LAW 1482

(November 30)

Official Journal No. 48.270 of 1 December 2011

CONGRESS OF THE REPUBLIC

By means of which the Criminal Code is amended and other provisions are established.

COLOMBIA CONGRESS

DECRETA:

TITLE I.

GENERAL PROVISIONS.

ARTICLE 1o. OBJECT OF THE LAW. <Article as modified by article 1 of Act 1752 of 2015. The new text is as follows: This law is intended to penally sanction acts of discrimination on the grounds of race, ethnicity, religion, nationality, political or philosophical ideology, sex or orientation. sexual, disability and other reasons for discrimination.

ARTICLE 2o. Title I of Book II of the Criminal Code shall have a Chapter IX, of the following wording:

CHAPTER IX.

Of the acts of discrimination.

ARTICLE 3o. The Criminal Code will have an article 134a of the following tenor:

Article 134a. Acts of Racism or Discrimination. He who arbitrarily prevents, obstructs or restricts the full exercise of the rights of persons on the basis of their race, nationality, sex or sexual orientation, will be in prison of twelve (12) to thirty-six (36) months and a fine of ten (10) to fifteen (15) monthly minimum legal wages in force.

ARTICLE 4. The Criminal Code will have an article 134B of the following tenor:

Article 134B. Harassment for reasons of race, religion, ideology, politics, or national, ethnic or cultural origin. The one that promotes or instils acts, conduct or acts of harassment, aimed at causing physical or moral harm to a person, group of persons, community or people, by reason of their race, ethnicity, religion, nationality, Political or philosophical ideology, sex or sexual orientation, will incur in prison of twelve (12) to thirty six (36) months and fine of ten (10) to fifteen (15) minimum legal salaries in force, except that the conduct constitutes a punishable offence with greater penalty.

ARTICLE 5o. The Criminal Code will have an article 134C of the following tenor:

Article 134C. Circumstances of punitive aggravation. The penalties provided for in the previous articles will be increased from one third to half when:

1. The conduct is executed in public space, public establishment or public place.

2. The behavior is executed through the use of mass broadcast media.

3. The behavior is performed by public server.

4. The conduct shall be carried out on the grounds or on the occasion of the provision of a public service.

5. The conduct is directed against child, child, adolescent, senior citizen, or older adult.

6. The conduct is aimed at denying or restricting labor rights.

ARTICLE 6o. The Criminal Code will have an article 134D of the following tenor:

Article 134D. Punitive attenuation circumstances. The penalties provided for in the previous articles will be reduced by a third of the time:

1. The accused or accused person retracts publicly in a verbal and written manner of the conduct for which they are being investigated.

2. Compliance with the service that was denied is being enforced.

ARTICLE 7o. Amend article 102 of the Penal Code.

Article 102. Genocide Apology. He who, by any means, spreads ideas or doctrines that encourage, promote, genocide or anti-Semitism or in any way justify it or seek the rehabilitation of regimes or institutions that will protect the The same applies to a prison of ninety-six (96) to one hundred and eighty (180) months, a fine of six hundred and sixty-six points sixty-six (666.66) to one thousand five hundred (1,500) monthly minimum legal wages in force, and disqualification for the exercise of rights and public functions of eighty (80) to one hundred and eighty (180) months.

ARTICLE 8o. VALIDITY. This law governs from its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

Republic of Colombia-National Government

Publish and comply.

Dada in Bogotá, D. C., on November 30, 2011.

JUAN MANUEL SANTOS CALDERÓN

The Minister of the Interior,

GERMAN VARGAS LLERAS.

The Minister of Justice and Law,

JOHN CARLOS ESGUERRA PORTOCARRERO.