this law, no health service provider in any of its modalities, including cooperatives, may make any donations to political campaigns or activities that do not have a relationship with the provision of the service.

Effective Case-law

PARAGRAFO. The Government will regulate the matter in a term not exceeding three months.

Ir al inicio

ARTICLE 12. PREVENTIVE SYSTEM FOR RISKY FINANCIAL AND HEALTH CARE PRACTICES OF THE GENERAL SYSTEM OF SOCIAL SECURITY IN HEALTH. Create the Preventive System of Financial and Health Care Practices of the General Security System Social in Health that allows for the timely identification, recording and monitoring of these behaviors. The National Health Superintendence will define for its monitored subjects, the set of preventive measures for its control, as well as the early warning indicators and will exercise its functions of inspection, surveillance and control over the matter. Such a system should include indicators that allow the identification, prevention and reporting of events suspected of corruption and fraud in the General System of Social Security in Health. Failure to report information to such a system will be sanctioned in accordance with Article 131 of Law 1438 of 2011.

CHAPTER II.

CRIMINAL MEASURES IN THE FIGHT AGAINST PUBLIC AND PRIVATE CORRUPTION.

Ir al inicio

ARTICLE 13. EXCLUSION OF BENEFITS IN CRIMES AGAINST PUBLIC ADMINISTRATION RELATED TO CORRUPTION. Article 68A of the Criminal Code will thus remain:

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 house prison as a substitute for the prison; nor shall there be any place of any 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 the five (5) previous years.

Nor shall they be entitled to benefits or surrogates who have been convicted of crimes against the Public Administration, fraud and breach of trust that fall upon the State's property, misuse of inside information, Money laundering and transnational bribery.

The provisions of this Article shall not apply with respect to the replacement of preventive detention and the replacement of the execution of the sentence in the events referred to in the numerals 2, 3, 4 and 5 of the article 314 of Law 906 of 2004, or those events in which the principle of opportunity, preagreements, and negotiations and the raid on charges apply.

Ir al inicio

ARTICLE 14. EXTENSION OF CRIMINAL PRESCRIPTION TERMS. The sixth paragraph of Article 83 of the Penal Code will be as follows:

6. To the public servant who, in the exercise of the duties of his or her position or on the occasion of which he carries out a punishable conduct or participates in it, the term of limitation shall be increased by half. The above shall also apply in relation to individuals carrying out public functions permanently or temporarily, and those working as retaining agents or collectors.

Ir al inicio

ARTICLE 15. PUBLIC RESOURCES SCAM AND COMPREHENSIVE SOCIAL SECURITY SYSTEM. Article 247 of the Criminal Code will have a number of numbers 5 and 6 of the following wording:

5. The conduct related to assets belonging to companies or institutions in which the State has the entire or the largest part, or received to any title thereof.

6. The conduct is related to the General System of Integral Social Security.

Ir al inicio

ARTICLE 16. PRIVATE CORRUPTION. Law 599 of 2000 will have an article 250A, which will remain so:

The person who directly or by person promises, offers or grants to managers, administrators, employees or advisors of a society, association or foundation a gift or any unjustified benefit to favor him or her Third, to the detriment of the third, four (4) to eight (8) years imprisonment and a fine of ten (10) to a thousand (1,000) monthly minimum legal salaries in force.

With the same penalties, the manager, administrator, employee or adviser of a company, association or foundation shall be punished, which, in itself or by person, receives, requests or accepts a gift or any unjustified profit, to the detriment of of that.

When the conduct carried out produces an economic injury to the detriment of the society, association or foundation, the penalty will be six (6) to ten (10) years.

Ir al inicio

ARTICLE 17. UNFAIR ADMINISTRATION. Law 599 of 2000 will have an article 250B, which will remain so:

The administrator of fact or of law, or partner of any company constituted or in formation, manager, employee or adviser, who in his or her own benefit or of a third party, with abuse of his or her own functions, disposes of the property of the company or contract obligations under it causing directly an economically evaluable damage to its partners, will incur in prison of four (4) to eight (8) years and fine of ten (10) up to a thousand (1,000) legal minimum wages Monthly.

Ir al inicio

ARTICLE 18. IMPROPER USE OF INSIDE INFORMATION. Article 258 of the Penal Code will remain so:

The person who, as an employee, adviser, manager or member of a board or administrative body of any private entity, in order to obtain benefit for himself or for a third party, makes misuse of information that he has known for reason or with the occasion of his office or function and which is not subject to public knowledge, he will incur in prison sentence of one (1) to three (3) years and fine of five (5) to fifty (50) minimum wages legal monthly in force.

In the same penalty, the person who uses information known by reason of his profession or office, to obtain for himself or for a third party, profit by the negotiation of certain action, value or instrument recorded in the National Register of Securities, provided that such information is not public knowledge.

Ir al inicio

ARTICLE 19. DRUG AND MEDICAL DEVICE SPECULATION. Add a paragraph to article 298 of Act 599 of 2000, which will remain so:

The penalty will be five (5) years to ten (10) years in prison and a fine of forty (40) to one thousand (1,000) monthly minimum legal wages in force, in the case of medicine or medical device.

Ir al inicio

ARTICLE 20. EXPEDITING WITH DRUGS AND MEDICAL DEVICES. Add a paragraph to article 301 of Act 599 of 2000, which will remain so:

The penalty will be five (5) years to ten (10) years in prison and a fine of forty (40) to one thousand (1,000) monthly minimum legal wages in force, in the case of medicine or medical device.

Ir al inicio

ARTICLE 21. TAX EVASION. Article 313 of Law 599 of 2000, will remain so:

The concessionaire, legal representative, administrator or employer legally authorized for the exploitation of a profit-making monopoly, which completely or partially fails to deliver the monopolistic income that is legally appropriate for them. health and education services, will be in prison for five (5) years to ten (10) years and fine of up to 1,020,000 UVT.

The concessionaire, legal representative, administrator or employer legally authorized for the exploitation of a profit-making monopoly shall incur the same penalty if it does not declare all or part of the revenue received in the financial year, to the competent authority.

Ir al inicio

ARTICLE 22. CONTROL OMISSION IN THE HEALTH SECTOR. Law 599 of 2000 will have an article 325B, which will remain so:

The employee or director of an entity monitored by the Superintendency of Health, who in order to hide or cover up an act of corruption, omit the fulfillment of some or all of the control mechanisms established for the prevention and the fight Against fraud in the health sector, it will incur, for that single conduct, in the penalty provided for in article 325 of Law 599 of 2000.

Effective Case-law
Ir al inicio

ARTICLE 23. PECULATED BY DIFFERENT OFFICIAL APPLICATION AGAINST SOCIAL SECURITY RESOURCES. Law 599 of 2000 will have an article 399A, which will remain so:

The penalty provided for in Article 399 will be aggravated by a third half, when a different official application is made to resources for integral social security.

Ir al inicio

ARTICLE 24. GUILTY PECULATE AGAINST RESOURCES OF INTEGRAL SOCIAL SECURITY. Law 599 of 2000 will have an article 400A, which will remain so:

The penalties provided for in Article 400 of Law 599 of 2000 will be aggravated by a third of half, when a different official application is made to resources for integral social security.

Ir al inicio

ARTICLE 25. PUNITIVE ATTENUATION CIRCUMSTANCES. Article 401 of the Criminal Code will remain as follows:

If before the investigation is initiated, the agent, by itself or by third person, will cease the misuse, repair the damaged, correct the different official application, or reintegrate the appropriate, lost or lost, or its updated value with The penalty will be reduced in half.

If the refund is made before the second instance judgment is given, the penalty will be reduced by a third party.

When the drawback is partial, the judge shall, in proportion, decrease the sentence by up to a quarter.

Ir al inicio

ARTICLE 26. GRANT FRAUD. Law 599 of 2000 will have an article 403A, which will remain so:

The person who obtains a grant, aid or subsidy from public resources by deception on the conditions required for their grant or by completely or partially silent the truth, will be in prison of five (5) to nine (9) years, fine of Two hundred (200) to 1,000 (1,000) monthly minimum legal salaries in force and inability to exercise rights and public functions from six (6) to twelve (12) years.

The same penalties shall be imposed on the person who does not invest the resources obtained through a grant, subsidy or aid from a public entity for the purpose to which they are intended.

Ir al inicio

ARTICLE 27. RESTRICTIVE COMPETITION AGREEMENTS. Law 599 of 2000 will have an article 410A, which will remain so:

In a process of public bidding, public auction, abbreviated selection or contest, in order to illicitly alter the contractual procedure, you will be in prison of six (6) to twelve (12) years and fine of two hundred years. (200) to a thousand (1,000) minimum monthly legal salaries in force and inability to contract with state entities for eight (8) years.

PARAGRAFO. He who in his condition as a delator or clemente by firm resolution obtains total exoneration of the fine to impose by the Superintendence of Industry and Commerce in an investigation by agreement anticompetitive in a public procurement process will obtain the following benefits: reduction of the penalty by a third, 40% of the fine to impose and an inability to contract with state entities for five (5) years.

Ir al inicio

ARTICLE 28. TRAFFIC OF PARTICULAR INFLUENCES. Law 599 of 2000 will have an article 411A, which will remain so:

The person who has undue influence on a public servant in matters which he or she is aware of or must know, in order to obtain any economic benefit, will be in prison of four (4) to eight (8) years and fine from 100 to two hundred (200) monthly minimum legal salaries in force.

Ir al inicio

ARTICLE 29. ILLICIT ENRICHMENT. Article 412 of the Penal Code will remain as follows:

The public servant, or who has performed public functions, that during his or her relationship with the administration or within five (5) years after his or her disengagement, obtains, for himself or for another, an unjustified increase in wealth, If the conduct does not constitute another offence, in prison of nine (9) to fifteen (15) years, fine equivalent to twice the value of the enrichment without exceeding the equivalent of fifty thousand (50,000) monthly minimum legal wages in force and disablement for the exercise of public rights and functions of ninety-six (96) to one hundred and eighty (180) months.

Ir al inicio

ARTICLE 30. TRANSNATIONAL BRIBERY. Article 433 of the Penal Code will be as follows:

The one that gives or offers to a foreign public server, for the benefit of this or a third party, directly or indirectly, any money, object of pecuniary value or other utility in exchange for the fact that it performs, omits or later any related act with an economic or commercial transaction, will incur in prison from nine (9) to fifteen (15) years and fine from one hundred (100) to two hundred (200) monthly minimum legal salaries in force.

PARAGRAFO. For the purposes of this article, any person who has a legislative, administrative or judicial position in a foreign country is considered a foreign public servant or has been appointed or elected, as well as any person exercising a public function for a foreign country, either within a public body or a public service undertaking. It shall also be understood to be of the same quality as any official or agent of an international public organisation.

Ir al inicio

ARTICLE 31. BRIBERY. Amend article 444 of Law 599 of 2000, which will remain so:

He who delivers or promises money or other utility to a witness to fail the truth or the street totally or partially in his testimony, will incur in prison from six (6) to twelve (12) years and fine from one hundred (100) to one thousand (1,000) wages.

Ir al inicio

ARTICLE 32. BRIBERY IN CRIMINAL ACTION. Amend article 444-A of Act 599 of 2000, which will remain so:

He who takes advantage of his or a third party gives or promises money or other utility to a person who has witnessed a criminal act, to refrain from attending to testify, or to fail the truth, or the street totally or partially, will incur in prison from six (6) to twelve (12) years and fine from fifty (50) to two thousand (2,000) monthly minimum legal wages in force.

Ir al inicio

ARTICLE 33. PUNITIVE AGGRAVATION CIRCUMSTANCES. The criminal types that are dealt with by items 246, 250 numeral 3, 323, 397, 404, 405, 406, 408, 409, 410, 411, 412, 413, 414 , and 433 of Act 599 of 2000 will be increased by one-sixth half when the conduct is committed by a public servant who exercises as an official of one of the State control agencies.

Ir al inicio

ARTICLE 34. MEASURES AGAINST LEGAL PERSONS. 35 of Law 1778 of 2016. The new text is as follows: > Regardless of the individual criminal responsibilities to which the measures referred to in Article 91 of Law 906 of 2004 will apply to persons legal persons who have sought to benefit from the commission of crimes against the Public Administration, or any punishable conduct related to the public patrimony, carried out by their legal representative or their administrators, directly or indirectly.

In crimes against the Public Administration or affecting the public patrimony, the state entities possibly harmed may request the connection as a civilly responsible third party of the legal persons who have participated in the the commission of those.

Where there is a duly enforceable criminal conviction against the legal representative or the administrators of a company domiciled in Colombia or a branch of foreign society, for the crime of co-fact or offer, the Superintendence of Societies may impose fines of up to two hundred thousand (200,000) minimum monthly legal salaries in force if, with the consent of the person convicted or with the tolerance of the same, said society domiciled in Colombia or branch of foreign society benefited from the commission of that crime.

You may also impose the sanction of publication on media of wide circulation and on the website of the legal person sanctioned of an extract of the penalty decision for a maximum time of one (1) year. The sanctioned legal person will bear the costs of that publication. You may also be prohibited from receiving any incentive or subsidies from the Government within 5 years.

In this performance, the Superintendence of Societies will apply the rules on administrative sanctioning procedure contained in Chapter III of Title III of Law 1437 of 2011.

PARAGRAFO 1o. For the purposes of the graduation of the monetary penalties covered by this article, account shall be taken of:

(a) the existence, execution and effectiveness of programs of transparency and business ethics or anti-corruption mechanisms within the society domiciled in Colombia or a branch of foreign society;

(b) the conduct of an appropriate due diligence process, in case the company domiciled in Colombia or the foreign company branch has been acquired by a third party and that

(c) the legal person has provided evidence related to the commission of the conduct set forth in this article by its administrators or employees.

PARAGRAFO 2o. In cases of transnational bribery, the Superintendence of Societies will apply the special sanctioning regime provided for this administrative lack.

Vigency Notes
Previous Legislation
Ir al inicio

ARTICLE 35. EXTENSION OF TERMS FOR INVESTIGATION. Article 175 of Law 906 of 2004 will have a paragraph, which will remain so:

PARAGRAFO. In the case of crimes of jurisdiction of the criminal judges of the specialized circuit, for crimes against the Public Administration and for crimes against the economic patrimony that fall on goods of the State in respect of which Preventive detention, the above terms shall be doubled where three (3) or more are charged or offences under investigation.

Ir al inicio

ARTICLE 36. COVERT OPERATIONS AGAINST CORRUPTION. Law 906 of 2004 will have an article 242-A, which will remain so:

The mechanisms referred to in Articles 241 and 242 may be used when verifying the possible existence of acts constituting crimes against the Public administration in a public entity.

When in investigations of corruption, the undercover agent, in development of the operation, commits crimes against the Public Administration in cooperation with the person under investigation, will be exonerated of responsibility, unless there is a true criminal agreement alien to the covert operation, while the indicado or imputed will answer for the corresponding offence.

Ir al inicio

ARTICLE 37. ADVANCE TESTING. Article 284 of Law 906 of 2004 will have a fourth paragraph, which will remain so:

PARAGRAFO 1o. In investigations that deal with crimes of jurisdiction of the criminal judges of the specialized circuit, for crimes against the Public Administration and for crimes against the economic patrimony that The person who has received threats against his or her life or that of his family on account of the facts he or she has received will be able to practice as an advance proof of the State's property in respect of which the preventive detention proceeds. The Commission shall, in accordance with the procedure laid down in Article 3 (2), Extradition procedure in which the Supreme Court of Justice has given a favorable concept.

The test must be carried out before the decision of the President of the Republic to grant extradition is signed.

Ir al inicio

ARTICLE 38. INCREASE IN TERMS REGARDING THE CAUSES OF FREEDOM IN CORRUPTION-RELATED INVESTIGATIONS. Article 317 of Law 906 of 2004 will have a second paragraph, which will remain so:

PARAGRAFO 1o. In the case of criminal proceedings of the criminal judges of the specialized circuit, for crimes against the Public Administration and for crimes against the economic patrimony that fall on property of the State in respect of which preventive detention proceeds, the terms provided for in numerals 4 and 5 shall be doubled where three (3) or more are charged or offences under investigation.

Ir al inicio

ARTICLE 39. RESTRICTION OF HOME DETENTION. The paragraph of Article 314 of Law 906 of 2004 will remain so:

PARAGRAFO 1o. The replacement of preventive detention in prison, by house arrest, shall not proceed when the imputation relates to the following offences: The jurisdiction of the criminal judges of the specialized circuit or who does its times, Traffic of Migrants (C. P. article 188); Carnal access or sexual acts with unable to resist (C. P. article 210); Intra-family violence (C. P. article 229); Qualified Hurt (C. P. article 240); Aggravated Hurt (C. P. article 241, numerals 7, 8, 11, 12 and 15); Aggravated stafa (C. P. article 247); Use of false documents related to stolen motorized media (C. P. article 291); Manufacture, trafficking and carrying of firearms or ammunition for personal use, when conutive with the crime of concerto for delinquir (C. P. Articles 340 and 365), or the defendants record convictions in force for the same crimes; Manufacture, trafficking and carrying of weapons and ammunition of use The armed forces (C. P. article 366); Manufacture, import, traffic, possession and use of chemical, biological and nuclear weapons (C. P. article 367); Peculated by appropriation in amounts exceeding fifty (50) monthly minimum legal wages (C. P. article 397); Concussion (C. P. article 404); Own (C). Q. article 405); Impropriety (C.P. article 406); co-done by giving or offering (C. P. Article 407); Illicit Enrichment (C.P. article 412); Transnational Bribery (C.P. article 433); Indue Interest in Conclusion of Contracts (C.P. article 409); Contract without Compliance with Legal Requirements (C.P. article 410); Trafficking in Influences (C.P. href="ley_0599_2000_pr016.html#411"> 411); Repeated reception, continuous (C.P. article 447, incisos 1o y 3o); Reception to hide or cover up the crime of qualified theft, the reception to hide or cover up the qualified theft in contest with the concert for delinquiring, reception on a motorized medium or its essential parts, or on goods or fuel that is carried on them (C. P. article 447, paragraph 2o) ".

Ir al inicio

ARTICLE 40. PRINCIPLE OF OPPORTUNITY FOR THE CRIMES OF CO-FACT. Article 324 of Law 906 of 2004 will have a numeral 18, which will remain so:

" 18. When the author or participant in the cases of co-fact formulates the respective denunciation that gives origin to the criminal investigation, accompanied by useful evidence in the trial, and serves as a witness of charge, as long as it deals in a voluntary and integral way the damage caused.

The effects of the application of the principle of opportunity will be revoked if the person benefiting with the same fails to comply with the obligations at the hearing.

The opportunity principle will apply to the public server if I first report the offense in the annotated conditions.

CHAPTER III.

DISCIPLINARY MEASURES FOR THE FIGHT AGAINST CORRUPTION.

Ir al inicio

ARTICLE 41. DISCIPLINARY FUNCTIONS OF THE DISCIPLINARY COURT OF THE HIGHER COUNCIL OF THE JUDICIARY. In addition to the provisions of the Political Constitution, the Disciplinary Chamber of the Superior Council of the Judiciary or the Councils As the case may be, they will examine the conduct and sanction the faults of the assistants of the Justice Department.

Ir al inicio

ARTICLE 42. PREFERENTIAL POWER OF THE DISCIPLINARY COURT OF THE HIGHER COUNCIL OF THE JUDICIARY.

Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 43. PROHIBITION OF RETALIATION. Add a new number to Article 48 of Law 734 of 2002, which will remain so:

" Article 48. Very Gravy High. The following are very serious:

64. Without prejudice to the adoption of the measures provided for in Law 1010 of 2006, to commit, directly or indirectly, on the occasion of their duties or to be exceeded in the exercise thereof, an arbitrary and unjustified act against another public servant who has reported facts of corruption. "

Ir al inicio

ARTICLE 44. DISCIPLINABLE SUBJECTS. Article 53 of Law 734 of 2002, will remain so:

This regime applies to individuals who carry out financial or supervisory tasks in state contracts; also to those who exercise public functions, either permanently or temporarily, in relation to these, and to who administer public or official resources.

It is understood that it is a public function that, by legal provision, administrative act, agreement or contract, performs administrative functions or activities of the organs of the State, which allow the fulfillment of the (a) State tasks, as well as that exercised by the sanctioning authority of the State; which shall be credited, among other manifestations, each time it orders or points out conduct, issues unilateral acts or exercises coercive powers.

Manage public resources those individuals who collect, custodian, liquidate or dispose of the use of parafiscal rents, of income that are part of the budget of the public entities or that the latter have destined for their use for specific purposes.

Those individuals who provide public services will not be disciplined unless they perform public functions, an event in which they will be eligible for disciplinary rules.

In the case of legal persons, disciplinary liability shall be required of the legal representative or members of the Board of Directors.

Effective Case-law
Ir al inicio

ARTICLE 45. RESPONSIBILITY OF THE FINANCIAL CONTROLLER FOR VERY SERIOUS FAULTS. amend the number 11 of article 55 of Law 734 of 2002, which will be as follows:

11. Those enshrined in numerals 2, 3, 14, 15, 16, 18, 19, 20, 26, 27, 28, 34, 40, 42, 43, 50, 51, 52, 55, 56, and 59, paragraph 4, of article 48 of this law when they are compatible with the function.

Ir al inicio

ARTICLE 46. NOTIFICATIONS. Article 105 of Law 734 of 2002 will have a second indent, which will remain so:

In this way, the investigation closure cars and the one ordering the shipment will be notified for closing arguments.

Ir al inicio

Next