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Through Which Ships The Code Forfeiture

Original Language Title: Por medio de la cual se expide el Código de Extinción de Dominio

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LAW 1708 OF 2014

(January 20)

Official Journal No. 49.039 of 20 January 2014

CONGRESS OF THE REPUBLIC

By means of which the Domain Extinction Code is issued.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

BOOK I.

DEFINITIONS, RULES AND FUNDAMENTAL GUARANTEES.

TITLE 1.

DEFINITIONS.

ARTICLE 1o. DEFINITIONS. For the interpretation and application of this law, the following definitions shall be taken into account:

1. Affected. Person who claims to be the holder of any right to the good that is the object of the process of extinction of the domain, with legitimization to go to the process.

2. Illicit Activity. Any such criminalized as criminal, independent of any declaration of criminal responsibility, as well as any activity that the legislator considers susceptible to the application of this law for the deterioration of social morality.

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3. Goods. All those that are susceptible to economic, movable or immovable, tangible or intangible valuation, or those on which a right of patrimonial content may fall.

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TITLE II.

GOVERNING STANDARDS AND FUNDAMENTAL GUARANTEES.

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ARTICLE 2o. DIGNITY. The extinction of dominion will have as a limit and foundation respect for human dignity.

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ARTICLE 3o. THE RIGHT TO THE PROPERTY. The extinction of the domain will have as a limit the right to the property lawfully obtained in good faith free of guilt and exercised according to the social and ecological function that is inherent to it.

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ARTICLE 4. GUARANTEES AND INTEGRATION. In the application of this law, the rights recognized in the Political Constitution, as well as in the international treaties and conventions on human rights ratified by Colombia, will be guaranteed and protected. are compatible with the nature of the domain extinction action.

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ARTICLE 5o. PROCESS. In the exercise and processing of the action of extinction of dominion, the right to due process shall be guaranteed that the Political Constitution and this Code consents.

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ARTICLE 6o. PRINCIPLE OF OBJECTIVITY AND TRANSPARENCY. In the exercise of the action of extinction of dominion, the public servants will act with objectivity and transparency, taking care that their decisions are legally in accordance with the Constitution and the law.

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ARTICLE 7o. PRESUMPTION OF GOOD FAITH. Good faith is presumed in any act or legal business related to the acquisition or destination of the goods, provided that the holder of the right proceeds in a diligent and prudent manner, without any fault.

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ARTICLE 8o. CONTRADICTION. The procedural subjects shall have the right to review the evidence and those decisions that are susceptible to resources within the domain extinction process. To this end, the judicial officer shall give reasons for decisions affecting his or her fundamental or actual rights, or for resolving substantive aspects of the process.

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ARTICLE 9o. AUTONOMY AND JUDICIAL INDEPENDENCE. The judicial decisions made within the process of extinction of the domain will be the expression of the exercise of the constitutional function of administering justice. Judicial officers will be independent and self-employed.

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ARTICLE 10. ADVERTISEMENT. During the initial phase the performance will be reserved, even for the procedural and intervening subjects.

On the basis of the provisional application of the claim, the action is subject to reservation against third parties, but it may be known by the procedural and the interveners, with the exceptions provided for in this law. The extinction of domain judgment is public.

When the Office of the Attorney General of the Nation, the Superior Council of the Judiciary or any non-criminal judicial authority requires information about a pending domain extinction procedure, or the transfer of evidence means, ask the Prosecutor to be assigned the knowledge of the performance. In each case, the corresponding Prosecutor will evaluate the application and determine which means of testing it can deliver, without affecting the investigation or putting the success of the investigation at risk.

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ARTICLE 11. DOUBLE INSTANCE. Decisions affecting fundamental rights or which resolve in substance substantial aspects of the process may be appealed by those who have legitimate interest in this, within the opportunities provided for in this Code and except the exceptions contained in the same.

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ARTICLE 12. RES JUDICATA. The rights that have been discussed within a domain extinction process in which a final and final decision has been made by an enforceable judgment or by means of a providence that has the same force of affairs judged, they will not be subjected to a new performance by the same causes when there is identity regarding the subjects, the object and the cause.

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ARTICLE 13. RIGHTS OF THE AFFECTED. In addition to all the guarantees expressly provided for in this law, the affected person will also have the following rights:

1. To have access to the process, directly or through the assistance and representation of a lawyer, from the communication of the resolution of provisional fixation of the pretense or from the materialization of the precautionary measures, only in the related to them.

2. To know the facts and foundations that underpin the claim of extinction of dominion, exposed in clear and understandable terms, in the opportunities provided for in this law.

3. Oppose the State's claim to extinguish the right of dominion.

4. Present, request, and participate in the testing practice.

5. Prove the legitimate origin of his or her estate and the assets whose title is discussed, as well as the lawfulness of his destination.

6. Prove that the goods in question are not found in the causals of provenance for the extinction of the domain.

7. To prove that in relation to its patrimony, or of the goods that specifically constitute the object of the action, has produced a favorable decision that must be recognized as a thing judged within a process of extinction of dominion, by identity with respect to the subjects, the object and the cause.

8. To challenge the claims that are being enforced against the goods.

9. Give up the probative debate and opt for an advance sentence of domain extinction.

10. Conduct any other type of procedural act in defense of their rights.

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ARTICLE 14. DEFENSE OF PERSONS IN CONDITIONS OF VULNERABILITY. It is for the National System of Defensoria to assume the assistance and judicial representation and to guarantee the full and equal access to the administration of justice in the processes of extinction of domain of persons who are in obvious vulnerability for reasons of poverty, gender, disability, ethnic or cultural diversity or any other such conditions.

BOOK II.

OF DOMAIN EXTINCTION.

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ARTICLE 15. CONCEPT. The extinction of the domain is a patrimonial consequence of illicit activities or that seriously impair the social morality, consisting in the declaration of ownership in favor of the State of the goods referred to this law, by judgment, without consideration or compensation of any kind to the affected.

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ARTICLE 16. CAUSALES. The domain shall be declared extinct on the goods in the following circumstances:

1. Those that are the direct or indirect product of an illicit activity.

2. Those corresponding to the material object of the illicit activity, unless the law has its destruction.

3. Those arising from the partial or total conversion or conversion, physical or legal of the product, instruments or material object of illicit activities.

4. Those that are part of an unjustified increase in assets, where there are elements of knowledge that they can reasonably consider to be from illicit activities.

5. Those that have been used as a means or instrument for the execution of illicit activities.

6. Those who, according to the circumstances in which they were found, or their particular characteristics, allow to establish that they are intended for the execution of illicit activities.

7. Those that constitute income, income, fruits, profits, and other profits derived from the previous assets.

8. Those of lawful origin, used to conceal goods of illicit origin.

9. Those from lawful origin, mixed material or legally with goods of illegal origin.

10. Those of lawful origin whose value is equivalent to any of the goods described in the preceding numerals, where the action is inappropriate for the recognition of the rights of a third party in good faith without fault.

11. Those of lawful origin whose value corresponds to or is equivalent to that of goods directly or indirectly derived from an illicit activity, where the location, identification or material affectation of such activity is not possible.

PARAGRAFO. The domain extinction shall also be carried out with respect to the goods that are the object of succession by reason of death, when any of the causals provided for in this law are present.

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BOOK III.

OF THE DOMAIN EXTINCTION ACTION.


TITLE I.

GENERAL PRINCIPLES OF THE PROCEDURE.

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ARTICLE 17. NATURE OF THE ACTION. The action of extinction of the domain concerned by this law is of a constitutional, public, judicial, direct, real character and patrimonial content, and shall proceed with any good, regardless of who has it in your power or acquired it.

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ARTICLE 18. AUTONOMY AND INDEPENDENCE OF THE ACTION. This action is distinct and autonomous from the criminal, as well as from any other, and independent of any declaratory of responsibility.

In no case will the prejudiciality proceed in order to prevent any sentence, or incidents other than those provided for in this law, from being proposed.

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ARTICLE 19. PROCEDURAL ACTION. The procedural action shall be carried out taking into account the respect for fundamental rights and the need to achieve the effectiveness of the administration of justice in the terms of this code.

The judicial officer is under the obligation to correct the irregular acts, always respecting the rights and guarantees.

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ARTICLE 20. SPEED AND EFFICIENCY. Any action shall be taken promptly and promptly without undue delay. The procedural terms are peremptory and strict compliance. To this end, the prosecutors, judges and magistrates who know of the processes of extinction of the domain will be dedicated exclusively to them and will not know of other types of cases.

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ARTICLE 21. INTEMPORALITY. The domain extinction action is imprinted.

The extinction of the domain will be declared independently of the fact that the budgets for its origin have occurred prior to the validity of this law.

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ARTICLE 22. NULLITY AB INITIO. Once the legality of the origin of the goods affected by the process of extinction of the domain is proven, the object of the legal business that gave rise to its acquisition is contrary to the constitutional regime. and legal property and therefore the acts and contracts that deal with such goods in no case constitute a fair title and will be considered null ab initio. The above, without prejudice to the rights of third parties in good faith without guilt.

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ARTICLE 23. PURPOSE OF THE PROCEEDING. In procedural action, judicial officials will always seek the effectiveness and prevalence of the substantial right.

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ARTICLE 24. LOYALTY. The procedural subjects and all other persons involved in the process of extinction of dominion are in the duty to do so with absolute loyalty and good faith. They must act without fear in the exercise of procedural rights and duties.

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ARTICLE 25. APPLICATION OF THE CRITERIA OF PRIORITIZATION. In the process of the action of extinction of the right of dominion, the criteria of prioritization of situations and cases established by the Attorney General of the Nation will be addressed. Such prioritization shall take into account a cost-benefit assessment of the extinction of the goods, as well as the risk that such goods generate to national security.

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ARTICLE 26. REFERRAL. The action of extinction of dominion shall be subject exclusively to the Constitution and the provisions of this law. The following integration rules will be covered in the unexpected events:

1. In the initial phase, the procedure, precautionary measures, control of legality, probative regime and correctional powers of the judicial officers, will be attended to the rules provided for in the Code of Criminal Procedure contained in the Law href="ley_0600_2000.html#Inicio"> 600 of 2000.

2. In the initial phase, investigation and investigation techniques and special acts of investigation such as interception of communications, searches and searches, selective search in databases, supervised deliveries, surveillance and people tracking, surveillance of things, recovery of information left when surfing the Internet and covert operations will apply the procedures provided in Law 906 of 2004, except for concerning the judicial checks by the judge of guarantees or the National Directorate of Fiscalis, as well as in everything that is not compatible with the procedure provided for in this Code.

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3. As regards the illicit activities on which the causals are concerned, the rules of the Criminal Code and the accompanying provisions will be observed.

4. In matters relating to the regulation of the rights of persons, property, obligations and civil contracts, as provided for in the Civil Code.

5. As regards goods, obligations and commercial contracts, as provided for in the Trade Code and the accompanying provisions.

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ARTICLE 27. PREVALENCE. The general rules and general principles provided for in this chapter are binding, prevail over any other provision of this Code and shall be used as the basis for interpretation.

TITLE II.

COMPETENCE.

CHAPTER I.

PROCEDURAL SUBJECTS.

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ARTICLE 28. PROCEDURAL SUBJECTS. The Office of the Prosecutor General of the Nation and those affected are procedural subjects.

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ARTICLE 29. ATTRIBUTIONS. Corresponds to the Attorney General's Office:

1. Investigate and determine whether the goods being processed are in any of the causes of domain extinction.

2. To secure the goods subject to the process of extinction of the domain, taking the precautionary measures that are coming.

3. To correct ex officio or at the request of part the irregular acts which have been carried out in the course of the initial phase.

4. To present to the competent judges the requirement of extinction or of the origin, as appropriate.

5. Direct and coordinate technical, operational and legal functions of judicial police that are permanently in compliance with the Technical Investigation Corps of the Office of the Prosecutor General of the Nation, the National Police, and the other agencies that law.

6. Ensure the protection of witnesses and interveners in the process.

7. The others that attribute the organic status of the Attorney General of the Nation.

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ARTICLE 30. AFFECTED. It is considered to be affected within the process of extinction of the domain to any person, natural or legal, who claims to be the holder of rights on any of the goods that are the object of the action extinction of dominion:

1. In the case of personal property, movable or immovable property, any person, natural or legal, who claims to have a real right to the goods subject to the action of extinction of the domain, is considered to be affected.

2. In the case of personal or credit rights, any person, natural or legal, is considered to be affected, which claims to be entitled to claim compliance with the respective obligation.

3. Securities securities are considered to be affected by any natural or legal person who claims to be a legitimate holder of those goods or beneficiaries with a certain right.

4. Finally, in relation to the rights of participation in the social capital of a company, any person, natural or legal, who claims to be the holder of any real right on a part or all of the shares, parties, is considered to be affected. social interest or actions that are the object of domain extinction.

CHAPTER II.

INTERVINIENTS.

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ARTICLE 31. Public Ministry. The Public Ministry will act in the process of extinction of dominion in defense of the legal order, public patrimony and fundamental rights and guarantees. The latter may intervene on the basis of the provisional application of the claim with the same powers of the procedural subjects, and shall be exercised by the Attorney General of the Nation by means of his delegates and agents.

It is also up to the Public Ministry to ensure respect for the rights of certain individuals who do not share and the rights of the individual.

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ARTICLE 32. MINISTRY OF JUSTICE AND LAW. The Ministry of Justice and Law will act in the process of extinction of dominion in defense of the legal interest of the Nation and representation of the entity responsible for the administration of the goods. affected in the course of the procedure. The latter may intervene on the basis of the provisional application of the claim and shall have the power to submit the applications and the resources it deems necessary in pursuit of the interests of the State.

CHAPTER III.

GENERAL COMPETITION RULES.

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ARTICLE 33. JURISDICTION FOR JUDGMENT. The administration of justice in the field of the extinction of dominion, during the trial stage, is exercised permanently by the Criminal Cassation Room of the Supreme Court of Justice, the extinction rooms of the domain of the Superior Courts of the Judicial District and by the Judges of the Circuit specialized in extinction of dominion.

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ARTICLE 34. COMPETENCE FOR THE INVESTIGATION. It is up to the Office of the Attorney General of the Nation to direct, conduct and coordinate the investigation in the field of domain extinction. The Office of the Prosecutor General of the Nation shall act through the Prosecutor General of the Nation or the prosecutors who are delegated to this matter.

The Prosecutor General of the Nation will know of the action of extinction of dominion over goods whose ownership falls on a foreign diplomatic agent duly accredited to the Government of the Republic of Colombia. The above, without prejudice to your ability to delegate these matters in particular.

The Chief Prosecutors before the Criminal Judges of the Specialized Circuit belonging to the different sectionals, will know of the action of extinction of dominion over goods linked with the illicit activities own of their competence or related to these.

In all other cases, the Chief Prosecutors shall be aware of the extinction of the domain by the Criminal Judges of the Circuit.

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ARTICLE 35. TERRITORIAL JURISDICTION FOR THE JUDGMENT. It is for the Judges of the Specialized Circuit in the Extinction of Domain of the judicial district where the goods are located, to assume the judgment and to issue the corresponding judgment. In the absence of Domain Extinction Judges will know of the trial, the Criminal Judges of the Circuit Specialised.

When there are goods in different judicial districts, the district judge who has the highest number of Domain Extinction Judges, or in his absence, the largest number of Criminal Judges of the Specialized Circuit, will be competent. The appearance of goods elsewhere after the provisional application of the claim does not alter competition.

The Criminal Court of Justice of the Supreme Court of Justice will have jurisdiction in the sole instance of the extinction of the domain of the goods whose ownership falls on a duly accredited diplomatic agent, independently of its place of location on the national territory.

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ARTICLE 36. TERRITORIAL JURISDICTION OF THE NATION ' S ATTORNEY GENERAL. The Attorney General of the Nation and its delegates have jurisdiction throughout the national territory.

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ARTICLE 37. JURISDICTION OF THE CRIMINAL COURT OF JUSTICE OF THE SUPREME COURT OF JUSTICE. The Criminal Cassation Chamber of the Supreme Court of Justice will be competent to hear appeals and complaints filed against the cars and sentences. They are offered by the Supreme Court's Extinction Chambers, in the process of the extraordinary review action.

This Chamber will also be aware of the judgment of the processes of extinction of dominion advanced by the Attorney General of the Nation on assets whose ownership falls on a duly accredited diplomatic agent and the review of the sentences that dicte.

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ARTICLE 38. JURISDICTION OF THE DOMAIN EXTINCTION ROOMS OF THE SUPERIOR COURTS OF THE JUDICIAL DISTRICT. The Jurisdiction Extinction Chamber of the Superior Courts will know:

1. In the first instance, of the 1st extraordinary action of review promoted against the judgments of that corporation in the matter of the extinction of dominion.

2. In the second instance, the appeals and complaint appeals against the cars and sentences handed down by the Judges of Extinction of Domain.

3. The requests for control of legality that are promoted against the decisions taken by the Attorney General of the Nation in the proceedings in his office.

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ARTICLE 39. JURISDICTION OF THE DOMAIN EXTINCTION JUDGES. The Domain Extinction Judges will know:

1. In the first instance, the judgment of the extinction of dominion.

2. In the first instance, requests for control of legality within the processes of their competence.

CHAPTER IV.

COMPETITION FOR CONNECTION.

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